This policy is non-contractual and does not form part of your terms and conditions of employment and may be varied or withdrawn at any time without notice.
The purpose of this policy is to assist employees to find a balance between home and work life. Employees can request to change the hours they work, the times that they are required to work, or their location of work. Flexible working does not necessarily mean reduced hours; an employee may only want to change their start or finish times to accommodate something in their personal life. If a new working pattern results in an employee working fewer hours than originally contracted for, then the employee’s basic salary, annual leave and other contractual entitlements will be pro-rated to reflect the new working pattern.
All colleagues UK, Ireland and Kelly Secondment Employees (KSEs).
The Company understands the needs of employees and their statutory right to request flexible working. However, to make such a request the following criteria must be met:
Employee must have at least 26 weeks’ continuous service at the date the application is made.
Employee cannot have made an application to work flexibly within the last 12 months.
It is the employee’s responsibility to ensure that the above criteria are met, prior to making a request. It is expected that employees will also make their application well in advance of when they want it to take effect. It is also important to note that the nature of our business is such that it may be necessary for the individual to be prepared to be flexible themselves in order to reach a satisfactory conclusion to their application.
The right to request flexible working includes the right for an eligible employee to ask for changes to:
The number of hours worked, e.g. part-time working, term-time working The times of work e.g. the days of the week worked and start/finish times The place of work, i.e. a request to do some or all of the work from home.
Making an Application In order for a flexible working request to be considered the employee must follow the procedure outlined below:
Step 1: Employees must make a written application to work flexibly. The application must set out the new working pattern the employee wishes to work, how this might be accommodated within the business and the impact the change in working pattern will have on the business. The request must also state whether a previous application has been made and what the date of that request was. This should be sent to the HR team and then will be forwarded on to the Kelly Line Manager.
Step 2: The employee’s direct Kelly Line Manager will invite the employee to a meeting to discuss their flexible working request. This meeting should be planned with at least 24 hours notice to the employee and the employee will be afforded the right to be accompanied by a fellow Kelly Services colleague or trade union representative.
Step 3: Within 3 months of receiving the request, the employee’s direct Kelly Line Manager will either:
Write to the employee, specifying how the contract will change and from what date, or;
Write to the employee outlining any reasons that the business have refused the request.
Within the 3 month period the employer may invite the employee to another meeting to discuss their application further. The employer also may propose an alternative working pattern in order to avoid refusing the request in full.
_Withdrawing an application
Should an employee wish to withdrawn an application they must do so in writing to HR at their earliest opportunity within the process.
The employer can treat an application as withdrawn if the employee misses two meetings with the employer to discuss their application without good reason. If the decision is taken to treat an application as withdrawn the employee will be notified in writing.
_Grounds for Refusing a Request
The business grounds for refusing a request made by a employee for flexible working may include: Extra costs which will damage the business The work can’t be reorganised among other staff People can’t be recruited to do the work Flexible working will affect quality and performance The business won’t be able to meet customer demand There’s a lack of work to do during the proposed working times The business is planning changes to the workforce
If an employee wishes to appeal against a flexible working decision, this must be done in writing to the HR Team within 14 days of receiving the decision. A meeting will be arranged with the employee to discuss the appeal within 14 days of receiving the appeal notification; the employee is entitled to bring a workplace employee or trade union official to the meeting. The appeal will be heard by a member of the HR Team or the manager above the manager who made the original decision.
Any amendments to an employee’s hours under flexible working will be subject to a 6 months trial period and further regular reviews, to ensure that business needs continue to be met.
In some circumstances, the trial period may be extended by up to a further 3 months on the same or slightly adjusted flexible hours.
If, at the end of the trial period, all parties are in agreement, the flexible working pattern will only then constitute a permanent change to the employee’s terms and conditions of employment. If the flexible working pattern is deemed unworkable during, or at the end of, the trial period the employee will revert back to his or her previous working arrangements, having been given 28 days’ notice.
_Return to Original Working Pattern
The Company recognises that employees working flexibly may want to return to their original working pattern. In this case the employee should speak to their Line Manger to request the change.
There is no statutory right to return to the original working pattern, although the company will consider any submitted requests.