Right to request flexible working
We encourage and support employees working at different times and in different places as part of the council’s wider Ways of Working objectives.
You and your line manager will work together to ensure any requested working pattern benefits both you, the council and our service users.
There are two ways in which you can explore a flexible working pattern with your line manager. The council recognises and supports both informal and formal approaches to flexible working requests.
Informal workstyle personalisation
You may be able to explore informal flexible working arrangements with your manager (known as workstyle personalisation) as part of your regular check-in conversations.
Informal and mutually agreed workstyle personalisation arrangements cover the working arrangements that can be incorporated within your current contractual working hours. These arrangements allow more flexibility than a formal request if your circumstances change.
If an informal and mutually agreed flexible working arrangement can be made, the formal process is not needed.
Formal right to request flexible working
In some cases, the informal process may not be suitable, such as:
- if you would like a permanent and fixed change to when you work, such as a guaranteed working pattern or reducing from full time to part time hours
- if you require a fixed change to where you work, such as permanently working from home due to difficulties in attending the office
- if you would feel more comfortable using the formal procedure which is linked to legislation
If the above instances apply, you can use the formal right to request flexible working process, which involves a written application, followed by a structured meeting with your line manager where they will consider your request.
The legislation linked to the formal process gives you the legal right to request flexible working, but that does not mean that your requested changes will be accepted. Before accepting your request, your manager will consider potential challenges that may be caused by your proposed working pattern, including any additional costs, team workloads and impact on service delivery.
All requests for flexible working will be considered fairly. Requests from parents or carers are not prioritised over requests from other employees as all requests will be assessed against business needs and the circumstances at the time the request is received, ensuring that issues of age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation do not affect any decisions made.
Right to request flexible working flowchart (PDF, 110KB)
Formal procedure
All employees have the right to request flexible working and can follow the process to make a formal request from their first day of employment.
The formal procedure restricts the number of applications employees can make to no more than two applications within any 12-month period.
If a request is accepted using the formal process, it will result in a permanent change to your terms and conditions of employment, which you may not be able to reverse if your circumstances change at a later date.
The application
You must make your application in writing and cover specific areas in your request. You should use the following form to help you to make a valid application:
Application form - right to request flexible working (DOCX, 74KB)
Once completed, the application form should be sent to your line manager.
Handling the request
When your line manager receives your application form, they will contact you to arrange a meeting to discuss your request. Once agreed, your line manager will confirm the details of the meeting in writing.
Letter – invitation to a right to request flexible working meeting (DOCX, 68KB)
There is no formal right to be accompanied at meetings to discuss your flexible working request. However, if you would prefer, you can request to be accompanied by an ECC colleague or trade union representative. You will be responsible for arranging their attendance.
At the meeting, you and your manager will clarify the changes that you are requesting; discuss the effects of the requested changes on service delivery and your team charter; and consider how any challenges could be overcome.
Requests will usually be considered in the order that the line manager receives them. Requests will be considered in the current business context and take any effects of previous changes into account.
It may be possible for your line manager to reach a decision at the end of the original flexible working meeting, but in many cases, a trial period may be proposed.
Time limits
Your manager will ensure that they fully respond to your request within two months of receiving your application. This period will include any appeals to the original decision.
This two-month period may be extended by mutual agreement, such as where a trial period has been agreed.
Trial Periods
It is very common that a trial period would be suggested to assess the success of a proposed new working pattern. If a trial period is agreed, the two-month period for responding to the formal request will be extended by the length of the trial period.
In most cases, 12 weeks would be considered to be a reasonable amount of time for a trial period to assess a new working pattern. You manager may propose a longer trial period if your role involves peak periods, seasonal or cyclical activities, this is to ensure that your new working pattern will succeed in the longer term.
Your line manager will confirm, in writing, that a trial period has been agreed and the length of that trial period.
You and your manager should plan regular reviews to ensure that the new arrangements are working for everyone. You can use these reviews to make adjustments to the new working pattern if you need to.
At the end of the trial period, your line manager will arrange another meeting in order to reach a permanent decision. Your line manager should again confirm the details of the re-arranged meeting in writing and, as at the original meeting, you have the same right to be accompanied, if you choose to.
During the meeting, you and your manager will confirm what working pattern is being requested as this may have changed during the trial period.
Reaching a decision
After the flexible working meeting (or the follow-up meeting at the end of a trial period), your line manager will carefully consider your request, and the success of any trial period.
Whilst there is no obligation to grant your request, your line manager’s decision will be based on business reasons. If needed, line managers can contact the People Support Services team who will provide additional support and guidance.
After carefully considering your request, your line manager’s decision may be to:
- agree the original request
- agree to the original request with modifications
- provide an alternative solution, such as informal agreements, or trial periods for you to consider
- refuse the request
Your line manager will inform you once a decision has been made.
If your request has been accepted, you and your manager will agree how and when the changes will be implemented. Your line manager will confirm these details in writing:
Letter – accepting a request for flexible working (DOCX, 68KB)
Letter - voluntary homeworker agreement (DOCX, 72KB)
If your request has been rejected, your line manager will usually meet with you to discuss the reasons for their decision. As before, you may be accompanied at this meeting by an ECC colleague or trade union representative, if you wish. Your manager will confirm their decision in writing:
Letter – rejecting a request for flexible working (DOCX, 68KB)
Appeals
If you wish to appeal the outcome of your formal flexible working request, you can submit a formal right to request flexible working appeal form to the manager who made the decision. You need to do this within one week of receiving the letter from your manager confirming the outcome of your Formal Right to Request Flexible Working meeting.
Right to request flexible working appeal form (DOCX, 71KB)
Once completed, the appeal form should be sent to your line manager.
Your appeal will be assigned to an Independent Manager, who will contact you to arrange a meeting to discuss your appeal.
Manager’s Responsibilities
Records: You must keep a copy of all correspondence.
Updating My Oracle: If there is a change in the number of hours that the employee will be working, or their contractual place of work, you must make the relevant changes on My Oracle at the earliest opportunity.
Appeals: If the employee submits an appeal, you should contact the People Support Services who will provide you with support and guidance.