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1 Trust Policy and Procedure Flexible Working Statutory Right to Request Document ref. no: PP(16)127 For use in: For use by: For use for: Document owner: Status: All areas of Trust clinical and non-clinical All staff groups Flexible working arrangements for staff Executive Director of Workforce & Communications APPROVED Purpose of this document To give clear guidance on the eligibility and procedure for all staff to request flexible working arrangements in line with Employment Rights Act 1996 and regulations made under it. Contents Page no 1. Introduction 2 2. Eligibility 2 3. How to make an application 2 4. Flexible Working Options 2 5. Other Flexible Options 3 6. Managers Responsibility 3 7. Business Reasons Permitted for Refusal 3 8. Avoiding Discrimination 4 9. Timescales Right Of Appeal Employee s Remedies Review & Monitoring Document configuration 5 Appendix Page no A - Application Form 6 B Flow Chart 7 Issue Date: August 2016 Review date: August 2019 Page 1 of 7

2 1. INTRODUCTION The Employment Act 1996 and regulations made under it, gives provision for all employees to have a statutory right to request flexible working, providing they are eligible. These provisions do not give employees the right to work flexibly, only the right to request flexible working, and to have that request considered by the Employer. 2. ELIGIBILITY To be eligible to make a statutory request for flexible working you must: Have worked continuously for the Trust for at least 26 weeks on the date the request is made. Have not made another statutory request in the last 12 months. 3. HOW TO MAKE AN APPLICATION The request must be made in writing using Appendix A of this policy, and clearly state the following information: The date of the application Details of the change being requested The proposed date the change is requested from. The effect if any the change will have on the ward/department, and how this could be dealt with. That the request is being made under the statutory right to make a flexible working request, and if and when they have made any previous applications for flexible working. If the request is approved the employee will not be able to make another statutory request for 12 months. 4. FLEXIBLE WORKING OPTIONS The variation can relate to hours, times or place of work (restricted to the employee s home or another of the employer s workplaces). The following is a list of the various Flexible Working Options available to employees. Further details can be located in the Staff Handbook which can be found on the Trust Intranet site. Part Time Annualised Hours Term Time (3 year fixed term period) WSP Professional/Bank Home Working Job Share Career Break Issue Date: August 2016 Review date: August 2019 Page 2 of 7

3 5. OTHER FLEXIBLE OPTIONS Flexi Time The manager of Individual departments/wards can agree to implement a flexi time working arrangement, if the needs of the service would support this. Guidelines on how the flexi time would work should be written and agreed with staff before any system is implemented. The manager has the right to withdraw flexi time, giving the appropriate notice if the needs of the service are being detrimentally affected. 6. MANAGERS RESPONSIBILITY Once a Manager receives a written statutory request for flexible working, they should consider the request carefully considering the benefits to the employee and the impact on the service. They should arrange to talk to the employee at the earliest opportunity to fully understand the requested change. If the Manager can approve the request it will not be necessary to hold a meeting. The approval decision should be sent in writing to the employee confirming the details of the change and the date it is effective from. A copy should be sent to HR for the contract amendment to be completed and salaries advised. If the request is approved, the change to the Contract of Employment will be permanent, except in the case of a Term Time Contract which will be for a three year fixed term period, in line with the Term Time Policy PP()091. If the Manager needs to discuss the request or cannot approve the request a meeting should be arranged. The employee has the right to be accompanied to this meeting by either a Union representative or a work colleague. If the request cannot be approved the decision will be confirmed in writing to the employee giving sufficient reason why the request has been unsuccessful. The right of Appeal will be offered. 7. BUSINESS REASONS PERMITTED FOR REFUSAL The Manager must consider how the request will impact on business needs and the ability to provide the service. The Manager can reject the request but it must be for one of the following 8 business reasons: Burden of additional costs. Planned structural changes to the business Detrimental effect of the ability to meet the customer demands/service. Inability to reorganise the workload amongst existing employees. Inability to recruit additional staff Detrimental impact on the quality of service Issue Date: August 2016 Review date: August 2019 Page 3 of 7

4 Detrimental impact on performance. Insufficiency of work during the period the employee is requesting to work. 8. AVOIDING DISCRIMINATION An employee may be able to bring claims for indirect discrimination if the refusal of the flexible working request would place them at a disadvantage because of their protected characteristic. The Equality Act 2010 prohibits discrimination on the grounds of the protected characteristics, these being, age, disability, gender reassignment, marriage and civil partnership, pregnancy & maternity, race, religion & belief, and sex and sexual orientation. All managers must consider each flexible working request on its own merits and treat all staff fairly and consistently, and only reject a claim if it falls into the 8 business reasons in Section TIMESCALES All requests, including any appeals have to be considered and a decision made within three months from the date of the application, unless this period is extended with the agreement of the employee. If an employee fails to attend a meeting or appeal hearing to discuss the request, and fails to attend a rearrange meeting without good reason, the request will be considered as withdrawn. 10. RIGHT OF APPEAL Employees will be protected from suffering any detriment or being dismissed for exercising their right to request a contract variation through flexible working. Employees will only be allowed to challenge an unsuccessful statutory request on the following two points: The Employer gets the facts incorrect. The Employer does not follow the specified procedure. The appeal process: Appeal must be in writing to the Executive Director of Workforce & Communications. Must be received well within the 3 months deadline from when the application was originally sent. This is to allow for the appeal to be heard before the end of the 3 month deadline. An extension to the 3 month period can be agreed between the employee and the Trust. A meeting will be arranged with a Senior Manager and the employee on receipt of the Appeal. Employee will be informed of the appeal decision in writing, giving sufficient explanation for the reasons of a successful or unsuccessful appeal. Issue Date: August 2016 Review date: August 2019 Page 4 of 7

5 Employees have the right to be accompanied by a Union Representative or a work colleague. The highest level of appeal will be to the Chief Executive. 11. EMPLOYEE S REMEDIES An Employment Tribunal will have the power to require the Employer to reconsider the application and/or award compensation as follows: Up to 2 weeks pay for failing to allow an employee to be accompanied at a meeting. Up to 8 weeks pay for all other breaches of the procedure. Weekly pay is capped at the statutory minimum amount. 12. REVIEW & MONITORING This Policy will be reviewed every three years by the Executive Director of Workforce & Communications in consultation with Trust Council. 13. DOCUMENT CONFIGURATION Author(s): Angie Manning, HR Manager Other contributors: Approvals and endorsements: Corporate Risk Committee Consultation: Trust Council Issue no: 6 File name: CharlieS/Personnel/Policies/2016/PP(16)127Flexibl e Working Supercedes: PP(14)127 Equality Assessed Yes form completed Implementation Policies will be distributed by the IG Manager to General Managers, Service Managers and all Ward/Department Managers. Policy will be available on the Trust Intranet Site. Monitoring: (give brief details how Implementation, compliance and effectiveness of this will be done) this policy will be monitored by the HR & Communications Directorate on an ongoing basis. This will be achieved by monitoring the use of the policy, the application form and decisions taken by the managers regarding flexible working requests. 100% compliance is required on flexible working requests. Other relevant policies/documents & references: Employment Rights Act 1996 Issue Date: August 2016 Review date: August 2019 Page 5 of 7

6 STATUTORY REQUEST FOR FLEXIBLE WORKING APPENDIX A Name:.. Job Title Date of Request: Request is for a contract variation Yes/No Department:... Trust start Date:.. Previous statutory request dates.. (*delete as appropriate) Date of requested change: Change Current Requested Hours per week Times of work Place of Work Detail the effect you feel the above proposed changes will have on your employer.. Please give details on how you feel this can be addressed.... Office Use Only: Date of Meeting with employee: Request approved: YES/NO If YES, commencement date. Amendment to contract done: If NO, detail reasons: Issue Date: August 2016 Review date: August 2019 Page 6 of 7

7 RIGHT TO REQUEST FLEXIBLE WORKING Application in writing to Line Manager Meeting with Line Manager Within a reasonable timescale Approved permanent variation of contract completed with agreed commencement date Decision given to employee in writing Declined option to Appeal Appeal meeting completed within 3 months from the date of the request Appeal decision sent in writing giving sufficient reasons for approval or rejection Issue Date: August 2016 Review date: August 2019 Page 7 of 7