Flexible Working Policy v1

Mountain Healthcare Limited
Flexible Working Policy
Version 1.3
Name of responsible (ratifying) committee MHL Board
Date ratified 20/05/2019
Document Management HR Team
Date issued 18/05/2021
Review date 13/05/2022
Electronic location http://www.mountainhealthcare.co.uk/staff-portal.html

Version Valid From Valid To Reason for Change Advised by
No.
1.0 01/07/2015 30/06/2017
1.1 01/06/2017 01/06/2019 Review N Green
1.2 01/06/2019 01/06/2021 Review N Green
1.3 13/05/2021 13/05/2022 Policy Updates T Lewis
Title: Flexible Working Policy Version: 1.3 Date issued: May 2021 No Pages: Page 2 of 17
Registered in England
Number 05578727
Contents
Contents .............................................................................................................................................................. 3
1 Introduction ................................................................................................................................................ 4
2 Purpose ....................................................................................................................................................... 4
3 Roles and Responsibilities ........................................................................................................................... 4
4 Types of Flexible Working ........................................................................................................................... 5
5 Process for requesting a change in working hours ..................................................................................... 5
5.2 Flexible Working Request form ................................................................................................................... 5
5.3 Meeting with Line Manager ........................................................................................................................ 6
6 Consideration and Decision......................................................................................................................... 6
6.2 Business agreement .................................................................................................................................... 7
6.3 Decision to agree request ........................................................................................................................... 7
6.4 Trial Periods................................................................................................................................................. 7
6.5 Decision to turn down request.................................................................................................................... 8
7 Management request to alter working arrangements ............................................................................... 8
7.1 Temporary/urgent request to alter arrangements ..................................................................................... 8
7.2 Permanent/long term changes in working patterns ................................................................................... 9
8 Appeal ......................................................................................................................................................... 9
9 Annual Leave Arrangements ....................................................................................................................... 9
10 Implementation including training and awareness .................................................................................... 9
Appendix A - Procedural Flowchart................................................................................................................... 10
APPENDIX B – Flexible Working Request Form ................................................................................................. 11
APPENDIX C – Model Letter: Agreement to Request ........................................................................................ 15
APPENDIX D – Model Letter: trial Period for Flexible Working Arrangement .................................................. 16
APPENDIX E – Model Letter: Flexible Working Request Declined .................................................................... 17
Number 05578727
1 Introduction
1.1 The Flexible Working Policy exists to make access to flexible working arrangements available
to all employees regardless of personal circumstances. A request for a change in working
hours may arise for a variety of reasons.
2 Purpose
2.1 The Flexible Working (Eligibility Complaints and Remedies) (Amendment) Regulations 2009
gives males and female employees who have worked for their employer for 26 weeks and
have children the age of 16 or under (or 18 if the child is disabled) or carers of adults, the
right to ask their employer to consider a change to their terms and conditions of
employment in relation to:
• The hours they work

• The times they are required to work
• The place at which they are required to work
2.2 Although the statutory provision to make and properly consider such requests relates only
to the carers referred to above, Mountain Healthcare Limited is committed to do its upmost
to assist all employees to work hours that suit both the service and individual needs. The
effect on the service must be fully considered and account must be taken of the impact on
client/service needs and on other staff. Mountain Healthcare Limited has a duty to seriously
consider each request on its own merit taking into account both the service need as
mentioned above and the reasons for the request for flexible working. Where it is not
possible for a request to be granted, the reason given will be based on criteria set out in the
legislation.
2.3 In the spirit of equality, Managers are encouraged to look at flexible working requests
positively.
2.4 Managers must also be mindful of Mountain Healthcare Limited Equal Opportunities Policy
and relevant discrimination legislation.
3 Roles and Responsibilities
3.1 This policy covers all staff of Mountain Healthcare Limited.
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3.2 It is the responsibility of the Manager of each facility to ensure relevant employees are
made aware of this policy.
4 Types of Flexible Working
4.1 Mountain Healthcare Limited recognises that each individual employee has different
work/life balances and identifies with the need to develop a flexible approach to work.
Although Mountain Healthcare Limited recognises the need to become more flexible, this
can only be achieved in balance with the needs of the service. All jobs should be considered
for flexible working unless there is a clear and demonstrable operational reason why this
cannot be achievable.
4.2 Types of flexible working include:
• Annualised Hours
• Compressed Hours
• Job Share
• Working from Home
• Part Time Working
• Term Time Working
• Agile Working
This list is not exhaustive
4.3 Where staff are increasing or decreasing their hours on a permanent basis, employees have
no automatic right to revert back to their previous hours. In this instance, the finance
department needs to be aware to ensure employees are paid correctly and amendments to
their contracts.
5 Process for requesting a change in working hours
5.1 A flowchart is provided in Appendix A, request form in Appendix B, model letters in

Appendices C, D and E.
5.2 Flexible Working Request form

5.2.1 Employees who wish to alter their working hours by either reducing or changing the pattern
of their work should complete the Flexible Working Request form (Appendix B). The form
requests information from the employee on how their proposals meets the needs of the
service and how, if necessary, work is to be reallocated. Where the proposed change results
Number 05578727
in an increase or reduction of weekly working hours, the amount displayed should be
presented in hours, rather than shifts (per week).
5.3 Meeting with Line Manager

5.3.1 Once the line manager(s) is in receipt of the request form, they should confirm receipt of
the application in writing as soon as possible, and arrange a meeting with the employee
within 28 days to discuss the request for the change and to consider the ideas detailed in
the Flexible Working Request form.
5.3.2 The meeting should also include a discussion about the contractual issues: i.e. hours,
minimum unpaid breaks where an employee works in excess of six continuous hours (in line
with the Working Time Regulations), health and safety issues, training requirements,
changes to annual leave entitlement and any other terms and conditions likely to be
affected following the proposed change. The employee does not have the right to be
represented at the meeting by a Trade Union Representative or workplace colleague.
However, this does not prevent the employee from taking advice from a Trade Union
Representative. Further advice can be obtained from HR.
5.3.3 If the employee is unable to make the first scheduled meeting, another meeting should be
scheduled within seven days. If the employee fails to attend the meeting on more than one
occasion without a reasonable explanation, then the application will be considered to be
withdrawn.
5.3.4 It is also important that where the change involves a reduction in total hours worked and
therefore pay, the member of staff should consult an Independent Pensions Advisor to
discuss any implications for their pension arrangements due to the changes in their hours
and pay.
6 Consideration and Decision
6.1 Consideration – each request must be approached in a fair and objective manner. The
manager must give consideration to the following:
6.1.1 How have previous requests been considered?

6.1.2 Will other requests be able to be met?
6.1.3 Will one change complement another team member’s needs?
6.1.4 The effect of the change during peak annual leave periods/winter pressures etc.
6.1.5 Can the training needs of the applicant be met/structured adequately around any reduction
in hours?
6.1.6 Is the request permanent or would a temporary change meet the employee’s personal
needs?
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6.1.7 If an employee’s proposal suggests compressed hours, have the required break time been
considered? (If shift work is to be compressed, check working time legislation).
6.1.8 Are there peaks and troughs in work demands that will be adversely affected by flexible
working?
6.1.9 How will any change be monitored and evaluated. This must be agreed with the employee.
6.2 Business agreement

6.2.1 Once the manager has all the correctly completed paperwork, has met with the employee
and considered their outcome, they must arrange a meeting with HR to discuss the request.
This meeting should be as soon after the employee meeting as reasonably possibly having
given enough time to come to a fair decision, whilst ensuring the outcome can be delivered
to the employee within the required 14 days. HR will then ensure that all paperwork,
timescales, and next steps have been met and are reasonable. The decision and rationale
will be discussed, and an outcome can only be delivered to the employee once HR has
approved all the considerations.
6.3 Decision to agree request

6.3.1 When agreeing a request, the manager must confirm in writing and communicate verbally
where appropriate the outcome within 14 days of the meeting and authorise the request
form. Any special requirements, for example, attendance at work outside the revised hours
for training sessions/meetings etc., should be discussed and confirmed in writing and
communicated verbally where appropriate at this stage.
6.3.2 Both the applicant and the manager’s response will be placed on the employee’s personal
file. It is the manager’s responsibility to ensure HR are aware and a copy of the flexible
working request form is forwarded to HR for monitoring purposes.
6.3.3 Please note that once change is agreed, this is an amendment to the contract of
employment and there is no automatic entitlement to revert to the original hours of work or
working pattern unless a temporary amendment has been agreed.
6.4 Trial Periods

6.4.1 In some circumstances the manager and/or employee may have reservations about the
potential success of a new arrangement. In these circumstances, the manager may agree to
a trial period of up to three months to assess the impact of the arrangement. At this point
the time-tabled process will be ‘suspended’ for the duration of the trial period. There
should be a midway review to discuss whether:
• The arrangement is likely to continue at the end of the trial period

• There needs to be some adjustment to allow the arrangement to continue
• The arrangement is likely to cease, and the employee reverts to their original hours
at the end of the period.
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6.5 Decision to turn down request
6.5.1 It will not always be possible to agree a request. This may be due to a variety of reasons
which include:
• The burden of additional costs

• Inability to meet service demands
• Inability to recruit additional staff
• Detrimental impact on quality or performance
• Insufficiency of work during periods employee proposes to work
• Planned structural changes
• The inability to reorganise work amongst existing staff
6.5.2 An example of this could be where the numbers of staff already working part-time or
flexibly in a department meant that it would create operational difficulties to allow a further
request. In this event it may be appropriate to reconsider the request when the number of
part-time/flexible workers in the department has reduced. The effect on other staffs’
working lives is also an important consideration; therefore, managers will need to consider
whether the change is in the interest of the team as a whole.
6.5.3 Where it is not possible to agree a request for a good business reason, other patterns of
working, such as job share, should be considered to attempt to accommodate the
employee’s needs.
6.5.4 Managers must provide objective justification as to why the request has been turned down.
Agreement from HR must be provided prior to finalising any decision with the employee
and, must be in writing to the employee within 14 days of the initial meeting; this must
outline their right to appeal against the decision.
7 Management request to alter working arrangements
7.1 Temporary/urgent request to alter arrangements

7.1.1 It is expected that staff will remain flexible to ensure delivery of our service to clients, and
that whilst certain hours may be agreed, it should also be understood that managers may
reasonably request an alteration in starting and finishing times during periods of staff
shortages, work demands etc. It is expected that such requests will be few, sufficient notice
and reason given, and there will be no automatic expectation that staff will be able to
comply without first going through due process and consultation as appropriate according
to Mountain Healthcare Limited policy. After due process has taken place, it is expected
that staff will alter start and finish times as requested whilst taking into consideration the
provisions of this policy.
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7.2 Permanent/long term changes in working patterns
7.2.1 If a permanent change to hours/working arrangements are considered necessary to ensure
service provision, managers should seek advice from HR to ensure that consultation
processes required by Mountain Healthcare Limited policy and legislation are followed.
8 Appeal
8.1 An employee who has had their request refused by their line manager will have the right to
appeal. This appeal should be made in writing to the Director within 14 calendar days of
receipt of the decision, outlining their reason for appeal. The Director and HR will convene
an appeal meeting with the line manager, employee and workplace colleague or Trade
Union representative to discuss the employees appeal within 14 days. The decision will be
confirmed in writing within 14 calendar days of the meeting. Should the employee feel the
procedure for requesting flexible working arrangements had not been properly applied they
may refer to the Mountain Healthcare Limited’s Grievance Procedure.
9 Annual Leave Arrangements
9.1 Employees who have successfully negotiated to work on a flexible basis, either by changing
the number of hours they work each week or by working a flexible pattern must book
annual leave in line with the number of hours they would have worked if they have been on
shift that day. E.g. if an employee works compressed hours and usually works 8.5 hours per
shift, to take a day of annual leave the employee would need to book 8.5 hours from their
leave entitlement.
10 Implementation including training and awareness
10.1 New starters will be made aware of the policy in the induction process.
10.2 Managers to ensure compliance to the policy by way of team brief and supervision.
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Appendix A - Procedural Flowchart
Manager receives an application for flexible working Within 28 Manager and employee agree, and conduct
which should be acknowledged as soon as possible. days a meeting to discuss the application.
Manager arranges meeting with HR to discuss request and proposed decision. HR

agree, decline, or require follow up/revised business proposal to be discussed with
asap
employee.
Within 14 days of
original employee
meeting Both the employee and the
Manager will need to consider
what arrangements they need to
The Manager writes notifying the employee Requested is
make for when the working pattern
of their decision (copy to HR) ACCEPTED
is changed ensuring the flexible
working request form is completed
Request is with approval. The request form
REJECTED can be found in the Flexible
Working Policy.
The employee needs to decide if they wish
to appeal against the decision. If so, they
must appeal in writing, setting out the
grounds for their appeal
Within 14
days
Director receives the employee’s written

appeal
Within 14
days
Director and HR Advisor/Manager meets

with Line Manager, employee and their
representative to discuss the appeal
Within 14
Both the employee and the
days
Manager will need to consider
what arrangements they need to
Director writes notifying the employee of Appeal is make for when the working patter
their decision (Copy to HR) ACCEPTED is changed ensuring the flexible
working request form is completed
with approval. The request form
Request is
can be found in the Flexible
REJECTED
Working Policy.
Should the employee feel the procedure for

the request has not been properly applied
they may refer to Mountain Healthcare’s
Grievance Procedure
Number 05578727
APPENDIX B – Flexible Working Request Form
Flexible Working Request Form
This form should be completed and forwarded to your Manager. A meeting will be arranged within 28 days
of receipt of your request to discuss your application and the content of this form and you will be advised of
the decision within 14 days of the date of the meeting.
Name:
Job Title:
Location:
Current hours worked per

week and working pattern:
General reason for request

(please tick appropriate Parent or guardian of child aged 16 or under
box):
Parent of guardian of disabled child under 18
Parent or guardian of dependent under 18
Carer of dependent (please define relationship)______________________
_____________________________________________________________
Other (please state)_____________________________________________
Rationale. Please provide a

brief explanation of why
you have requested this
change:
Number 05578727
Proposed new hours (not
shifts):
Proposed working pattern:
Any proposed reduction in Yes No

hours to be worked?
Is your request for a temporary change or permanent change? If temporary, please state length of time you
would wish this arrangement to be established (a review must take place at a maximum of every 12 months). If I
understand there is no obligation to the company to revert to previous terms.
Will you be able to continue to perform all current duties within the proposed working pattern? If so indicate
how:
If you will not be able to perform all duties, what duties will be affected?
How do you propose to reallocate such duties?
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To help your manager consider your application and alternative ways of providing a service, please outline how
your request will affect the following:
Direct client care:
Customer/client service (referrals

etc):
Colleagues who may have to cover

at times when you would
previously have been on duty:
Contact with your Line

Manager/Supervisor:
If your role includes acting as a

mentor for other members of
staff/students, how do you
propose to fulfil this responsibility:
If your roles involves management of staff, how will this proposal affect your delivery of:
Supervision:
Performance Appraisal:
Training:
Communication:
Staff Support:
Employee Signature:……………………………………………………………………………….. Date:…………………………………………….....
Number 05578727
Managers Use Only:
Proposal: Agreed / Declined

If declined; state detailed business grounds for refusal and why the grounds exist in this circumstance:
If agreed; change form completed: Yes / No
Monitor/Review Period
(if applicable):_____________________________________________________________
Manager’s signature: ___________________________________________
Date: ___________________________
File copy to Human Resource Department
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APPENDIX C – Model Letter: Agreement to Request
Model Letter: Agreement to Request:
Date:
Address of employee:
Dear…………………………………
Re: Flexible Working Request
Further to your request to alter your working arrangements, I am pleased to confirm the following:
Start date: ……………………………………………
Hours of work: ………………………….… per week
Annual leave entitlement: …………………………... (in a full year or pro rata if applicable)
Salary: £………………………… (pro rata if applicable)
Training or other issues that will need to be detailed:
I enclose two copies of this letter. Please sign both copies to confirm your acceptance of the revised
working arrangements and the terms stated above. Please return one copy to (Insert name of Manager) and
ensure that the remaining copy is kept with your existing contract of employment as all your other terms
and conditions will remain unchanged.
If you have any queries regarding this letter, please do not hesitate to contact me.
Yours sincerely,
Number 05578727
APPENDIX D – Model Letter: trial Period for Flexible Working
Arrangement
Model Letter: Trial Period for Flexible Working Arrangement
Date:
Dear…………………………………
Re: Trial Period for Flexible Working Arrangements
Further to our meeting concerning your flexible working hours request, I explained that I have some
reservations/concerns relating to …………………………………………………….
However, we agreed to a trial period for ……………………………………….. (up to 3 months), with effect from
……………………………. During this time the following will apply:
Hours of work: ………………………….… per week
Annual leave entitlement: …………………………... (in a full year or pro rata if applicable)
Salary: £………………………… (pro rata if applicable)
Training or other issues that will need to be detailed:

We arranged to meet to review the trial period on ……………………………………………….. at ……………………………… in
……………………………………… At this point the time-tabled process will be “suspended” for the duration of the
trial period. If the arrangement has not proved successful, and we will clearly discuss this at the time of the
review, your working arrangements will revert back at the end of the trial period, or in extenuation
circumstance, prior to this date.
I enclose two copies of this letter. Please sign both copies to confirm your acceptance of the revised
working arrangements and the terms stated above. Please return one copy to (Insert name of Manager) and
ensure that the remaining copy is kept with your existing contract of employment as all your other terms
and conditions will remain unchanged.
If you have any queries regarding this letter, please do not hesitate to contact me.
Yours sincerely,
Number 05578727
APPENDIX E – Model Letter: Flexible Working Request Declined
Model Letter: Flexible Working Request Declined
Date:
Dear…………………………………
Re: Flexible Working Request
Further to our meeting on………………………………………… I regret to inform you that your request for flexible
working has been declined due to ………………………………………………………….. (Please note: at least one of the
listed business reasons, stated in section 6.4.1 must apply and be specified stating the grounds of why this
exists in the circumstances).
As outlined in the policy, you have the right to appeal against this decision. The appeal must be made in
writing to ………………………………………………….., Director within 14 calendar days.
If you wish to discuss this further, please do not hesitate to contact me.
Yours sincerely,
Number 05578727

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Mountain Healthcare Limited

Flexible Working Policy

Name of responsible (ratifying) committee MHL Board

Date ratified 20/05/2019

Document Management HR Team

Date issued 18/05/2021

Review date 13/05/2022

Electronic location http://www.mountainhealthcare.co.uk/staff-portal.html

1.1 01/06/2017 01/06/2019 Review N Green

1.2 01/06/2019 01/06/2021 Review N Green

1.3 13/05/2021 13/05/2022 Policy Updates T Lewis

• The hours they work

3 Roles and Responsibilities

3.1 This policy covers all staff of Mountain Healthcare Limited.

4 Types of Flexible Working

4.2 Types of flexible working include:

This list is not exhaustive

5 Process for requesting a change in working hours

5.1 A flowchart is provided in Appendix A, request form in Appendix B, model letters in

5.2 Flexible Working Request form

5.3 Meeting with Line Manager

6 Consideration and Decision

6.1.1 How have previous requests been considered?

6.2 Business agreement

6.3 Decision to agree request

6.4 Trial Periods

• The arrangement is likely to continue at the end of the trial period

• The burden of additional costs

7 Management request to alter working arrangements

7.1 Temporary/urgent request to alter arrangements

9 Annual Leave Arrangements

10 Implementation including training and awareness

Manager arranges meeting with HR to discuss request and proposed decision. HR

Director receives the employee’s written

Director and HR Advisor/Manager meets

Should the employee feel the procedure for

Current hours worked per

General reason for request

Parent or guardian of dependent under 18

Carer of dependent (please define relationship)______________________

Other (please state)_____________________________________________

Rationale. Please provide a

Proposed working pattern:

Any proposed reduction in Yes No

How do you propose to reallocate such duties?

Direct client care:

Customer/client service (referrals

Colleagues who may have to cover

Contact with your Line

If your role includes acting as a

Employee Signature:……………………………………………………………………………….. Date:…………………………………………….....

Proposal: Agreed / Declined

If agreed; change form completed: Yes / No

Manager’s signature: ___________________________________________

File copy to Human Resource Department

Re: Flexible Working Request

Start date: ……………………………………………

Hours of work: ………………………….… per week

Salary: £………………………… (pro rata if applicable)

Training or other issues that will need to be detailed:

Re: Trial Period for Flexible Working Arrangements

Hours of work: ………………………….… per week

Salary: £………………………… (pro rata if applicable)