JOB SHARE POLICY AND PROCEDURES JANUARY This policy supersedes all previous policies for Job Share Policy and Procedures

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1 JOB SHARE POLICY AND PROCEDURES JANUARY 2016 This policy supersedes all previous policies for Job Share Policy and Procedures JOB SHARE POLICY_HR24_JANUARY 2016

2 Policy title Job Share Policy and Procedures Policy HR24 reference Policy category Human Resources Relevant to All Staff Date published February 2016 Implementation February 2016 date Date last January 2016 reviewed Next review February 2018 date Policy lead Louise Thomas, Head of HR and BP Contact details Telephone: Accountable director Approved by (Group): Approved by (Committee): Document history Membership of the policy development/ review team Consultation Director of Nursing and People Joint Policy Sub Group December 2015 Workforce Committee January 2016 Date Version Summary of amendments June 2002 January New Policy 2 Revised Policy HR; Staffside Representatives; Foundation Trust Managers/Directors Joint Policy Sub Group Workforce Committee DO NOT AMEND THIS DOCUMENT Further copies of this document can be found on the Foundation Trust intranet. i

3 Contents Page 1 Introduction 1 2 Definition 1 3 Procedure for dealing with requests for job share 1 4 Hours of work for job sharers 3 5 Job description, person specification and splitting of duties 4 6 Contract of Employment - Terms and Conditions for Job Sharers 4 7 Life-Long Learning 6 8 Promotion 6 9 Grievances/Complaints 6 10 Implementation of the policy 6 11 Review of the policy 6 12 Associated documents 6 Appendix 1: Job Share Confirmation Slip 8 Appendix 2: Guidance on Statutory Right to Flexible Working 9 Appendix 3: Job Share Application Form 11 Appendix 4: Job Share Response Form 14 Appendix 5: Equality Impact Assessment 15 ii

4 1. Introduction 1.1 Camden & Islington NHS Foundation Trust ( the Foundation Trust ) is an equal opportunities employer and has operated a Valuing Diversity Policy and practices for a number of years which aims to set a positive way forward for valuing diversity in the workforce and eradicating discriminatory practices. The Foundation Trust is also committed to improving working lives and to this end supports many flexible-working initiatives including the Job Share Policy. 1.2 The purpose of the Job Share Policy is: to enable employees to balance work and home responsibilities to help attract new staff to the Foundation Trust to help retain existing staff who have developed expertise in their various roles but who wish to reduce their working hours following a change to their personal circumstances. 1.3 All jobs within the Foundation Trust are open to job share unless a manager can clearly identify, in consultation with the Human Resources Department and the appropriate Associate Divisional Director, exceptional reasons why a post is unsuitable for job share. The policy applies to all existing and newly advertised posts. Consequently, very few posts will be designated as unsuitable for job share. 1.4 member of staff who works on a job share basis will be discriminated against with regard to access to training, career development opportunities, redundancy or any other circumstance connected with their employment. 1.5 This policy and procedure will be made available to all employees and managers in the Foundation Trust. All employees and managers are required to comply with it. 1.6 Camden and Islington NHS Foundation Trust believes that it is a mutual benefit to the Trust and its employees to work in partnership with Staff side. This policy has been developed and agreed by management and Staff side, in order to ensure staff are treated consistently and fairly. 2. Definition 2.1 Job sharing involves the division of all duties and responsibilities for a full time post between two people, with the full time salary and accompanying conditions of service being divided equally or proportionately between the two individuals (according to the split of hours). 2.2 A request to job share may be made by either: A candidate for appointment An existing employee without a job share partner Two existing employees who both wish to job share the same full time post 3. Procedure for dealing with requests for job share 3.1. In implementing this policy those parties concerned should ensure that requests are handled in a fair and consistent manner and in accordance with the Foundation Trust Valuing Diversity Policy. The request should be approved, subject to finding a job share partner, unless the manager can show there are exceptional reasons why the post cannot be shared. application for job share shall be refused without prior approval from the Human Resources Department and the appropriate Associate Divisional Director. Where a post is not considered suitable, reasons shall be made available to the employee/applicant on request If a position is deemed to be unsuitable for job sharing, consideration should be given to the creation of part time posts. This could be considered either on a temporary or permanent basis. For information on flexible working options please refer to the relevant guidelines or contact the HR department. From April 2007 employees (both male and female) who have caring responsibilities for a child under the age of 17 (18 if the child is disabled) or for an adult dependant will have a statutory right to request job sharing, if they meet certain eligibility 1

5 criteria. In June 2014, this was then extended to all employees who have at least 26 weeks service within the trust. However, our policy applies to all employees within the Trust, regardless of their length of service. Please find more details on the statutory right in appendix Procedure for dealing with requests from existing employees Following a discussion with the manager to explore the options, employees should formally apply to their manager by completing a Job Share Application form (appendix 3) for a job share arrangement to be agreed in respect of their job. The application should be made in writing to the manager with a copy forwarded to the HR Department The employee need not give reasons for requesting a job share arrangement The manager should arrange to meet with the post holder within 28 days of receiving the request todiscuss the request, hours of work, and check that the job description is current. The employee may be accompanied to the meeting by a trade union rep or a work place colleague. The manager should also ensure that the agreed in principle split does not leave a number of hours that are likely to be difficult to fill or that another flexible working arrangement would not be more suitable. The manager should confirm the outcome in writing within 14 days of the meeting in accordance with the Flexible Working Policy by completing a Job Share response form (appendix 4) to the employee Employees are strongly advised to explore the possible effects on their pension and any benefits which are calculated on a pro rata basis. Some information relating to this is included in section 6 of this policy. For further information please contact the HR Department on When the job share has been agreed in principle, and subject to a suitable job share partner being appointed, the vacant hours will be advertised in accordance with the Foundation Trust s Recruitment and Selection Policy. The advertisement should specify that the position is a job share post and should detail the hours to be worked Applicants would be shortlisted and interviewed in accordance with the usual recruitment and selection process All shortlisted candidates will be sent a copy of the Job Share Policy and Procedure The existing employee should not be involved in the recruitment and selection process. However, following appointment and before the start date, the job sharers should meet to discuss the working arrangements In the event of it not being possible to facilitate a job share arrangement, for example where no suitable applicants were appointed following an internal advertisement, the individual will be given full reasons as to why the arrangement cannot proceed. Consideration should also be given to part time working and other flexible working options 3.3 Procedure for dealing with new vacancies All positions advertised by the Foundation Trust are open to job share unless the position has been deemed unsuitable for job share by the manager, the Associate Director of HR and the appropriate Associate Divisional Director Candidates will be asked on the application form whether they wish to job share All shortlisted candidates who wish to job share will receive a copy of the Job Share Policy and Procedure and details of any specific requirements for working arrangements. 2

6 3.3.4 In accordance with the Recruitment and Selection Policy, all candidates who apply for the advertised position, whether on a full time or job share basis, and irrespective of whether they apply with a partner shall be: Shortlisted separately against the selection criteria for the post. Interviewed separately Asked the same questions at interview and given an identical selection test where appropriate Where job sharers apply with a partner, each applicant must be treated individually and equally. In this situation interviewers are not obliged to appoint both candidates, if one or both are unsuitable Following interview, the selection panel should make their decision to appoint on the basis of an individual s suitability and assessed ability to fulfil the requirements of the post using the stated essential criteria for the post. account should be taken of whether the applicant is applying for the position as a job share Procedure where only one candidate is suitable to appoint to the vacancy: Where only one candidate who wishes to job share is appointable, consideration will then be given to the service needs and whether it is possible to defer appointing to the post pending the appointment of a second job share partner Where this is possible the candidate will be advised that the appointment is conditional upon a job share partner being appointed within up to a maximum of 2-months The remaining part of the post will then be re-advertised, at least internally, according to the usual recruitment and selection procedures and the above process Should a suitable job share partner not be appointed within 2 months from the interview date, the candidate will be advised accordingly and given the opportunity to accept the post on a full time basis Consideration should be given as to whether or not the position could be offered on a part time basis. 3.4 Procedure when a job sharer leaves Should the employment of one of the job share partners terminate for any reason, the job share arrangement will only continue where arrangements for a replacement can be made Where there is no substantial difference in the remaining post holders role (for example the remaining post holder undertakes all the duties), the remaining job-sharer will be offered the opportunity to slot into the full time post If the individual wishes to continue working on a job share basis, the post will be advertised in accordance with section 3.1 above and the Recruitment and Selection Policy. Consideration should also be given to making the position part time and other flexible working alternatives If, following advertisement, no suitable job share partner is identified, then the whole job share post may be advertised, as appropriate, and the existing job-sharer, if at risk, will be dealt with in accordance with the Foundation Trust s Change Management Policy and every effort will be made to offer alternative work on a job share or part time basis. 4. Hours of work for job sharers 4.1 Where a position is operated as a job share it will remain on the establishment as a whole time post. The position does not have to be split equally in half. For example, one person could work two days and the other three. The hours of work should be mutually agreed between the job sharing employees and their manager. Consideration should be given to an 3

7 employee s outside responsibilities and commitments and the operational needs of the service There are various ways in which the time may be divided for job-sharing, and different posts are suited to being shared in different ways. Suggested options are as follows: Morning and afternoon split Divided week (i.e. 2.5 days each) Week on/ week off basis Arrangement which include overlap to cover service needs Alternative methods agreed between the job sharers and the manager 4.2 Overlap Period Job share partners should arrange their hours (in conjunction with their manager) so that there is a period where they can hand over any work-related issues. This would normally be within the equivalent of the full time hours for the post, but could in certain circumstances be an additional one hour each (for example) as part of their normal working hours for which the job share partners would be paid at their normal rate. 4.3 Change of hours For job sharing to operate successfully it is necessary that the employees and their manager remain flexible in arranging hours of work, i.e. overlap periods etc. Any changes to the job share arrangements must be by mutual agreement between all parties. 4.4 Cover arrangements Job share partners should not be under an obligation to cover their partner s absence unless specifically agreed. Where absence is covered and work is undertaken in addition to normal working hours, payment will be made at the standard hourly rate for the position. 5. Job description, person specification and splitting of duties 5.1 Both job sharers will work to the same job description, person specification and should be able to individually fulfil all of the specified responsibilities. The duties and responsibilities of the post will need to be analysed by the job sharer and their manager and an agreement reached about how these will be split. 5.2 For example the division may be into tasks, projects, patients or time. The division of work should be discussed prior to the arrangement commencing and should be reviewed on a regular basis between the job sharers and the manager. 5.3 Each job share partner should always be in a position to fulfil all the duties and responsibilities of the whole post. Therefore, wherever possible, job share partners should rotate duties in order to facilitate this and ensure they both gain experience in all aspects of the post. 6. Contract of Employment - Terms and Conditions for Job Sharers 6.1 Each post holder will have an individual contract of employment and this will detail the terms and conditions of their employment with the Foundation Trust. Employees working on a job share basis will be entitled to the same terms and conditions of service that would be received by an individual undertaking the post on a full time basis Each job sharing post holder will be asked to sign Appendix 1 of this policy to confirm their understanding and acceptance of its contents. This will be held on their personnel file with their Statement of Main Terms and Conditions of Employment. 4

8 6.2 Salary Job share partners will receive a pro rata salary related to the number of hours worked. In circumstances where it is agreed that the overlap period may be an additional period of work outside normal working hours, this extra amount will be paid at the normal rate Incremental points and dates will be calculated on an individual basis in accordance with the terms and conditions of the post and the individuals previous relevant experience and qualifications. This may result in job sharers receiving a different salary Additional allowances will be paid on a pro rata basis depending on the number of hours worked. 6.3 Unsocial hours and shift payments Where these are payable under the terms and conditions for the post, they will be calculated as if the post was occupied on a full time basis and divided between job share partners on a pro rata basis. 6.4 Annual leave Annual leave will be determined individually on a pro rata basis in accordance with the terms and conditions for the post and the number of hours worked It is preferable that job sharers take annual leave at different times however requests for annual leave will be considered separately and will be subject to the exigencies of the service. 6.5 Public Holidays Where the full time post is shared equally, both job share partners shall be entitled to an equal number of public holidays, i.e. 4 days each Where the full time hours are not shared equally, public holidays shall be proportionate to hours worked This may result in the normal working arrangements during some or all bank holiday weeks being changed, in agreement with the job-sharers and their manager, to enable the bank holidays to be taken. It is the Foundation Trust s position that no member of staff should be treated less favourably on the basis of their part time working status. Therefore, in accordance with the Valuing Diversity Policy and Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 all part time staff, including job sharers will receive pay, benefits and entitlements on a pro-rata basis. 6.6 Occupational sick pay and maternity pay Job sharers will qualify and be paid occupational sick pay and occupational maternity in accordance with the terms and conditions for their post and their length of service; proportionate to the number of hours worked. This will be calculated on an individual basis for each job share partner The length of service required for payment and the length of time for which payments are received will not differ from full time employees. 6.7 Pensions All employees, whether full time or part time, are eligible to join the NHS Pension scheme. For advice on the implications of working part time on their pension arrangements, job sharers should contact the Pensions Adviser on

9 6.8 Redundancy In a redundancy situation, job sharers will be treated no less favourably than their own full time equivalents. job sharer will be selected for redundancy on the grounds of their employment status as a job sharer. 7. Life-Long Learning 7.1 Job sharers will enjoy the same training opportunities that are afforded to full time employees. Training needs will be assessed on an individual basis for each job share partner with reference to the job description and person specification. 7.2 Every attempt should be made to undertake training on days normally worked. Where this is not possible, job sharers will be paid for all extra hours worked (at normal hourly rate) while they are training outside their agreed working pattern or agreed time off on another day. 7.3 Each job share partner will have separate appraisals. Although it is a normal expectation that individuals progress through every pay band, it is possible that after both undergoing separate appraisals, one job share partner progresses through a pay band and the other does not. 8. Promotion 8.1 Job sharers are eligible to apply, whether individually or jointly, for promotion on equal terms with full time employees and in accordance with the above procedures. 9. Appealing Against a Managers Decision 9.1 Where any disputes arise over the operation of this policy, they should be dealt with under the Foundation Trust Flexible Working Policy. If you wish to appeal against a manager s decision please follow the procedure set out in section 12 of the trust s Flexible Working Policy. 10. Implementation of the policy 10.1 Advertisements The Foundation Trust is committed to supporting flexible working and as such all positions are advertised as being open to job share applications. This shall be the case unless the manager can clearly identify, in consultation with the Human Resources Department, and the appropriate Associate Divisional Director, exceptional reasons why a post is unsuitable for job share. 11. Review of the policy 11.1 This policy will be reviewed every two years from the date of ratification. Earlier review may be required, for example, due to changes in best practice, legislation or national terms and conditions and staff survey feedback. 12. Associated documents and contacts Change Management Policy Flexible Working Policy and Procedure Human Resources Department: Learning and Development Department: Occupational Health Services: Payroll Department: Pensions Department: Recruitment and Selection Policy Advisory Conciliation and Arbitration Service (Monday-Friday 8am-8pm and Saturday 9am-1pm) 6

10 Appendix 1 Job Share Confirmation Slip I confirm my understanding and acceptance of the terms and conditions laid out in the Foundation Trust s Job Share Policy and Procedure. I understand that this confirmation slip will be kept on my personnel file along with my Statement of Main Terms and Conditions of Employment. Signed Dated Name (printed) Job Title 7

11 Appendix 2 Statutory Right to apply for flexible working in order to fulfil childcare responsibilities 1.0 Introduction 1.1 The Employment Act 2003 introduced the right of parents of young and disabled children to apply to work flexibly. In April 2007 this was extended to include carers of adults. In June 2014, this was then extended to all employees who have at least 26 weeks service with their employer. However, our policy applies to all employees within the Trust, regardless of their length of service. However, if an employee falls within any of the following circumstances, consideration must also be given in line with the relevant legislative requirements. 1.2 The legislation does not provide an automatic right to work flexibly as there will always be circumstances when the employer is unable to accommodate the employee s desired work pattern. The aim is to facilitate discussion so that a solution can be found that suits the needs of both the employer and employee. 2.0 Eligibility Criteria In order to make a request under the statutory right, individuals will have to meet the following criteria: Be an employee (not an agency or bank worker). Have worked for their employer continuously for 26 weeks at the date the application is made. Must have not made another application to work flexibly under the right during the last 12 months 3.0 The Procedure 3.1 The procedure for making an application for a job share arrangement 4.0 Rights and Responsibilities Employees Rights and Responsibilities: To apply to work flexibly. To have their application considered properly in accordance with the set procedure and refused only when there is clear business grounds for doing so. To be accompanied by a Trade Union representative or colleague when meeting with their Manager/Associate Divisional Director to discuss their application. Where an application is declined to have a written explanation explaining the ground(s) for refusal. To appeal against their manager s decision to refuse an application. To provide a carefully thought-out application. To ensure their application is valid by checking that all the eligibility criteria are met and that they have provided all the necessary information. To ensure the application is made well in advance of the date they want the proposed change to take effect. To arrive at meetings on time and to be prepared to discuss their application in an open and constructive manner. If necessary, be prepared to be flexible themselves, to reach a mutually acceptable agreement with their employer. 8

12 The Foundation Trust s Rights and Responsibilities: To reject an application when the desired working pattern cannot be accommodated within the exigencies of the service and to explain to the employee in writing why it applies. To seek the employee s agreement to extend timescales where it is appropriate. To consider requests properly in accordance with the set procedure. To ensure that it adheres to the time limits contained within the procedure. To provide the employee with appropriate support and information during the course of the application. To ensure that any variation with the procedure is agreed in advance and recorded in writing. 5.0 Considerations for Management when refusing a request In deciding whether there are sufficient grounds for declining a request to work flexibly made under the Employment Act 2002 managers should consider whether the following circumstances apply: The burden of any additional costs is unacceptable; An inability to reorganise work among existing staff; Inability to recruit additional staff; It is considered that the change would have a detrimental impact on quality; It is considered that the change would have a detrimental effect on the service s ability to meet service user / commissioner demand; It is considered that the change would have a detrimental impact on performance; There is insufficient work during the periods the employee proposes to work; There are known planned structural changes, for example, where the Trust intends to reorganise or change the service and the Trust considers the flexible working changes may not fit with these plans. 9

13 Appendix 3 JOB SHARE APPLICATION FORM (JS/A) 1. Personal Details Name: Department: Manager: Directorate: To the Manager I would like to apply to work as a job share. 2. How do you anticipate sharing the responsibilities of the post? 2.1 How do you see the hours being split? (Continue on a separate sheet if necessary) 10

14 2.1 How many hours per week do you propose for your personal job share arrangements? 3. What impact will the proposed job share arrangement have on the team and how will this be overcome? 4. Have you already identified an individual who wishes to pursue this option as your job share partner? If yes, are they prepared to discuss arrangements at this stage? Name:. Date:.. 11

15 Return this section of the form to the employee in order to confirm your receipt of their application Managers Confirmation of Receipt: (to be completed and returned to the employee) Dear: I confirm that I received your request for a job share on: Date: I shall be arranging a meeting to discuss your application and writing to confirm my response within 28 days following this date. From: Job Title: 12

16 Appendix 4 JOB SHARE RESPONSE FORM (JS/B) te to the manager: You must write to your employee within 28 days following their application with your decision. This form can be completed by the manager when accepting an application to job share. Dear: Department: Following receipt of your application to job share and our meeting on Date: I have considered your request and. I am pleased to confirm that I agree to your request as set out in your application. I have discussed the proposed job share with the employee and have agreed the amendments set out below. On this basis I agree to the implementation of the job share and will pursue arrangements to fill the other half of the role I have advised the employee I am unable to accommodate your request for the reasons outlined below. te to the employee: Please note that any change in your working pattern will be a permanent change to your terms and conditions of employment and you have no right in law to revert back to your previous working pattern. The Human Resources Department will be asked to confirm this to you in writing. If you have any questions on the information provided on this form please contact me to discuss them as soon as possible. Name: Date: Signature:. 13

17 Appendix 5 Equality Impact Assessment Tool Yes/ Comments 1. Does the policy/guidance affect one group less or more favourably than another on the basis of: Race Ethnic origins (including gypsies and travellers) Nationality Gender Culture Religion or belief Sexual orientation including lesbian, gay and bisexual people Age Disability - learning disabilities, physical disability, sensory impairment and mental health problems 2. Is there any evidence that some groups are affected differently? 3. If you have identified potential discrimination, N/A are any exceptions valid, legal and/or justifiable? 4. Is the impact of the policy/guidance likely to be negative? 5. If so can the impact be avoided? N/A 6. What alternatives are there to achieving the policy/guidance without the impact? N/A 7. Can we reduce the impact by taking different action? N/A 14

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