Flexible working policy for public servants

Introduction

This document comes in two parts.

Part one sets out the Jersey Public Services policy and principles regarding flexible working.

Part two provides the procedure, setting out how to implement the policy with links to toolkit items to give you more information. The procedure is intended as a guide only and may change or be varied from time to time.

This policy supersedes all previous policies, circulars and procedures connected with flexible working in the Public Service.

Code of practice and policy family

This policy forms part of the code of practice for Employee Rights at Work. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

Flexible working policy

Policy purpose

The Jersey Public Services recognise the importance of public servants being able to balance the needs of their personal and working lives and aims to offer a flexible, inclusive, and respectful workplace.

By offering the chance for people to balance their work, family, cultural and personal lives, we aim to support wellbeing, improve employee experience, and support a more effective and efficient delivery of public services.

Policy principles

All our policies are underpinned by our values and behaviours.

This policy and procedure aims to:

• ensure everyone is treated in a fair, consistent, and equal way, free from discrimination and victimisation
  
• be clearly written, easy to understand and apply
• ensure our compliance with the Employment (Jersey) Law 2003, Discrimination (Jersey) Law 2013, and other relevant legislation and regulations
  

This policy applies to all Jersey public servants, on permanent or non-permanent contracts of employment, including those on zero hours contracts.

We all have a responsibility to follow the procedure set out in part two when making or considering a formal flexible working request.

Line managers

'Our managers are role models, set clear standards and are supportive' (People Strategy Commitment - Your Experience). As a line manager, you are responsible for modelling our values and behaviours. You set the tone for your team and across the organisation.

Our People Strategy

You are responsible for familiarising yourself with this policy and understanding your role in the procedure, particularly considering requests in a fair, sensitive, and inclusive way. You are also responsible for undertaking any relevant management training or briefing sessions related to this policy or general people management training.

You are responsible for representing our commitment to being an inclusive employer by creating opportunities for flexible working to attract and retain diverse employees, ensuring our workforce reflects the diversity of the communities we serve.

You are responsible for making sure flexible working practices are being used effectively and to have conversations with your team around what flexibility can be supported through a team based approach.

You must give careful and fair consideration to any formal or informal flexible working requests and agree them where the operational needs of the service can still be met. You should also ensure good two-way communication happens throughout any part of the process to keep everybody informed and up to date.

You should consider how flexible working may help employees return to work following any time of absence due to ill health. It can help reduce absence and support wellbeing.

You must ensure you are aware of any flexible working arrangements within your team and that appropriate staffing levels in your area are maintained to provide an effective operational service. 

You must let the employee know of the reasons a flexible working application or request is refused, ensuring that you meet legal requirements. Read our line manager's toolkit on how to consider and approve or refuse flexible working requests.

You should make sure that employees who are working flexibly are included in the activities of the rest of the team and that effective communication links are in place for employees who are working remotely or have different working hours.

You should ensure safe working practices are in place for all employees. Sources of wellbeing support and guidance, including health and safety assessments for remote working, are listed on the wellbeing pages.  

Chief People and Transformation Officer

You are the custodian of all Government of Jersey people policies.

You will ensure that this policy and its procedure are implemented using appropriate communication methods, to aid organisation wide awareness, in order that responsibilities are fulfilled.

You will ensure that reviews take place in line with the schedule in the policy control sheet and that development of this policy and procedure is in keeping with the Corporate Policy Framework, People Policy Guidelines and our People Strategy.

People Consultancy Services team 

Provide advice and guidance to line managers on adhering to employment legislation under this policy. 

People hub 

Provide first line advice to line managers on the application of this policy and procedure.

Ensuring flexible working requests are filed appropriately in line with data protection.

Chief Executive Officer and Chief Officers

You are accountable for familiarising yourself with:

• our 6 Codes of Practice
  
• this policy and its procedure
  

You are responsible for ensuring line managers and employees within your department carry out their responsibilities, as set out in this policy. This includes the notification and recording of any breaches and upholding the spirit of the code of this policy and its procedure generally.

You are responsible for modelling and championing our values and ensuring that our organisation standards and expectations are communicated clearly and fully adopted by your department. You set the tone for the behaviours both within your department and across the organisation.

States Employment Board

The Board has a duty to issue Codes of Practice in accordance with Article 8 of the Employment of States of Jersey Employees (Jersey) Law 2005. This code will be reviewed at the start of each States Employment Board term, or earlier where relevant legislation or regulations change.

Flexible working definitions and examples

Flexible working describes any working arrangements that differ from standard practice, including where, when, or how much you work.

Informal flexible working

Informal flexibility applies where Public Servants might wish to change their working hours or location on an ad hoc basis. 

This includes:

• adjusting start or finish times
  
• working from home, where the arrangement is not permanent
  
• flexible hours to suit appointments
  
• any working arrangement that does not have an ongoing repeated pattern
  

Informal flexibility is not a contractual right. Agreement will depend on the demands of the service and required staffing levels.

If you have a routine arrangement in place, requirements from the business may change at any time and it is important to still be available at any agreed core times and locations.

Formal flexible working

An approved formal application is needed when requesting a regular pattern of flexible working and it will usually result in changes to an employment contract.

This is when:

• you would like a permanent arrangement or change to your working pattern, which can include permanent changes to where, when, or how much you work
  
• there is a change that will affect your pay for example, reduced hours or working weeks, part-time or job share
  

You do not have an automatic right to flexible working, but you have the statutory right to apply.

Flexible working examples

Informal and formal

• compressed hours
  
• home working and remote working on island only
  

Informal only

• flexible start and finish times
• time back
  

Formal only

• part-time
  
• job share
  
• annualised hours/seasonal working
• term-time working
  
• reduced working weeks
  

Find more about flexible working examples.

Why flexible working is important

We know that a workplace that has embedded a culture of flexibility will see several benefits, including:

• increasing attraction and retention of talented employees
• providing opportunities to increase diversity and inclusion in the workplace
  
• increasing employee wellbeing and work life balance
  
• increasing motivation and organisational performance
  

The procedure

When making a request, it is important to consider what flexibility is practical based on the requirements of your role in terms of where, when, or how much you work.

Flexibility is about finding the right balance between what you want and what your role requires. Not every role can have the same level of flexibility.

Informal flexible working

Employee

Informal flexible working requests can be made at any time. There is no set format for an informal flexible working request, but it is usually best to prepare in advance and arrange to discuss with your manager.

Some of the things to think about for the discussion:

• the working pattern you are requesting and the dates on which you would like it to start and end
  
• how the proposed changes would affect your team and colleagues and how you think these changes could be managed effectively
  
• whether or not there is already a framework or agreed guidelines in place within your team or department which sets out the expectations of informal flexible working arrangements
  
• if a team flexible working framework already exists, if your request is in line with these
  
• whether you are happy for your arrangements to be shared with the team
  
• whether further guidance as to the type of flexible working arrangement being requested is provided in the examples of flexible working
  

If your request is of a sensitive nature and you do not wish to discuss with the wider team, it will be treated in confidence and sensitively by your manager. If the department can accommodate it, you should not need to provide a reason for requesting it, unless it is relevant to share.

Informal flexible arrangements do not include regular working patterns and are not a contractual right. Requests may or may not be accommodated depending on the needs of the service and available capacity on a daily or weekly basis.

Manager

A team-based approach to informal flexible working is encouraged and can be achieved using an informal flexible working framework. Employees should be engaged and involved in the process of creating the framework.

Guidance on how to put a framework together can be found in implementing a team-based approach to flexible working.

When an informal flexible working request is received, you should encourage team members to refer to the framework in the first instance which would involve an open and transparent discussion leading to an agreed and effective outcome.

When considering an informal request you must consider:

• the examples of flexible working being asked for
  
• how the team will be impacted and how any changes would be managed
  
• whether it will affect the organisation and customer needs being met
  

If the request is not practical, consider if you could offer any compromises or alternative arrangements that may be suitable before refusing.

If the request is for a flexible working arrangement that results in permanent changes to the employees' terms of employment, then the employee needs to submit a formal flexible working application.

Formal flexible working 

You will need to provide clear details of what arrangements you would like to have. You should also consider and explain how your request will fit with the operational needs of the department and team.

You cannot make more than one flexible working request in your current role within a 12 month period. If you are unsure whether you have made a request within this time, PeopleHub can confirm this as all requests are saved in employees personal files.

If you would like to make a formal flexible working application, you will need to submit an application using the online form below.

Apply for flexible working

A formal application cannot be made where the effective date of the new pattern is within 6 calendar weeks from the date the application is submitted, unless this has been discussed with your line manager prior to the application being made. This is to allow your line manager enough time to consider your application.

A formal application for flexible working must be reviewed and a decision made in line with the six reasons within the flexible working policy.

Find further guidance in the line manager's toolkit.

No access to online form (Highlands College only)

Employees at Highlands College may not have access to the online form, in this case you can submit a manual form to your line manager.

Flexible working policy timescales

Once a formal flexible working application has been submitted, the following timescales must be adhered to when reviewing and responding.

Days and weeks refer to calendar days and weeks. For all situations described below, the timescales will start from the day after the application has been received.

Within 28 days 

Your line manager must meet with you within 28 days to discuss your application or, if happy with the arrangement requested, the application can be approved without a meeting.

Within 6 weeks 

You will be given written notice of the decision.

Absence of line manager

If the manager who would normally consider your application or receive an appeal is absent, the periods referred to above will commence from the day they return to work. For example, where an employee has submitted an application outside of term dates or during a period of annual leave, the response dates above can be placed on hold until the return date.

In the case of extended sickness absence, the request may be dealt with by your managers manager.

Extension of response dates

Both parties may mutually agree to extending the periods referred to within this policy and this must be followed up in writing.

Flexible working application outcomes

Further information on considering a flexible working application can be found in the line manager toolkit to help line managers when considering the request.

Approved formal application

If your formal flexible working application is approved, your line manager will meet with you to inform you of the decision and you will receive written confirmation.

For any contractual changes, your manager will also complete an employee changes form in line with the relevant procedure to ensure these changes are accurately reflected within your terms and conditions of contract by HR and payroll.

Approval of a flexible working application is only applicable to your current role. Further applications will need to be submitted and reviewed if there is a change of role.

Email the pensions team on pept@gov.je for information on how your flexible working arrangement will impact your pensions contributions.

Refusing a formal application

If your application is refused, your line manager will meet with you to discuss your application and give you clear reasons as to why.

Your line manager will have considered the impact your application may have on the operations of your department and your colleagues within your team.

• the burden of additional costs
• being unable to meet customer demand
• the inability to re-organise the workload among existing public servants or you would be unable to recruit additional resources
  
• detrimental impact on the quality or performance of the department
  
• lack of work available during the employees proposed working times
• adverse effect on planned staffing changes
  

Your line manager will be fully prepared to answer any questions you may have to help you take a holistic view of the situation. 

Variations and changes to arrangement requested

If both parties agree, the terms on which flexible working arrangements are entered into can be varied, for example, a review period of up to three months to allow both parties to see if the arrangements are practical and work well. If a variation is agreed, your application will be approved with the variation outlined in writing. If a review period is agreed, the application will be approved in principle subject to the review period being successful. The end date of the review period must be specified on the employee changes form. If a different variation is agreed, your application will be approved with the variation outlined in writing.

If a review period is set and at the end of this period it is decided that the flexible working arrangement is not possible for one of the 6 reasons outlined above, the line manager will meet with the employee to discuss this. The meeting will be followed up with a written confirmation, including any variation, which explains the reasons your application has been refused.

Appeal for formal flexible working

You have the right of appeal against a refusal of your application for formal flexible working. 

Find further information in the formal flexible working appeal process.

Right to be represented or accompanied, including companion support

By law, any employee can bring one person to a formal meeting, this can be a trade union representative or a workplace colleague. In addition, employees who require reasonable adjustments may also be entitled to companion support.

Right to be accompanied

Support and wellbeing

Your wellbeing is our priority, everyone should feel safe and supported in the workplace. Sources of wellbeing support and guidance can be found for public servants on MyStates.

Confidentiality

We all have a right to confidentiality throughout this procedure. Read our confidentiality toolkit for more guidance.

Confidentiality

Glossary

See our glossary of terms for definitions or explanations.

People Policies Glossary

Related policies or guidance 

Guidance on requests for working off island can be found on MyStates.