SPORTSCOTLAND HUMAN RESOURCES TOOLKIT FLEXIBLE WORKING 10 INTRODUCTION 1

CODE OF CONDUCT FOR MEMBERS OF SPORTSCOTLAND OCTOBER 2014
GROUP 261 SCOTTISH MENTAL HEALTH CHARTER – SPORTSCOTLAND ACTION
NONPROTECTED SPORTSCOTLAND HUMAN RESOURCES TOOLKIT DEATH IN SERVICE 10

NONPROTECTED SPORTSCOTLAND HUMAN RESOURCES TOOLKIT DISCLOSURE 1 INTRODUCTION 11
NONPROTECTED SPORTSCOTLAND HUMAN RESOURCES TOOLKIT VARIATION TO INDIVIDUAL TERMS
SPORTSCOTLAND COUNCIL MEETING MINUTES OF THE COUNCIL BOARD

Flexible Working.doc

sportscotland

Human Resources Toolkit

Flexible Working

1.0 Introduction

sportscotland acknowledges that flexible working arrangements can increase employee motivation, build better working relationships, increase staff retention, reduce absenteeism, attract new talent and promote work-life balance. In doing so employee productivity and effectiveness will improve. Such arrangements can enable employees to balance working life with other priorities including parental and other caring responsibilities, life-long learning, charity work, leisure activities and other interests.

1.2 sportscotland recognises that staffing levels must at all times remain aligned with the needs of the business.

2.0 Scope of Policy

2.1 sportscotland is committed to considering all applications for flexible working regardless of whether or not employees have the statutory right to make an application. There is, however, no automatic right to benefit from flexible working arrangements and any decision made will be based on business needs.

This policy applies to all sportscotland employees and covers applications for:

Part-time Work
Job-Sharing
Compressed Working Hours
Remote Working
Career Breaks and/or Sabbaticals. Also see Time Off Policy and Career Breaks Policy.

This policy will cover flexible working applications which request a change to:

hours of work
start and finish times of work
work location.

2.4 sportscotland’s policy is to:

meet key business needs

ensure all employees have the provision to apply for a flexible working arrangement once in every 12 month period

ensure no one is discriminated against on any grounds throughout the flexible working application process or whilst working a flexible working pattern

support all employees across all sportscotland sites

enable closer and more collaborative working with partner organisations at sites remote to sportscotland’s HQ.

ensure all staff and sites are equipped with the appropriate equipment to facilitate mobile working/hot desking.

This policy should be read in conjunction with the following policies/guidelines:

Astrow Guidelines (if applicable)
Career Break Policy
Pay Policy
Time Off Policy
Variation to Terms and Conditions Policy

3.0 Guidelines / Procedure

3.1 The Flexible Working Policy allows sportscotland employees to apply no more than once every 12 months.

3.2 The application can request a change (either for a fixed term or on a permanent basis) to:

working hours
working time i.e. start and finish times
work location.

3.3 Flexible working arrangements will normally be in place for a minimum of 12 months. Employees can review and request to amend the original flexible working arrangement once within the first 12 months of the arrangement starting. Resolutions may include further adaptations to the flexible working arrangements.

FLEXIBLE WORKING OPTIONS

3.4 Subject to business needs, and in consultation with the HR Business Partner, Line Managers can consider applications for the following types of flexible working:

Part-time work

3.5 This is when an employee is contracted to work less than the normal full time number of hours per week i.e. 37. This can be either on the basis of a reduced number of days or on a five day week, reduced hours basis (e.g. to fit in with school hours).

3.6 The benefits to employees are:

they can fit paid work around childcare and other commitments
it allows them to become accustomed to increased leisure time such as in the run-up to retirement.

3.7 The benefits to sportscotland are:

this can be used to retain the skills of female employees after maternity leave
key knowledge and skills can be retained to allow for succession planning.

3.8 Key points to consider are:

reduced pay may not make it feasible for all employees
there must be no less favourable treatment of part-time workers

overtime rates will be payable only when employees have worked beyond the normal full-time contractual hours for the position (Job Family 1 only – see Pay Policy for more information).

Job-Sharing

3.9 This is when two (or more) employees share the responsibility for one role. Pay and benefits are shared in proportion to the number of hours worked by each employee.

3.10 The success of job-sharing depends upon the willingness of the job-sharers to co-ordinate their work and to collaborate to ensure that the whole job is done. The job-sharers will work closely together to share the full range of duties related to the post they hold jointly.

3.11 Job-sharing may be permitted in any practicable way which satisfies the needs of the business e.g.:

shared day
shared week
alternate week (normally mid-week to mid-week)
alternate days.

3.12 The benefits to employees are:

flexibility to permit more time for caring responsibilities or other commitments
working at regular, defined times, permitting arrangements in their free time to be made in advance
facilitation of a phased retirement.

3.13 The benefits to sportscotland are:

two employees are likely to bring increased skills and expertise to the position
peak periods of demand can be covered by hours when the two employees work simultaneously.

3.14 Key points to consider are:

potential increased costs resulting from training, overlap time and equipment where it cannot be shared
the arrangement is likely to be unsuccessful unless regular communication and handovers take place between the employees
account must be taken of what happens if one employee leaves
additional demands on Line Managers by having additional employees to manage
the impact of prolonged sickness, absence or an issue with conduct on the other employee in the arrangement.

Compressed Hours

3.15 This is when the number of hours an employee works is compressed into fewer days i.e. 37 hours per week over 4 instead of 5 days.

3.16 The benefits to employees are:

extra time i.e. day per week/fortnight is freed up for an employee to pursue a hobby, further education or spend time with dependants
no reduction in pay.

3.17 The benefits to sportscotland are:

quiet periods of work can be used more effectively if the employee's time off is arranged to coincide with them
cover can be extended beyond the normal hours of work.

3.18 Key points to consider are:

working long hours can cause fatigue and affect performance, cancelling out the advantages of this option
where cover has been extended by longer hours, consideration needs to be given to what will happen if the employee no longer wants to continue with the arrangement
where more than one employee within a team wishes to work compressed hours then a rota may be necessary to ensure fairness. Some days (usually a Monday and Friday) will be more popular choices for time off.

Remote Working

3.19 This is when employees work from a different location(s) within the sportscotland estate or working from home. This is also known as mobile working or hot desking.

Home-working is only permitted where the role allows or to facilitate specific tasks to be carried out.

3.20 The benefits to employees are:

travel time and costs are reduced, often resulting in a reduction in stress
the ability to start work earlier as a result of a shorter commute to work.

3.21 The benefits to sportscotland are:

a wider catchment area for recruitment is created
employees who move out of the immediate vicinity of the HQ may be retained
productivity can be increased by reducing working time lost to traffic jams and train and bus delays
employees who do not have to commute to work may start their working day more mentally alert.

3.22 Key points to consider are:

a higher degree of trust may need to be placed in the employee as direct supervision of their activities will no longer be possible
employee motivation may be an issue
the employee may begin to feel isolated and out of touch with the workplace and the rest of the team
communication may deteriorate, particularly if the employee rarely visits their base of work
the impact of the employee's absence from the workplace on other employees in the team should be considered.

Career Break / Sabbaticals

3.23 These are when an employee has an extended period of time away from paid work and are dealt with on a case by case basis. Generally applications for either a career break and/or sabbatical will be supported, however, there is no guarantee that the employee will be able to return to the same or similar role at the end of the period of leave.

Further details and guidance can be found in the sportscotland Career Breaks Policy. To apply for a career break, please complete the Career Break Application form found in the Career Breaks Policy.

3.24 The benefits to employees are:

they have an extended period of time away from the workplace to study, spend time with dependants, carry out voluntary work or perhaps travel abroad
a career break can be used as an opportunity for personal development.

3.25 The benefits to sportscotland are:

the employee's skills are retained in the longer term
new ideas and extra skills, motivation and enthusiasm may result from the employee's period of time away from the workplace
while the possibility of a career break to look after young children may be particularly attractive to female employees, career breaks can also be used to attract, motivate and retain other sectors of the workforce, for example those who missed out on a 'gap year' of travel between school and university.

3.26 Key points to consider are:

lack of pay over the career break period is likely to limit the number of employees for whom this will be an option
a replacement may have to be found for the employee in their absence or the workload divided between the remaining team/colleagues
the employees status during the career break and the impact of the break on their continuity of service, pension and other conditions of service must be made clear
time away from the workplace can lead to a loss of skills or confidence
a period of induction and/or retraining may be necessary on the employee’s return
some means of keeping the employee informed about important developments in the workplace or field of work should be considered

APPLICATION PROCEDURE

3.27 If employees wish to make a Flexible Working application, or amend their current Flexible Working arrangements, the request should initially be discussed with their Line Manager covering the following points:

details of current working arrangements
details of proposed working arrangements
impact of new proposed working arrangements on role and other employees i.e. who would be affected by the change
how the proposed working arrangements can be accommodated and when the proposed change is to take effect from
how long the arrangement is to be in place for i.e. permanently, six months etc.

3.28 Following this discussion the employee must submit their application, in writing, using the template provided in Appendix 1. This application must be submitted no less than 8 weeks before the individual wishes the flexible working arrangement to commence and should include the information detailed above. Once completed, this form should be passed to the employee’s Line Manager for consideration.

3.30 A meeting will be held between the employee and Line Manager to discuss the application in greater detail, as well as any issues it raises for the business, any potential trial periods and any compromises required. This will be held within 28 days of receipt of the application.

3.31 Employees have the right to be accompanied to the meeting by a work colleague or trade union representative, if they wish. However, it is the employee’s responsibility to make such arrangements.

3.32 Following the meeting, and after due consideration of the application, the line manager will forward the completed Flexible Working Application form to HR.

If the Flexible Working application is approved, the line manger will also send a completed Variation to Contract form to HR. The employee will be notified in writing of the outcome of their application within 14 days of the meeting. The notification will either:

approve the application and establish a start date and any other action

confirm a compromise agreed at the meeting

decline the application and set out clear business reasons for the rejection together with notification of the appeals process

SUPPORTING AN APPLICATION

3.33 Where an instance of flexible working is proposed, Line Managers will need to take into account a number of criteria including but not limited to:

the cost of the proposed arrangement
the effect of the proposed arrangement on other employees
the level of supervision that the post-holder requires
the structure of the department and resources
other issues specific to the employee’s team
an analysis of the tasks specific to the role, including their frequency and duration
an analysis of the workload of the role.

3.34 It may be permissible to approve a flexible working application on a trial basis to ensure there is no impact on business needs.

3.35 Flexible working arrangements will normally be in place for a minimum of 12 months.

The business has the right to review flexible working arrangements at any time to ensure the arrangements still meet the needs of the business.

3.36 Should the needs of the business change or the arrangement proves problematic then a review will take place with a view to resolving any issues. Resolution may include further changes to flexible working arrangements.

A Variation to Contract Form should be completed where a change to the original arrangement needs to be made (See Variation to Terms and Conditions Policy).

Further support and guidance is available from your HR Business Partner.

REASONS WHY AN APPLICATION MIGHT BE DECLINED

3.36 The permissible business reasons for which sportscotland can decline a flexible working application include, but are not limited to:

burden of additional costs to the business
impact on colleagues
inability to organise work within available staffing
detrimental impact on quality
detrimental impact on performance
health and safety issues (e.g. lone working)
inability to find extra staff
other reasons that sportscotland is required to specify.

Further support and guidance is available from the HR Business Partner.

APPEALS PROCESS

3.37 If employees are unhappy with the outcome of their flexible working application, details of the appeals process can be found at Section 5 of the HR Toolkit.

TIMESCALES

3.38 sportscotland is committed to ensuring there are no excessive delays in dealing with flexible working applications.

3.39 Due time and consideration will be given to all flexible working applications, however, as general guidance the following timescales should be followed:

Acknowledgement of application 5 Working Days

Meeting arranged to discuss application 28 Days of receipt of application

Notification of the outcome of application 14 Days of the date of the meeting

NB: The overall application process may take 12 – 14 weeks.

RECORD KEEPING

3.40 It is important that all parties keep clear, written records of any flexible working applications made. sportscotland’s records will include:

details of the application, including the date it was made, and any previous applications
details of the outcome of the application
the reasons for the outcome
details of any appeal and the appeal outcome
relevant subsequent developments.

3.41 These records will be treated as confidential and kept in accordance with the Data Protection Act 1998.

3.42 Paper records will be maintained in secure surroundings by HR.

RESPONSIBILITIES

3.43 Employees have a responsibility to:

provide as much information as possible within their flexible working application
consider the affects their application will have on their role, team and the organisation
consider alternative options
consider a trial period to see the impact of the application.

Line Managers have a responsibility to:

consider all applications on an individual basis
consider the impact an application will have on their team, colleagues and the organisation
consider alternative options
consider a trial period to see the impact of the application.

3.45 HR will monitor the implementation of this policy and will provide professional advice and support to employees on policy and process.

4.0 Compliance

4.1 Employees who do not support this policy and procedure may be subject to disciplinary action.

4.2 Compliance with this policy will be monitored by the Senior Management Team.

5.1 Flexible Working Application Flow Chart

Complete Flexible Working Application

Submit to Line Manager

SPORTSCOTLAND HUMAN RESOURCES TOOLKIT FLEXIBLE WORKING 10 INTRODUCTION 1

Meeting with Line Manager to discuss application

Meeting held with Line Manager

SPORTSCOTLAND HUMAN RESOURCES TOOLKIT FLEXIBLE WORKING 10 INTRODUCTION 1 (Within 28 days)

(Outcome with 14 days)

If outcome unsatisfactory, appeals process

only initiated if made in writing

APPEAL Process

(Final Outcome)
ppeal Hearing

Appeals Officer Appointed by HR

(Within 14 days)

6.0 Associated Documents

6.1 APPENDIX 1 - FLEXIBLE WORKING APPLICATION FORM

Please refer to the sportscotland Flexible Working Policy and Variation to Terms and Conditions Policy prior to completing this form.

In order to avoid any delay in the process and to ensure your application is valid, please answer all the questions and provide as much information as you can about your desired working pattern. Once you have completed the form, you should immediately forward it to your Line Manager (keep a copy for your own records).

1. Personal Details

Name: Job Title:

Reports to: Department:

2. Reason for Request New Request / Review of Current Flexible Arrangements
(delete as appropriate)

Describe why you request this change:

3. Working Pattern Details

Describe your current working pattern (days/hours/times):

Describe the new working pattern you require (days/hours/times):

When would you like this working pattern to commence:

4. Impact of the new working pattern

What colleagues/stakeholders/customers could be affected by your change in working pattern:

5. Accommodating the new working pattern.

I think the effect of my new working pattern on sportscotland and my colleagues can be accommodated as follows:

I confirm that I have/have not* made previous applications to change my working arrangements.

(*delete as appropriate)

If you have made a previous application, please provide details including dates:

Employee

Signed: ………………………………………………… Date: ……………………………………

Your completed form should be passed to your Line Manager no less than 8 weeks before the proposed flexible working arrangement start date.

Line Manager

Application Approved* / Application Declined** (delete as appropriate)

Signed: ………………………………………………… Date: ……………………………………

* If the application is approved, attach a completed Variation to Contract Form to the Flexible Working Application before forwarding to HR.

** If the application is declined, attach a separate sheet outlining specific business reasons for declining the application before forwarding to HR.

sportscotland HR Toolkit – Flexible Working Policy

Last Reviewed September 2014 – Version 0.3

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