Flexible Working Policy

Effective Date: 14 September 2026

Review Date:  14 September 2027, or earlier following any relevant legislative or statutory guidance change

1. Purpose

Highway Data Systems Limited (HDS) recognises that flexible working can help employees balance work with personal responsibilities and circumstances while supporting employee wellbeing, recruitment and retention.

HDS will consider requests for flexible working fairly, reasonably and consistently, taking account of both the employee’s circumstances and the operational requirements of the business.

This policy explains how employees may make a statutory request for flexible working and how HDS will consider and respond to requests.

This policy does not form part of the employee’s contract of employment and may be amended from time to time.

Nothing in this policy reduces any statutory employment right.

 2. What is Flexible Working?

 Flexible working may involve a change to:

• the number of hours worked;

• working days;

• start or finish times;

• working patterns;

• place of work; or

• another aspect of when or where work is performed.

 Examples may include:

• part-time working;

• altered start and finish times;

• compressed hours;

• job sharing;

• homeworking;

• hybrid working;

• term-time working; or

• another agreed working pattern.

 Not every form of flexible working will be suitable for every role.

3. Eligibility

 All employees have a statutory right to request flexible working from the first day of their employment.

 The statutory right is a right to request flexible working and does not automatically give an employee the right to the particular working arrangement requested.

 HDS will nevertheless approach every request with an open mind and consider what may reasonably be possible.

 Employees may make up to two statutory flexible working requests in any 12-month period.

 Only one statutory flexible working request may be live at any one time.

4. Informal Discussions

Employees are encouraged to discuss possible flexible working arrangements with their Line Manager before making a formal statutory request where they feel comfortable doing so.

HDS may agree temporary or informal flexible working arrangements without requiring the statutory procedure to be followed.

An informal arrangement does not prevent an employee from using their statutory right where appropriate.

5. Making a Statutory Flexible Working Request

 A statutory flexible working request must be made in writing to the employee’s Line Manager.

The request must state that it is a statutory flexible working request and must include:

• the date of the request;

• the change to hours, times or place of work being requested;

• the date on which the employee would like the change to begin;

• whether the employee has previously made a statutory flexible working request to HDS; and

• if so, the date of any previous request.

 Employees are encouraged to provide any additional information they consider helpful, but they are not required to demonstrate how any potential effect on HDS should be dealt with.

 6. Considering a Request

 HDS will consider every request reasonably, fairly and without unreasonable delay.

 When considering a request, HDS may take account of matters including:

• the requirements of the employee’s role;

• customer and operational requirements;

• staffing levels;

• workload;

• supervision requirements;

• communication and collaboration;

• service delivery;

• health and safety;

• impact on colleagues;

• costs;

• quality and performance;

• whether work can be reorganised;

• whether additional staff would be required;

• the proposed working location; and

• any other relevant circumstances.

 The fact that HDS is a small business may be relevant to the practical impact of a particular arrangement, but requests will not be rejected simply because the Company is small.

 Each request will be considered on its own merits.

 The fact that a flexible arrangement has been agreed for one employee does not automatically mean that the same arrangement will be appropriate for another employee or role.

 7. Consultation

 Where HDS can agree to the employee’s written request in full without further discussion, it may confirm its agreement without holding a meeting.

 HDS will not reject a statutory flexible working request without first consulting the employee.

 Where the request cannot immediately be agreed in full, the employee will normally be invited to a meeting with their Line Manager or another appropriate manager.

 The meeting may take place in person, by video call or, where appropriate, by telephone.

 The purpose of the discussion will be to:

• understand the request fully;

• discuss the potential effect of the proposed arrangement;

• consider the employee’s circumstances;

• identify any operational issues;

• consider whether those issues can reasonably be addressed;

• discuss possible modifications or alternatives; and

• consider whether a trial period may assist.

 HDS will approach the meeting with an open mind.

 A written record of the discussion will normally be kept.

 8. Disability and Reasonable Adjustments

 A request for flexible working may sometimes relate to an employee’s disability.

 The statutory flexible working procedure is separate from HDS’s duty to make reasonable adjustments under the Equality Act 2010.

 Where HDS knows, or could reasonably be expected to know, that an employee may be disabled and the requested arrangement may constitute a reasonable adjustment, HDS will consider its Equality Act obligations separately and will not deal with the matter solely as a flexible working request.

 An employee does not need to use the words “reasonable adjustment” before HDS considers whether the duty may apply.

 9. Equality and Discrimination

 HDS will not discriminate unlawfully when considering flexible working requests.

 Particular care will be taken where a request is connected with matters such as:

• disability;

• pregnancy or maternity;

• childcare;

• caring responsibilities;

• religion or belief; or

• another protected characteristic.

 A request will not be rejected because of assumptions or stereotypes about an employee’s personal circumstances.

 10. Trial Periods

 Where appropriate, HDS and the employee may agree to test a proposed arrangement for a specified trial period.

 The terms and duration of the trial will be confirmed in writing.

 The written agreement will make clear whether the arrangement is temporary for the duration of the trial and what will happen at the end of the trial period.

 The trial will be reviewed before a final decision is made.

A trial period does not automatically extend the statutory decision period. If more time is needed to complete the process, including any appeal, HDS and the employee must agree an extension, which will be confirmed in writing.

11. Agreeing a Request

 Where HDS agrees to the original request, or an alternative arrangement is agreed following consultation, HDS will confirm the decision in writing.

 The confirmation will normally state:

• the agreed working arrangement;

• the date it will begin;

• whether the arrangement is permanent or temporary;

• any agreed review date; and

• any resulting changes to the employee’s contractual terms.

 Unless expressly agreed to be temporary or subject to a trial period, an accepted statutory flexible working request will normally result in a permanent contractual change.

 Where contractual terms change, HDS will confirm the change in writing within the applicable statutory requirements.

 12. Refusing a Request

 HDS will only reject a statutory flexible working request where there is a genuine business reason and, having considered the circumstances and consulted the employee, HDS considers refusal to be reasonable.

 A refusal will be based on one or more of the statutory business reasons:

• the burden of additional costs;

• an inability to reorganise work amongst existing staff;

• an inability to recruit additional staff;

• a detrimental impact on quality;

• a detrimental impact on performance;

• a detrimental effect on the ability to meet customer demand;

• insufficient work being available during the periods the employee proposes to work; or

• planned structural changes to the business.

These are the current statutory grounds on which a request may be refused.

HDS will not simply state a statutory reason without considering whether it genuinely applies to the particular request.

 Where a request is refused, the employee will receive a written decision explaining:

• the statutory business reason or reasons relied upon;

• how those reasons apply to the employee’s request; and

• why HDS considers refusal reasonable in the circumstances.

Where practicable, the decision will also identify any alternative arrangement that HDS considers may be possible.

13. Decision Timescale

HDS will deal with statutory flexible working requests without unreasonable delay.

The entire process, including any appeal, will be completed and the final decision communicated to the employee within two months from the date HDS receives the request, unless HDS and the employee agree an extension. Any agreed extension will be confirmed in writing.

14. Appeal

 Although there is no separate statutory right of appeal under the flexible working legislation, HDS provides an appeal process as good practice.

An employee who wishes to appeal should submit the appeal in writing to the Director, normally within five working days of receiving the written decision. HDS will consider reasonable requests to extend this appeal submission period.

The appeal should explain the grounds of appeal, for example:

• relevant information was not considered;

• new information is available;

• the employee believes the statutory reason relied upon does not apply;

• the employee believes the decision was unreasonable; or

• the employee believes the request was not handled fairly.

HDS will arrange an appeal meeting without unreasonable delay, giving the employee reasonable time to prepare. The accompaniment arrangements in section 15 apply.

The appeal will be handled impartially by someone with authority to change the original decision. Wherever reasonably practicable, this will be the Director or another appropriate manager who was not previously involved in considering the request. If the Director was involved, HDS will arrange for another appropriate manager to hear the appeal wherever reasonably practicable.

The appeal outcome and reasons will be confirmed in writing without unreasonable delay.

Any appeal will be decided and the outcome communicated within the overall two-month decision period, unless HDS and the employee agree an extension.

15. Right to be Accompanied

 There is currently no statutory right to be accompanied at a flexible working meeting.

 However, where an employee makes a reasonable request, HDS will normally allow them to be accompanied by:

• a fellow worker;

HDS should be notified in advance where reasonably practicable.

This reflects current Acas good practice.

16. Failure to Attend a Meeting

If an employee cannot attend a meeting, they should notify HDS as soon as reasonably practicable so that an alternative can be arranged.

Where an employee fails to attend both an arranged meeting and a rearranged meeting without a reasonable explanation, HDS may treat the statutory flexible working request as withdrawn.

If HDS does so, the employee will be notified in writing.

17. Withdrawing a Request

An employee may withdraw their flexible working request at any time.

The employee should confirm the withdrawal in writing.

A withdrawn statutory request may still count towards the statutory limit on requests where required by law.

18. Multiple Requests

Where more than one employee requests flexible working, HDS will consider each request fairly and on its own merits.

HDS is not required to make the same decision for every employee where their jobs, proposed arrangements or surrounding circumstances are different.

Where accepting several requests would create an operational difficulty, HDS will consider reasonable ways of managing competing requests and will avoid discriminatory decision-making.

19. Temporary Changes

Employees may request a temporary rather than permanent change.

Where a temporary arrangement is agreed, HDS will confirm:

• the arrangement;

• the start date;

• the end date;

• any review arrangements; and

• the contractual position at the end of the agreed period.

20. Protection from Detriment and Dismissal

 HDS will not subject an employee to dismissal, disciplinary action, disadvantage or other detrimental treatment because they:

• made or proposed to make a statutory flexible working request;

• exercised a right relating to flexible working;

• raised a concern about the handling of a request; or

• brought or proposed relevant legal proceedings.

 Employees also remain protected against unlawful discrimination.

 21. Confidentiality and Records

Flexible working requests and associated personal information will be handled sensitively and confidentially.

Information will only be shared with those who reasonably need it for the purpose of considering or implementing the request.

HDS will retain appropriate records of:

•  the request;

• consultation;

• the decision;

• any appeal;

• agreed contractual changes; and

• relevant supporting correspondence,

• in accordance with applicable data-protection and record-retention requirements.

 22. Review

 This policy will be reviewed at least annually and sooner where legislation or statutory guidance changes.

Joe Charlesworth

Director - Highway Data Systems Ltd