People Experience and Culture Flexible Working Policy and Procedure
1. Purpose
This policy sets out our approach to flexible working requests.
2. Scope
The policy applies to all employees, regardless of length of service. It applies equally to employees regardless of sex or gender, disability, age, caring responsibilities, or any protected characteristics. Additionally, we will also consider flexible working requests from employees who have accepted a new position with the university but who have yet to commence their employment with us.
Please note that this policy does not form part of your employment contract and we may update it at any time.
3. Responsibilities
Everyone at our university plays an important role in the success of this policy, irrespective of their role or designation. Leaders and managers, in particular, have the potential to make a significant impact in enabling successful flexible working by fostering a culture of mutual trust, cooperation, and flexibility within their teams. They should be proactive and innovative in exploring and testing different flexible work arrangements. Open dialogue about the benefits of flexible working should be initiated during one-to-one meetings, appraisals, or team meetings.
Our People Experience and Culture (PEC) team will support the policy implementation by providing advice and guidance.
4. Policy Statement
The University of Derby is dedicated to cultivating an inclusive and supportive working environment, where every employee feels valued, respected, and has the opportunity to succeed. We understand the potential benefits of flexible working, not only to individual wellbeing but also to the successful operation of the university. We aim to foster a culture where flexible working is viewed as the norm, not the exception, and we operate under the presumption that all roles are open to some form of flexibility.
As part of our commitment, we acknowledge and strive to accommodate the diversity of our staff by being as flexible as possible in our work arrangements. This includes considering the broad-ranging personal or professional obligations of our employees, such as parental or caring responsibilities, commuting time, health/wellbeing needs, educational pursuits, charity work, leisure activities, and other personal interests.
5. Procedure
5.1 Right to Request Flexible Working
Any employee, irrespective of their length of service, can make a request for flexible working. While you can submit up to two requests within a 12-month period, we may consider refusing subsequent requests within the same 12-month period to ensure the feasibility of changes for both the employee and the University.
You may have only one live request for flexible working at any one time, including any appeal.
Adjustments may involve alterations to your work hours, work times, or location. Agreed changes will typically be made on a permanent basis, though temporary adjustments can also be considered depending on individual circumstances. More information about the forms of flexible working that may be supported are found within the Appendix to this policy.
5.2 How to Submit a Flexible Working Request
We encourage employees to have an informal discussion with their line manager about flexible working before submitting a formal request. Such communication promotes understanding and aids in formulating the best possible working arrangement.
To make a formal request for flexible working, please complete the Flexible Working Request Form, outlining your desired change. If you have a disability and need flexibility as a reasonable adjustment, please first consult with your manager who should seek advice from HR. Any requests for reasonable adjustments for a disability will need to be considered separately from the Flexible Working Policy, as different considerations will apply.
To ensure smooth implementation of any agreed changes, we encourage you to submit your completed Flexible Working Request Form to your line manager well in advance before the desired effective date.
Please provide as much detail as practicable in your request and where possible, explain the expected impact on your role and team. This will aid us in making a fair and informed decision about your request.
You should notify your manager in writing if you decide to withdraw your request after it has been submitted.
5.3 Considering Your Request
We aim to deal with your request promptly and respond without unnecessary delay. Your request, including any appeal, will be decided within two months from its receipt date. If an extension is needed, you and your line manager can mutually agree to extend the timeline, which will be confirmed in writing. One example of where an extension may be mutually agreeable is if your manager is proposing to accept the request on a trial period but has not yet made a final decision.
After receiving your flexible working request, your line manager will review it and must seek advice from the HR Business Partnering Team. Your manager will normally schedule a meeting to discuss the details. Attendance is your responsibility. If you can't attend due to unforeseen reasons, inform your line manager promptly for rescheduling. Missing a rescheduled meeting without a valid reason may lead us to consider your application withdrawn, and we will confirm this in writing.
At the meeting, you may be accompanied by a colleague or a trade union representative. If you wish to bring a companion, please inform your line manager in advance of the meeting. Arranging for their attendance is your responsibility. The colleague or trade union representative attending with you can assist in explaining your case, respond on your behalf, and confer with you during the meeting. However, they should not answer questions put directly to you, or attempt to prevent us from asking questions or outlining our points.
Trial Period
Depending on the specifics of your request, your line manager may suggest starting the new working arrangements under a trial period. This trial period serves to assess the effectiveness and feasibility of the new working arrangements for you, your team, and the college/directorate. We will not impose a trial period on you. If you reject the offer of a trial period, we will have to agree or reject your flexible working request straight away. Any trial period will be confirmed in writing and the letter is likely to include reference to an extension of the two-month time limit for dealing with a flexible working request because a final decision will be delayed pending outcome of the trial.
In many instances, a meeting is necessary to fully understand your needs and the potential impact of the proposed change on your role and the wider team or university. However, in certain cases, we may be able to approve your request based on the information provided in your application, without a formal meeting. Regardless, it is often beneficial to have a discussion with your line manager to ensure that the proposed change is the most suitable solution for all parties.
5.4 Response to the Request
Your line manager will carefully review your flexible working request following the meeting, taking into consideration the proposed arrangements and their potential impact on the university's operations and other staff members.
If your request is approved, you will receive a letter outlining the new working arrangements, the potential trial period, any changes to your contract of employment, and the date when the changes will take effect. You will be required to sign and return a copy of this letter, which will be placed on your personal file to confirm the variation in your terms of employment.
Unless otherwise agreed (and subject to any agreed trial period), changes to your terms of employment will be permanent.
In circumstances where we may not be able to approve a request due to business and operational requirements, your manager will consult with you about this before confirming the decision in writing. You will receive a written explanation outlining the business reasons for turning down your application and any alternative suggestions, if applicable. Details regarding the appeal procedure will also be included in this response.
While we aim to accommodate requests for flexible working where feasible, there may be circumstances where we are unable to do so due to operational or business requirements. In the event that a request is not approved, the decision will be based on one or more of the following business reasons:
(a) The burden of additional costs;
(b) Detrimental effect on ability to meet customer demand;
(c) Inability to reorganise work among existing staff;
(d) Inability to recruit additional staff;
(e) Detrimental impact on quality;
(f) Detrimental impact on performance;
(g) Insufficiency of work during the periods you propose to work;
(h) Planned structural changes.
Please note that the reasons for any refusal will be outlined in the written response provided to you.
5.5 Appeal
If your request is not approved, you are able to appeal. To submit an appeal:
(a) Write to the Chief People Officer (or designated deputy) by dated letter or email, within seven calendar days of receiving the written decision;
(b) Outline the grounds for your appeal in the letter.
Following receipt of your appeal, we will arrange a meeting to take place at a convenient time for all parties involved. You may be accompanied during the appeal meeting.
The appeal meeting will ideally be conducted by a manager who has not been previously involved in considering your request.
You will be informed of the decision in writing as soon as possible after the appeal meeting. The decision will be final.
5.6 Protection from Detriment and Dismissal
No one who makes a request for flexible working will be subjected to any detriment or lose any career development opportunities as a result.
5.7 Informal Flexible Working Arrangements
The University of Derby values the benefits of flexibility and acknowledges that formal flexible working arrangements may not always be necessary or suitable. Sometimes an employee is seeking short-term flexibility and an informal arrangement may be most suitable to meet that need. We encourage staff to reach mutually agreeable arrangements with their line managers, which consider the context of their individual work areas and teams, promote high performance and ensure an excellent student experience.
Informal flexible working can be a pragmatic solution to balance the demands of work and personal life without invoking formal procedures or altering contractual terms. These arrangements are adaptable, offering both the university and employees the opportunity to test out different ways of working, responding to emerging situations and continuously evolving needs.
Examples of informal flexibility can be found in the Appendix.
To discuss an informal flexible working arrangement, please approach your line manager. This conversation should be open and collaborative, focusing on understanding the need for flexibility, considering its impact on the team and department, and exploring possible solutions.
While informal flexible working arrangements do not require the same process as formal requests, they should still be recorded. This provides transparency, allows all parties to review the arrangements if needed, and ensures a shared understanding of the changes. This could simply be an email summary of the agreed arrangements sent by the line manager to the employee, with a copy kept on file.
5.8 Reviewing Informal Flexible Working Arrangements
Informal flexible working arrangements should be reviewed regularly to ensure they continue to meet the needs of both the staff member and the university. Line managers and staff members are encouraged to maintain open communication about the effectiveness of these arrangements, with the understanding that they can be revised if circumstances change or if operational requirements demand it.
Please note that while we strive to accommodate informal flexible working arrangements, the university's operational requirements and our commitment to providing an excellent student experience must be the priority.
5.9 Leadership and Academic Employees
Leadership employees are expected to manage their work commitments and productivity in a way that ensures expectations are met and outcomes are delivered. Leaders are therefore empowered to manage their workloads within a framework of flexibility and relative autonomy. We understand that our leaders will also have personal commitments that may entail flexibility in their working day or week. This trust and flexibility enhances work-life balance and promotes a culture of understanding and respect for personal needs.
If a more formal arrangement aligns better with an employee’s needs, this can be requested under the policy. This could mean a reduction in working days like transitioning to a 4-day work week or entering into a job share arrangement. If supported, these changes would come with a fair pro-rata adjustment, resulting in a corresponding change in salary and associated benefits. Due to the inherent flexibility described above and level of accountability for outcomes/responsibility for delivery of services that is required of leaders, compressed hours and 9-day fortnights are not suitable for this type of role.
Academic employees, much like leadership employees, operate on an inherently flexible contract. The same opportunities for flexibility offered to leadership employees apply to our academic staff. This might mean a pro-rata contract adjustment (reduction in working days), or flexibility in work location, such as enabling remote work or work-from-home options, as appropriate.
6. Related Documentation
Please visit our PEC intranet pages to see the range of policies and benefits available that are designed to support employees in achieving the right balance between work and personal life.
These include (where eligible):
- Flexible Working
- Holiday Purchase Scheme
- Special Leave Policy
- Time Off In Lieu (TOIL) Policy
If you have any questions or require further information about any policy or benefit, please do not hesitate to contact PEC or your line manager.
Appendix - Forms of Flexible Working
Flexible working can incorporate several possible changes to working arrangements. Examples are provided below although not all the examples will apply to all employee groups.
A. Flexible Working Hours
Part-time/reduced FTE working: This refers to any arrangement that is less than full-time, which could be a reduction in the daily hours worked or working fewer days in the week.
Compressed hours: This involves working full-time hours but over fewer days, for example, working four long days instead of five normal-length days. It can help reduce commuting time or reduce childcare costs but does entail longer working days.
9-day fortnights: Similar to compressed hours, full-time hours are worked over 9 days rather than 10 with longer working days over the 9 days to enable a day off in the fortnight. It has similar benefits to compressed hours and not the same impact in terms of longer working days as the longer hours are worked over 9 days, not 4.
Staggered hours: With this arrangement, an employee might agree to different start, finish or break times to the typical working pattern in that team/area. For example, rather than working 9 to 5, an employee may reach an agreement to work 7 to 3 to avoid peak commuting times. This could be operated on a fixed or rotating basis within a team.
Term-time/part-year working: Employees on a term-time arrangement do not work during the school holidays. Salary is reduced accordingly but is paid in equal instalments throughout the year.
Self-rostering: Typically applies in areas where employees work shift patterns. Employees have delegated responsibility for deciding which shifts each team member works. This can provide more control for employees who may have less opportunity for other forms of flexible working. This would be a team rather than an individual arrangement and would require the establishment of certain parameters to ensure its success and effectiveness (such as operational needs, fair distribution of popular shift times, right mix of skill / seniority level at required times, etc.).
Phased or flexible retirement: This is where an employee reduces their hours or their grade and at the same time starts drawing their pension from minimum age 55 (to increase to age 57 from 6 April 2028) as a gradual transition to retirement. More can be found on the following links:
Job sharing: This is a form of part-time work where two employees share the responsibilities, hours, workload, and benefits of one full-time post, most commonly on a 50/50 split basis. This arrangement incorporates an overlap period allowing job sharers to exchange information or carry out collaborative work. Detailed arrangements concerning hours and days of work should be agreed upon by the job sharers and their manager.
Upon agreement to a job share arrangement, we will advertise for a job share partner. However, it should be noted that the suitability of job share is dependent on the successful recruitment of a compatible job share partner. If one job sharer departs, the following actions will normally be considered:
- Offering the full-time post to the remaining job sharer.
- If the remaining employee prefers to continue job sharing, we will attempt to recruit another job share partner.
- If a suitable partner cannot be found, the employee will be presented with potential alternatives such as redeployment to another post or a new part-time employment contract.
B. Flexible Working Locations
Working from home or remote working: This allows employees to work part of their weekly working hours from home or another location other than the usual workplace. See also our Adaptive Working Framework on the intranet.
C. Informal Flexible Working
Shift swapping: This allows employees, with their manager’s approval, to swap shifts with colleagues, offering greater flexibility on when they work. It is similar to self-rostering but implies more informality in the arrangement.
Other examples are:
- Adjusting start and finish times for a short period;
- Temporarily working from a different location;
- Changing working days or hours for a specific event or obligation;
- Sharing tasks or responsibilities with colleagues for a limited period.