Explanatory note

• This document is designed to provide guidance to staff on the Hybrid Working Policy/Framework at UoB, whilst this continues to be a live negotiation issue between BUCU and University Management.
  
• In summary, the BUCU position is that as there has been no negotiated change to the existing hybrid working policy (and until that change has been agreed through the correct negotiation procedure) then no line manager can reasonably insist that all staff must be on campus for a minimum of 3 days per week.
  
• Any staff experiencing undue or unwelcome pressure from line managers in relation to hybrid working should join UCU (if they are not currently a member) and/or contact our casework team for support via casework@birminghamucu.org.
  

Introduction

1. On Friday 1st December 2023, VC Adam Tickell announced in an all-staff email that The University (via UEB) had “reaffirmed the current arrangements [for hybrid working]. These are that, for roles where hybrid working is possible, staff are able to work from home up to two days a week, in agreement with their line manager and subject to the needs of the role. This is, of course, not a long weekend and if you are needed on site at any particular time, you must be there”.
   
2. This announcement was not only offensive in tone, it also amounted to a unilateral decision around a change in working practice and is in breach of the established negotiation procedures with the recognised trade union for Academic and Academic-Related Staff. Hybrid working arrangements were previously clearly defined in a Framework document with no reference to a specific number of days per week at home/on campus.
   
3. The subsequent unannounced removal of the Framework for Hybrid Working from the intranet on 6 December 2023 has created significant uncertainty, anxiety and confusion amongst both staff and line managers in relation to pre-existing hybrid working arrangements, and the VC statement provided no specifics to cover part-time staff or those with a non-standard working pattern. The process of taking documents off the internet with no audit trail of changes to wording or review date has been raised at the BUCU’s Joint Negotiating and Consultation Committee (JNCC).
    
4. BUCU are seeing an increase in casework related to hybrid/flexible working requests – and are increasingly concerned that HR are mis-advising line managers to withdraw pre-existing hybrid working arrangements in order to comply with the VC statement on hybrid working (note that this is not policy – it is merely a line in a ‘view from the VC’ email). HR have now shared a revised version of the Framework for hybrid working, and BUCU have serious concerns that this revised version significantly waters down the equalities and other benefits of the prior approach. We continue to insist that the revised version of the framework is properly negotiated and agreed before implementation.
   
5. The Framework for Hybrid Working necessarily interacts with other elements of university policy or processes – notably, the Flexible Working policy and how the University timetables its teaching. Despite a new timetabling system having been rolled out across the institution, there is currently no comprehensive timetabling policy for staff to refer to. BUCU are concerned that different Schools, Colleges and other teaching-related departments are approaching timetabling – and associated requests for flexibility around ‘Academic Availability to Teach’ – in very different ways. BUCU continue to stress that an institution-wide timetabling policy is created (and equality-impact assessed) as a matter of urgency.
   
6. Whilst a separate matter, a revised Flexible Working policy has been published in response to new legislation which came into effect on 6 April 2024. However, despite a comprehensive response by the BUCU Equalities Officer and Anti-disablement Officer to try to improve the policy, the University’s disappointing response was to make only the minimum changes as required to comply with the new legislation. BUCU continue to demand the reinstatement of the Framework for Hybrid Working, and believe that the Flexible Working policy is unfit for purpose without this accompanying Framework document.
   
7. Given this context, this bulletin therefore seeks to provide some guidance for staff on how to handle hybrid working conversations, until such time that the pre-existing Framework for Hybrid Working is reinstated (or revised, agreed, and reinstated following negotiations with the recognised trade unions on campus).
    

Please note that hybrid working is therefore currently a ‘live’ negotiation issue between BUCU and UoB management, and we would advise that staff and line managers do not seek to make changes to working patterns until the negotiations are concluded.  

What is the BUCU position? 

• BUCU do not accept that staff must be on campus for an arbitrary minimum amount of time per week. It is our contention that if you afford staff flexibility, they will be flexible in return. Decisions about the location(s) of work should be based on genuine business need, not simply a vague and nonspecific desire for a “vibrant campus”. 

• BUCU note that in the Terms and Conditions covering Academic and Academic-related staff, there are no defined “Hours of Work”. Line-management should therefore be undertaken on the basis of objective-setting and work-outputs – not on the basis of hours worked and presenteeism.  
  
• Flexibility can – and should – be afforded to staff within each working day (e.g. working from home in the morning and on campus in the afternoon, or taking breaks within the working day for the school run).
  
• The existing Hybrid Working policy was agreed with BUCU and the proposed new policy remains only a proposal that is not yet agreed through the correct negotiating channels. There should therefore be no attempt by line managers to insist that you must adhere to the new policy and be on campus for a minimum of 3 days per week until the proposed new policy has been negotiated and agreed. In the event of undue pressure from line managers, you can join UCU (if you are not already a member) and seek representation via casework@birminghamucu.org. 

The BUCU position was essentially the previous University position 

If, as VC Tickell indicated, UEB had simply “re-affirmed the current arrangements”, then the following principles and EDI considerations (from the removed Framework for Hybrid Working) are the appropriate reference points for line managers and staff.   

Principles of Hybrid working (Extracted from The University Framework for Hybrid Working before it was removed from the intranet)

• no-one should spend 100% of their time working away from their work location;
• arrangements must be to the mutual benefit of the University and the employee and employees must be able to evidence they can work at least as effectively from home as working on campus;
• That we can maintain services and all other activities in the most effective manner to our customers (whoever they may be, i.e. students or colleagues in other Departments/Services, external stakeholders, etc); 
• ensuring there is sufficient time available for in-person team working and collaboration – recognising the diversity of roles at the University and the degree and necessity of this will vary dependent on job role;
• where employees do not work in a team, ensuring there is sufficient time available for in-person collaboration/support;
• that employees are available to attend campus as required and at short notice if necessary;
• that sufficient in-person cover is available to support service delivery through all the working time offered by the service, including (as appropriate to the service, Mondays and Fridays, weekends, Bank Holidays and Closed Days).

However, whilst this previous Hybrid Working Framework was properly negotiated and agreed with BUCU, some points of disagreement remain, and we would additionally note the following:

• In relation to the assertion that no-one should spend 100% of their time working away from their work location – BUCU believe that in some circumstances (such as health-related conditions or disabilities) then 100% home-working may be appropriate and should not be discounted without due consideration.   
  
• In relation to the assertion that employees must be able to evidence they can work at least as effectively from home as working on campus –  BUCU do not believe the burden of evidencing this should be on the individual employee. The majority of the AOR staff community have already evidenced their effectiveness at working from home throughout the last 4 years and through incredibly challenging circumstances. The assumption should therefore be that home working is indeed as effective as working on campus, and the normal performance monitoring measures of regular 1-1s and annual PDRs remove the need for employees to provide any additional evidence.   
  
  

EDI Considerations (Extracted from The University’s Hybrid Working Guidance for Line Managers before it was removed from the intranet): 

Greater flexibility in where work is undertaken has a number of positive benefits for staff work-life balance. Focusing on the Equality Act 2010 and the protected characteristics, the hybrid working model has particular benefits in terms of promoting greater equality, as it can potentially:

• Enable staff with caring responsibilities to better manage those commitments alongside their working commitments, for example by reducing time spent commuting between home and campus. This is likely to particularly benefit female staff-as they typically undertake more caring responsibilities than males-whilst also potentially enabling male staff to have more engagement in caring
• Normalise flexibility for a much wider range of staff, thereby challenging and changing the potentially negative implications of flexibility being perceived as the preserve of female and/or more junior members of staff
• Encourage a greater focus on outputs rather than inputs, which may in turn encourage amore objective assessment of contribution and reduce incidences of unconscious bias
• Support a smoother transition back to work after a period of family leave
• Help female staff better manage the physical impacts of female-specific experiences, such as pregnancy, breast-feeding and menopause

These benefits would positively impact upon the achievement of the University’s Equality, Diversity & Inclusion Scheme objectives and its Athena Swan Charter objectives, in relation to improving the attraction, progression and retention of female staff. 

Staff with disabilities and staff with a range of physical and mental health conditions may also find a balance between campus and home working more beneficial than on-campus working only. (Note: reasonable adjustments agreed on an individual basis for staff with disabilities would sit outside of the Framework arrangements). 

Given the limitations of dedicated spaces on campus, staff who undertake religious observances during the working day (such as prayer times) may also benefit from home working in this regard.

What should I do if I feel my line manager is being unreasonable in relation to hybrid working? 

If you feel comfortable doing so, you can state the BUCU position as outlined above. You can copy in our casework team via casework@birminghamucu.org. Alternatively, if you get in contact via this email address, we can send an email to your line manager on your behalf. 
There are also other external reference points which you can use to help you make your case for your continued hybrid working pattern, such as research being undertaken at Lancaster, particularly exploring disabled workers experiences.