Contents
- What is a people policy
- Why we have this policy
- What this policy covers
- What is flexible working
- Responsibilities
- How this policy promotes a kind and caring culture
- How will we know this policy treats our people fairly
- Preparing to discuss your needs
- Supporting your health
- Different types of flexible working request
- Discussions about flexible working
- Making a formal request
- What will happen after a formal request is made
- Getting help and advice
- Receiving the outcome from a formal request
- Appeals
- Appendices
Statement from the NHS Social Partnership Forum
This people policy framework has been developed with input from the national Workforce Issues Group of the NHS Social Partnership Forum.
Employers are still expected to follow their local procedures for collective negotiation and agreement on policies. For most employers this would be through the employer’s Joint Negotiating Committee.
The people policy frameworks can also be added to, or improved upon, through local discussion and agreement. Nothing in the national people policy frameworks automatically overrides local terms unless agreed at local level.
1 What is a people policy
A people policy provides support, advice and guidance on what is expected from you, how you can expect to be treated, and how you can access help and guidance.
1.1 Terms used in this policy
This policy uses the term the people professional to refer to people who work in human resources (HR), organisational development (OD) and workforce departments including recruitment, temporary staffing, learning and development teams, who work alongside managers and trade unions to contribute to, and improve, our NHS people’s working experiences.
2 Why we have this policy
The NHS People Promise is a promise we must all make to each other, to work together to improve the experience of working in the NHS for everyone. It says:
- “we can work flexibly, doing whatever work pattern fits our needs, regardless of the type of role we’re in. As a modern and model employer, flexible and less than full-time working isn’t a barrier to progress in the NHS, it is commonplace.”
This policy brings this part of the people promise to life. It will provide you with the information you need, support you to have conversations and take steps towards working in a way that suits you best.
More information about Our NHS People Promise (opens in new window).
3 What this policy covers
The NHS Terms and Conditions set out that you could work flexibly from your first day of employment and how this should be achieved. More information can be found in section 33, balancing work and personal life, of the Agenda For Change Terms and Conditions handbook. A link to this is included in appendix E.
This policy will help you to understand what is available to you and it provides information about:
- what you can expect, where to get help, and how agreements should be reviewed
- examples of flexible working that might be available
- rostering, career breaks, options if you are thinking about flexibility later in your career and, or nearing retirement and term time, these can be found in appendices A, B, C and D
If you would like to read more about flexible working, appendix E provides helpful links and related documents.
4 What is flexible working
In the NHS everyone has the right to request flexible working from day one of employment and there is no limit on the number of requests you can make. You do not need to provide a reason for requesting to work flexibly.
We define flexible working as an arrangement which supports you to have a greater choice of where, when and how you work. This could include working patterns, hours, location and how your role is designed.
Flexible working can be for a short period of time to support a specific need, or it could be longer-term. There are many different types of arrangements that could support your needs. These could be agreed informally with your line manager or through a formal flexible working request.
If you need to work flexibly to support a disability you might have additional rights to reasonable adjustments; more information regarding this can be found later in the policy.
Appendix A includes examples of flexible working; this will provide ideas for you and your manager to begin to consider and discuss.
Appendix E provides links to guidance, practical information and tools to support you to request flexible working, and how to make it a success.
5 Responsibilities
Everyone is expected to treat someone who would like to work flexibly with kindness and understanding.
You should think about your current working pattern and what flexible working changes could help you. You should make requests using this policy.
Managers will build a culture where conversations regularly take place with everyone in the team about their needs, including flexible working.
Managers will discuss and consider requests for flexible working in line with the timescales set out in this policy. They will always respond with kindness and with an open mind, aiming to say “yes” to flexible working and exploring alternatives and options.
Managers will work with you to support flexible working to be successful. This will include reviewing methods for support, communication, team building and access to training, development, and promotions, to help them remain effective after flexible working is agreed.
People Professionals will monitor requests, provide advice and support the process.
People Professionals will keep a central overview of how requests are managed to ensure everyone is being treated fairly.
6 How this policy promotes a kind and caring culture
We want the NHS to be a place where talking about flexible working is easy and where these conversations take place throughout our careers, not just at times of specific need.
This policy is for everyone, including those who work in clinical or patient-facing roles and those who might have found it difficult to work flexibly in the past. It seeks to support people who are thinking about working in the NHS by encouraging managers to plan flexible working into vacancies and teams.
It inspires everyone to think differently about what is possible in relation to where, when and how we work, and challenges negative attitudes towards flexible working.
This policy will help you and your manager balance your needs with the needs of your colleagues and of patients/service users. Ensuring the service is safe and efficient, as set out in this diagram:
Diagram shows individual flexible working arrangement consists:
- experience of patients, service users, their families and carers and colleagues
- safe, high quality and efficient services that are appropriately staffed
- work-life balance of colleagues
7 How will we know this policy treats our people fairly
Whenever we write a policy, we always do an equality and health impact assessment (EHIA) to ensure it treats everyone fairly, does not disadvantage anyone, or discriminate against any protected group.
We also review our policies regularly to see how we are doing, which includes listening to colleagues’ views and reviewing information about how the policy works in practice.
Appendix I outlines the way in which this policy will be monitored to ensure it treats everyone fairly.
8 Preparing to discuss your needs
Preparing to talk about flexible working will ensure you are clear about what you need, and the effects that a change could have.
For example, reducing your hours could mean your pay, pension, benefits and possibly your work visa are affected. Always get advice to ensure you have all the information you need.
Your manager will need to think about what would work for patients, service users and your colleagues to keep the service safe and of high-quality. They will use the following factors, so it may help you to think about this too:
- when the work needs to be done
- where the work needs to be done
- how work is planned and undertaken
The flexible working in the NHS Toolkit for individuals (a link is provided in appendix E) includes a document to help you get the most from your preparation and conversations.
If you need help, or if you do not feel comfortable talking to your manager, find someone else you do feel comfortable talking to. This could be a friend or colleague, a health and wellbeing lead, a staff network colleague, occupational health, trade union representative, Freedom to speak up team, or someone else that you trust.
9 Supporting your health
If you are requesting flexible working to support your health and wellbeing and, or if you are disabled, you should get advice from people professionals and occupational health about reasonable adjustments.
Your manager will normally have been involved. However, if they are not aware it is usually helpful to tell them about the reasons and how the suggestions for flexible working can help your health. This will help them to understand your needs and work with you to provide the best support.
10 Different types of flexible working request
10.1 Informal flexible working arrangements
Informal flexible working arrangements are usually made during regular one-to-one meetings, or wellbeing meetings. Informal arrangements mean you can agree flexible working with your manager as and when needed, usually when the changes don’t impact your pay or contract.
You might request and agree flexible working during an informal conversation and realise that changes to your working pattern or availability, contract and, or pay are needed. Where this occurs, get advice from people professionals.
Your manager will need to record the change formally in a letter and use the correct forms to inform payroll, and ensure electronic staff record (ESR) and other systems are updated.
10.2 Formal flexible working requests
Formal flexible working requests mean that you are using your contractual and legal right to have your request for flexible working considered by your manager. You might make a formal request if you haven’t been able to agree flexible working informally, sometimes you might feel that a formal conversation would work best for you or you wish to formalise an informal arrangement.
Later in this policy there is more information about making a formal request.
11 Discussions about flexible working
We hope that you feel able to discuss your needs and ideas for flexible working during your regular one-to-one, wellbeing or other meetings with your manager and that they will be able to meet your needs.
Your manager will listen and work with you to explore and agree options that work for you, the service and your colleagues.
It could take more than one conversation and your manager might speak to their manager, people professionals or other managers to get advice.
Your manager will always aim to reach a solution as soon as possible.
12 Making a formal request
You should make your request using the formal flexible working request form on electronic staff record (ESR). Guidance for submitting a request and authorising a request on ESR can be found in appendix G. People professionals will be able to help you access this. You will need to include:
- the date of your request
- details of what you would like to change
- the date on which you would like the change to start
After you have completed the flexible working request form. This will be sent on ESR to your manager.
13 What will happen after a formal request is made
Your manager will meet you to discuss your request. Let your manager know if you would like to bring someone to support you at the meeting such as a colleague trade union representative. You should tell your manager, if they do not already know, that your request is related to your health or a disability and might be a reasonable adjustment.
Your manager should consider your request as quickly as they can. However, this could take several weeks if more conversations need to take place to discuss alternative options that are available, or to help your manager to reach a decision.
14 Getting help and advice
If you are worried or have questions about the formal process you should speak to people professionals, a health and wellbeing lead, a staff network colleague, occupational health, trade union representative, the freedom to speak up team or someone else that you trust.
If your manager is finding it difficult to agree your request, they will escalate by asking for help and advice from others within your organisation.
This escalation stage will review the request to see if there is anything more that could be done, including the option of working in other areas of the organisation.
People professionals will advise on the process and support managers to ensure this works well. This escalation stage will take place before your manager confirms their decision.
It can sometimes take more time to complete the escalation stage.
Therefore, if it could help your manager to reach a positive outcome, you might be asked if you would agree to extend the time taken to respond to your request.
Due to sponsorship requirements, there may be times when a reduction in hours could impact on a colleagues’ sponsorship. Colleagues who are employed on sponsorship and wish to explore flexible working are therefore advised to speak with international recruitment team for advice prior to submitting a request for flexible working.
15 Receiving the outcome from a formal request
You will receive confirmation on electronic staff record (ESR) from your manager to confirm either:
- that your request has been agreed; confirmation will include information about how long it has been agreed for, and when and how the agreement will be reviewed
- that your request has not been agreed; notification will explain the reasons why your manager came to this decision
- that your original request has not been agreed; however following conversations with you to discuss and agree, an alternative option is available to support you to work flexibly
If your request has not been agreed the confirmation will also tell you how to access support and how you can appeal the decision.
After agreeing your request, your manager will record the change using the correct forms to inform payroll and ensure ESR and other systems are updated. The form to be used on ESR is the variation to contract which can be found in the manager self-service function.
16 Appeals
If you believe your formal request was not handled correctly, or you feel that the reasons for the request not being agreed are unfair or unjustified, then you could decide to raise an appeal.
You should follow the instructions included in your notification. It will also confirm the name of the person you should write to and the date you should you complete this by.
This will ask you to complete the appeal form in appendix H outlining the reasons you wish to appeal.
You will be asked to attend a meeting with a panel of people who have not been involved in your request before, to discuss your request and the reasons for your appeal. You have the right to be accompanied at this meeting by a trade union representative or work colleague.
After the meeting, the panel will consider the information and ensure you receive an outcome within 2 months of the date of your original flexible working request, unless there has been an agreement to extend this timescale.
The letter will confirm if your appeal has been upheld or not upheld and the reasons for this. It will also provide information about what will happen next. The decision from the appeal panel will be final.
17 Appendices
17.1 Appendix A Examples of flexible working
This appendix provides information about the most common ways to work flexibly, however there may be other ways in which you can explore working flexibly.
We encourage everyone to think creatively about flexible working. You might agree to use more than one method at any time and you could also agree to change them at different times to meet specific needs.
These examples of flexible working arrangements don’t usually mean a change to your contract or pay and so advice isn’t normally required. It’s important to keep a record of the agreements made:
- swapping shifts or sessions, where you agree with a colleague to work each other’s shifts temporarily
- mixing shifts or sessions, where you work some long and some short shifts or sessions
- time off in lieu (TOIL), where you agree to work more than your contracted hours on some working weeks, the hours are logged and can be taken at another time
- flexi-time or staggered hours, where start, finish and lunch or break times can be decided by you, usually within specified core hours
- ad-hoc working from home, your role will have a defined workplace base, but you can choose to work at home for part of your working week, you should read policies for homeworking for more information
17.1.1 More examples of flexible working
These examples are likely to mean you are making a formal flexible working request and your contract will change. This can have an impact on pay, pension and, or annual leave calculations. You should also check whether a contractual change will affect your visa and, or right to work.
You and your manager should get advice from people professionals and the Pay Services team before you agree these.
If you are a doctor in training, you should also speak to your deanery and clinical supervisor to ensure you understand any impact on your training.
- Reduced hours, where you decrease the number of hours you work each week.
- Annualised hours, where an agreed total amount of hours is worked flexibly over a year and pay is averaged each month.
- Compressed hours, where full-time hours are worked over less than 5 days.
- Term-time working or part-year working, where work is completed during part of the year or during term-time only. Usually, your annual leave is used during the time you aren’t at work and the total hours worked over the year are averaged to give you an equal monthly pay.
- Fixed shifts, sessions or schedules, where you agree to working specific days each week.
- Rotating shift or session work, where you rotate between different patterns, such as days and nights.
- Split shift or session schedules, where your working day is split into two or more parts with a rest period between.
- Job sharing, where two or more people work closely together to share a role.
- Agile working, where your role is completed across more than one location, which may include at home, and your contractual base is at one of the work locations.
- Home working, where you work at home and your home is your contractual base. See appendix E for a link to section 35 of the NHS Terms and Conditions Handbook and refer to the agile or homeworking policy.
17.2 Appendix B Career breaks
You can apply for a career break if you have more than 12 months service.
A career break is an ideal option if you need between 3 months and 5 years away from work and would like to return. Normally you would not be able to do paid work whilst on a career break.
You should get advice from people professionals and speak to the Pensions team to understand how a career break will affect your pension before applying.
See appendix E for a link to section 34 of the NHS Terms and Conditions Handbook: Employment break scheme for more information.
17.2.1 Applying
You should apply in writing to your manager setting out how long you would like to have a career break and reasons you would like to have a break.
Your manager will meet with you to discuss your request and will confirm the outcome in writing as soon as possible. If you believe the reasons for refusing your career break are unfair, you should speak to people professionals.
17.2.2 How will a career break affect me
If your career break is agreed, you will receive a written agreement which will outline the following:
- during a career break you won’t be paid and you won’t receive increments, but you will remain employed meaning your service won’t be broken
- your career break will not count as service when calculating annual leave, sick pay, contractual redundancy pay and any other benefits that are based on length of service
- you won’t be entitled to any benefits such as sick pay during your career break
If your role is affected by organisational change while you are on your career break, your manager will contact you to let you know and include you in the consultation process.
17.2.3 Returning to work after a career break
If you return to work within 12 months your manager will aim for you to return to your previous role. If your break is for more than
12 months, you may be asked to return to a similar role but with the same salary.
You should give notice if you want to return to work earlier, or later than the agreed date. You should give 2 months if the career break is less than 12 months and 6 months if the career break is more than
12 months.
You should keep up to date with your professional registration and your manager will agree with you how you will be re-inducted when you return.
If you decide you do not want to return from your career break you must inform your manager in writing, giving the amount of notice in your contract.
17.3 Appendix C Flexible options in your career
When you are approaching the end of your career it is important that you can continue to work in a way that supports you. Having regular conversations with your manager about your needs and plans will ensure you can work together to reach solutions ahead of your retirement.
Flexible retirement allows you to be flexible about:
- the age at which you retire
- the length of time you take to retire
- the nature and pattern of your work in the lead up to final retirement.
You should get advice and guidance from the Pensions team to ensure you fully understand the changes and how they will affect your pension.
Appendix E includes links to further information about retirement and pensions. There are four main options available, and these are outlined below.
17.3.1 Partial retirement (draw down)
If you are a member and over the age of 55, with the agreement of your manager, you can take part or all your pension benefits and continue in NHS employment. You do not need to take break. You can also continue to build up further benefits in the 2015 Scheme if you wish.
Your pensionable pay must be reduced by 10 per cent for at least a year from the date your partial retirement begins. You can do this by reducing your hours, agreeing with your manager which elements of your pay do not need to be pensionable, or stepping down to a lower paid role. If you decide to reduce your hours, your employment terms and conditions will be changed to reflect this. Both options will need to be agreed before your partial retirement application is submitted. Speak to People Professionals to ensure you get the right advice.
17.3.2 Step down
When you are approaching your retirement, you might wish to step down to a different role to reduce the level of responsibility and intensity of your work. If you are eligible to have your higher level of pensionable pay protected, your final salary benefits will not be affected.
17.3.3 Wind down
You could choose to wind down to retirement by reducing your hours or days of work. You should get advice from the Pensions team about the impact of this on your pension and the options available to you dependent on which scheme you are in.
17.3.4 Retire and return
Retire and return means that if you are a member of the NHS pension scheme and have reached your retirement age, you can decide to take your pension and return to work in the NHS. You can join the 2015 Scheme if you wish and continue building more pension.
There are requirements about the employment break you need to take before returning to the NHS, so planning and discussing this with your manager is essential.
Speak to people professionals and the Pensions team to ensure you fully understand the financial and contractual impacts of retiring and returning and get accurate advice about what forms will be required.
For further information on retirement options please refer to the trust’s leaving employment policy and procedure.
17.4 Appendix D Term time only guidance document
17.4.1 Introduction
Term time only (TTO) working allows employees to remain on a permanent contract, working full or part time hours, and taking leave during school, college, or university holidays.
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 payment for annual leave and bank holidays. Salary payments will be distributed equally over twelve-monthly payments. Employees on term time only contracts are not generally permitted to take annual leave during term time.
However, managers can agree a different pattern of annual leave. The term time calculator (can be found on the trust’s intranet) will support in the generation of these calculations. Similarly, and should there be an urgent need to respond, managers can also authorise paid, unpaid leave and time off in lieu (TOIL) as outlined in the trust’s special leave policy.
17.4.2 Considerations
The consideration section has been added to provide business context for both employees and managers, with the view to supporting open conversations in respect of both the considerations and benefits of term time only working.
The term time only contract is available (subject to management approval) to all employees of the trust who wish to adopt a style of working they feel is conducive to an improved work-life balance, provided this meets the requirements of the organisation, service and department.
17.4.2.1 Organisation
17.4.2.1.1 Organisation of workload
This type of working may require increased organisation of workload in order to meet service needs.
17.4.2.1.2 Suitable cover
For many jobs within the service, there will be a need to cover posts throughout the year. Consideration needs to be given to how such jobs would be covered if a request for term time only working was granted.
17.4.2.1.3 Impact on other staff
It is vital that consideration is given to the impact on other staff where one member of the team is working a term time arrangement, for example, provisions for cover and annual leave arrangements.
17.4.2.2 Employee
17.4.2.2.1 Reduced salary
This type of working will clearly lead to a reduction in salary which may also affect pension benefits. For example, employees may work full time hours over less weeks, and therefore the yearly contributions will not be the same as an employee working fulltime over a full year.
17.4.3 Benefits
There are many benefits of flexible working for both the organisation and the employee, these are broken down into the below sections, for management and staff consideration.
17.4.3.1 Organisation
17.4.3.1.1 Improved recruitment base and retention
Helps both attract and retain employees who might otherwise take a complete break from employment.
17.4.3.1.2 Improved staff morale
Improves staff morale through continuity of employment, also aiding retention rates.
17.4.3.1.3 Peaks and troughs
There may be seasonal variation to work patterns. This type of working allows employers to improve efficiency costs.
17.4.3.2 Employee
17.4.3.2.1 Overcoming childcare difficulties
This style of working may allow employees who are parents or carers of school age children to overcome the difficulties of finding suitable childcare during the school holidays.
17.4.3.2.2 Increased leisure time
This style of working can enable employees to engage in activities that create a balance between work and life.
17.4.3.2.3 Regular remuneration
With this style of working, the salary is paid over a twelve-month period on an equal basis so that there is no time in the year when the member of staff is financially less well off.
17.4.4 Guiding principles of term time working
17.4.4.1 Contracts
Term time only contracts are defined as part time contracts, even if the employee works 37.5 hours per week, as they will only work 39 weeks per year.
A full-time employee will work 37.5 hours per week over 52.143, weeks per year which reflects the difference between the two contract types.
All term time only (TTO) contracts for new employees will be issued via recruitment and the Trac online portal.
The term time only contract should reflect the following:
- actual number of hours worked
- actual number of weeks the hours are worked over (for example 37.5 hours per week over 39 weeks per year)
- the days to be worked (for part time, term time employees)
- the actual annual leave entitlement
- the salary band and point (the number of weeks to be paid in electronic staff record (ESR))
- continuous service date
17.4.4.2 Pay
An electronic calculator can be found at on the trust’s intranet. This calculator will be updated on a yearly basis by the Rostering team, to ensure compliance to current annual leave requirements as outlined in the trust annual leave policy.
For reference, a standard term time only contract will be calculated based upon an employee working 39 weeks per annum.
There is the facility to agree different numbers of working weeks outside the above, for example. 38 weeks per year, to take into account the five teacher training days per academic year. However, before doing so advice should be sought from the Human Resources Team before entering into these agreements.
Teacher training days are not taken into account when calculating the number of weeks worked for employees on a term time only contract. Therefore, employees are expected to attend work on these days, unless their individual term time calculation has taken this into account.
Additional hours will also need to be factored into column three on the calculator found on the trust’s intranet, to be considered as part of any pay calculations. For guidance on additional hours, please see the trusts rostering policy and procedure.
17.4.4.3 Payment of overtime and additional hours
Employees working above contractual hours in support of organisational needs, will be entitled to accrue time off in lieu (TOIL).
Overtime will be paid where employees exceed 37.5 hours per week.
Regular additional hours, either as overtime (above 37.5 hours) or as additional standard time (above contractual hours but less than 37.5) will need to be factored into holiday pay calculations. For those working variable rotas, hours worked above 37.5 hours may be calculated over a set period, for example a four-week roster.
If overtime is regular, employees will be paid an Agenda for change (AfC) average payment to take account of annual leave. However, this will only be paid if the employee has been paid the overtime for six out of the last 12 months.
17.4.4.3 Annual leave
Part time employees will receive the same holiday entitlements on a pro rata basis as full-time colleagues and will therefore receive the pro rata entitlement of the trust annual leave entitlement set out in the trust’s annual leave and general public holidays policy.
- The pro rata principles for part-time employees have been applied meaning that all workers are entitled to a minimum of 5.6 weeks annual leave under the working time regulations.
- The NHS Terms and Conditions set out that a part-time employee is entitled to paid public holidays no less than pro rata to the number of public holidays for a full-time employee, rounded up to the nearest half day. This entitlement should be added to their annual leave entitlement, and they should take public holidays that they would normally work as annual leave.
- The annual leave year will be to that of staff working full year and as such is set at 1 April. Where Easter impacts the leave entitlement, discussions should be had with the Human Resources team and pay services to identify the impact.
- At the start of each financial year employees will have a meeting with their manager to agree the weeks they would like to take in the school holidays, and which of those weeks will be taken as part of their annual leave entitlement. It is recommended that employees take their paid annual holiday entitlement during the school holidays. Employees on term time only contracts are not entitled to request annual leave during their working weeks. Payment for annual leave entitlement is incorporated in the employees’ paid weekly hours within electronic staff record (ESR), and so any amendments need to be generated in the term time only calculator.
- Term time annual leave is broken down into paid and unpaid leave. The portion of paid entitlement aligns with the employee’s contractual annual leave entitlement and the unpaid portion is the amount remaining between this and the 13-week cap for term time contracts.
As the majority of the bank holiday days will fall within the school holidays, there will be no requirement to additional time off within the year. However, this is except May Day and any additional bank holidays added within the year (Royal Funeral, Coronation). As with other part time employees if the bank holiday day falls on a working day, and the service is closed then there will be a requirement to take an annual leave day, working the remainder of hours in the same week.
Annual leave will accrue and increase on an incremental basis as outlined in the trust’s annual leave and general public holidays policy.
17.4.5 Roles and responsibilities
The annual leave dates entered will attract payment for agenda for change (AfC) average, in line with the NHS AfC terms and conditions handbook. Only the employees basic annual leave entitlement will attract average pay for this purpose. AfC average will be paid in arrears but only after annual leave has been taken, and is not payable for bank holiday leave, in line with section 33.10 of the AfC handbook, with reference to flexible working options.
17.4.5.1 Managers
It is the line manager’s responsibility to ensure the effective management of term time only contracts. To that end, it is the trusts’ expectation that where there is line management responsibility for an employee with a term time only contract that the following process ensues on an annual basis (April), at the beginning of the term time only contract, or in a period of change:
- a review meeting should take place at the beginning of the Trust annual leave year (April). At the review meeting the manager should identify and discuss the following:
- at the review meeting, it would be for managers and staff to agree which holidays would be taken out of the annual leave entitlement. This information should then be logged in electronic staff record (ESR) and, or Health Roster. The details will be logged within the term time only calculator on the trust intranet site, which will be updated and issued by the Rostering team, on a yearly basis
- the term time dates for the coming year, that will be provided by Rostering team along with the updated calculator, should be utilised to support the conversation and generate a “weekly hours to be paid in ESR” figure
- continuous service dates to establish both annual leave entitlement and fluctuations in bank holiday entitlements. Where changes are identified pay services should be notified, for example, when an employee moves to 5 years’ service and 29 days annual leave, rather than 27 days annual leave
- managers will need to establish whether the employee will work on May Day or not. If May Day would have been a normal working day for the employee, and the service is closed annual leave should be taken and the number of hours that should’ve been worked (minus the bank holiday entitlement for that day) will need to be worked during the remainder of the week
- to update internal systems in the issuing of variations to contracts
- to liaise with recruitment around contracts of employment where a new starter, or anyone who applies for a new post which includes a term time provision is required (note, this is not required for all flexible working applications as a variation to contract will be issued)
- to liaise with pay services in respect of any changes to either term time contracts or entitlements
17.4.5.2 Colleagues
To read and review this guidance creating an awareness of the term time contract they seek to operate under. To undertake any agreed meetings and be solution focused in to support the management of the term time only contract. To notify their direct line manager of any changes.
Colleagues should also be aware that in year changes may generate over or underpayments. The trust will support reviews and seek to make right any underpayments identified. The trust will also in line with the colleague’s contract of employment and the “deductions from pay” section, seek to recoup any overpayments of salary made in relation to wages or expenses and annual leave, in consultation with employees whilst in employment or upon termination of employment with the trust.
17.4.6 Sickness absence
The normal provisions for sick pay, recording and absence management will apply for any sickness absence which occurs within term time. Sickness absence will be managed under the trusts’ sickness absence policy.
Where an employee is absent and has been unable to take leave then they will be able to carry the leave forward in accordance with the working time directive which expressly limits carry-over in such circumstances to 4 weeks (20 days), pro-rated for part time employees. Any annual leave which they have taken in the leave year either prior to their period of sickness absence or during their period of sickness absence will be deducted from the 20 days and the remaining amount carried forward. For example, the employee has taken 5 days prior to the period of long-term sickness and then a further period of 5 days during the long-term sickness, leaving a balance of 10 days.
Annual leave can be recouped, where it is identified in the April review meeting that the employee was to be absent for annual leave. The employee has no entitlement to recoup unpaid leave. For example, if an employee identifies they would like a week of annual leave in October half term, and is then unwell due to sickness absence, the weeks leave will be returned. However, if the employee has used all of their leave by this date and did not request the week off as leave then there would be no recuperation of the leave entitlement.
If the employee is absent over a bank holiday period, this may have implications on pay or salary where staff have been absent due to sickness absence. The manager should upon return to work of the employee agree, if the bank holiday can either be deducted from the salary or if the employee is to work the additional hours paid in the contract back to not impact upon pay.
17.4.7 Leavers and mid-year changes
The trust discourages changes mid-year to term time contracts. However, there will inevitably be situations whereby employees need to change their working arrangements or leave employment mid-year. To ensure that no over or under payments occur the amount of hours worked, plus the annual leave entitlement and bank holidays accrued needs to be worked out against the number of hours paid for the period from 1 April to the termination or change date. An electronic calculator and manual calculations can be found at on the trust’s intranet.
17.4.8 National guidance
This guidance and the term time calculator has been generated in line with national guidance, and will be reviewed as such, as and when new guidance changes or becomes available.
17.4.9 Term time calculator walkthrough guide
The below screenshot is of the trusts annual leave calculator, which can be used for both term time only (TTO) calculations and calculations of those employees on a full year contract.
When using the TTO calculator to conduct a TTO calculation or review and existing agreement you will complete the below page first.
- Complete the details required for the hours worked and leave tab.
- Specify is a leap year or not, add the Bank Holiday dates.
- Add the start and end dates of the year (this should be a full calendar year).
- Add the working hours when not off for term time and the length of service entitlement, for example: 27, 29, 33.
- The above data will pull through to the second tab, as shown below. The dates in the second calculator are not amendable in the spreadsheet unless they are first amended in spreadsheet one.
- Complete the details required for the term time calculator tab by:
- adding in the term time dates (first box)
- then add when the paid annual leave is being taken (do not include any bank holiday hours in the paid annual leave dates and times listed), (second box)
Once the dates have been populated the spreadsheet should look this the below:
- This will then calculate the employee’s weekly pay (Cell B29)
- An example of a part time term time employee who works 22.5 hours is below. Please note, if there is a part week of term time, then the days that have term time should have hours allocated pro rata. For example, Bank Holidays will be 4.5 hours, and if the summer holidays start on a Thursday, as they do in 2025, the Thursday and Friday will use 4.5 hours per day. On the weeks that are not full weeks of term time, you would add the hours from term time allowance, and the employee would then work the remaining hours in that week. So, a week with one Bank Holiday, the employee would have 4.5 hours of annual leave adding and would need to work 18 hours to make their contracted hours up to the 22.5 hours that they would have worked if working a full week. Please note if the employee would like to take more than 13 weeks of leave, for example and additional two weeks, this can be calculated on the above spreadsheet by adding in the additional weeks to be taken, which will reduced the number of weeks worked per year by the additional leave to be taken (paid will be 37 weeks instead of 39).
17.5 Appendix E Links to more help and guidance
17.5.1 Flexible working guidance
- NHS Terms and Conditions of Service Handbook (sections 33, 35 and 15) (opens in new window)
- Flexible Working Toolkit for individuals (opens in new window)
- Flexible working, acas (opens in new window)
- Flexible working scenarios, NHS Employers Flexible Working, NHS Employers (opens in new window)
- Guidance on contractual issues arising from certain forms of flexible working, NHS Employers (opens in new window)
- Flexible working FAQs, NHS Employers (opens in new window)
- Guidance for joint union-employer partnerships on reviewing flexible working policies, NHS Employers (opens in new window)
- NHS England, we work flexibly, the programme and resources (opens in new window)
17.5.2 Managers guidance
- Flexible Working Toolkit for managers (opens in new window)
- Detailed guidance on partial retirement and retire and return (opens in new window)
- Recording of an NHS Employers webinar on flexible retirement options
- Flow chart for making flexible working requests from the NHS Staff Council (opens in new window)
17.5.3 Rostering
- Rostering to enable flexible working resources e-rostering resources, including toolkits (opens in new window)
- E-rostering resources, including toolkits (opens in new window)
- E-job planning resources, including toolkits (opens in new window)
17.5.4 Retirement
- Flexible retirement, NHS Employers (opens in new window)
- Examples of options for flexible retirement: Flexible-retirement personas-poster (opens in new window)
- A poster to show Flexible retirement options, NHS Employers (opens in new window)
- Partial retirement advice from the NHS Pension scheme including a link to a Pension member factsheet (opens in new window)
- Partial retirement, NHS Business Services Authority (opens in new window)
- Using flexible retirement to support retention, NHS Employers (opens in new window)
17.5.5 Agile, hybrid, or homeworking
17.5.6 Career breaks
- NHS Terms and Conditions of Service Handbook, NHS Employers: Section 34: Employment break scheme (opens in new window)
- Career break factsheet from NHS Pensions (NHS Business Services Authority) (opens in new window)
17.6 Appendix F Additional guidance for managers
17.6.1 Creating the right culture
Flexible working should be approached with a thoughtful, creative and inclusive attitude. Your team will include colleagues at different stages of their life and career, and each will have their own unique needs that will change over time.
Although not every job will be suitable for every type of flexible working, it’s important to role model a positive and open approach to talking about flexible working. This will develop a safe culture, where people feel they can talk about their needs and trust they will be supported, even if this means their request isn’t fully agreed.
If people have confidence that they can discuss and agree flexible working informally this usually gets better outcomes. However,
it’s important to bear in mind that some may feel a more formal approach works better for their circumstances.
17.6.2 Workforce planning, role design and recruitment
Including ideas about flexible working when you are planning roles and designing your workforce will ensure it is embedded and could mean people won’t need to ask to work flexibly.
Use advertisements to showcase your approach to flexible working to appeal to a wide audience with different needs. Having conversations during interviews or when offering a role to someone, will encourage openness and enable you to agree flexible working from the first day of employment.
17.6.3 Having positive conversations
Working together with individuals and teams to explore the options that are/could be available usually gets the best results.
Starting by thinking about how you can support a flexible working request will help you to be curious about the possibilities. Talking to others will help you think creatively about solutions and trial different options to find what works best.
Ideas about flexible working arrangements often develop over time. If an initial idea about flexible working isn’t possible straight away, you should think about what would help it to work and discuss alternatives or variations. This approach will keep a positive focus and reduce the need for repeated applications and the frustration that can accompany a refusal.
17.6.4 I have received a flexible working request
The following checklist will help you keep on track:
- read this policy, more guidance is in appendix E
- hold a meeting to discuss the request, even if you know you are going to agree
- get advice, especially for requests related to health, contractual changes and formal requests
- encourage support during meetings, for example, from a trade union representative or someone else, this can help you to reach
a solution - keep communicating to ensure they understand what’s happening and when
- use the escalation stage when you need help to overcome barriers
- work to the timelines, always respond to formal requests
in writing as soon as you can. The legal requirement is to complete the whole process, including an appeal, within 2 months unless you have agreed to extend this timescale - keep agreed notes of your conversations including what you have considered, steps you have taken and the advice you have received
- record agreements on the personal file, and electronic staff record (ESR) or another system used to record flexible working
- agree a review schedule, flexible working needs can change over time so plan time to revisit the agreement
- keep talking, during individual and team meetings highlight the success of flexible working and think together how you can make it a success, this will help to maintain a positive culture
17.6.5 Flexible working to support health and wellbeing and, or a disability
You may receive a request to work flexibly to support health and wellbeing, and, or a disability, and sometimes these needs may overlap. During meetings and conversations, listen to understand:
- how their work impacts their health
- how their health impacts their work
- what would or could change the impact
It’s important to get specialist advice and guidance about disabilities and reasonable adjustments from people professionals and occupational health, who will signpost you to other policies and support to ensure you reach the right outcomes.
17.6.6 Escalating for help and advice
If you are considering a flexible working request, and there are factors that are preventing you from agreeing it, you should speak to people professionals who will support you through the escalation process.
This escalation process will provide you with independent advice and support to overcome challenges and barriers, it will also ensure a full exploration of what might be possible.
Sometimes, this could mean a potential solution outside the current team/service is found as an alternative. It’s a good idea to check with the individual that they would want to look for options outside their current role/team, perhaps as a trial initially.
17.6.7 Making flexible working successful
Maintaining a successful flexible work culture requires you as a manager to think about how you support everyone in your teams.
To ensure everyone can perform at their best they need to feel part of the team, so they are engaged and happy in their work. They should:
- have access to opportunities for training and development
- be included in meetings and events
- have easy access to resources
- receive good communications
- have opportunities for sharing knowledge and peer or team support
Listening to feedback about what is working well, and what could be improved, will mean you can use the right support and tools to make flexible working successful.
Views about access to flexible working will be shown in your staff survey feedback so it’s important to spend time reviewing and considering this.
Appendix E provides links to helpful scenarios about how to make flexible working successful.
17.6.8 Reviewing agreements
Agreeing how and when reviews will take place will help you ensure flexible working continues to be successful.
A review should be held in the first few weeks after an agreement is made to check things are working as expected and give time to those involved to ask questions or discuss any unexpected issues. It’s also a great time to discuss what is going well and how it is benefiting colleagues.
Arranging a review on a longer-term basis will enable you to check things are still working well, discuss changing circumstances or needs and make plans.
17.6.9 Legal obligations
There are several legal obligations surrounding flexible working and often there is a connection to other areas of employment law, for example reasonable adjustments and direct or indirect discrimination because of a protected characteristic.
You should give careful thought to the reasons why flexible working is being requested, including family commitments, religious or cultural requirements, or disabilities, and take advice from a People Professional before you make a decision.
Follow this policy and associated guidance and listen to advice from people professionals, and others with a sensitive and curious mindset, to ensure you work within the legal framework.
17.6.10 Legal reasons for refusing a request
The law sets out that requests can only be refused if there is a genuine business reason, you should consider these before making your final decision:
- 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 ability to meet customer demand
- insufficient work available for the periods the employee proposes to work
17.6.11 I’m not able to agree a request for flexible working
If you have fully considered a request, used the escalation process and sought advice from People Professionals to reflect on the reasons and fairness for refusing the request, but are not able to agree a flexible working request, you will need to:
- meet to discuss the reasons you cannot agree a request with the individual
- confirm your decision, including the reasons, and a reference to a legal reason, in writing as soon as you can after the initial request. The legal requirement is that you need to complete the whole process, including an appeal, within 2 months unless you have agreed an extension. So, you need to plan to meet this timescale
- remember to advise them of their right to appeal your decision. This provides them with an opportunity for an objective review and, or raise any concerns relating to the way their request has been handled. People professionals will support this process
17.6.12 How rostering can support flexible working
E-rostering is a key to supporting flexible working, it provides a software solution to ensure the service has enough people, at the right time, with the required skills and in the right place.
Evidence shows that where rostering is used there are many benefits to individuals as well as to the organisation, including reduction in short term sickness, reduction in temporary staffing spend, improved recruitment and retention, and improved staff satisfaction. Rostering software will enable your team to request shifts, and time off in addition to automatically recording and calculating hours worked and annual leave entitlement. It will ensure information is correct and can support fairness in time-off and shift allocation.
E-rostering can also enhance flexible working initiatives, for example through team-based or self rostering, for any hours or rolling rotas.
For staff who work across multiple clinical areas, for example, specialist nurses, advanced clinical practitioners, allied health professionals and consultants, robust job planning processes can also support flexible working especially when conducted across the multi-professional specialty team and when combined with rostering.
17.7 Appendix G How do I request flexible working on electronic staff record (ESR)
This can be found on the human resources pages of the intranet under flexible working:
17.8 Appendix H Flexible working appeal form
17.9 Appendix I Monitoring the effectiveness of this policy
We will monitor the effectiveness of this policy and section 33 of the NHS Terms and Conditions of Service Handbook (opens in new window), by collecting information to help us understand the impact it is having. Monitoring will be completed in partnership with trade union colleagues and will be included in published annual statutory public sector duty reports. The following table sets out how we will monitor this policy:
17.9.1 How many individuals access flexible working?
- What is the method or information source: How many requests are made each year, how many are agreed or declined. Information source electronic staff record (ESR).
- Who will be leading the monitoring: Workforce and human resources.
- When will the information be reviewed, by who or which group: Annually.
- What are the arrangements for responding to issues and tracking delivery of planned actions: Human resources and workforce to support managers with flexible working. Human resource partners to escalate to care group senior leadership team. Local basis reviews of planned actions.
17.9.2 Is this policy accessed more successfully by different groups and is there any difference to agreed rates?
- What is the method or information source: Agreed or declined rates from equality demographics, band, staff group. Information source electronic staff record (ESR).
- Who will be leading the monitoring: Workforce, head of equality, diversity and inclusion, and human resources.
- When will the information be reviewed, by who or which group: Annually.
- What are the arrangements for responding to issues and tracking delivery of planned actions: Human resources, equality, diversity and inclusion and workforce to support managers with flexible working. Human resource partners to escalate to care group senior leadership team. Local basis reviews of planned actions.
17.9.3 Feedback on advice, process and ease of use
- What is the method or information source: Feedback from individuals and trade unions to human resources.
- Who will be leading the monitoring: Head of human resources
- When will the information be reviewed, by who or which group: Annually.
- What are the arrangements for responding to issues and tracking delivery of planned actions: Review of training, advice and policy.
17.9.4 How are requests agreed? Formal, escalation, appeal? What does this tell us about the culture about flexible working?
- What is the method or information source: How many appeals are made each year, how are these resolved? Does this indicate anything? Information source electronic staff record (ESR) and ER tracker.
- Who will be leading the monitoring: Workforce and human resources.
- When will the information be reviewed, by who or which group: Annually.
- What are the arrangements for responding to issues and tracking delivery of planned actions: Human resources and workforce to support managers with flexible working. Human resource partners to escalate to care group senior leadership team. Local basis reviews of planned actions.
17.9.5 Monitor unintended impact of flexible working on career development progression
- What is the method or information source: How many people progress in their careers after working flexibly, feedback from individuals and trade unions to human resources or people services team.
- Who will be leading the monitoring: Head of human resources and head of equality, diversity and inclusion.
- When will the information be reviewed, by who or which group: Annually.
- What are the arrangements for responding to issues and tracking delivery of planned actions: Reviews at a local level with appropriate support mechanisms if issues identified.
Document control
- Version: 1.
- Date issued: 14 January 2024.
- Publication approval reference: PRN01094.
Page last reviewed: January 14, 2025
Next review due: January 14, 2026
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