FLEXIBLE WORKING POLICY

Transcription

1 FLEXIBLE WORKING POLICY Agenda Item 4.1 Appendix 3 Reference No: Issued by Policy Manager Version No: 2 Previous Trust / LHB Ref No: HR/05 Documents to read alongside this Policy Special Leave Policy Maternity and Adoption Guidelines Parental Leave Guidelines NHS Wales Employment Break Protocol Homeworking Guidelines Recruitment and Selection Policy Annual Leave Guidelines Classification of document: Area for Circulation: Author/Reviewee: Executive Lead: Employment Policy UHB Wide Senior HR Policy and Compliance Officer / UNITE Director of Workforce and OD Group Consulted Via/ Committee: Employment Policies Sub Group / Local Partnership Forum Approved by: Date of Approval: Date of Review: Date Published: People, Performance and Delivery Committee Date committee approved Date document due for review Date becomes live Disclaimer When using this document please ensure that the version you are using is the most up to date either by checking on the UHB database for any new versions. If the review date has passed please contact the author. Cardiff and Vale University Health Board Page 1 of 37 EQIA

2 OUT OF DATE POLICY DOCUMENTS MUST NOT BE RELIED ON Version Number Date of Review Approved 1 January 2012 Date Published March 2012 Summary of Amendments New policy 2 Work Life Balance Guidelines Incorporated, updated in line with new legislation Flexible Working Policy Page 2 of 37 Reference Number:HR/08 Version Number: 2

3 CONTENTS Page No. 1 Introduction 4 2 Policy Statement 4 3 Aims 5 4 Scope 5 5 The Business Case for Flexible Working 5 6 Principles 6 7 Types of Flexible Working 7 8 Flexible Working Request Process 12 9 Appeals Resources Training Equality Statement Audit Distribution Review 15 Appendices 1 Link to Flexible Working Request Form 16 2 Link to Appeal form 16 Flexible Working Policy Page 3 of 37 Reference Number:HR/08 Version Number: 2

4 1 INTRODUCTION Flexibility in the workplace is about developing modern working practices to fit the needs of the 21st century. Both managers and employees can gain from flexible working opportunities as both parties have the flexibility to organise their working arrangements in a way that suits them. This can enable managers to adapt to changing service needs and individual employees to better balance their work and personal life. For managers, flexible working can help retain staff and holding onto experienced and skilled staff is important in maintaining quality and containing costs. Offering flexible hours widens the talent pool, so managers should be able to recruit people with more skills; it can also increase commitment and loyalty of staff members. This can in turn translate into improved productivity and by extension improved profitability. For employees, flexible working allows them to better balance their home life with their responsibilities at work. In today s society, both men and women want to find a balance between work, family and caring responsibilities which are shared more equally than ever before. The world of work has seen enormous economic and social changes. Cardiff and Vale Univesity Health Board (the UHB) believes that flexible working is good for patients, families, older workers, carers and a growing population who want a better balance between work and home life. 2 POLICY STATEMENT The UHB is committed to developing positive flexible working arrangements which allow people to balance work responsibilities with other aspects of their lives. By moving away from traditional perceptions of part time work it is hoped managers will broaden their understanding of the full range of flexible working practices and be encouraged to offer more flexible working opportunities. The Children and Families Act 2014 extends the right to request flexible working to all employees (not just those with parental responsibility for a child, or caring responsibilties for an adult) and replaced the requirement for the employer to deal with the request in accordance with the statutory procedure with a requirement to deal with the application in a reasonable manner. This policy sets out the principles of flexible working and provides managers and staff with background information on the types of flexible working available and the process to be followed. Flexible Working Policy Page 4 of 37 Reference Number:HR/08 Version Number: 2

5 3 AIMS The purpose of this policy is to provide a framework of guidance for managers and to promote best practice by:, promoting flexible working practices across the UHB regardless of job level challenging the perception that the traditional working patterns is the default option - empowering managers and employees to have a wellinformed, confident and productive discussion on the flexible working options that may be suitable for a role promoting the business benefits of flexible working and ensuring that managers are fully supported to be able to implement practices in their areas ensuring that managers/supervisors are clear as to the principles underlying this process and the procedure to be followed, and that staff are treated fairly and equitably. 4 SCOPE OF THE POLICY All employees who have worked for the UHB for at least 26 weeks have the right to request to work flexibly. However, flexible working arrangements for doctors in training are co-ordinated by and subject to approval by the Wales Deanery. Only one request for flexible working can be made in a 12 month period. 5 THE BUSINESS CASE FOR FLEXIBLE WORKING Flexible working can help make the most of today s diverse workforce and reduce skills shortages. Benefits that organisations can potentially achieve from the use of flexible working include: a reduction in costs, notably by helping to retain valued employees and by reducing absenteeism and stress higher productivity Offering flexible working attracts a wider range of candidates increased employee engagement, improves morale and translates into greater commitment and loyalty to the organisation an improved ability to deal with change through innovation and creativity Flexible Working can also enable support service redesign through the creation of new blended roles and the reshaping and development of existing roles, in consultation with staff. The creative use of new and redesigned roles can result in improved services for patients and more rewarding careers for staff Flexible Working Policy Page 5 of 37 Reference Number:HR/08 Version Number: 2

6 6 PRINCIPLES The following principles must be adhered to when considering flexible working: All employees have the right to request any form of flexible working as long as they have 26 weeks service with the UHB and have not made an application within the last 12 months. Staff may choose to have an informal discussion with their manager about the possibility of working flexibly before submitting a formal request. However, all requests must be put into writing before they can be properly considered. Employees must follow the same process when requesting flexible working, and shall be treated equally and fairly when having their requests considered Any form of flexible working must meet the needs of the organisation and employees Each request for flexible working will be considered individually and will be assessed on its own merits by the appropriate line manager Managers should arrange to talk with the employee as soon as possible after receiving their request form. The employee can be accompanied by a work colleague and should be informed about this prior to the discussion. This meeting is not necessary if the manager intends to approve the request, but it may still be helpful. All requests for flexible working should be approached on the assumption that they will be granted unless there is a legitimate business reason for refusing it Managers should consider the impact on other employees by the requested change before a decision is confirmed Contractual changes to terms and conditions of service can only be agreed following careful consideration of the implications and a proper understanding of the employee s circumstances Pay and benefits need to be adjusted on a pro-rata basis to changes in hours worked and the effects of the proposed change fully explained and agreed with the employee Employees working flexibly will not be treated less favourably in relation to access to training or promotional opportunities Flexible Working Policy Page 6 of 37 Reference Number:HR/08 Version Number: 2

7 The application of flexible forms of working should not result in the UHB incurring additional costs without objective justification Reduced hours, or other changes, cannot be imposed on employees under this Policy to achieve financial savings Any change to an employee's working pattern as a result of a request for flexible working is regarded as a permanent variation to the employee's contract, unless agreed otherwise. Thus, once a change to an employee's hours or place of work has been implemented, the employee has no right to revert to his or her previous pattern of working at a future date. Similarly, there is no scope for the employer to insist that the employee revert to his or her previous working pattern. Therefore it is important that it is made clear from the outset if the new working arrangements are permanent or temporary, and if they are temporary there must be a review date. Managers and staff may wish to try the flexible working arrangement for an agreed trial period before agreeing to a longer term arrangement. Legislation dictates that a request for flexible working can only be rejected for one of the following business reasons: the burden of additional costs an inability to reorganise work an inability to recruit additional staff a detrimental impact on quality or performance or to meet customer demand insufficient work for the periods the employee proposes to work a planned structural change If a request is rejected, the employee has the right to appeal the decision by writing to their line manager s manager. 7 TYPES OF FLEXIBLE WORKING Flexible working encompasses a range of options including (but not exclusive to) part time working, job sharing, flexible hours, compressed hours, annualised hours, term time working, or varying start and finish times. Separate guidance is available on parental leave, employment breaks and occasional home working. Flexible Working Policy Page 7 of 37 Reference Number:HR/08 Version Number: 2

8 7.1 Part-Time Working Part time working is the most prevelant and established type of flexible working. Part time working means that employees can reduce their contracted hours below that of full time (37.5 hrs per week), enabling them to have more days off or a shorter working day. There is usually an agreed pattern to the hours of work. Salary, annual leave, bank holidays etc. are reduced pro-rata. Issues to consider include arrangements for training and meetings, which are often designed around full time working hours. Part time workers have legal rights, based on the principle of equal treatment with comparble full time workers. 7.2 Compressed Hours Compressed hours arrangements allow individuals to work their normal hours of work over a shorter period of time than is standard. For example, an individual may work the standard 37.5 hour week in four or four and a half days, instead of the usual 5 days. This would allow them to have an extra day off per week or fortnight. N.B. the non-working day must be mutually agreed and could be flexible to suit the needs of the service. Compressed hours can benefit staff by enabling them to maintain their contracted hours and level of salary while working less days. When a member of staff is working compressed hours the total hours worked over an agreed period (usually a fortnight) must equal their contracted hours for that periof e.g. 75 hours over two weeks. This can include annual leave, bank holidays, hours worked or unpaid leave, but it must always total the employees contracted hours. Employees working compressed hours should take the number of hours normally worked for each day of annual leave (including bank holidays). For example, if a member of staff normally works 8 hours and 20 minutes each day to enable them to work a nine day fortnight, they must take 8 hours 20 minutes annual leave for each day to be entitled to the 10 th day off. 7.3 Flexitime Flexitime is a scheme which allows employees some discretion around the start and end time of the working day, based around core working times. Flexible Working Policy Page 8 of 37 Reference Number:HR/08 Version Number: 2

9 Staff can build up a debit or credit of hours worked within an agreed period (usually 4 weeks) and consolidate the extra hours into a day or half day off. Flexitime scheme are usually based on detailed, locally agreed procedures which set out : the core hours limits on early and late working the minimum lunch break to be taken the maximum number of credit and debit hours which can be accrued limits on the number of hours which can be carried over to the next month limits on the number of days off allowed in any one period limits on the number of staff allowed off at any one time 7.4 Temporary Reduction in Hours Employees are able to reduce their contracted hours by between 5 and 50% for a period of no less than 3 months and no more than one year. At the end of the agreed time they return to their original contracted hours. Salary/annual leave etc will be reduced pro-rata for the period of the agreement. Employees are advised to contact payroll to determine whether a change in hours will affect their pension entitlements. If the employee wishes to extend this arrangement for longer than 12 months they are required to submit a new flexible working request. 7.5 Job Share Two employees share the responsibilities, duties and benefits of a single full time post. Salary and annual leave are divided according to the number of hours worked by each job sharer. The total hours should not usually exceed those of the full time post. Each employee will hold an individual contract of employment indicating it is a job share. If one of the partners leave, their hours can be offered to the remaining employee on a full time basis, or the vacant hours can be advertised in line with the Recruitment and Selection Policy. If no suitable partner can be found within a reasonable period of time (3 months) the remaining post holder may be re-deployed to another suitable post within the organisation. All posts must be considered for job sharing when advertising. It is the responsibility of the manager, not the individual, to ensure that appointments are made to both elements of the job share. Flexible Working Policy Page 9 of 37 Reference Number:HR/08 Version Number: 2

10 7.6 Annualised Hours Annualised hours is a method of of organising work so that the employee works their contracted hours over the year rather than a set number per week. Annual leave and bank holiday entitlements are calculated and deducted from the employees annualised hours to give the total number of working hours for the year. It is imperative that, as far as is possible, hours are planned and agreed in advance and an accurate record is maintained of actual hours worked. Before implementing annualised hours the line manager and employee should agree the minimum and maximum hours that can be worked in a week (n.b. the mimimum hours may be zero) and what the individual s normal working hours are. A weekly/daily timesheet must be completed. If the needs of the service require a member of staff to work outside of their planned hours, as much notice as possible should be given. There should be no credit or deficit in hours at the end of the financial year or if the employee moves departments. If the employee resigns from their annualised hours contract and there is a disparity between hours worked and payment received, they should use the notice period to close the gap between hours worked and pay received. If there is still a disparity the final salary will be adjusted accordingly. Managers should formally review hours in credit/deficit on a regular basis (e.g. three or four times a year) but monitor them informally on an ongoing basis. Salary is paid in twelve equal monthly instalments, regardless of hours worked in any particular month. Sickness absence will be allocated in line with planned hours of work for that particular period of time. Under the requirements of the Working Time Regulations, all employees must be given and take 5.6 weeks paid leave, including Bank Holidays (pro rata for part time employees), though actual annual leave entitlements may be more than this depending on length of service. Employees are required to continue to maintain annual leave records to ensure they take and are paid for the requisite number of days annual leave in addition to their annualised hours timesheet Maternity and adoption pay is calculated in relation to the actual salary received over an eight week reference period ending weeks before the expected week of childbirth/matching week. As the salary is paid in 12 equal installments, maternity and adoption pay should not be affected by the number of hours worked, unless the employee also works unsocial hours. Flexible Working Policy Page 10 of 37 Reference Number:HR/08 Version Number: 2

11 Managers are encouraged to contact Human Resources and Payroll for guidance before implementing annualised hours. 7.7 Term-time Working Term time working is a form of part time working where the employee works only during the school terms and is off work during the school holidays. Time off is made up of a combination of annual leave and unpaid leave. Salary is based on the number of weeks in work and is paid in 12 equal instalments. It is calculated on an individual basis to take account of annual leave entitlement based on length of service and any protection arrangements. Salary, annual leave and related benefits are reduced pro-rata. and salary is paid in 12 equal instalments. As a term-time working arrangement is designed to assist employees with school-age children, its appropriateness will be reviewed annually. It is expected that, once term-time working is no longer required, employees will agree to a revised working arrangement with the organisation Term time working is usually worked on the basis of 38 weeks in work and 13 weeks not in work (though this can vary depending on the school and whether or not inset days are included). The 13 weeks are calculated as follows: Easter 2 weeks Summer 6 weeks Christmas 2 weeks Half terms 3 weeks (May, October and February). There is scope for the employee to work some of these holidays (e.g. part of the summer holiday) if agreed with the line manager in advance. It is the responsibility of the individual to ensure that they have informed their manager of the dates of the school holidays for the next academic year by 1 July each year. Annual leave will normally be taken in school holidays, but it is possible to have up to one weeks annual leave to be taken flexibly in term time. Managers should contact the HR Advisory and Administration Team who will calculate the employees annual leave entitlement and pay. Once this is calculated managers need to complete a changes form, stating clearly that the employee is working term time only and forward it to payroll. If an employee is sick during a non-working week, normal reporting/recording arrangements apply. Staff who have a term time contract should not work more than 50% of their normal working hours on the Nurse Bank in school holidays as long as they take their annual leave entitlement as set out in the Working Time Regulations. Flexible Working Policy Page 11 of 37 Reference Number:HR/08 Version Number: 2

12 8 FLEXIBLE WORKING REQUEST PROCESS 8.1 Making a request The employee should put their request in writing, using the UHB application form found in appendix 3. It is helpful if they can demonstrate that they have given thought to the implications of their request on their manager and colleagues. The employee may wish to have an informal chat with their manager before submitting a formal request and managers are encouraged to facilitate this when requested to do so. However, the request will not be formally considered until it is put into writing. 8.2 What to do with a request The manager should arrange to talk with the employee as soon as possible after receiving their application form. The employee may be accompanied by a work colleague or trade union representative at the discussion and should be informed about this prior to the meeting. The manager should discuss the request with the employee to help them get a better understanding of the changes they are looking for and how they will benefit the UHB and the employee. Wherever possible this discussion should take place somewhere private where it is not overheard. It is recommended that this meeting takes place within one month of the request being submitted. If the manager intends to approve the request, this meeting is not a requirement, but it may still be helpful to discuss practical arrangements. Managers should be aware that there is a legal requirement to complete the entire process, including any appeal, within 3 months and should take this into consideration when arranging the initial meeting. 8.3 Considering the request All requests should be approached from the presumption that they will be granted unless there is a business reason for not doing so (see section 6). The request should be considered carefully and the benefits of implementing the change should be weighed against any costs. In considering the application line managers must ensure that they do not discriminate against the employee. Flexible Working Policy Page 12 of 37 Reference Number:HR/08 Version Number: 2

13 Once a decision is made the manager should inform the employee in writing (using Part 3 of the application form). If it is decided to approve the employee s application, or accept it with modifications, a discussion should take place to determine how and when the changes might be best implemented. The line manager is responsible for ensuring that a changes form is completed and payroll notified. If the application is rejected the line manager must demonstrate in writing that their decision is based on one of the 6 business reasons set out in Section 6, giving details of how their decision meets this criteria. It is not acceptable to give any other reason for rejecting an application. 8.4 Timescales The law requires that all applications, including any appeals, must be considered and decided on within a 3 month period from first receipt, unless an extension to this period is agreed with the employee. 8.5 Correspondence Copies of all correspondence should be kept on the employee s personal file for future reference. 9 APPEALS If an application for flexible working is turned down, the employee has the write to appeal against the decision. Appeals should be put into writing, setting out the grounds for appeal, as soon as possible after receiving notice of the decision to reject the application (within 14 days). The appeal form attached as Appendix 2 should be used for this. The appeal form should be submitted to the line manager s manager, and heard by a more senior manager than the one who rejected the original application. The employee has the right to be accompanied at this meeting, and should be given advance notice of when it will take place. The timescales outlined in section 8.4 must be adhered to. 10 RESOURCES The implementation of this policy will not require any additional resources. Flexible Working Policy Page 13 of 37 Reference Number:HR/08 Version Number: 2

14 11 TRAINING Line managers must ensure that employees are made aware of this Policy during their local induction. Line managers are also responsible for ensuring new staff are aware of any local arrangements in place (e.g. flexitime) at their interview. Additional training about the types of flexible working and their benefits is available as on line e-learning package on the on the UHB intranet site (add hyperlink). 12 EQUALITY STATEMENT Cardiff and Vale UHB is committed to ensuring that, as far as is reasonably practicable, the provision of services to the public and the way staff, patients and others are treated reflects their individual needs and does not discriminate, harass or victimise individuals or groups. These principles run throughout the work of the UHB and are reflected in the core values, employment policies, service standards and Strategic Equality Plan & Equality Objectives. The responsibility for implementing the scheme falls to all employees and UHB Board members, volunteers, agents or contractors delivering services or undertaking work on behalf of the UHB. An Equality Impact Assessment has been undertaken and feedback on this policy and the way it operates has been received. Any possible or actual impact that this policy may have on any groups in respect of gender, maternity and pregnancy, carer status, marriage or civil partnership issues, race, disability, sexual orientation, Welsh language, religion or belief, transgender, age or other protected characteristics was examined. The assessment found that there was no adverse impact and some positive impact to the equality groups mentioned. Where appropriate plans have been put into place to ensure actions are taken to minimise any stated impact to ensure that the UHB meets it s responsibilities under the equalities and human rights legislation. 13 AUDIT This Policy may be subject to audit, and will be assessed in line with normal audit planning processes. 14 DISTRIBUTION This Policy will be available on via the UHB Clinical Portal, Intranet and Internet web sites. Where staff do not have access to these resources, the line manager must ensure that they are aware of the content of this Policy. Flexible Working Policy Page 14 of 37 Reference Number:HR/08 Version Number: 2

15 Responsibility for distribution within the Clinical Boards will be undertaken by the Head of Operations and Delivery.. 15 REVIEW Unless there are any changes to legislation or terms and conditions which require this policy to be amended, the review date will be three years from the implementation date. Flexible Working Policy Page 15 of 37 Reference Number:HR/08 Version Number: 2

16 APPENDIX 1 FLEXIBLE WORKING REQUEST FORM A copy of the Flexible Working Application Form can be found on the UHB intranet. Staff who do not have access to the intranet may obtain an application form from their line manager or by contacting the HR Advisory and Administration Team on UHW APPENDIX 2 APPEALING AGAINST A DECISION TO REJECT A REQUEST FOR FLEXIBLE WORKING A copy of the form to be used to make an appeal against a decision to reject an application for flexible working can be found on the UHB intranet. Staff who do not have access to the intranet may obtain an application form from their line manager or by contacting the HR Advisory and Administration Team on UHW Flexible Working Policy Page 16 of 37 Reference Number:HR/08 Version Number: 2

17 Section A: Assessment Name of Policy Flexible Working Policy Person/persons conducting this assessment with Contact Details Rachel Pressley, Senior HR Policy and Compliance Officer Date 25 June The Policy Is this a new or existing policy? Existing the revised policy also incorporates the previous Work Life Balance Guidelines What is the purpose of the policy? Flexibility in the workplace is about developing modern working practices to fit the needs of the 21st century. Both managers and employees can gain from flexible working opportunities as both parties have the flexibility to organise their working arrangements in a way that suits them. This can enable managers to adapt to changing service needs and individual employees to better balance their work and personal life. The Children and Families Act 2014 extends the right to request flexible working to all employees (not just those with parental responsibility for a child, or caring responsibilities for an adult) and replaced the requirement for the employer to deal with the request in accordance with the statutory procedure with a requirement to deal with the application in a reasonable manner. This policy sets out the principles of flexible working and provides managers and staff with background information on the types of Cardiff and Vale University Health Board Page 17 of 37 EQIA

18 flexible working available and the process to be followed. The UHB is committed to developing positive flexible working arrangements which allow people to balance work responsibilities with other aspects of their lives. By moving away from traditional perceptions of part time work it is hoped managers will broaden their understanding of the full range of flexible working practices and be encouraged to offer more flexible working opportunities. The purpose of this policy is to provide a framework of guidance for managers and to promote best practice by: promoting flexible working practices across the University Health Board (the UHB) regardless of job level challenging the perception that the traditional working patterns is the default option - empowering managers and employees to have a well-informed, confident and productive discussion on the flexible working options that may be suitable for a role promoting the business benefits of flexible working and ensuring that managers are fully supported to be able to implement practices in their areas ensuring that managers/supervisors are clear as to the principles underlying this process and the procedure to be followed, and that staff are treated fairly and equitably. How do the aims of the policy fit in with corporate priorities? i.e. Corporate Plan This policy ensure compliance with the Flexible Working Regulations 2014 There are links between this policy and the following: Special Leave Policy Maternity and Adoption Guidelines Parental Leave Guidelines NHS Wales Employment Break Protocol Homeworking Guidelines Recruitment and Selection Policy Annual Leave Guidelines Values and Behaviours Guidelines for Managers (draft) Who will benefit from the policy? Cardiff and Vale University Health Board Page 18 of 37 EQIA

19 All employees who have worked for the UHB for at least 26 weeks have the right to request to work flexibly What outcomes are wanted from this policy? Flexible working can help make the most of today s diverse workforce and reduce skills shortages. Benefits that organisations can potentially achieve from the use of flexible working include: a reduction in costs, notably by helping to retain valued employees and by reducing absenteeism and stress higher productivity offering flexible working attracts a wider range of candidates increased employee engagement, improves morale and translates into greater commitment and loyalty to the organisation an improved ability to deal with change through innovation and creativity Flexible Working can also enable support service redesign through the creation of new blended roles and the reshaping and development of existing roles in consultation with staff. The creative use of new and redesigned roles can result in improved services for patients and more rewarding careers for staff Are there any factors that might prevent outcomes being achieved? (e.g. Training/practice/culture/human or financial resources) Lack of communication of this policy not all staff have access to the intranet / a PC Lack of understanding about this policy and the responsibilities set out in it Lack of consistency in how the policy is implemented/applied Lack of understanding that it is possible to have a trial period before agreeing to a permanent change Lack of knowledge that the right to request flexible working is open to all and that it is not just for women and carers. 2. Data Collection What qualitative data do you have about the policy relating to equalities groups (e.g. monitoring data on proportions of service users compared to proportions in the population)? What quantitative data do you have on the different groups (e.g. findings from discussion groups, information from comparator Cardiff and Vale University Health Board Page 19 of 37 EQIA

20 authorities)? Please indicate the source of the data gathered? (e.g. Concerns/Service/Department/Team/Other) What gaps in data have you identified? (Please put actions to address this in your action plan?) The flexible working policy EQIAs from other organisations were accessed include those of: East Lothian Council United Lincolnshire Hospitals NHS Trust Barnsley Clinical Commissioning Group North West Ambulance Service NHS Trust University of Westminster Oxford Health NHS Foundation Trust North East London NHS Foundation Trust UHB staffing data was generated from the Electronic Staff Record in March 2014 Online guidance from the Equality and Human Rights Commission CIPD Survey Report, Flexible working provision and uptake, May 2012 Flexible working: Goodbye nine to five, Institute of Leadership & Management (ILM), 2013 Summary of Employment of Disabled People: Assessing the Extent of Participation, Institute of Employment Studies (IES), 1998 Ethnicity and patterns of employment and care, Equal Opportunities Commission, 2007 The Age UK website was also accessed. Modern Workplaces Consultation: Government Response to Flexible Working Proposals, Impact Please answer the following Consider the information gathered in section 2 above of this assessment form, comparing monitoring information with census data as appropriate (see Office National Statistics website) and considering any other earlier research or consultation. You should also look at the guidance in Appendix 1 with regard to the protected characteristics stating the impact and giving the key reasons for your decision. Cardiff and Vale University Health Board Page 20 of 37 EQIA

21 Do you think that the policy impacts on people because of their age? (This includes children and young people up to 18 and older people) Yes the policy has a positive impact in that it prevents discrimination on the basis of age (ie the same process is followed for all staff regardless of their age) Legally age differs from other protected characteristics in that an employer can make a decision based on someone s age, even if this would otherwise be direct discrimination, as long as it can be objectively justified (EHRC Guidance). All staff with more than 26 weeks service can apply for flexible working, and the Policy sets out the only reasons which can be given for rejecting an application. However, term-time working is designed specifically to assist employees with school age children, and is therefore more likely to be approved for younger workers. There has been a trend for employees over the age of 50 to increasingly seek opportunities for flexible working. In 2005, 30% of employees aged 50+ worked flexibly, by 2010 the proportion had increased to 38%. Having such flexibility within a job can help older people stay in work because it allows them to accommodate other things in life such as caring responsibilities, health issues and lifestyle choices (e.g. travel plans, hobbies, spending more time with a partner) while enabling them to pay the mortgage, improve a pension, meet a desire for mental stimulation or create a bridge into retirement. (Age UK) The age profile for Cardiff and Vale UHB staff is shown in the table below: Cardiff and Vale University Health Board Page 21 of 37 EQIA

22 Cardiff and Vale uhb Age Profile 31 March Headcount Under Over 70 The proportion of staff within each age group who work part time is shown below: Under Employee Category Full Time Employee Category Part Time Cardiff and Vale University Health Board Page 22 of 37 EQIA

23 A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: North West Ambulance Service stated that a positive impact was reported through consultation for older age groups in connection with flexible retirement, (n.b. flexible retirement within the UHB is managed primarily through the Retirement Policy and the Retire and Return Protocol though staff may choose to apply for flexible working prior to retiring and accessing their pension) Do you think that the policy impacts on people because of their caring responsibilities? Yes the policy has a positive impact in that it prevents discrimination on the basis of caring responsibilities and allows people the opportunity to apply to work flexibly to meet these responsibilities. All employees (and therefore all carers employed by the UHB) qualify for the right to request flexible working once they have worked for the UHB for at least 26 weeks. According to ILM, Flexible working is no longer seen as only available for mothers or primary carers, and just 9% of managers in the ILM survey felt that only these requests were considered in their organisation. The protected characteristic of the person with whom an employee is associated (ie the person they have caring responsibility for) may be relevant if an employer makes a decision based on that protected characteristic. (EHRC Guidance) A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Oxford Health NHS Foundation Trust found that the needs of staff who may be protected under the Equality Act by association may be illegitimately dismissed (in other words managers should take into account the protected characteristics of individuals cared for by employees) Do you think that the policy impacts on people because of their disability? (This includes Visual impairment, hearing impairment, physically disabled, Learning disability, some mental health issues, HIV positive, multiple sclerosis, cancer, diabetes and epilepsy). Yes the policy has a positive impact in that it prevents discrimination on the basis of disability (ie the same process is followed for all staff). Also, if an employee is disabled, it may be a reasonable adjustment to allow them to work flexibly if this removes a barrier to them being able to do the job (EHRC Guidance). Cardiff and Vale University Health Board Page 23 of 37 EQIA

24 While it is acknowledged that the IES summary report was published more than 15 years ago (1998) and much of it will now be out of date, it is still worth noting that adaptations can often play a role in keeping disabled people in work. Over one-quarter of disabled people who took part in this research and who left their job because of their disability said that adaptations would have enabled them to stay in work; but less than one in five of this group said then were offered such changes. (IES, 1998) Only a small percentage of staff have declared whether or not they have a disability. Of these 115 have indicated that they are disabled, and 48 of these work part time. Employee Headcount Category Disabled Full Time Part Time Grand Total No Not Declared Undefined Yes Grand Total part time full time Cardiff and Vale University Health Board Page 24 of 37 EQIA

25 A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: East Lothian Council found that their Flexible Working Policy had a positive impact in that if there was flexibility in start/end times and no core hours this eased personal health needs. However, there was a negative impact due to loss of paid time off for health care other than hospital appointments. North West Ambulance Service stated that there was a positive impact as the policy specifically references flexible working to support caring responsibilities and as a reasonable adjustment. Do you think that the policy impacts on people because of Gender reassignment? (This includes Trans transgender and transvestites) Yes - the policy has a positive impact in that it prevents discrimination on the basis of gender reassignment. If a request to work flexibly is made because an employee proposes to undergo, is undergoing or has undergone gender reassignment, the employer should consider the request on the same basis as they would consider any similar request made under the right to request flexible working. Employers should not refuse a request or treat it less seriously because it is being made by a transsexual person (EHRC Guidance). A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Oxford Health NHS Foundation Trust found that inappropriate misconceptions about family roles may have a negative impact. Do you think that the policy impacts on people because of their being married or in a civil partnership? Yes - the policy has a positive impact in that it prevents discrimination on the basis of being married or in a civil partnership. Do you think that the policy impacts on people because of their being pregnant or just having had a baby? Yes - the policy has a positive impact in that it prevents discrimination on the basis of being pregnant or just having had a baby. It is not sex discrimination against a man to provide special treatment to a woman in connection with pregnancy or childbirth (EHRC Guidance) The UHB Maternity, Adoption and Paternity Guidelines refer to the Flexible Working Policy and advise that if an employee wishes Cardiff and Vale University Health Board Page 25 of 37 EQIA

26 to return to work on different hours at the end of their maternity or adoption leave, their manager has a duty to facilitate this wherever possible, with them returning to work on different hours in the same job. If this is not possible, the manager must provide written, objectively justifiable reasons for this and the individual should return to the same grade and work of a similar nature and status to that which they held prior to their maternity or adoption leave. A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: North West Ambulance Service stated that a positive impact was reported through consultation for individuals returning from maternity leave Do you think that the policy impacts on people because of their race? (This includes colour, nationality and citizenship or ethnic or national origin such as Gypsy and Traveller Communities.) Yes the policy has a positive impact in that it prevents discrimination on the basis of race (ie the same process is followed for all staff regardless of their race). Whilst it is acknowledged that the Equal Opportunities Commission survey was published in 2007 and is now somewhat out of date, it is worth noting that it reports that working parents from ethnic minority backgrounds had less access to maternity pay, paternity leave and flexible working options. Patterns of working and family life varied considerably between parents from different ethnic minority groups, but ethnicity was a factor in patterns of employment and the choices available to parents of young children. The UHB profile of part time staff is shown by ethnicity below: Employee Headcount Category Ethnic Group Full Time Part Time Grand Total Asian or Asian British Black or Black British Chinese or Any Other Ethnic Group Mixed Other Specified Cardiff and Vale University Health Board Page 26 of 37 EQIA

27 Undefined or Not Stated White Grand Total A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: East Lothian Council found that their Flexible Working Policy had a positive impact in that it allowed flexibility to follow specific cultural practices and holidays, and would attract a more diverse workforce. Oxford Health NHS Foundation Trust found that inappropriate misconceptions about family roles may have a negative impact. Do you think that the policy impacts on people because of their religion, belief or non-belief? (Religious groups cover a wide range of groupings the most of which are Buddhist, Christians, Hindus, Jews, Muslims, and Sikhs. Consider these categories individually and collectively when considering impacts) Yes the policy has a positive impact in that it prevents discrimination on the basis of religion, belief or non-belief (ie the same process is followed for all staff). Some religions or beliefs may require their followers to pray at certain times of day, or to have finished work by a particular time. If an employer refuses to allow a worker to take particular rest breaks or to finish work by a particular time, they need to objectively justify their decision, as otherwise this may be indirect discrimination because of religion or belief (EHRC Guidance). The UHB Policy would allow members of staff to apply for flexible working in these instances and to formalise arrangements for longer unpaid breaks, lunchtimes at particular times etc. rather than depending on informal arrangements as long as the needs of the service are met. A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: East Lothian Council found that their Flexible Working Policy had a positive impact in that it enabled flexibility to follow specific cultural practices and holidays Do you think that the policy impacts on men and woman in different ways? Cardiff and Vale University Health Board Page 27 of 37 EQIA

28 No the policy prevents discrimination on the basis of gender, though it is possible that more women than men will access the policy. Women are more likely than men to use flexible working by a small margin, though this is less of a factor than it used to be. According to the CIPS 77% of women work flexibly in some way compared to 70% of men. Women are most likely to work parttime (49%), use flexitime (21%) and work from home on a regular basis (15%). Among men, flexitime (30%), working from home on a regular basis (25%) are the most commonly used practices. (CIPD, 2012) According to the ILM, gender is no longer a decisive factor and the number of men working flexibly is on the rise. Respondents to the ILM survey indicated that men are just as likely to be working flexibly as women, with just a two percentage point difference in those who have worked flexibly at some point in the last four years (88% of men and 90% of women). The only disparities between the sexes come in part time working (38% of men and 63% of women) and job sharing (13% of men and 22% of women). While there are still fewer men than women working part-time and in job share roles, ONS statistics show that the proportion of men working part-time has been increasing steadily for the last 20 years. The Government Response to the Modern Workplaces Consultation noted that previously the right to request flexible working enabled many parents and carers to integrate their work and family responsibilities. However because of the right to request restrictions previously in place, it created the cultural belief that flexible working is only of benefit to parents and carers and consequently for women, as they continue to deliver the majority of the caring role. The Agenda for Change Terms and Conditions and UHB Policy previously went beyond the legislatively limited right to request and allowed all employees to apply for the right to work flexibly. This remains the case now that the law has been extended. The UHB workforce profile is as below: Cardiff and Vale University Health Board Page 28 of 37 EQIA

29 Female Part Time, 37.46% Male Part Time, 3.76% Male Full Time, 20.47% Female Full Time, 38.30% A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: East Lothian Council found that their Flexible Working Policy had a positive impact in that it enabled carer responsibilities equally to address work/life balance United Lincolnshire Hospitals noted that studies have shown that men are less likely to request flexible working and suggested that societal stereotypes are such that men may feel less comfortable making such requests North West Ambulance Service stated that there was a positive impact for both genders but given national statistics indicating higher levels of caring responsibility amongst women there is a particular positive impact for this group Do you think that the policy impacts on people because of their sexual orientation? (This includes Gay men, heterosexuals, lesbians and bisexuals) Yes the policy has a positive impact in that it prevents discrimination on the basis of sexual orientation (ie the same process is followed for all staff). A number of EQIAs from other organisations were examined as part of this EQIA process of those checked: Cardiff and Vale University Health Board Page 29 of 37 EQIA

30 United Lincolnshire Hospitals noted that assumptions should not be made that a family unit consists of two heterosexual parents and stated that the policy should be applied equitably, with same sex partners having the equal rights under the legislation. It is possible that this will be more of an issue for same sex male couples as opposed to females due to the fact that less men work part time and their caring needs may not be so easily recognised. Oxford Health NHS Foundation Trust found that inappropriate misconceptions about family roles may have a negative impact. Do you think that the policy impacts on people because of their Welsh language? No - the policy will not impact people because of their Welsh Language Skills, however, managers should take into consideration the potential impact of flexible working on the ability to provide a service to Welsh speakers Cardiff and Vale University Health Board Page 30 of 37 EQIA