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Policy, procedure and advice
DWP Policy, Procedure,
Advice for Working Hours and Working
Patterns, together with a Guide for
Managers, is published on the DWP intranet. These documents provide the process
for part-time working requests, including requesting a change to full-time
hours.
All employees are entitled to apply
All employees with at least
26 weeks reckonable service in DWP are entitled to apply to change their
working hours or working pattern twice a year. In exceptional cases line
managers have discretion to accept applications within the first 26 weeks and
further applications in under a year. (DWP Procedure 3)
Employees may apply to vary their employment contract if
they wish to change the hours they are required to work, or when and sometimes
where they are required to work them. In particular employees can apply for:
·
Part-year
working (e.g. working term-time only)
·
Full-time
working
Application for change
DWP Procedure paragraph 4
provides the requirements for applications. The employee must apply
to the manager in writing, stating:
·
Whether they are
applying under the Statutoryscheme (see DWP Policy paragraphs 18-19)
·
The date of
their last application (if any)
·
The new working
pattern (or cycle if it changes over two or more weeks) they are applying to
work
·
What effect they
feel their proposal will have on their business area (for example by reference
to the working patterns of their colleagues in the same team)
·
How they believe
the effects of their changed working pattern can be handled to meet their
needs, their colleagues' needs and the needs of the business
·
The date when
they would like the new working pattern to start, giving a minimum of six
weeks’ notice of that date. It is helpful, for administrative purposes, for
changes to take effect from a Monday date, where possible
Considering an application
DWP managers have a duty to
seriously consider the request and may agree applications without need for a
meeting. If the request cannot be immediately agreed:
·
A meeting must
be arranged to discuss the application
(Procedure 5)
·
The employee
must be offered the option of being accompanied at the meeting by a Trade Union
Rep or work colleague (Procedures 6).
Managers
can reject a request only on a number of specific grounds, as specified under
DWP Procedure paragraph 9:
·
Burden of additional costs
·
A detrimental effect on ability to meet customer
demand
·
No scope to reorganise work among existing employees
·
No scope to recruit additional employees
·
A detrimental effect on quality
·
A detrimental effect on performance
·
A lack of sufficient work during the periods the
applicant proposes to work
·
Planned structural changes
It is not good enough to simply refuse a request for
“business reasons”, or without a formal meeting, or simply give one or more of
the reasons listed above, without a sufficient
explanation as to how such grounds for refusal actually apply in the
employee’s case.
Decision Makers Guide
Standards for decision
makers and appeal managers when making decisions are detailed in the Decision
Makers’ Guide.
Managing Working Patterns Guide
The Managing Working Patterns – Guide for Managers is “a tool for assisting managers” and should not be
used as a substitute for DWP Policy and Procedures or Law. This Guide is biased
towards “business reasons” for refusing applications. Such refusals must only
be applied with a sufficient explanation
as to how such grounds for refusal actually apply in the employee’s case.
Statutory scheme
The
terms of the statutory scheme are detailed under DWP Policy paragraphs 18-19.
Anyone can ask to work flexibly under DWP Working
Hours and Working Patterns Policy, but the statutory right to do so is
restricted to:
·
Employees
·
With 26 weeks
service
·
Having not made
another application under this right within the previous 12 months
·
Caring for an
adult who is married to or the partner or civil partner, relative or living at
the same address as the employee; or
·
Is, or is the
partner of, the mother, father, adopter, guardian or foster parent of a child
and has (or expects to have) parental responsibility for the child.
The
statutory right is a right to request
flexible working which may only be refused after a formal meeting, with the
right to be accompanied by a Trade
Union Rep or work colleague and one or more of the statutory grounds for refusal apply. These grounds match
the reasons for refusal under DWP Procedure paragraph 9.
Normally permanent changes
Any agreed change will
normally be a permanent change to the employee’s contracted working hours or
working pattern unless the manager’s decision is to accept the change only for
a specific stated period, at the end of which the employee must revert to their
previous working hours. (Procedure 3.5)
Right of Appeal
Employees
have a right to raise a grievance and appeal against refusal of their request,
under the DWP Formal Grievance and Appeal Procedures, with the right to be
accompanied.