Employee profiles
How do I go about changing the employee profiles for my team members if I think they have been identified incorrectly?
Please discuss any changes to employee profiles with your manager as these have been determined by heads of service. If a change is approved by your head of service, please confirm this to HR Services, email pay@derbyshire.gov.uk
Are employee profiles assigned to the role or the post holder at the time?
The profile has been assigned to the role, however where reasonable adjustments aligned to equality considerations justify the need to work from home, advice should be sought from occupational health. This would only be considered where there is a legal obligation to consider flexible working or aligned to the Equality Act, or where this supports a genuine business need and in accordance with the approvals process outlined within the working arrangements policy.
How can I see what employee profile and base location applies to me or my team members?
This is not currently available on Workplace so should you have any questions in relation to the employee profile please discuss this with your Head of Service.
For flexible employees, what time period is the minimum one day a week working from your nominal base averaged over?
The policy is not prescriptive, and leaders should use their judgement to determine the most appropriate way for their teams to operate against the framework.
Does the requirement for flexible employees to spend a minimum of one day a week at their nominal base also apply to part-time employees or is this pro rata?
The minimum one day a week is based on full time employee and therefore the minimum requirement for a part time employee is pro rata to their working hours.
Can flexible employees attend any council base as part of their minimum one day a week requirement, or does it have to be their nominal base?
An employee can attend other work locations as business needs require them to however this would in addition to the requirement to attend their base, as outlined in the policy ‘colleagues are typically expected to spend a minimum of one day per week averaged over time, at their nominal base or a defined locality within the county.’ An employee’s base or locality has not been changed as a result of this exercise and therefore they should attend their base or locality as outlined in their contract for at least one day per week averaged over time.
Can services enforce a requirement for flexible employees to work from their nominal base for more than the minimum of 1 day a week?
It is recognised that that no week is the same for many colleagues and as such, some weeks colleagues may have a higher physical presence in the workplace than others. Similarly, business and service need may dictate the need for colleagues to spend all of their working week in the workplace at times.
Managers have autonomy to determine their service operating model to ensure the most effective delivery of the service. Managers will seek to balance the flexibility for employees and service need, engaging with team members to take into account employee’s perspectives. However, it is reasonable for a manager to ask an employee to come into the workplace both in line with the service operating model and in addition to usual working arrangements when required.
How can we change the nominated base for employees and can the nominal base be changed to the base nearest to your home?
It is not anticipated that changes will be required to base locations as a result of the introduction of the Working Arrangements Policy and to confirm contractual base locations have not been amended by the implementation of the Working Arrangements Policy.
Base locations will not be amended to reflect the location closest to an employee’s home however on occasion due to business need the Council may need to change an employee’s base and should this be required employees will be consulted on the changes in accordance with our processes. Should there be business reasons for a change to base please discuss any changes to base locations with your manager and Head of Service in the first instance.
Are fixed-base employees able to work from home at all?
Fixed-based employees have a specified fixed base that they have to work from as their duties are linked to a base location. Employees are required to be based at a specified location on full time contracted basis and are unable to deliver their role from home or remotely.
Is there a minimum percentage of work time spent in the field needed to be classed as a field-based employee?
A field-based employee should spend the majority of their working time working out in the field as the nature of their work requires them to travel and undertake duties at a variety of locations dependent upon the activity being undertaken.
For field-based employees, what is defined as 'infrequent', in terms of attending their nominal base and will it still be possible for managers to seek to ensure field-based employees do attend their nominal base to keep in touch with colleagues in their team?
Yes, managers should determine the regularity and requirements for field-based employees to attend their nominal base and it is reasonable for a manager to ask an employee to do so.
Health, safety and wellbeing
If the working from home risk assessment shows that a team member’s home working environment is not suitable, what should the line manager do?
The line manager should discuss with the employee the reasons why the environment is not suitable and if any mitigations or actions can be agreed to make it a safe or suitable environment. If after discussion it is agreed that there are not sufficient mitigations to make it safe and suitable and it remains an unsafe or unsuitable working environment, then the employee would be required to work from an office base where the workspace is suitable and safe.
If someone has had an Occupational Health assessment and been provided with a particular chair in the office, are they deemed to require the same at home?
If an employee has a disability as defined under the Equalities Act and has specialist equipment issued as a reasonable adjustment, then this may well need to be replicated at home and they should be referred to Occupational Health for an assessment. Other than this, in line with the guidance issued, people working at home require a chair that allows them to maintain a comfortable, sustainable posture while working. If someone has a medical condition or injury, they can be referred to Occupational Health for an assessment and advice. Any additional equipment that is not linked to a reasonable adjustment under the Equalities Act will be a departmental responsibility.
What happens if a colleague has been identified as a flexible employee but has an occupational health report which supports their working from home? Does the minimum one day a week at a base still apply?
To be considered as a home employee as a reasonable adjustment under the Equalities Act, employees should gather any supporting evidence (for example, an Occupational Health report) and submit this with a request to be considered a home-based employee initially to their line manager. The line manager should discuss the request with the employee and then submit the request with their comments to their HR Business Partner. The HR Business Partner should gather any additional information relevant to the request from any subject-matter experts (relevant to the reasons submitted, including occupational health requests based on medical conditions) before passing the request to the Executive Director for approval or rejection.
Are colleagues required to have business insurance if they are working from home?
It is not a council requirement for employees to hold home insurance to work from home. Home insurance is the employee’s responsibility. An employee who chooses not to have home insurance does so at their own risk.
Where an employee has a home insurance policy, it is strongly recommended that they check with their insurer that working from home will not invalidate their policy. All insurers have different positions on this cover, although most policies now include homeworking as standard. An employee should contact their insurer if there is any doubt that their policy covers this risk. This is to avoid being refused cover in the event of making a claim. An employee with home insurance which doesn’t include homeworking may continue to work at home at their own risk or discuss alternative office working arrangements with their line manager.
Are employees required to ensure any Derbyshire County Council equipment is covered by their home insurance or is this insured and covered by Derbyshire County Council?
Council-owned property does not need to be included in the employee’s home insurance policies. The council’s insurance policy covers the authority’s computers while in the employee’s home or in transit. This is subject to a £250 policy excess per incident which is payable by the employing department in the event of a loss. There are important conditions of cover which are detailed in Section 10 of the Working Arrangements Policy. The council accepts the risk for all other council-owned property kept at the employee’s home with permission.
Travel policy
If travel time is after 7pm is it still at plain time?
Travel time in excess of your normal commute to and from work outside 7am to 7pm is paid at plain time.
Travel time undertaken travelling from duty to duty will be paid at the appropriate rate as this is paid working time. For example, if a Care Worker in the Community travels form client A to client B from 7pm to 7.30pm, they would get 30 mins paid at time plus 1/3rd.
For those using the flexi scheme, does the part of a journey that commences before 7am, or after 7pm, fall outside the 'reductions' in terms of regular commute?
Any regular commute travel time is to be deducted from the claimable working time from the first or last journey of the day. For example, if your normal commute to work takes 30 minutes and you are required to start duty at 7am, you would leave your house at 6.30am, claiming working hours from 7am.
For field-based employees, how does 5 miles equate to 30 mins of travel time?
These are treated separately for the purposes of claiming either mileage or travel time. You do not have to meet both criteria to claim one or the other. Travel time is dependent upon where you live the roads you travel on and the time you travel.
If flexible employees travel to an alternative work location rather than their usual base, do they deduct their normal home to base mileage?
As outlined in the Travel Policy, if a flexible employee is required to travel to an alternative work location, they are eligible to claim as follows:
- if mileage is greater than the miles to travel to an employee’s base - you can claim all mileage over and above your normal commute. You are required to deduct your usual mileage from home to your base from your first journey and from your base to your home on the return journey
- if travel time is greater than the time to travel to an employee’s base - you can claim the additional time as plain time. You are required to deduct your usual travel time from home to your base from your first journey and from your base to your home on the return journey. All travel time is paid at plain time.
Do mileage and travel time deductions apply to subsequent journeys made from home if you have already undertaken a journey and returned home that day?
If you choose to travel back home during the day or to another location and return to your base or duty, you cannot claim for the additional mileage, public transport fees or travel time.
If the nearest work location is your home, then it is reasonable to return home and then any subsequent journeys would not be subject to a deduction. Employees should seek to plan their journeys in the most cost effective and efficient way to avoid multiple journeys utilising workspaces where possible at alternative work locations.
If an employee starts work at home and then travels to a place of duty, do they claim travel time?
If you start work at home first and are required to travel to your base or any other place of duty you should always deduct your normal home to base milage in line with travel arrangements aligned to your employee profile.
How does the payment of time fit in with teachers pay and conditions?
This applies to a large group of peripatetic teachers in ISS (SEN support services)Teachers terms and conditions specify a number of hours per year (usually 1,265 worked over 39 weeks) which is directed time. Any travel time which is payable under the new travel policy would be part of that allocation.