Policies and Procedures

# Whirl the World - Flexible Working

The policy and procedures relating to Flexible Working do not form part of your terms and conditions of employment.

The company’s Flexible Working Policy outlines the company’s commitment to consider flexible working arrangements for employees to meet their childcare or adult care needs.

The company recognizes the contribution of all its employees and also understands that at some time in their working lives, employees may find it difficult to fulfil domestic, family and working commitments due to having a young family, adopting, having a disabled child or caring for an adult. Where this occurs, the company will always consider practical help through this flexible working policy.

No employee will be treated less favorably, suffer detriment or be dismissed because they request, or take, flexible working.

Flexible working is about considering the way work is organized to see whether it is possible to have different arrangements. The result must always be, however, that the company achieves its core business purpose as efficiently as is possible.

Employees should also be aware that if they request and are given agreed flexible working conditions this is a variation of their terms and conditions of employment and is a permanent change. If their circumstances change in relation to the need for flexible working there is no statutory right for a return to their terms and conditions as they were prior to the flexible working.

The company:

- Will consider requests for flexible working by those who are eligible to put in a written request

- Recognizes that the initial onus of making an application is with the employee

- Will follow the correct procedure as outlined here

- Will reject an application where it is considered that on the grounds of business it cannot allow the flexible working as it will be detrimental to the company achieving its business

- Will meet with the employee within 28 days of the application to discuss the application and will write to the employee outlining its decision within 14 days.

## Policies and Procedures

### Eligibility

To be able to request flexible working, an employee must:

- Have a child under seventeen years of age or under 18 years of age if he or she is disabled

- Be responsible for the child as its parent and be either a biological parent, guardian, adopter, foster-carer or be married to or be the partner of such a person

- Have responsibility for the upbringing of the child

- Be caring or expect to be caring for an adult where the flexible working request is made in relation to caring for that adult

- Be making the application to enable them to care for the child or adult

- Have worked for the company continuously for 26 weeks at the date of the application for flexible working

- Not be an agency worker

- Not have made another application to work flexibly under the right during the past 12 months.

- Be able to prove that he or she meets the above criteria, in particular with regard to his or her relationship with the child or the adult.

### Definition of a parent

A Parent is defined as the child’s mother, father, adopter, guardian, special guardian or foster parent; or someone who is married to, or the partner/civil partner of the child’s mother, father, adopter, guardian, special guardian or foster parent.

### Definition of a carer

The right to request flexible working also covers employees who are caring or expect to be caring for an adult (i.e. a person aged 18 years or over) who is a spouse (or partner/civil partner), relative or someone else living at the same address.

### Application

An application to work flexibly must be in writing and specify the following:

- That the request is made under the terms of the flexible working legislation

- State whether a previous application has been made to the employer and, if so, when

- Specify the flexible working pattern applied for and the date on which it is proposed the change should come into effect

- Explain what effect, if any, the employee thinks the proposed change would have on the employer and how, in their opinion, any such effect might be dealt with

- Explain how he or she meets the eligibility criteria

An application must be made in writing. However, it can be submitted via letter, email or fax. Click here to see the suggested wording.

### Consideration of the request

The organization will give serious and full consideration to all requests to work flexibly from eligible parents.

If a request cannot be agreed without further discussion, a meeting will be arranged within 28 days to discuss this and consider alternative flexible options.

The employee is entitled to be represented at that meeting by a work colleague. If the employee or his or her representative is not available for the meeting then an alternative time suitable for all parties should be agreed upon and held within seven days.

If the organization cannot meet the employee’s request it will be on one or more of the following grounds:

- The burden of additional costs.

- The detrimental impact on meeting customer/service demands.

- An inability to re-organise or re-distribute work among other existing staff.

- An inability to recruit additional staff (this may particularly be the case where the request leaves unusual hours to be filled by another employee).

- A detrimental impact on quality or performance.

- There is insufficient work available during the hours the employee is requesting to work.

- Other structural changes are planned.

Whatever the outcome of the meeting, the result will be confirmed to the employee in writing within 14 days of the meeting, unless an extension is agreed.

If the requested change of working arrangements is accepted, the new terms and conditions that apply are permanent. The employee has no right to return to his or her old terms and the employer has no right to enforce a return unless a trial of the new terms has not proved successful.

### Trial Period

The organization may decide to offer the new way of working on a trial basis initially if it is not sure what the impact of it will be on the business. In such circumstances, the change to the employee’s terms and conditions of employment during the trial period is a temporary change to his or her terms and conditions of employment.

If the trial is not successful, the employee will revert back to his or her previous terms and conditions of employment. If the requested change of working arrangements is accepted at the end of the trial then the temporary terms and conditions will become permanent.

### Appeal

The employee has the right of appeal if his or her application to work flexibly is declined and must put his or her appeal in writing within 14 days of receipt of the employer’s decision, unless an extension is agreed.

The letter of appeal must clearly state the grounds for appeal and a further meeting will then be arranged in the same manner as the original hearing giving the employee the right to be accompanied.

Following the appeal hearing, the employer will confirm the outcome in writing within a further 14 days (unless an extension has been agreed) detailing any agreement that has been met or an explanation of the grounds for dismissing the appeal.

The decision at the appeal hearing stage is final.

Where an employee appeals, another person may accompany him or her. This may be another employee of the company. An appeal may be requested and must be submitted in writing setting out the grounds, within 14 days of the decision.

### Extension of time limits

There is an allowance for the extension of time limits within the procedure where the manager and the employee agree. This may occur in the following two circumstances:

- Further exploration of work patterns – at the request meeting it may be agreed by the manager and the employee that there needs to be further research into the possibilities – a record should be made of this agreement in writing, by the manager, with the extension of the time limit noted.

- Absence of the manager – this may apply where he or she is taking annual leave or sick leave. In either case, the time limit will be extended where the manager is absent. In this case, the manager will have 28 days to arrange the meeting from the day of his or her return to work.

There is no provision for any other circumstances to justify an automatic extension.

### When an application may be treated as withdrawn

The company will consider an application as being withdrawn and will no longer have a duty to consider the request when:

- An employee gives written notification to the manager that he or she is withdrawing their application. Where the written information is not forthcoming, the manager will write seeking clarification that the employee has withdrawn their application.

- An employee fails to meet their responsibilities under the procedure and, therefore, it is fair in the circumstances for the manager to assume that the application is no longer being pursued. The two areas where this may occur are:

- - Failure to attend the application meeting or the appeal meeting, more than once

  - Unreasonably refusing to provide the manager with information that he or she needs in order to assess whether the contract variation can be granted.

An employee who withdraws his or her application will not be eligible to make another flexible working request for a further twelve months

### Where management does not respond

Where the employee does not get a written response within the time-frame provided within the procedure, the employee should refer to the company’s grievance procedure.

## Contacting Human Resources

Human Resources can be contacted at the following locations:

### Mail

First Avenue, Anytown, U.S.A.

### Email

hr.usa@whirltheworld.com