Contents
1 Introduction
The trust recognises that employees may wish to request flexible working arrangements for a variety of reasons, and is committed to facilitating such opportunities wherever the employee’s preferred working arrangements can be balanced with the business needs of the trust, and the trust’s commitment to providing a quality service. The trust views flexible working as an integral approach to supporting the healthy work or life balance of employees, whilst continuing to deliver excellent services.
While employers are required to consider flexible working requests by law for all employees with at least 26 weeks continuous service, the trust is committed to considering request from all employees, irrespective of their service, which also includes discussions or requests during the recruitment process.
The flexible working process for all staff regardless of their length of service, incorporates the statutory requirements.
All flexible working applications must be concluded within three months from the date of application including any appeal, unless express agreement has been documented with the employee.
2 Purpose
The purpose of this policy is to inform and provide the necessary information to employees of the options, the general conditions of eligibility and the application process with regard to flexible working patterns.
If approved this will result in a change in their contract of employment with the organisation.
3 Scope
All employees, irrespective of their service can submit a flexible working request and all requests, irrespective of the length of service, will be given equal consideration.
All requests will be given full consideration and no reasonable request will be refused. However, in certain circumstances the needs of the organisation may not allow for the request to be granted. If a request is denied, a full and detailed reason for the refusal will be given in writing to the employee and the reason must comply with one of the legal reasons for refusal as detailed below in section 5.4.
4 Responsibilities, accountabilities and Duties
4.1 Employees
Prior to submitting any request for flexible working arrangements, employees must consider the potential impact of their request on the service, and whether there are any ways in which this can be mitigated.
Employees also have a responsibility to consider the impact on their own terms and conditions.
Employees should consider what alternative working arrangements to their ideal might work in order to engage in a helpful dialogue about flexible working opportunities.
4.2 Line managers
Line managers have a responsibility to ensure that this policy is communicated to their teams or staff and that they are aware of flexible working opportunities within the trust and our commitment to supporting flexible working requests wherever possible.
Line managers have a responsibility to promote and implement employment practices in accordance with this policy which support the wellbeing of staff and enable a healthy work or life balance to be maintained.
Line managers should consider all requests for flexible working fairly and reasonably in accordance with legislation and reflecting the supportive cultural approach of the trust.
Line managers must be able to demonstrate what consideration has been given to each request submitted to them.
Where requests have not been authorised, the manager must clearly outline the reasons why the request cannot be accepted in writing, including any alternative arrangements that have been considered.
If an employee’s request cannot be facilitated, managers must consider whether an alternative arrangement can be made, which will suit the needs of both the employee and the needs of the service.
Line managers must not discourage employees from submitting a flexible working application. This includes during recruitment processes, both internal and external. Queries regarding any flexible working request should be discussed with the HR team, inclusive of recruitment process advice.
4.3 Human resources department
The human resources department will provide advice to Line managers, and employees concerning the application of this procedure to ensure compliance with the relevant legislation and organisational values and principles.
5 Procedure or implementation
5.1 Definitions
| Acronym | Long form |
|---|---|
| Flexible working | Covers a range of flexible working patterns and practices that allow staff to adjust their working arrangements to combine work with other responsibilities. Employees should not assume that the benefits which are listed below will be approved following a flexible working application as this is dependent on service need and the requirement to ensure continued service provision. All of the benefits are listed for illustrative purpose to aide employees when submitting flexible working requests. The summary of benefits detailed below is not exhaustive and are detailed in the agenda for change terms and conditions of service and may be covered in greater detail in other policies and procedures |
| Part time working | Contracted to work less than full time hours for the post on a permanent basis |
| Part time working or voluntary reduced working hours (permanent or temporary) | Contracted to work less than full time hours for the post on a permanent basis An arrangement that enables employees to work reduced hours for either a specified period of time or on a permanent basis. Employees would have their salary reduced accordingly |
| Job share | Two (or more) people undertaking one role on a shared basis to cover a full time position within the organisation in a seamless manner |
| Time off in lieu | This is an arrangement whereby if a member of staff works extra hours over and above their contracted hours during busy periods, they can request to take the time back at a mutually convenient time. For a long standing arrangement this must be authorised by the employee’s line manager under the flexible working legislation, otherwise arrangements may be made in accordance with the rostering policy. For further guidance and the restrictions linked to time off in lieu please refer to the rostering policy and procedure. |
| Compressed hours | Working full time hours over fewer days. Employees must ensure the proper rest breaks are taken in accordance with the working time regulations |
| Annualised hours | Annualised hours gives both the employee and the organisation flexibility to vary their patterns of work across the year according to service and individual need. The hours of work would be spread throughout the year with fewer hours worked at less busy periods and more when the service need is greater |
| Term time or school time working | Term time working is when staff work term time only and do not work at all during the school holidays, but are paid all year round at a pro-rata rate. A term time only contract does not exceed 39 weeks of the year, allowing for at least 13 weeks school holidays each year. The employee’s salary payments will be pro-rata to 39 weeks of the year and will include pay for annual leave. Salary payments will be distributed equally over twelve monthly payments. Employees on term time only contracts are not generally allowed to take annual leave during term time. However, managers can agree a different pattern of annual leave or authorise unpaid leave in exceptional circumstances |
| Flexible retirement | The flexible retirement scheme includes a range of alternatives available for people as they approach retirement. Further information can be found on the intranet within leaving employment policy and procedure |
| Employment or career breaks | Employees can apply for a career break which enables the employee to take an employment break whilst still retaining their contract of employment with the organisation. The minimum break period will be three months with a maximum of five years. This could be to care for children, a dependent relative, to undertake further education or other substantive personal reasons. Staff on career breaks will not normally be allowed to take up paid employment with another employer except where, for example, work overseas or charitable work could broaden experience. The break is unpaid but it does not count as a break in service. Further guidance can be found within section 34 of the agenda for change terms and conditions handbook. Employees must have a minimum of 12 months NHS service in order to apply for an employment or career break |
| Flexible working | Flexible working allows employees to vary their actual working hours. This means that employees can vary their start and finish times to better fit their domestic responsibilities, travel arrangements or for work purposes |
| Change of base point | Employees may request a change to their contracted base point |
| Flexible rostering | Flexible rostering allows employees to use periods of work of differing lengths within an agreed overall period |
| Homeworking | Tele-working, employees may request to work from home for all or part of their hours with a computer or telecommunication link to their organisation |
| Hybrid working | Hybrid working links into homeworking or tele-working, this is where an employee works from home part of the week and in the office for the remainder. |
| Fixed work patterns | Where an employee has fixed work patterns, a request can be made for an irregular working pattern or days off, by agreement with their manager, for example, separated parents to have access to their children and flexible rostering |
| Additional unpaid leave entitlement | Additional unpaid annual leave may be agreed with the employee’s salary recalculated to take account of the extra leave (additional leave may also be agreed as part of an annual hour’s agreement) |
| Self rostering | Employees can choose what shifts they work on the roster system providing the chosen shift pattern meets their contracted hours of work |
5.2 Entitlements
A colleague has a right to request flexible working in respect of working hours, working time, or work location. This will normally be a permanent variation to his or her contract of employment. However, although the statutory regulations state that the variation to contract will be of a permanent nature, managers have the discretion to offer the variation on a temporary basis, for instance where an employee has to make alternative arrangements for childcare or caring responsibilities, for study, this would be subject to a review, as it is recognised that both the service and individual’s needs may change over time and that a temporary change may be of mutual benefit. In such circumstances, it is advisable that both parties to the proposed agreement have sought advice beforehand and that the agreement is explicitly documented. A temporary flexible working agreement should be reviewed at three months to see whether the employee still wishes to continue with the application and whether it still meets the needs of the service, at this point a meeting should be had to confirm it is a permanent change to the employee’s terms and conditions.
The trust recognises that circumstances may change over time therefore there is no limit on how many flexible working requests a staff member can make throughout their employment within the trust.
Once an agreement is made on a permanent basis, the employee has no automatic right to revert to their original working pattern.
5.3 Procedure
The procedure outlined below should be followed when applying for flexible working patterns. The procedure has also been demonstrated within a flow chart in appendix C, it is recognised that the legislation requires that all requests for flexible working, including any subsequent appeals are addressed within a three month time period. The three month time period commences on the date the application is received. The timescales detailed below are indicative and aim to provide guidance to both employees and managers but the managers must ensure that all requests (including appeals) are processed within a three month time period. If for some reason the request cannot be dealt with within three months then the trust can extend this time limit, provided the employee agrees to the extension.
The employee must apply by completing the relevant application form (appendix A) and returning it to his or her manager. The application will specify the change requested, the date the change is proposed to become effective, what effect this may have on the employer, how it may be mitigated and the reason for the request.
Within 14 days of receipt of the application (unless otherwise agreed between the manager and the employee), the manager will meet with the employee to discuss the request. The employee is entitled to be represented at the hearing or meeting by a companion. The chosen companion may be a fellow trust employee, a trade union representative, or an official employed by a trade union and the manager may choose to be supported by a representative from the human resources department.
The manager will communicate the outcome of his or her decision by completion of section D on the application form (appendix A) and by putting their decision in writing within 14 days of the meeting (unless otherwise agreed by both the manager and the employee and in any event the decision along with any appeal process must be concluded within three months in line with flexible working legislation). The manager may be unsure whether a flexible working arrangement is suitable, and they may consider suggesting a trial period to the employee after which time the arrangement will be reviewed and either rejected or granted. This must be done with the agreement of the employee.
If the request is refused, the manager will provide written reasons consistent with the criteria set out below for the decision. In such circumstances, the employee will be offered the right to appeal (see below):
- the refusal of any request must be one or more of the legal reasons for refusing requests (see rejecting an application below)
- the manager must be able to demonstrate the request has been reasonably considered and that the decision is based on facts and not personal opinion
Copies of all correspondence must be placed on the employee’s personal file.
All changes to an employee’s terms and conditions of employment as a result of a flexible working request will be permanent unless they are specifically agreed for a temporary period, such as an informal flexible working request, for example, an agreed change not under the formal process, agreed between an employee and their line manager for instance. At the end of the temporary period, the employee will revert to their previous working arrangements unless an extension is expressly agreed by both parties. All flexible working agreements regardless of whether informal or formal should be confirmed in writing to the employee and recorded on ESR and health roster as appropriate.
Where flexible working arrangements no longer work in line with the needs of a service, it may be necessary to consult with staff regarding their formal flexible working arrangements. Where this is necessary, the change management policy will be applied.
Employees are responsible for ensuring that they understand the impact the change may have on their terms and conditions of employment, including pay, their occupational pensions and, or pension contributions.
5.3.1 Requests for flexible working arrangements from a number of employees in the same team
There may be some occasions, when a manager receives more than one request to work flexibly close together from different employees. Where this happens it may be possible to grant all of the requests received. However, before doing so the employer will need to carefully consider the impact this would have on the trust or team-area of work before coming to a decision.
Requests should be considered in the order they are received. Having considered and approved the first request the manager should remember that the context has now changed and can be taken into account when considering the second request against the business reasons set out at section 5.4.
When a manager receives more than one request, they are not legally required to make value judgements about the most deserving request. The manager must consider each case on its merits looking at the business case and the possible impact of refusing a request. An employer may want to have a discussion with the employees to see if there is any room for adjustment or compromise before coming to a decision.
5.4 Rejecting an application
Applications for flexible working will only be refused for one or more of the following reasons as defined by the flexible working legislation:
- burden of additional costs
- detrimental effect on ability to meet consumer demand
- inability to re-organise work among existing staff
- inability to recruit additional staff
- detrimental impact on quality
- detrimental impact on performance
- insufficiency of work during the periods the employee proposes to work
- planned structural change
- detrimental effect on ability to meet patient or service user demand
The job suitability questionnaire (appendix B) is a useful tool for the employee and line manager to complete separately and then to discuss together, however it should not be used as the only indicator for accepting or refusing an application. Managers are expected to demonstrate that each request has been given serious consideration.
If a manager is unable to approve a request in an environment where a number of other employees are already working flexibly because any further flexible working arrangements will impact adversely upon the trust, the manager may consider asking staff with existing flexible working arrangements if their working patterns still suit them and if anyone wishes to make any changes at that time which might facilitate the acceptance of a new request. For example, emails to the team to ask if anyone currently on part time hours wishes to take on extra hours which might enable another colleague to reduce their hours. There would be no expectation of existing colleagues to agree to this however.
If a manager is planning to refuse a request for flexible working they should first take advice from an HR representative
If a request for flexible working is refused the member of staff will ordinarily not be able to make the same request for a period of 6 months from the initial date of the request. If circumstances change further requests will be considered.
5.5 Appeals process
- Should an employee wish to appeal against the decision, they must notify their manager within 14 calendar days of being notified in writing of the outcome of the flexible working request, stating the grounds for their appeal.
- On receipt of the appeal, it will be acknowledged in writing and an appeal hearing arranged
- The appeal meeting must take place within 21 calendar days of the notice of the appeal and will be heard by the next level of management who will be supported by a member of the HR Team. Particular notice must be taken of the length of time that the process has taken from the point of application. The full process must be concluded within three months. The appeal will not be chaired by a manager below the level of a service manager or department manager (8a and above) if the original decision was made by a service manager or department manager the appeal will be heard by a corporate head of service, care group nurse director, care group medical director, care group director or director or the chief operating officer or chief executive if the original decision was made by a care group director or director.
- For the purpose of the appeal, the original manager will be expected to complete a statement of case, explaining the reason for the refusal of the application and the details of considerations and any alternative arrangements that might have been considered and or discussed.
- The employee is entitled to be represented at the appeal hearing by a companion. The chosen companion may be a fellow trust employee, a trade union representative, or an official employed by a trade union.
- The decision will be communicated to the employee within 7 calendar days.
- The decision is final and there is no further right to appeal.
6 Training implications
6.1 Existing staff
- How often should this be undertaken: Once.
- Length of training: 5 minutes.
- Delivery method: Daily communications.
- Training delivered by whom: HR Department.
- Where are the records of attendance held: Not applicable.
6.2 New staff
- How often should this be undertaken: Once.
- Length of training: 25 minutes.
- Delivery method: All employment policies are signposted in induction packs.
- Training delivered by whom: HR Department.
- Where are the records of attendance held: Electronic staff record.
6.3 Managers
- How often should this be undertaken: Once.
- Length of training: 1 day.
- Delivery method: Local induction (new staff) and via agreed communication channels (existing staff).
- Training delivered by whom: Service managers and others who line manage.
- Where are the records of attendance held: Electronic staff record.
7 Monitoring arrangements
7.1 Appeals against flexible working decisions
- How: Monitoring sheets (HR database).
- Who by: Head of HR.
- Reported to: Care group governance meetings or people and organisational development committee.
- Frequency: Annual.
7.1 Flexible working requests
- How: ESR or health roster.
- Who by: Head of HR.
- Reported to: Policy forum.
- Frequency: Quarterly.
8 Equality impact assessment screening
To access the equality impact assessment for this policy, please see the overarching equality impact assessment.
8.1 Privacy, dignity and respect
The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.
As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).
8.1.1 How this will be met
Not applicable.
8.2 Mental Capacity Act 2005
Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals capacity to participate in the decision making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.
Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the rights of individual are protected and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.
8.2.1 How this will be met
All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).
9 Links to any associated documents
- Grievance and dispute policy
- Leaving employment policy and procedure
- Rostering policy and procedure
- Change management policy
10 References
- NHS England we are the NHS people plan for 2020/2021 action for us all (opens in new window).
- Flexible working NHS employers (opens in new window).
- NHS England looking after our people retention featured case studies (opens in new window).
- Supporting staff to work for longer NHS Employers (opens in new window).
- CIPD.
- Flexible working practices, factsheets, CIPD (opens in new window).
- ACAS code of practice 5 handling in a reasonable manner requests to work flexibly June 2014.
- Agenda for Change Terms and Conditions of Service Handbook, Part 5 Section 34 and section 36 Children and Families Act 2014.
- Employment Act 2002.
- Equality Act 2010.
11 Appendices
11.1 Appendix A Flexible working application form
11.2 Appendix B Job suitability questionnaire
11.3 Appendix C Flow chart of application procedure
- Employee completes the flexible working application form (appendix A) and gives or sends to line manager.
- Line manager must acknowledge receipt of flexible working application form as soon as possible by issuing a letter and gives or sends to employee.
- Line manager arranges a meeting with employee within 14 days of receipt of application ensuring that the employee is aware they have the right to be accompanied by a companion. The line manager may choose to have human resources present at the meeting.
- Following the meeting, the line manager makes a decision as to whether the flexible working application can be granted within 14 days.
11.3.1 Application granted
- Line manager completes section D of the flexible working application (appendix A) and gives or sends to employee confirming new working pattern.
- Line manager notifies the pay services department of the change via a contract variation actioned on the portal (if required).
- Copy of acceptance form to be placed on employee’s personal file.
11.3.2 Application rejected
- Line manager completes section D of the flexible working application (appendix A), gives or sends to employee declining new working pattern outlining reasons for rejection and notifying of right to appeal. Copy to be retained on employee’s personal file.
- employee doesn’t appeal, process concluded
- Employee appeals.
- Employee invokes the right to appeal against the decision to decline the flexible working application and appeal hearing convened (see section 5.5).
- Decision from appeal hearing communicated to employee in writing within 7 calendar days. This decision is final.
Document control
- Version: 6.1.
- Unique reference number: 240.
- Date ratified: 8 January 2024.
- Ratified by: Corporate policy approval group.
- Name of originator or author: Senior HR advisor.
- Name of responsible individual: Corporate policy approval group.
- Date issued: 9 January 2024.
- Review date: August 2024.
- Target audience: All staff and managers.
Page last reviewed: April 30, 2024
Next review due: April 30, 2025