HUMAN RESOURCES FLEXI-TIME WORKING

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1 Item 9.2 Staff Governance Committee SGC/2012/26 21 August 2012 HUMAN RESOURCES FLEXI-TIME WORKING POLICY MANAGER D Morales POLICY GROUP Flexi Time Working Policy Review Group Policy Established Last Updated June 2012 Policy Review Period/Expiry June 2014 This policy does / does not apply to Medical/Dental Staff UNCONTROLLED WHEN PRINTED

2 Flexi-Time Working Policy Version Control Version Number Purpose/Change Author Date 1.0 Version Control was introduced in July 2011 and previous versions of this Policy, prior to this date, are available in the Electronic Document Store. D Morales 2.0 Review of Policy. D Morales June

3 CONTENTS PAGE 1 Introduction Page 3 2 Flexi-time System Page 3 3 Benefits of a Flexi-time System Page 3 4 Developing the System Page 4 5 Abuse of the System Page 4 6 Example of Flexi-time Agreement Page 5 & 6 Policy Approval Checklist Page 7 & 8 Rapid Impact Checklist Page 9 3

4 FLEXI-TIME WORKING POLICY (1) Introduction NHS Tayside is committed to improving the quality of working life for its staff and the purpose of a flexi-time system is to promote a work life balance, which allows employees to manage effectively their work commitments with their personal commitments taking limited time out and fitting appointments around the core working day. The purpose of this policy is to provide a practical guide, which enables managers and staff to fully understand the flexible hours system. (2) Flexi-time System The flexi-time system allows staff the opportunity to vary their contracted working hours within agreed set limits by varying their start and finish times and lunch breaks provided they are present at work during mandatory core times. The core time is the time that staff must be at work, and this consists of two periods morning and afternoon. Consideration must be given to other colleagues and to the need of keeping the service/department/work area covered. Staff have the opportunity to build up debit or credit of hours worked within an agreed period (normally 4 weeks). These hours can then be consolidated into for example, a day or two half days off in the agreed period. Flexi-time/days/ or half days off should be at the agreement of the line manager and adequate notice must be given. Any disputes relating to time off will be pursued within NHS Tayside s Grievance or Employee Conduct Policy as appropriate. Flexi-time has a widespread history both inside and outside the NHS. The relevant manager should assess whether or not this system can be extended to other bands and disciplines. (3) Benefits of a Flexi-time System There are benefits for both staff and the organisation in the use of such a scheme. These include being able to fit personal or domestic circumstances around the start and finish of the working day, for example being able to miss the rush hour traffic, choosing to work early or late when there are fewer interruptions, being able to accrue extra hours that can be taken as time back at a later date. (4) Developing the System Any agreement drawn up should contain the agreed core times as well as the bandwidth times i.e. the full span of the working day with the earliest start time and the latest finishing time. It should also include the number of accrued hours allowed in the given period of settlement as well as details of how this time may be taken i.e. on one full day or two half days. Managers and staff should also take into consideration the requirements of the Working Time Regulations. The settlement period is usually a period of four weeks with thirteen of these periods in a year. 4

5 The document should also lay out the procedure for applying for flexi-time as well as informing of the consequences of abuse of the system. It should also make provision for any staff who wish to continue to work the normal recognised hours. Staff should retain the right to opt out of a flexi-time system should they wish to do so. Copies of any relevant documentation used within the system should be attached. A request for a flexi-time system is not automatically guaranteed and consideration must be given to the service provision of the department/ward/work area when a request for flexi-time is made. As with other options in flexible working policies proper consideration to a request for flexi-time should be given and only where there are good sound organisational reasons should this be refused. In such circumstances a full explanation should be given to the member of staff/staff grouping. (5) Abuse of the System It is the responsibility of all staff working a flexi-time system to ensure that their contracted hours of employment are worked appropriately and all flexi-time sheets are accurately documented. Any inaccurate recording of attendance will be pursued under the NHS Tayside Employee Conduct Policy and could result in disciplinary action up to and including dismissal. It is the responsibility of the manager/supervisor to check time sheets at the end of each flexitime period and to monitor the use of credit or debit time. The manager reserves the right to end flexi-time working arrangements if the system is abused or the working pattern adversely affects the operation of the service/department/work area. 5

6 EXAMPLE OF FLEXI-TIME AGREEMENT 1. Introduction NHS Tayside is an employer committed to the principles of family friendly working and recognises that as one of a range of options this Flexi-Time agreement gives staff considerable discretion in their starting and finishing times each day. 2. Hours of Duty Working hours per week are (enter no.) Staff will work from (enter time) each (enter days of week) with a minimum of 30 minutes and a maximum of 2 hours lunch break, taken between (enter times). This is known as core time. Each member of staff will have discretion within agreed limits to work any balance outstanding of the (enter hours) at times of their choosing but all departments must ensure with the co-operation of staff that adequate staffing levels are maintained during the working day. Any balance outstanding must be worked within the hours of (enter times for morning and afternoon core times). The period between (enter earliest and latest times for start and finish) is known as the bandwidth. Working outside this bandwidth will only be allowed if authorised by direct line manager (or other named person). 3. Personal Appointment Members of staff making appointments with General Practitioners, Dentists, or Opticians are expected to ensure that wherever possible these take place outwith core times. On occasions it may be necessary to take these appointments during core time as hospital appointments, for example, may not be within the individuals control. These appointments will be regarded as time on duty but must nevertheless be sanctioned by the departmental manager. If the appointment is likely to be for more than half a day, it should be taken as special leave and, as such, must be authorised by the individual s departmental manager. 4. Settlement Period The settlement period will be 4 weeks and there are 13 such periods in a year. Debit or credit up to (enter no of hours) may be carried forward to the next settlement period. During the settlement period a whole day or 2 half days may be taken off in lieu of credit accumulated or in anticipation of credit to be accumulated during the settlement period. Requests for time off must be submitted in advance to the line manager for authorisation. 5. Record of Hours Worked Each employee will record his or her own time when commencing and leaving work, including lunch breaks on the appropriate documentation. At the end of each day, an employee should enter the total time worked. At the end of each week/month, a copy of the flexi-recording sheet should be submitted to the appropriate line manager or other named person. 6

7 6. Treatment of Authorised Absences/Leave Absences through sickness, attendance at courses, annual leave and other leave of absence with pay will be regarded as (x hours x minutes per day). The hours of authorised absence should be entered on return. For the purpose of recording a half day will be defined as x hours x minutes. 7. Part Time Staff This agreement will also apply to part time staff with the relevant changes to work times. 8. Responsibility It is the responsibility of all staff working a flexi-time system to ensure that their contracted hours of employment are worked appropriately and all flexi-time sheets are accurately documented. Any inaccurate recording of attendance could result in disciplinary action, up to and including dismissal. It is the responsibility of the manager/supervisor to check time sheets at the end of each flexi-time period and to monitor the use of credit or debit time. The manager reserves the right to end flexitime working arrangements if the system is abused or the working pattern adversely affects the operation of the service/department/work area. 7

8 NHS TAYSIDE - POLICY/STRATEGY APPROVAL CHECKLIST This checklist must be completed and forwarded with policy to the appropriate forum/committee for approval. POLICY/STRATEGY AREA: Directorate for Workforce POLICY/STRATEGY TITLE: Flexi-time Policy LEAD OFFICER: Deborah Morales, Senior HR Adviser, Workforce Directorate Why has this policy been developed? Has the policy been developed in accordance with or related to legislation? Please give details of applicable legislation. Has a risk control plan been developed? Who is the owner of the risk? Who has been involved/consulted in the development of the policy/strategy? Has The policy/strategy been assessed for Equality and diversity in relation to:- Race/Ethnicity Gender Age Religion/Faith Disability Sexual Orientation Does the policy contain evidence of the Equality & Diversity Impact Assessment Process? Is there an implementation plan? Which officers are responsible for implementation? When will the policy/strategy take effect? Who must comply with the policy/strategy? How will they be informed of their responsibilities? Is any training required? If yes, has any been arranged? Are there any cost implications? If yes, please detail costs and note source of funding Who is responsible for auditing the implementation of the policy? What is the audit interval? Who will receive the audit reports? When will the policy/strategy be reviewed and by whom? (please give designation) Review of existing policy. Employment Relations Act 1999 Sex Discrimination Act 1975, Disability Discrimination Act 1995, Working Time Regulations N/A Tayside-wide consultation. HR Forum Has the policy/strategy been assessed For Equality and Diversity not to disadvantage the following groups:- Minority Ethnic Communities (includes Gypsy/Travellers, Refugees & Asylum Seekers) Women and Men Religious & Faith Groups Disabled People Children and Young People Lesbian, Gay, Bisexual & Transgender Community YES NO YES NO Director for Workforce Review of existing policy following APF approval. All managers and staff Intranet, Induction, Local HR Awareness Sessions YES NO YES NO YES NO 2 years 2 years Representative for Workforce 8

9 EQUALITY AND DIVERSITY RAPID IMPACT ASSESSMENT Name of Function/Policy/Strategy NHS Tayside Flex-time Policy Workstream Clinical/Non-Clinical Location of Function/Policy/Strategy Workforce Directorate What are the main aims of your function/policy/strategy NHS Tayside is committed to improving the quality of working life for its staff and the purpose of a flexi-time system is to promote a work life balance Is this a new/existing policy/function/strategy? Existing Policy What are the intended outcomes from the proposed function/policy/strategy? The purpose of this policy is to provide a practical guide, which enables managers and staff to fully understand the flexible hours system. Priority: state whether high/low High Review Team: who is assessing or considering the assessment? Flexi-time Working Group Names and titles of team members Deborah Morales, Specialist Workforce Adviser, Human Resources George Frame, Unison Staff side representative Susan McKelvie, Medical Records Manager Morag Hay, Admin Services Manager Dawn Weir, General Manager, Infection Control & Management Role of assessment team To develop the policy and carry out an Equality and Diversity Impact Assessment When completed please attach to the policy prior to endorsement/approval at the relevant committee. 9

10 Item No Considerations Detail Impact and Identify Groups Affected 1. Which groups of the The flexitime system may not be population will be affected by suitable for all disciplines the function/policy? (clinical/non clinical) Document the Evidence/Research The flexi-time system may have to be restricted to certain staff/groups due to the nature of the service provision/patient care within the organisation. Alternative flexible working options may have to be considered. Actions Taken/To be Taken The relevant manager should assess whether or not this system can be extended to other bands and disciplines. Should the flexi-time system be deemed inappropriate within an area NHS Tayside has alternative policies which can be accessed in order to alleviate worklife balance dilemmas such as NHS Tayside Special Leave Policy. 1.1 Will it impact on the whole population? This policy will not have a direct impact on any of the stated groups of the population. As above. As above. 1.2 If not which groups of the population do you think will be affected by this function/policy? Minority ethnic population (including refugees, asylum seekers & gypsies/travellers) Women and men This policy will not have a direct impact on any of the stated groups of the population. As above. As above. 10

11 People in religious/faith groups Disabled people Older people, children and young people Lesbian, gay, bisexual and transgender people People with mental health problems Homeless people People involved in criminal justice system staff 11

12 Item No Considerations Detail Impact and Identify Groups Affected 2. What impact will the This policy will not have a direct function/policy have on impact on any of the stated lifestyles? lifestyles. For example will the changes affect: Diet & nutrition Exercise & physical activity Substance use: tobacco, alcohol or drugs Risk taking behaviours Education & learning or skills Other Document the Evidence/Research A flexi-time system is used to assist employees to balance their competing work/life demands. Actions Taken/To be Taken 12

13 Item No Considerations Detail Impact and Identify Groups Affected 3. Does your function/policy This policy will have no direct consider the impact on the impact on the social social environment? environment as outlined Things that might be affected include: Social status Employment (paid/unpaid) Social/family support Stress Income Document the Evidence/Research A flexi-time system is used to assist employees to balance their competing work/life demands. Actions Taken/To be Taken 13

14 Item No Considerations Detail Impact and Identify Groups Affected 4. Will the proposal have any The policy provisions apply impact on: equally to all staff employed Discrimination within NHS Tayside. However Equality of opportunity consideration must be given to Relations between the provision of service, and how groups the delivery of services will be Other carried out if staff request Document the Evidence/Research However due to the nature of the flexi-time system, the use of the system may be restricted due to the nature of the service provided which may impact on clinical/non clinical staff. Actions Taken/To be Taken 5. Will the function/policy have an impact on the physical environment? For example will there be impacts on: Living conditions Working conditions Pollution or climate change Accidental injuries/public safety Transmission of infectious diseases Other The policy would have a positive impact on improving working conditions NHS Tayside is committed to improving the quality of working life for its staff and the purpose of a flexi-time system is to promote a work life balance, which allows employees to manage effectively their work commitments with their personal commitments taking limited time out and fitting appointments around the core working day 14

15 Item No Considerations Detail Impact and Identify Groups Affected 6. Will the function/policy affect The policy will have no direct access to and experience of impact on access to and services? experience of services. For example Healthcare Social services Education Transport Housing Document the Evidence/Research The purpose of this policy is to provide a practical guide, which enables managers and staff to fully understand the flexible hours system Actions Taken/To be Taken 7. Consultation 1) What existing consultation data do we have or need? Existing consultation sources Original consultations Key learning 2) What new consultation, if any, do you need to undertake? The purpose of the flexi-time group was to review and update the policy. Full consultation was undertaken within the organisation, and the policy was distributed to members of the HR Forum. Following consultation the group agreed amendments and adjustments and these were undertaken. The policy was developed in partnership. 15

16 Item No Considerations Detail Impact and Identify Groups Affected 8. In relation to the groups The policy will reinforce NHS identified Tayside s commitment to What are the potential improving the quality of working impacts on health? life for its staff. Will the function/policy impact on access to health care? If yes - in what way? Will the function/policy impact on the experience of health care? If yes in what way? Document the Evidence/Research The purpose of a flexi-time system is to promote a work life balance. Actions Taken/To be Taken 16

17 Item No Considerations Detail Impact and Identify Groups Affected 9. Have any potential negative This policy would not directly impacts been identified? discriminate against any of the If so, what action has groups identified at item 3. been proposed to counteract the negative However there may be an impacts? (if yes state impact on particular staff/groups how) on account of the service For example: requirements to maintain patient Is there any unlawful care discrimination? Could any community get an adverse outcome? Could any group be excluded from the benefits of the function/policy? (consider groups outlined in item 3) Does it reinforce negative stereotypes? (For example, are any of the groups identified at item 3 being disadvantaged due to perception rather than factual information?) Document the Evidence/Research The flexi-time system may have to be restricted to certain staff/groups due to the nature of the service. Actions Taken/To be Taken The relevant manager should assess whether or not this system can be extended to other bands and disciplines. Should the flexi-time system be deemed inappropriate within an area NHS Tayside has alternative policies which can be accessed in order to alleviate worklife balance dilemmas such as NHS Tayside Special Leave Policy. 17

18 Item No Considerations Detail Impact and Identify Groups Affected 10. Data & Research This is not a new policy and no Is there need to gather further evidence/data is further evidence/data? required. Are there any apparent gaps in knowledge/skills? Document the Evidence/Research Actions Taken/To be Taken Annual Review 11. Monitoring How will the outcomes be monitored? Who will monitor? What criteria will you use to measure progress towards the outcomes? Internal audit carried out annually by managers who operate a flexi-time system. Use of internal processes and procedures to evidence any concerns. Annual Review 12. Recommendations (This should include any actions required to address negative impacts identified) It is the responsibility of all staff working a flexi-time system to ensure that their contracted hours of employment are worked appropriately and all flexi-time sheets are accurately documented. Any inaccurate recording of attendance will be pursued under the NHS Tayside Staff Discipline Policy/Employee Conduct Policy and could result in disciplinary action up to and including dismissal. It is the responsibility of the manager/supervisor to check time sheets at the end of each flexi-time period and to monitor the use of credit or debit time. The manager reserves the right to end flexi-time working arrangements if the system is abused or the working pattern adversely affects the operation of the service/department/work area. 18

19 Item No Considerations Detail Impact and Identify Groups Affected 13. Is a more detailed assessment There is no more detailed needed? assessment needed and would If so, for what reason? recommend that further assessment be carried out as part of normal review and 14. Completed function/policy Who will sign this off? When? update of policy. HR Forum (DATE) Area Partnership Forum (DATE) 15. Publication This policy will be accessible via the Staffnet Workforce Policies Document the Evidence/Research Actions Taken/To be Taken

20 Positive Impacts (Note the groups affected) Rapid Impact Summary Sheet NHS Tayside is committed to improving the quality of working life for its staff and the purpose of a flexi-time system is to promote a work life balance, which allows employees to manage effectively their work commitments with their personal commitments taking limited time out and fitting appointments around the core working day. NEGATIVE IMPACTS (NOTE THE GROUPS AFFECTED) The flexi-time system may have to be restricted to certain staff/groups due to the nature of the service. Consideration must be given to other colleagues and to the need of keeping the service/department/work area covered. The relevant manager should assess whether or not this system can be extended to other bands and disciplines. Should the flexi-time system be deemed inappropriate within an area NHS Tayside has alternative policies which can be accessed in order to alleviate worklife balance dilemmas such as NHS Tayside Special Leave Policy ADDITIONAL INFORMATION AND EVIDENCE REQUIRED RECOMMENDATIONS If monitoring and implementation of this policy does highlight any adverse impact this will be addressed through existing systems and processes in place across NHS Tayside. Any evidence/feedback gathered from the implementation of the policy will be taken into consideration when reviewing this policy. Any changes in legislation/or from national guidance will also be considered and the policy updated and reviewed accordingly FROM THE OUTCOME OF THE RIC, HAVE NEGATIVE IMPACTS BEEN IDENTIFIED FOR RACE OR OTHER EQUALITY GROUPS? HAS A FULL EQIA PROCESS BEEN RECOMMENDED? IF NOT, WHY NOT? No Negative impacts have been identified for race or other equality groups Managers Signature D Morales Date June