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PART TIME AND FLEXIBLE WORKING OPTIONS PROCEDURE
1.The aim of the procedure
1.1Cheshire Constabulary is committed to equality of opportunity and ensuring that the talents and resources of its personnel are fully utilised. Subject to operational requirements, the force will seek to accommodate part time and flexible working arrangements to the mutual benefit of the force and its individual members of staff.
1.2The purpose of this procedure is to enable police officers and police staff to continue in their chosen careeralthough they are unable to work standardhours. All Police Officers and members of Police Staff(collectively referred toas membersof staff in the remainder of this procedure) will be eligible to be considered for part-time or flexible working.
2.The scope of the procedure
2.1The Employment Act 2002 provides a statutory right foremployees who have continuous service of 26 weeks, to make a request for flexible working.
2.2This procedure covers applications for part-time and flexible workingfrom both Police Officers and Police Staff. However, due to the differences betweenofficer and staff conditions of service, there are separate appendices detailing specific information which will be applicable to Police Officers (Appendix 1) and Police Staff (Appendix 2).
3.Definitions
There are a number of part-time flexible working options available to all members of staff within Cheshire Constabulary. These include: -
Part-time working: An obligation for one person to work a reduced number of hours on a regular and planned basis. The member of staff negotiates availability with the constabulary.
Job share: A shared responsibility between 2 people to work as one post-holder by means of a division of time and, where applicable, division of tasks.
Term time only working: Working full or part time while taking unpaid leave during agreed school holidays. Salary may be averaged out over the year so that a regular wage is still received.
School Hours working: Working during school hours only.
Compressed hours: Working more hours each day, but fewer days of the week.
Flexi time: Working hours can vary but there is a fixed core time and time can be banked as flexi leave.
Voluntary Reduction in Hours:Working hours can be reduced for an agreed time period.
Homeworking: There is currently no formal provision for homeworking, but special arrangements may be made on an ad hoc basis.
4.Conditions of Service
4.1Police Regulations will apply to officers working part-time or flexible hours in the same way as they do to officers working full-time. This is explained more fully in Appendix 1.
4.2Conditions of service for members of Police Staff who work part-time or flexible hours will also remain the same as those for full time members of staff. These are explained in Appendix 2and in the Police Staff Council Pay and Conditions of Service Handbook.
4.3Eligibility
4.4All members of staff at all levels in the organisation are eligible to apply for any of the part-time and flexible working arrangements listed at 3 above. However operational considerations may mean that certain arrangements cannot be accommodated in all departments.
4.5Police Officers who are serving their probationary period may apply for part-time flexible working arrangements within the following constraints:
- Initial training, street duties training and continuation training must be completed on a full-time basis, normally the first 31 weeks
- A minimum average of 24 hours per week must be worked
- The probationary period will be a minimum of two years, but can be extended on a pro rata basis to match the reduction in average hours per week.
4.6The Constabulary is committed to ensuring that all areas of police officer and staff work lend themselves to part-time and flexible working arrangements, and there are no restrictions on the flexible hours andwork patterns that can be proposed in each individual case. All requests for part-time and flexible working are subject to agreement being reached between the member of staff and the Area Commander/Head of Department.
5.Decision-making criteria for part-time and flexible working
5.1All posts should be considered as potentially being available for part-time and flexible working. If part-time or flexible working cannot be accommodated in anapplicant’s current post, alternative posts should be explored.
5.2Factors that will be taken into account when considering the suitability of a post for part time and flexible workingare:-
- Ability to meet internal and external customer demand
- Impact in quality and performance
- Ability to re-organise/re-assign work within the department
- Ability to recruit additional staff (e.g. job share partner)
- Ability to cope with fluctuations in work demand
- Sufficient work being available during the periods the member of staff proposes to work
- Health, safety and welfare of members of staff
- Additional cost to the organisation
- Any other reason arising out of the specific working arrangements of a department or area
For further information/details on this please see Appendix 3: Document entitled “Part Time and Flexible Working Principles – Guidance for Managers”.
5.3Before making any application, a member of staff should be aware that approval of a request may bring about a permanent change to their terms and conditions ofemployment. It is therefore important that before such application is submitted, careful consideration is given to deciding the most suitable form of working and pattern of hours required to enable a member of staff to best meet their home demands.
5.4Full consideration should be given to the financial aspects of the request as it may lead to a reduction in income. The reduction in salary or allowances may also affect pension, and members of staff are advised to seek independent professional advice.
6.The Application Process
6.1All members of staff who seek part-time or flexible workingarrangementsin relation to an advertised post will receive equal treatment with full-time applicants.
6.2Any member of staff who wishes to apply for part-time or flexible working in their current post should discuss their needs informally with their line manager as early as possible. Members of staff should be prepared for the process of changing to part-time or flexible working in their current postto take up to three months to complete.
6.3Formal applications for part-time and flexible working should be made on a ‘Part Time/Flexible Working Application Form' and sent to the Area Commander/ Head of Department. A blank form can be found below
6.4Area Commanders/Heads of Department will evaluate individual applications against the criteria listed at 6.2 above, and will attempt to accommodate the request for part-time or flexible workingwherever practicable, subject to the needs of the service. Whilst every consideration will be given to the needs of the individual member of staff, Area Commanders/Heads of Department will only approve hours and rosters which are not detrimental to the overall performance of the area/ department.
6.5Area Commanders/Heads of Departments may recommend to the Director ofHuman Resources that a post should be designated for part-time flexible working. However, individual postsdo not need to be considered for part-time or flexible workingarrangements until a request to work flexibly or on reduced hours is received from a member of staff.
6.6Special posts will not be created simply to accommodate part-time and flexible working.
6.7Members of staff whose requests for part-time or flexible working have been approved will sign a Part-time/Flexible Work Service Level Agreement which sets out agreed working hours and any other flexible arrangements. Members of staff with part-time or flexible working arrangements will be expected to demonstrate the same commitment as full-time members of staff and there may be occasions when they are required to vary their working hours.
6.8The first two months of any part-time or flexible workingarrangement should be seen as a trial period during which both the member of staff and the force can assess the suitability of the newarrangements. If the trial period is unsuccessful for either party, the member of staff will be invited either to return to a full-time post, or be assisted in finding an alternative part-time or flexible workingopportunityelsewhere in the organisation. Every effort should be made by both parties to try to reach a successful work solution.
6.9A member of staff can apply to revert to full time/regular hours, but approval will depend upon the needs of the organisation. Although the Constabulary will try to support such requests, approval cannot be guaranteed.
6.10In cases where one job share partner leaves, the other partner may be given the opportunity to increase their working hours.
6.11Details of all applications for part-time and flexible working, and the decisions taken, should be recorded on the Part-Time and Flexible WorkingRegister, located on the Human Resources shared drive. These records should be maintained bythe appropriate Area and HQ HR Officers/Managers.
6.12All decisions in relation to part-time and flexible workingarrangements must be notified to the member of staff in writing, with a copy to Personnel Department.
7.Unsuccessful Applications and Appeals Process
7.1In cases where Area Commanders/Head of Departments do not feel able to approve a request for part-time or flexible working, theymust seek advice from the Director ofHuman Resources before notifying the member of staff concerned. The HR Department will act as mediators to resolve any problems which arise as a consequence of this decision.
7.2Reasons for declining a request for part-time orflexible workingmust be based around the criteria set out in this policy (see 6.2 above). When declining such a request,Area Commanders/Head of Departments must be aware that the reasons given must be capable of scrutiny in any subsequent action under Equal Opportunities legislation.
7.3Members of staff who make a request for part-time or flexible working in accordance with this procedure, and believe they have been unreasonably refused, should raise their issue via their Line Manager.
If a response is not provided within 28 days from the date of the request, or if the member of staff remains unhappy with the decision, they should put their concerns in writing to the Director ofHuman Resources. This should be done within 10 days ofreceiving a response from the line manager, or within 10 days of the 28-day expiry date. If the alleged failure to consult is the responsibility of the Director ofHuman Resources, the member of staff should refer the matter in writing to the Assistant Chief Officer.
7.4Staff who have a disability or health condition which impairs their ability to submit a written statement can request the assistance of their Line Manager, a First Contact Adviser or Trade Union or Staff Association Representative.
8.Support structures
Support for members of staff with part time or flexible working arrangements is available in the first instance via the individual’s line manager or Area H.R. Manager. The Part Time Working Group, which meets quarterly at HQ, has a representative in each of the force’s operational areas.
9.Monitoring
9.1Part-time and flexible working arrangements will be reviewed annually by Areas/Departments to assess their continued suitability in meeting the needs of the force, in accordance with force procedure.
9.2The central register of all part-time and flexible workingapplications on the shared HR drive will be used to monitor the number of requests for part-time and flexible workingreceived across the force.
9.3The number of refused applications, together with the reasons for the refusal, will also be reviewed.
10.Review of procedure
10.1This procedure will be reviewed every 2 years by the Director ofHuman Resources. The next review will take place in June 2008.
Appendix 1 – Police Officers
1.General Terms and Conditions
1.1The police regulations governing full-time officers in respect of recalls to duty, compulsory overtime, transfers within the force, shift working and unsocial hours, rest days and public holidays, will generally apply in the same way to officers who have a part-time or flexible working arrangement. Pay, allowances and pensions provisions will apply on a pro rata basis.
2.Placement of officers who have flexible working arrangements
2.1Initial and subsequent postings will be at the discretion of the Chief Constable with the intention of ensuring the best use of all resources.
2.2When determining an appropriate posting for an officer who workspart-time or flexible hours, the needs of the area/department as well as the needs of the individual will be taken into account.An officerwho workspart-time or flexible hours will carry out the same duties and deployments as a full-time officer occupying the same post.
2.3Officers who have part-time or flexible working arrangements will be eligible to apply for specialist posts or promotion, in accordance with force policy. They will be given equal consideration with their full-time colleagues, although the needs of the force, together with an individual officer’s career development will be taken into account.
Where it becomes clear that a post is unsuitable for part-time or flexible working, the officer may be required to transfer to part-time or flexible duties in another post, or may elect to revert to full-time regular working.
2.4Officers who work part-time or flexible hours may be subject to transfers in the same way as full-time officers. Part-time and flexible working arrangements will not form part of a job description, and should not be seen as being attached to specific posts.
2.5An officer in the federated ranks will not be transferred back to full-time service without full consultation.
3.Pay and Leave
3.1Members of staff with part-time or flexible working arrangements will be paid at the same hourly rate as full time members of staff in the same post. Annual salaries will be calculated on a pro rata basis.
3.2A standard formula is applied when calculating rates of pay for police officers working part-time hours: -
Annual Salary x Contracted Part-time hours= Revised annual pay
Full time hours (40)
3.3Officers at all ranks who have part-time working arrangements will receive incremental increases in rates of pay calculated on a pro rata basis.
Officers with part time or flexible working arrangements will receive the same number of days’ annual leave and public holiday leave as full-time officers on a pro rata basis.
3.4Additional advice about all aspects of pay and leave for officers with part-time and flexible working arrangements is available from the individual’s HR Manager.
3.5Additional hours worked by part-time officers in the Federated Ranks
3.5.1Time off in lieu or overtime premium at the rate of time and one third will be paid for hours worked in excess of scheduled working time where both more than 8 hours is worked on a day,andmore than 40 hours are worked within the week in which the day falls.
3.5.2Where hours are worked in excess of scheduled working time, but at least one of the qualifying criteria (8 hours per day and 40 hours per week) is not met, then payment will be made at plain time rates and an officer will have the option of taking time off in lieu of payment.
3.5.3As with full-time officers, the choice between time off in lieu or payment will be made by the individual officer, subject in the case of time off in lieu, to the exigencies of duty. Where possible, a full-time officer should be asked to work the extra hours or days instead of an officer who works part-time hours.
3.6Rest Day Working
3.6.1Officers on part-time or flexible working arrangements who are required to perform duty on a rostered rest day will be compensated in the same way as full-time officers, depending upon the notice given. The minimum compensation of 4 hours plus travelling time, up to a maximum of 6 hours, will apply.
Examples of working additional hours
An officer who normally works 3 x 8 hour shifts per week (a total of 24 hours per week), is required to work 10 hours on a particular tour of duty but no other overtime that week. The 2extra hours the officer works will be paid at plain time as he/she has not worked in excess of 40 hours in the week.
An officer who normally works 5 x 4 hour shifts per week (a total of 20 hours per week) is required to work 6 hours on all 5 tours of duty one week. The 10 hours extra the officer works will be paid at plain time, as he/she has not worked either in excess of 8 hours on any tour nor over 40 hours in the week.
3.7Recall to Duty - Free Day
3.7.1Where 15 days notice has been given, the only compensation will be another non-working day in lieu. Where less than 15 days notice is given, officers' compensation will be paid at plain time rates, except where the overtime threshold is reached.
3.8Recall to Duty - Working Day
3.8.1Officers with flexible working arrangements who are recalled to duty on a rostered working day will be paid at time and a third with minimum compensation of 4 hours, plus travelling time.