Flexible Working A gateway guide for use by departmental managers and employees September 2019

1. Flexible WorkingA gateway guide for use by departmental managers and employeesSeptember 2019

2. Main menu Introduction and navigation Where do I fit in? Types of flexible working Options for flexible working arrangements Manager’s responsibilities Employee’s responsibilities Managing requests for flexible working Legacy flexible working arrangements – manager’s guide

3. Introduction and navigation Introduction Business delivery can be more effective in modern workplaces that enable flexible working, in line with business needs. The Department supports and encourages flexibility and will challenge assumptions about traditional ways of working, taking account of the needs of our work, customers and employees. Flexible working covers a wide range of working patterns including home or remote working, part-time, compressed hours, job sharing, part-year, annualised hours and flexi time. It can be mutually beneficial to the Department and employees by: improving employees’ work-life balance and wellbeing helping to attract and retain staff, particularly those with caring responsibilities increasing productivity reducing costs. Alongside job sharing it forms a key element in the Civil Service’s overall talent strategy. Employees can make a request for flexible working under the statutory framework. Any agreed change will be a permanent change to their contractual terms and conditions unless it is a new informal agreement. Navigation You can navigate to the section that interests you using the menu or you can browse the full gateway guide using the previous and next page buttons. Where sections have multiple tabs, you simply need to click on the tab to view the information it contains. Throughout this guide you will see the following buttons: Previous Page- return to the last page viewed Next Page - proceed to the next page in the topic Section menu- return to the topic menu Home - return to the main menu

4. Where do I fit in? (1) Manager’s role As a manager, you will prioritise business outputs and proactively manage flexible working, balancing it against employees’ needs, to enable the Department to deliver its business and services more effectively. You must: consider all requests in a reasonableand consistent manner handle all requests, including appeals, within three months make decisions based on an objective process that does not discriminate against particular employees consider whether the request is being made under the statutory framework which would result in a change to the employee’s terms and conditions or whether it is an informal arrangement. You should also recognise that these: requests are important to individuals and require careful consideration arrangements will need to be regularly reviewed to ensure that previously agreed working arrangements continue to meet the needs of the business as well as any personal circumstances. Bear in mind it will be more difficult to review and change a flexible working arrangement which has been made under the statutory procedure if the employee is resistant to any change, as the employee will have a contractual right to the arrangement that has been agreed. Employee’s role Top tips Consider using informal flexible working arrangements, where appropriate, to keep things simple. Managers and employees should keep talking to help identify solutions or compromises, where appropriate, to accommodate flexible working. Is a compromise possible? Acas resource Flexible working and work-life balance

5. Where do I fit in? (2) Manager’s role As an employee, you can request to work flexibly and must: understand that whilst flexible working is encouraged, wherever possible, not all posts or roles are suitable for all types of flexible working recognise that working flexibly is not a right and is always subject to business need. Additionally, if you have 26 weeks service, you have a legal right to make a request once in a 12-month period to work flexibly, known as a statutory request. You should also ensure that you: allow sufficient time for your request to be considered appreciate that there may be a need to work with your manager on a compromise. Employee’s role Top tips Consider using informal flexible working arrangements, where appropriate, to keep things simple. Managers and employees should keep talking to help identify solutions or compromises, where appropriate, to accommodate flexible working. Acas resource Flexible working and work-life balance

6. Types of flexible working (1) Where you work Flexible working can refer to the location where the work is performed. This may not be suitable for your business area. Remote working - A flexible working arrangement where an employee works from a different location (can be home) to their normal place of work. Home working - A flexible working arrangement where an employee works from home for all or part of the week. This type of flexible working may be combined with others and may be either: occasional/regular - agreed at an employee’s request with their role still designated as office based a designated home working role – where the nature of the role requires an employee to work from home and their contract defines their place of work as their home. There is no automatic right to work from home but all employees may request a change to their working arrangements. Remote/home working is not suitable for all roles, for example, for customer facing work. With advances in technology, however, it is clear that it is appropriate for a growing number of roles and for elements of others. On occasion, managers may have to consider requests for working from a remote location or from home as a part of a workplace adjustment. Changes to your work location may also have pay implications. When you work Job sharing Further information Please refer to your departmental Workplace Adjustments policy Civil Service Learning resource for managers: Managing teams remotely Managing remotely: crib guide Acas resource: Homeworking: a guide for employers and employees

7. Types of flexible working (2) Where you work When you work Flexible working can refer to the hours that you work or your working pattern. Some popular types are outlined below but this list is not exhaustive: Part-time - Fewer hours than normally regarded as full-time hours for that employment. Part-year or term time working - Part-year working is a form of part-time working. Part-year workers are contracted for fewer than 365 days per year and have contractual periods of attendance and non-attendance. For example, periods of non-attendance are set periods such as schools holidays Staggered hours - This is a form of flexible working where employees begin and end work at different times throughout the day. Compressed hours - Standard working hours covered in fewer working days. One example is compressing the hours of a five-day working week into four working days. These types of flexible working may be combined with others. Job sharing Further information Civil Service Learning resource Time management

8. Types of flexible working (3) Where you work When you work Job sharing Job sharing/job splitting - An arrangement where a job is split between two or more employees who share the hours or tasks and responsibilities between them. Further information Guide to job sharing TheCivil Service Job Share Finderallows registered civil servants to find a job share partner.

9. Options for flexible working arrangements (1) Informal/occasional arrangements Informal flexible working is ideal if the change is occasional and has no impact on pay or allowance paid for location. However, if you are on London pay rates and work from home or at another office outside of the London pay area on a regular basis this may impact on your entitlement to London pay or allowances. Managers and employees should try to agree arrangements and put these in place quickly. These can then be changed or ended quickly if circumstances change. Managers should confirm, by email or in writing, any arrangements agreed orally. This helps avoid confusion and makes it clear that the arrangement is informal. Managers should continually review informal arrangements to assess the benefits and raise and address any concerns. From time to time, managers may require employees to change their hours or work and/or work additional hours at short notice to meet the needs of the business, e.g. holiday and sickness cover. Another informal arrangement may be the use of scheduling, whereby managers require an employee to work variable hours through scheduled start and finish times to meet forecasted business need. Business needs take priority and managers may not always be able to accommodate an employee’s preferred hours of work. Reasonable notice should be given when varying hours of work. Formal arrangements Temporary and trial periods Top tips Through discussion, managers and employees can identify the right arrangement for both the employee and the business. It may be that an informal or temporary arrangement is beneficial for both. To find the right arrangement, employees and managers should: consider the benefits for the individual, the team and the business look for an arrangement that has a clear focus on business outputs and also enables the employee to maintain and improve their work-life balance take into consideration any personal circumstances which may make it difficult for an employee to accept the request at short notice if required to work additional hours for a temporary period, managers should make employees aware of any eligibility for additional payments, time off in lieu or flexi time.

10. Options for flexible working arrangements (2) Informal/occasional arrangements Formal arrangements A formal arrangement may be appropriate where the employee wishes to make a statutory request or either party requires greater stability. All formal arrangements made as a result of a statutory requestwill require a change to the employee’s contract. However, you should be aware that you may not be able to review an arrangement agreed as a statutory request if the employee has agreed to it as part of their permanent contractual change.   All requests for formal arrangements must be made and decided in accordance with this guide to ensure that all legal requirements are met. Legally employees can make one statutory request to work flexibly in a 12-month period. However, the Department has discretion to allow further formal requests within any 12-month period if the request has been made under the departmental procedure. Temporary and trial periods Employee actions Requests must be submitted in writing and include: the application date the change in working pattern sought and proposed start date of the arrangement the impact of the requested change on the department, and how this might be dealt with a statement confirming whether it is a statutory request and, if so, when any previous statutory requests have been made. Manager actions Managers must: consider all formal requests promptly and in a reasonable manner consider and decide on requests within three months from the application date, unless an extension is mutually agreed ensure that any appeals are completed within the same three-month period retain all written requests and records of any decisions or appeals.

11. Options for flexible working arrangements (3) Informal/occasional arrangements Formal arrangements Temporary and trial periods A temporary flexible working arrangement may be agreed for a period of up to 12 months. Trial periods may also be used to see how well a proposed arrangement works for both the business and the employee before making a decision to agree to the formal working arrangement longer term. Top tips The three-month maximum period for processing the application may need to be extended to accommodate a trial. Flexible working arrangements should be regularly reviewed between manager and employee.

12. Manager’s responsibilities (1) Manager’s responsibilities Flexible working, particularly remote and home working, helps to promote a more adaptable and responsive culture. It encourages efficient use of our estate, attraction and retention of staff, and supports better business results. Some considerations to have are:  how the work will be arranged including the sort of work to be done how the employee will structure their time to complete work how they will take part in scheduled meetings i.e. if regular team meetings are scheduled for the employee’s non-working day how the employee and team will keep in touch if and when the employee will not be available and agreeing this in advance effective communication which may include greater use of IT solutions or telekits whether you need a minimum number of team members in the office and how you will manage this how often to discuss or review the working arrangement with the employee how to encourage team members to keep in touch with each other to discuss work issues and provide mutual support clarifying how the employee needs to report sickness absence. Performance management Health and well-being Keeping in touch Top tips for managing remote workers When managed well, remote and home working brings tangible business and employee benefits. This includes increased productivity and improved work-life balance. In managing remote working, you should: take account of business needs when considering requests to work remotely or from home support remote workers by keeping in touch ensure remote workers are effective and flexible and deliver the needs of the business make sure you are monitoring their work and managing their performance. review the arrangements with the employee on a regular basis. pay attention to the safety, health and well-being of the employee ensure those working remotely or from home are treated the same as those working in the office.

13. Manager’s responsibilities (2) Manager’s responsibilities Performance management To help employees that work flexibly or remotely to deliver their objectives successfully, consider how to:  • set key work objectives, which take into account the employee’s working pattern, and agree how their performance will be assessed and measured • have regular and meaningful performance discussions e.g. face to face or by telephone • deal with any issues with the employee’s performance promptly and in line with the Department’s performance management or managing poor performance procedures • take care of the employee’s development needs by ensuring equal access to opportunities. Probation If a probationer requests remote/home working, you should be mindful of the employee’s role and consider how you will monitor and mentor them. As 26 weeks continuous service is required to make a statutory request, this is unlikely to be applicable to probationers. Health and well-being Keeping in touch Further information Please refer to your departmental guidance and policies on: Performance Management Managing Poor Performance Remote/home working Managing designated home worker roles Probation Civil Service Learning resource Managing people: Planning and prioritising teamwork

14. Manager’s responsibilities (3) Manager’s responsibilities Performance management Health and well-being Make sure that flexible and remote workers know how to contact you in an emergency, and get support from colleagues. You need to be aware that:  it may be difficult to identify health conditions impacting on work and you should look out for signs of stress through the tone of emails and telephone calls remote or home working may not be suitable for the role and the individual, for example, where the employee is experiencing domestic violence feelings of isolation can be avoided by encouraging employees to maintain contact with the rest of the team e.g. via telephone or telekit discussions. remote workers should not work excessive hours or remain constantly on call and must maintain their work/life balance as with office-based staff, remote workers should be encouraged to take breaks and follow wider advice on healthy eating and physical activity. Keeping in touch Further information Please refer to your departmental policies and guidance on: Remote/Home Working Flexible Working Home working health and safety Managing Attendance Civil Service Learning resource Managing Change: Work-Life Balance Workbook

15. Manager’s responsibilities (4) Manager’s responsibilities Performance management Health and well-being Keeping in touch Keeping in touch is an integral part of successful flexible working. Managers should think about what they need to do to make this effective. Managers should think about how they will: agree keeping in touch arrangements, which may include the frequency and method of contact, before the employee starts working flexibly record up to date contact details for the employee and for their next of kin in case the employee cannot be contacted ensure the employee does not feel isolated e.g. by having career discussions and including them in invites to social events which involve the rest of the team review keeping in touch arrangements to ensure they are still working for both parties. Further information Please see any relevant departmental Keeping in Touch information.

16. Employee’s responsibilities (1) Employee’s responsibilities To make flexible or occasional/regular remote working effective, you should ensure good communication by: discussing and agreeing working arrangements with your manager, ensuring you structure your time to complete your work and are able to take part in scheduled meetings ensuring your team and your manager know when you are available ensuring you remain contactable during your agreed working hours and agreeing how you will keep in touch with your manager and other members of the team taking proactive steps to hold discussions with your manager, particularly if you are working remotely or from home on a regular basis. This will help you to build and maintain an effective working relationship making sure you have access to the Department’s intranet and email bulletins to keep up to date with news and events trying to let your manager or a colleague know if you feel stressed or isolated. To request a permanent remote or home working arrangement, please refer to the formal process for flexible working. Managing yourself Keeping yourself safe Top tips If you manage a team and work flexibly or remotely you should: • keep in touch with your team and have regular catch-ups • make sure they know you are available and how to contact you • refer to Civil Service Learning for remote working learning options. Keeping information safe

17. Employee’s responsibilities (2) Employee’s responsibilities Managing yourself It is important to manage yourself effectively when you are working flexibly or remotely by:  ensuring you agree realistic and achievable outputs with your manager, then recording and monitoring these minimising distractions by organising your time, keeping track of progress and setting yourself goals to stay motivated being clear about when you start and finish your working day, taking regular breaks from your computer screen in the usual way having formal childcare arrangements in place even when working from home. Expenses If you anticipate incurring expenses, you should first refer to the Department’s travel, expenses and subsistence policy. Be aware that spending a proportion of time or regularly carrying out duties at another location may have tax and National Insurance implications. Keeping yourself safe Further information Please refer to your departmental policies on: Working Time Regulations Travel, expenses and subsistence Civil Service Learning resource Time Management Managing Self: Work/life balance and stress Keeping information safe

18. Employee’s responsibilities (3) Employee’s responsibilities Managing yourself Keeping yourself safe As an employee, you have a duty to take reasonable care of your own health and safety and that of anyone who might be affected by your actions. If you are remote working, you should behave in the same way, and take into account the same considerations, as in your office. In particular you should ensure that you: • keep your health and safety training up-to-date and know how to safely use any equipment you have been provided with • take rest breaks and breaks away from the computer screen in accordance with departmental requirements • maintain good housekeeping within your designated work area to reduce the risk of accidents and fires • arrange equipment with cables covered and out of the way so that no one will trip over them • do not overload sockets; a laptop alone will not normally overload a normal 13A electrical supply • keep IT equipment away from sources of water and ensure adequate ventilation away from direct sunlight and heaters • provide that heavy items are well supported and placed near a wall. • Complete the Home Working Health and Safety Checklist to ensure you have considered any potential risks from working at home. Keeping information safe Further information Please refer to your departmental Home Working Health and Safety Checklist Civil Service Learning resource Wellbeing, resilience and stress

19. Employee’s responsibilities (4) Employee’s responsibilities Managing yourself Keeping yourself safe When working flexibly or remotely, you should protect Information to the same standard as in the office by following the Department’s rules on IT security including the use of personal IT devices. Make sure that you:  • access shared filing wherever possible, saving work on the network rather than your laptop • consider what safe storage is required and securely store protectively marked documents at the end of your working period • ensure you are discreet and your conversations cannot be overheard when making calls away from the office. Telephone calls can be made within the UK to discuss up to and including OFFICIAL level. • bring back protectively marked information requiring secure disposal to the office • keep any passwords, security passes or fobs separate from the laptop to reduce the risk of a serious security breach by of losing these items together.  If you are working remotely or from home and handling information or data with a higher protective marking than OFFICIAL, you should seek guidance from the Department’s Security Unit (DSU). Further information Please refer to your departmental security policies. Civil Service Learning resource Information management Keeping information safe

20. Managing requests for flexible working Competing or multiple requests, approving and refusing requests Reviewing and terminating arrangements Appeals

21. Competing or multiple requests, approving and refusing requests (1) Competing and multiple requests As a manager, when dealing with a number of requests, you should: consider whether the request is being made under the statutory regime which will result in a change to terms and conditions if agreed unless it is a new informal agreement consider each one individually against the known business position at the time it is received make decisions on an objective and justifiable basis, not on which case you feel is more deserving seek advice from HR regarding the possible effect of refusing or rejecting an application from those employees with disabilities, parental or other caring responsibilities. Approving formal requests Refusing formal requests Top tips To follow an objective process and remain fair and non-discriminatory, you should: review each new flexible working request in order of date and time received consider the consequence of approving one request instead of another set out the evidence clearly to support any decisions consider alternative forms of leave that could be used. Further Information Civil Service Learning resource Managing People: Managing team conflict crib guide Decision-making

22. Competing or multiple requests, approving and refusing requests (2) Competing and multiple requests Approving formal request When approving a request, you should: communicate your decision to approve the request in writing including: the agreed start date any changes to the employee’s terms and conditions the review date(s) or end date (whichever is applicable - both in some cases) take the necessary action to notify HR/Payroll or shared services about the new working pattern/arrangements. Refusing formal requests Top tips Employees can legally make one statutory request to work flexibly in a 12-month period. You have discretion to allow further formal requests within this period if these are made under departmental procedures. Managers and employees are encouraged to discuss the employee’s requirements to help identify the right arrangement for them and the business. In many instances, an informal or temporary arrangement may be beneficial for both. Further Information Civil Service Learning resource Decision-making

23. Competing or multiple requests, approving and refusing requests (3) Competing and multiple requests Approving formal requests Refusing formal requests If you consider a new formal flexible working request unsuitable and decide it can no longer continue, it can only be refused for one of eight business reasons set out in the ACAS Code of Practice as follows. It imposes a cost burden e.g. significant expenditure on IT or shift allowances. It is not possible to reorganise work between other staff e.g. the employee may have specific skills, or there may not be the capacity on the team to absorb the extra work. It is not possible to recruit additional staff e.g. if there is a recruitment freeze. It will affect delivery and quality. It will affect performance e.g. insufficient time to complete objectives or where health and safety obligations cannot be reasonably met. It will affect customer service e.g. the requested pattern does not fit with activity ‘peaks’. There is insufficient work when the employee wants to work. There is a planned structural change. Top tips Ensure that you can objectively justify your decision so that you do not indirectly discriminate against particular employees with a protected characteristic. Always be clear about the reason(s) for turning down a formal request, and support your decision with a concise and accurate explanation in writing to the employee. Be aware of the impact on the individual - are there any alternative arrangements that you could discuss? Further Information Civil Service Learning resource Dealing with difficult situations

24. Reviewing and terminating arrangements (1) Reviewing arrangements You should: review flexible working arrangements annually. However, any changes made as a result of a statutory request will result in a permanent contractual change (unless it is a new informal agreement) and, if so, will require the employee’s agreement in order to change them agree reviews of contractual arrangements with the employee from the outset, confirming this in writing consider adjusting the employee's working pattern, if necessary, to meet business needs if they do not engage with the review process. Terminating arrangements Top tips Make sure that you give an employee a reasonable amount of time for them to make any alternative arrangements. Informal flexible working arrangements are easier to change.

25. Reviewing and terminating arrangements (2) Reviewing arrangements Terminating arrangements In the case of an informal arrangement, you shouldreserve the discretion to change the arrangements in the written agreement with the employee and canrequest that the employee alter an informal arrangement to meet the needs of the business. In the case of a formal arrangement made as a result of a statutory request that has resulted in a change to the employee’s terns and conditions, any changes to the arrangement will need to be agreed with the employee. Top tip Further information Civil Service Learning resource Engaging People with Change Make sure that you give an employee a reasonable amount of time for them to make any alternative arrangements.

26. Appeals If you have refused the employee’s formal flexible working request, try to informally resolve any concerns the employee may have. Where a disagreement cannot be resolved informally, the employee can appeal using the normal grievance process. This must either be on the basis that the application was not handled in line with the Department's flexible working policy or if there is new information which was not available to their manager at the time of their original application. The appeal should be handled within the three-month period for processing the request unless an extension is agreed. If an employee fails to attend an appeal meeting and a re-arranged meeting without good reason, the request may be considered withdrawn and the employee must be informed. Further information Please refer to you departmental grievance guidance.

27. Legacy flexible working arrangements- Manager’s guide Introduction How to change legacy flexible working arrangements Informally resolving an issue Formally resolving an issue

28. Introduction (1) What are legacy flexible working arrangements? Legacy flexible working arrangements are those that have remained in place without the required regular reviews. Over time, the combination of working patterns in place may restrict business flexibility and delivery. The information in this section provides a guide to understanding the contractual status of legacy arrangements and how they may be changed, but you will be likely to work closely with HR on any actions. Whether or not a working arrangement is contractual determines the approach to making a possible change. You may be uncertain about the contractual status of an employee’s agreement and whether it can be changed. However, regardless of contractual status, you are entitled to discuss changes with an employee. They may be open to changes even where they have a contractual right to the arrangement. The flowchart in the next slide will help you decided if the arrangement is contractual. Top tips If the required change affects a number of employees, consider raising it at a team meeting. This approach will give you the opportunity to explain the business reasons for the change and answer any questions. Where a flexible working arrangement is in place because of a reasonable adjustment connected to an employee’s disability, you should seek further advice from HR before making any change. You should encourage open dialogue whilst respecting confidentially around the particular reasons for individual arrangements.

29. Flow Chart - Understanding the contractual status of existing agreements Working through this flowchart will help shape the discussion between the manager and employee Is there a specific agreement in place (an ‘express’ term – written or verbal)? ← YES NO → This will provide evidence the employee’s flexible working arrangement is contractual. Changes to the employee’s working arrangements will need to be made in accordance with the terms of the contract or by mutual agreement. Where there is no evidence of the arrangement having been specifically agreed/documented – there are two possible scenarios: Implied term Where there is a specific, long-standing working practice, this may mean a contractual arrangement is implied by custom and practice which is legally binding on both parties. You can discuss a change in working arrangements with the employee and try to secure their agreement. You may need to seek HR or legal advice. No contractual arrangement exists This may make a change in working arrangements more straightforward. You could simply have a conversation with the employee, outlining the business need and request them to change their working arrangement. This change can effectively take place without consent but you should always act reasonably and try to secure the employee’s agreement.

30. How to change legacy flexible working arrangements (1) Overall approach An employee’s working arrangements may potentially need to be changed where: one or more existing flexible working arrangements negatively impacts business delivery, and/or a change in business priorities impacts all employees requiring the business or service to be delivered differently. Individual circumstances must be taken into account when considering how appropriate and reasonable it would be to enforce a change. Decisions to change working arrangements must be based on clear, justifiable business needs. Managers and employees should understand both immediate and future business priorities and how these relate to wider organisational aims. Remember that regardless of the type of arrangement in place, managers can discuss it with the employee. They may agree to a change even if their current arrangement is contractual. Key actions Further considerations Top tip Seek further advice from HR before any change is made to a flexible working arrangement in place because of a reasonable adjustment connected to an employee’s disability.

31. How to change legacy flexible working arrangements (2) Overall approach Key actions Managers should follow these action points before taking steps to change an employee’s working arrangements. Develop an evidence-based business case for change. Determine the contractual status of employees’ working arrangements with support from HR, as needed. Be clear on the differences between the informal and formal approaches and which one to use in each case. Meet with the employee, as a successful discussion will result from shared understanding of the desired business outcomes. Prepare the employee by outlining the purpose of the discussion verbally or by email before the meeting. Make objective decisions based on business need and consider how any proposed change in working arrangements will affect individuals. Keep a note of the discussion and the details of any agreement reached. Further considerations Top tips Engage employees on the business issue and their role in helping to find a solution. Be reasonable, but firm. Discuss issues openly. It may be possible to find a mutually acceptable solution. Stick to the facts. Discuss the impact that existing flexible working arrangements are having on the business rather than direct the issue at the person. Use specific examples to back up the discussion and provide context.

32. How to change legacy flexible working arrangements (3) Overall approach Key actions Further considerations Do not assume that employees will always be reluctant to change. Informal discussions allow options to be explored. Consider engaging with the wider team to seek solutions, set clear expectations and promote flexibility. Be sensitive to the fact that employees’ working arrangements may be due to personal circumstances and be important to their quality of life. Consider the impact on individuals but remain objective about any personal preferences. The clear and justifiable business case is crucially important in supporting any discussions. What about custom and practice? It is difficult to establish whethercustom and practice will amount to an implied contractual term which forms part of terms and conditions of employment. An employee may believe that working a particular pattern for a number of years overrides an express contractual term. You should take advice from HR if an employee puts forward a special reason as to why they are entitled to stick to their normal hours. Top tips The permitted eight reasons for refusing a flexible working request provide a useful framework for considering the business impacts of existing working arrangements. Embarking on a change process that has the potential to affect individuals at a personal level creates certain risks. You should work with HR to consider and mitigate risks. Timing is important – pick a time when employees are more likely to be receptive, for instance, not immediately before a crucial deadline. Make sure the discussions are confidential where appropriate and carried out within an environment that offers the appropriate level of privacy. Engage employees on the business issue and their role in helping to find a solution. Be reasonable, but firm. Discuss issues openly. It may be possible to find a mutually acceptable solution.

33. Informally resolving an issue Informally resolving an issue Taking an informal approach may be appropriate where: changes are small-scale and can be made quickly with minimal disruption to employees and the business joint ownership of problem-solving is encouraged and positive promotion of flexibility is the norm an open culture exists and employees are more likely to be receptive to change. Once a business case for change is established, you can hold an informal team meeting seeking volunteers to change their working arrangements. Separate meetings should be arranged where employees want to speak in private. Employees will need time to reflect on personal concerns, business issues and options. New working arrangements are subject to regular reviews. It is essential that employees understand what this means before discussions take place. Bear in mind that any agreed change will be a permanent change to their contractual terms and conditions unless it is a new informal agreement. Top tips Encourage the team to work together and find solutions to promote joint ownership. If each team member can agree to a slight adjustment, this may mean no wider change is necessary and each employee can keep most of their preferred arrangement. It may be that the need is a temporary one and the team can agree to some temporary changes to their working arrangements. Further information Please refer to your departmental Flexible Working Policy

34. Formally resolving an issue (1) Overall approach Taking a formal approach is necessary when: employees do not voluntarily agree to change their working arrangements following informal discussions, and/or there are significant gaps in service delivery or other business aspects due to lack of employees volunteering, and/or the problem is large scale including whole teams or divisions and an informal approach is not appropriate. As with the informal approach, the first step is to establish a business case and plan for sign off and an assessment of risks. You may need a project board or steering group to help promote a project management approach. You should engage with theDTUS and/or workforce planning groups where they already exist. You should consult with employees. Managers should ensure employees are given reasonable notice of the change. While there is no set period of reasonable notice to vary an employee’s terms and conditions you should take into account the impact of the change on the employee. Actions required Employees agree Employees disagree Top tip Before any discussion, be clear on the business reasons for following the formal process. This is essential for an evidence-based discussion and ensures a fair and objective process. Further information Please refer to your departmental Flexible Working Policy Civil Service Learning resource Project delivery

35. Formally resolving an issue (2) Overall approach Actions required Consider arranging one-to-one meetings with employees to discuss specific issues created by existing working arrangements and the scope for change. A colleague or DTUS representative can accompany employees, if requested. Undertake further gap analysis following the first formal one-to-one or team meetings. Base the business case on clear evidence and ensure it is justifiable. You will need to work with HR to undertake a risk assessment and identify the employees who will be required to change their working arrangements. The amount of notice that managers give an employee for a change with little impact is likely to be shorter than that given for a significant change e.g. a slight change to hours which has minimal impact on an employee may be communicated to them at short notice. Managers must seek advice from HR before any decision is made to implement new working arrangements without the agreement of employees. This is always the very last resort and should only be done where all other options have been discounted. Before any discussion, be clear on the business reasons for following the formal process. This is essential for an evidence-based discussion and ensures a fair and objective process. Employees agree Employees disagree Top tip Personal circumstances that could affect the amount of notice managers give before implementing a change include: childcare or other caring obligations reasonable adjustments for staff with a disability children who may be at a key stage in their schooling availability of public transport. Further information Please refer to your departmental Flexible Working Policy

36. Formally resolving an issue (3) Overall approach Actions required Employees agree Notify HR where employees agree to the change, so that records are updated. New arrangements are subject to regular reviews and you must ensure that employees understand this. Employees disagree Top tip Before any discussion, be clear on the business reasons for following the formal process. This is essential for an evidence-based discussion and ensures a fair and objective process. Further information Please refer to your departmental Flexible Working Policy

37. Formally resolving an issue (4) Overall approach Actions required Employees agree Employees disagree If employees do not agree to the written request, next steps will depend on whether or not their existing terms and conditions allow for variation of existing working arrangements. Seek advice from HR on your options. You and the employee should try and informally resolve the employee’s concerns. Appeals If the disagreement cannot be resolved informally and a variation to the existing working arrangements is imposed, the employee can appeal using the normal grievance process. Top tip Before any discussion, be clear on the business reasons for following the formal process. This is essential for an evidence-based discussion and ensures a fair and objective process. Further information Please refer to your departmental Flexible Working Policy Civil Service Learning resource Engaging people with change