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MRC FLEXIBLE WORKING POLICY AND PROCEDURE
POLICY>

Content
Document Control Summary
Policy statement
1. Principles
2. Flexible Working Procedure
3. Appeals Process
4. Related Documents
5. Effective date
6. Review date
7. Amendment history
Flexible Working Policy and Procedure
Version 2.0
Document Control Summary
========================
Title
Flexible Working Policy & Procedure
Electronic file reference
(network or intranet)
ERMS - Corporate HR/Policy Review 2008
Status
Published
Version No.
2.0
Date of this Document
6th April 2009
Author(s)
Joanna Tyerman
Corporate HR Advisor
Revisions by: Joanna Tyerman & Pippa Hawkesford Corporate HR
Advisor
Approved by
(Names, titles and date)
Helen Cunningham, Assistant HR Director
MRC Trade Union Side
Next Review Date
April 2012
Equality Impact Assessment Completed in
September 2008
Financial implications of This version
None

=======
Policy statement
================
The MRC endeavours to support employees that request changes to their
working patterns due to responsibilities outside work. The MRC
encourages managers to consider a more flexible approach to working
patterns when operational requirements allow. This Flexible Working
Policy and Procedure ("Flexible Working Policy") sets out
considerations for how the MRC will approach requests that are made.
The Flexible Working Policy has been agreed with the National Trade
Union Side and complies with statutory legislation as well as ACAS
best practice. In addition, the MRC’s policies are assessed for
language accessibility and equality impact. The MRC’s operational
activities are regularly reviewed with key stakeholders and Trade
Unions, which in turn contribute to the further development of the
MRC’s policies.
The Flexible Working Policy applies to MRC employees. This includes
those employed on permanent or temporary contracts, and for the
avoidance of doubt, does not include visiting workers, students or
those workers provided by a third party agency.
1. Principles
=============
1.
The MRC values all employees and as a demonstration of this all
employees are eligible to make a request for flexible working.
The MRC policy goes beyond statutory legislative obligations.
2.
Flexible working incorporates a wide variety of working
practices. Flexible working can be any working pattern other
than the normal working pattern of an establishment. Examples of
flexible working patterns are attached as an appendix to the
Flexible Working Application form.
3.
Employees must follow the MRC procedure for making an
application.
4.
Any employee returning from maternity/adoptive/parental leave
has the right to make a request for flexible working in order
that a change may be implemented from the time that they return.
In these circumstances, the application must be submitted at
least 14 weeks before the scheduled return to work date to allow
time for processing.
5.
All requests will be considered in light of the employee’s needs
balanced against the operational requirements of their
team/unit/department.
6.
Requests are subject to the relevant Director’s approval.
7.
If mutually agreed that a trial period is appropriate, the
procedure and timetable (as set out in the procedure below) for
dealing with a flexible working request shall be suspended. Both
parties agree that the timetable will be re-activated with a
view to making a decision on the flexible working application at
the end of the trial period, unless mutually agreed that the
decision be made at an earlier date. Once the decision is
confirmed, will become a contractual change to the employee's
terms and conditions of employment but subject always to the
MRC's right to make reasonable changes to employees' terms of
employment where good business reasons exist.
8.
Where appropriate, and at the discretion of the line manager and
the employee, a review period may be set for any changes to
working patterns to ensure the new arrangements continue to meet
employee and business needs.
9.
Only one request for flexible working may be made in any 12
month period unless exceptional circumstances cause an employee
to find themselves subject to substantial change in their home
life prior to the 12 month limit.
10.
Throughout all stages of the procedure the MRC will endeavour to
accommodate any reasonable adjustments or other special
requirements needed by employees.
11.
Employees requesting flexible working arrangements are protected
in law from suffering detriment or dismissal.
2. Flexible Working Procedure
=============================
All forms and letters to support the flexible working procedure may be
found on the ‘being at work and being away’ section of the HR portal.
Employees who wish to apply for flexible working arrangements should
use the following procedure:
2.1 The application
2.1.1 Employees should make an application in writing, ideally on the
Flexible Working Application Form to their manager. All requests for
flexible working arrangements must state when the revised working
pattern is expected to start and, wherever possible, should be
submitted at least 14 weeks in advance of this date.
2.1.2 The manager accompanied by regional/unit HR will meet with the
employee within 20 working days of receiving the application.
2.1.3 The employee has the right to be accompanied by an MRC colleague
or represented by a recognised trade union representative at the
meeting. If the companion is unable to attend the meetings, management
must defer to a new time within 5 working days of the original date.
If this is also not possible the employee must consider being
accompanied by an alternative companion so that the timeline may be
maintained.
2.1.4 The manager, with the support of HR, will advise the employee in
writing of the decision within 10 working days of the meeting.
2.1.5 However, a meeting is not necessary if, within 20 working days
of receiving the Flexible Working Application Form, the manager agrees
to the proposed flexible working arrangements and notifies that
employee in writing of the decision.
2.2 Withdrawal of an application
2.2.1 Applications may be withdrawn by the employee using the
Withdrawal Form. Following a withdrawal, a further application may not
be placed for the following 12 month period. In exceptional
circumstances only and where an employee finds themselves subject to
substantial change in their home life it may be appropriate to allow
an application sooner than 12 months.
2.2.2 Management may withdraw an application if the employee fails to
attend any two meetings arranged in accordance with this Flexible
Working Policy, without reasonable cause.
2.3 The decision
2.3.1 If a decision is taken to accommodate flexible working, details
of the agreed arrangements will be notified to the employee in writing
by regional/unit HR within 10 working days of the meeting. The manager
may respond using the acceptance letter form. A revised contract of
employment will be issued to the employee by the SSC.
2.3.2 If the decision is taken not to allow flexible working as
requested, this decision will be notified to the individual employee
in writing with reasons. This decision may formally be appealed. This
may include a review period if appropriate.
3.
Requests for adopting a flexible working pattern may only be
declined using one or more of the following reasons:
*
Inability to rearrange work among existing staff
*
Burden of additional costs
*
Detrimental effect on the ability to meet customer/stakeholders
demand
*
Inability to recruit additional staff
*
Detrimental impact on quality or performance
*
Insufficiency of work during the periods that the employee
proposes to work
*
Planned structural changes
3. Appeals Process
==================
3.1 First Stage Appeal
3.1.1 If the application is not accepted the employee may appeal using
the Appeal Form within 10 working days of written notification of the
decision.
3.1.2 An employee can submit any new evidence that he/she considers
relevant to the appeal.
3.
The manager accompanied by regional/unit HR will meet with the
employee within 10 working days of receiving such application,
to discuss the appeal and will advise the employee in writing
of the decision.
3.1.4 Employees may be accompanied at the meeting by an MRC work
colleague or represented by a recognised trade union representative of
their choice. If the companion is unable to attend the meeting
management must defer to a new time within 5 working days of original
date. If this is still not possible the employee must consider being
accompanied by an alternative companion so that the timeline may be
maintained
5.
If management’s decision is not to uphold the appeal, the
employee may instigate the Second Stage Appeal as set out
below, as long as he/she does so within 5 working days of
receiving the written decision. (This Second Stage Appeal
reflects the final stage of the MRC Grievance Procedure which
means the employee will have no further right of appeal).
6.
However, a meeting is not necessary if, within 10 working days
of receiving the notice of appeal, the manager upholds the
appeal and notifies the employee in writing of that decision.
Details of the agreed arrangements/new documentation will be
provided as provided for in paragraph 3.4.1 above.
Second Stage Appeal
3.2 Principles
3.2.1 This Second Stage Appeal reflects the final stage of the MRC
Grievance Procedure which means the employee will have no further
right of appeal.
3.2.2 Where management decides not to uphold the First Stage Appeal
the employee may make an application for a Second Stage Appeal to be
heard.
3.2.3 Any such appeal should normally be made in the first instance to
the manager of the manager who has heard the First Stage Appeal.
3.2.4 Appeals should be lodged in writing within 5 working days of
receipt of the written decision on the First Stage Appeal. The letter
should indicate the full grounds upon which the appeal is made.
3.2.5 An employee can submit new evidence or information that he/she
considers relevant to the appeal.
6.
Employees do have the right to be accompanied by a companion
being a work colleague, or represented by a recognised trade
union representative, of their choice.
3.3 Second Stage Appeal Hearing Process
3.3.1 Second Stage Appeals will usually be heard by a Senior Manager
or nominee from within the MRC unconnected with the First Stage
Appeal, a Senior HR professional and a National recognised Trade Union
Official.
2.
The Senior HR professional may be external to the MRC.
3.
The Director or Senior Manager should act as Chairperson.
4.
Upon receipt of an appeal, the Chairperson should :
a.
Send the employee details of the arrangements relating to the
appeal hearing.
b.
Advise them of their right to be accompanied by a companion
being a work colleague or a recognised trade union
representative of his/her choice. The employee should where
possible confirm that person’s attendance and identity before
the hearing commences.
c.
Hold the appeal hearing where possible within 10 working days of
receipt of the letter containing the grounds of appeal. This is
subject to the employee’s ability to request a postponement of
up to 5 working days where his/her companion is not available to
attend on the original day or time.
3.4 Purpose of the Second Stage Appeal
3.4.1 The purpose of the Second Stage Appeal is to:
*
Determine whether the outcome of the First Stage Appeal was fair
and reasonable in all the circumstances.
*
Determine whether the procedure was followed correctly.
2.
The conduct of the appeal shall be a matter for the
Chairperson who may consider such evidence that he/she deems
appropriate.
3.
The aim is to review the basis upon which the original
decision was made and to allow:
*
The employee to submit any new evidence.
*
The employee or their accompanying work colleague or a represented
by a recognised trade union representative of his/her choice to
comment on any new evidence or,
*
The employee to raise any procedural issues, or comment on those
matters he/she believes have been ignored and/or received
insufficient consideration.
3.5 The Second Stage Appeal Hearing
3.5.1 At the Second Stage Appeal Hearing, the Chairperson should:
*
Introduce those present and explain their respective roles and
explain the purpose and format of the Appeal hearing, including
the possible outcomes.
*
Invite the employee to explain the basis on which he/ she is
appealing, referring to documents or evidence previously submitted
or any new evidence which has come to light where he/she believes
this may support his/her grounds for appeal. If an employee is
accompanied by a companion, they may outline the employee’s
grounds for appeal or make statements on an employee’s behalf.
They may not, however, answer any questions on an employee’s
behalf.
*
Ask all necessary questions and summarise the facts.
*
Decide on whether any further investigation is required including
speaking with other relevant personnel. This may require an
adjournment.
*
Whenever possible, verbally inform the employee of the decision
reached and the reasons for it.
*
Confirm the decision in writing with reasons. This will normally
be confirmed within 7 working days of the Second Stage Appeal
Hearing concluding, although this will be extended should further
time be required. In such an instance, the employee will be
notified of the proposed date upon which the decision is expected
to be made.
3.6 Appeal Outcomes
3.6.1 Possible outcomes are as follows .The Appeal Panel may:
*
Uphold the decision of the First Stage Appeal - i.e. confirm the
decision taken, thereby rejecting the employee’s appeal;
*
Overturn the decision of the First Stage Appeal to decline the
application i.e. set aside the original outcome, thereby upholding
the employee’s appeal;
*
Amend the original decision on the application i.e. substitute an
alternative course of action e.g. a trial period.
2.
The decision made at the Second Stage Appeal Hearing is final,
with no further right of appeal.
7.
Extension of timescales
3.7.1 The above timescales may be extended by mutual agreement
==============================================================
4.
Related Documents
=================
*
MRC Flexible Working Forms
*
MRC HSS website http://extra.mrc.ac.uk/hss/
5. Effective date
=================
5.1 This policy is effective from the 6th April 2009.
6. Review date
==============
6.1 This policy will be regularly reviewed to incorporate any
legislation changes and will be formally reviewed in April 2012.
7. Amendment history
====================
Version
Date
Comments/Changes
0.2
September 2008
Amended by Corporate HR as part of project review of HR policies.
1.0
March 2009
Release of final policy
2.0
April 2009
Policy reviewed following legislation update – no change required
(change required in management guidance only)

Issued 06/04/09 Page 2 of 8
Version 2.0