Flexible Working Policy Controlled document This document is uncontrolled when downloaded or printed. Reference number Version 4 Author Executive Lead WHHT: HR066 Justine Powell and Lucy Mayes, ER Advisers Director of Human Resources Approved/Date HR Policy Approval Group / May 2017 Ratified by Quality & Safety Group Date ratified 20 th July 2017 Committee/individual responsible Issue date July 2017 Review date July 2020 Target audience Key Words Patient & Staff Experience Committee All WHHT staff Flexible, working, term time, annualised, career breaks Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 1 of 12
CONTRIBUTION LIST Key individuals involved in developing this version of the document Name Justine Powell Lucy Mayes Designation ER Adviser ER Adviser Approved by Committee June 2017 Change History Version Date Author Reason Version 1 Version 2 Version 3 Version 4 October 2008 vember 2010 April 2014 June 2017 Caroline Lankshear & Annette Behagg Caroline Lankshear & Annette Behagg Caroline Lankshear Justine Powell & Lucy Mayes New policy Out of date policy Out of date policy and incorporating Career Break policy into one Out of date policy Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 2 of 12
Values are essential to West Hertfordshire NHS Trust as they describe the way we work and our vision to deliver the very best care for every patient, every day. Our values are at the heart of what we do and ensure we provide consistency across the Trust and within all our services. All staff must adhere to the Trust values, whatever their role or duty and incorporate the values in all the work they do for WHHT. Our values are Commitment, Care and Quality. Quality Working together to provide the best possible service we can for our patients and their families Striving to deliver best practice and best possible outcomes for all Seeking to improve what we do as an organisation and completing all activities to agreed standards Expecting ourselves and each other to produce high quality work based on evidence of what works Acting in a professional manner at all times Being part of a team that takes pride in their work and their environment Care Making sure that we consider the impact of our decisions on the care of all patients Treating everyone with kindness, compassion, courtesy and respect Listening, and communicating in a way that is clear, straightforward, effective and inclusive Recognising vulnerability and showing empathy Supporting and working with others to provide joined-up, compassionate care Caring for each other, looking after our own wellbeing and that of our colleagues Commitment Doing things that are going to make a positive difference Being dedicated, motivated and optimistic and looking to the future t being afraid to do things differently or to challenge Doing the right thing at the right time in the right place Being flexible when needed, going the extra mile and delivering on our promises Taking responsibility for personal development and performance It is every employee s responsibility to work in a way that is consistent with these values in delivering every element of their role, taking us forward in delivering our mission. Trust policies need to adhere and embed our values. Also see Trust Behaviour Standards on the Intranet for further information. Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 3 of 12
CONTENTS 1. Introduction 2. Objectives Page 4 Page 4 3. Scope Page 4 4. Equality & Diversity Statement Page 4 5. Roles and Responsibilities Page 4 6. The Right to Request Flexible Working Page 6 7. Flexible Working Options Page 7 8. How to Apply for Flexible Working Page 7 9. Appeal Against a Flexible Working Application Outcome Page 8 10. Career Breaks Page 9 11. Evaluation Measures & Audit 12. References 13. Related Policies 14. Review of this Policy 15. Equality Impact Assessment Page 11 Page 11 Page 11 Page 11 Page 11 Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 4 of 12
1. INTRODUCTION The Trust acknowledges that employees work best when they are able to successfully balance work and other aspects of their lives at different stages in their lives they will have varying responsibilities outside of work. Flexible working aims to help employees achieve this balance. The Trust expects employees to behave responsibly when making requests, recognising service needs, and the needs of other members of the team. Managers need to be mindful that pressures and change can sometimes contribute to mental health issues. Indicators of stress, depression and other mental health problems need to be recognised where possible and support offered as appropriate. (Training available on mental health first aid programme check with Wellbeing Manager for dates) 2. OBJECTIVES This policy outlines the procedure for dealing with requests for flexible working including career breaks, and details the process that must be followed by employees intending to make such a request as well as the responses and documentation that should be completed by management, and the timescales for which all actions should be completed. 3. SCOPE This policy and procedure applies to all Trust employees. 4. ROLES & RESPONSIBILITIES 5.1 Line Manager Responsibilities To ensure that employees are aware of the Flexible Working Policy To notify and seek support from the Human Resources Department when an employee applies for flexible working To deal with flexible working requests in a timely manner as the law requires the consideration process to be completed within 3 months of first receiving the request, including any appeal To monitor and review the effect of flexible working on the service To hold annual review meetings with employees who have flexible working arrangements To treat all applications for flexible working from employees fairly, sensitively and ensure that any personal information, including medical diagnosis, is kept in complete confidence To submit the relevant paperwork to Human Resources 5.2 Employee Responsibilities To complete the appropriate application for making a flexible working request To comply with the Flexible Working Policy To attend annual reviews with the manager and keep them informed of any change in circumstances To demonstrate flexibility in order to be able to attend mandatory training 5.3 Human Resources Responsibilities To provide advice to managers and employees on the application of the Flexible Working Policy To attend meetings between employee and manager where necessary to discuss a flexible working request Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 5 of 12
6. THE RIGHT TO REQUEST FLEXIBLE WORKING All employees have a statutory right to request flexible working provided: They have 26 weeks continuous service at the date the application is made An employee has not made a request in the previous 12 months. 7. FLEXIBLE WORKING OPTIONS There are the various flexible working options available to employees. Once a flexible working pattern has been implemented, this will be subject to an annual review with the line manager and the employee. If the flexible working pattern does not at the time of the review meet the needs of the department, employees may be asked to revert to their original working pattern, or an alternative discussed. 7.1 Part Time Part time working covers any arrangement where the employee is contracted to work anything less than typical full time hours for the type of work in question. A request could be made to reduce hours for a short period of time to accommodate a specific requirement, e.g. domestic problems or for a period of study. 7.2 Term Time Only Working Term time working gives employees the opportunity to reduce their hours or take time off during the school holidays, their basic salary will be payable in twelve equal monthly instalments. Annual leave and bank holidays will be built into the contracted hours of pay and paid as part of the salary. 7.3 Annualised Hours A standard number of working hours are set, but can be worked at any time during the year. For example someone could agree to work 1045 hours per year, instead of 20 hours per week. Annualised hours will be worked flexibly and according to the needs of the service. This may include working unsocial hours, weekends and bank holidays for which enhancements will be paid. Basic salary will be payable in twelve equal monthly instalments with any enhancements payable one month in arrears. This will be paid regardless of the actual hours worked. Annual leave and bank holidays will be built into the contracted hours of pay and paid as part of the salary. 7.4 Flexitime Flexitime allows employees to vary their start and finish times around core hours with the agreement of their line manager. Contractual hours must be completed each month. 7.6 Compressed Hours Compressed hours are when contractual hours are worked in a shorter period than would be considered standard i.e. full time hours worked over 4.5 days a week or a 9 day fortnight rather than the standard 5 day week or 10 day fortnight. Any compressed hours Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 6 of 12
arrangement must be compliant with the Working Time Directive and with agreement from the line manager. 7.7 Home Working The ability to work from home unless contractually agreed should not be permitted as a regular occurrence. The decision to allow employees to work from home must not adversely affect office/nursing cover or the workloads and stress levels of other team members e.g. increased workload, volume of telephone calls and queries. If a request to work at home is granted, the employee must be contactable at all times during normal working hours. For further information, please refer to the Home Working Guidelines on the intranet. 7.8 Job Share Job share as opposed to part time working is a contractual arrangement where two people share one full time job between them. For further information please refer to the Trust s Job Share Policy, which can be found on the Intranet. 7.9 Extended Period of Unpaid Leave An employee may request to take a break from work for between one and three months without pay. For any requests more than three months constitutes a career break which is covered in section 10. During the period of unpaid leave, annual leave and bank holidays do not accrue. Line managers need to ensure when authorising periods of unpaid leave, the annual leave and bank holidays entitlement are amended accordingly. Extended periods of unpaid leave enables employees to balance their working life with their personal circumstances, without the need for resigning and then seeking employment at a later date. 8. HOW TO APPLY FOR FLEXIBLE WORKING An employee who wishes to apply for flexible working must complete the flexible working application form, which can be found in the Employee Relations Toolkits on the Human Resources page of the Intranet site and give it to their manager. The manager will meet with the employee to discuss their application within 28 days of receipt of the application. The employee is entitled to bring a work colleague / accredited trade union representative to the meeting. The meeting can be deferred up to a maximum of 7 days to enable the employee to obtain representation/support. Failure to attend a reconvened meeting without good reason will result in the application being treated as withdrawn. Employee Relations do not usually attend these meetings but can do so upon request. 8.1 Deciding on a Request The manager should consider the request carefully, looking at the benefits of the requested change for the employee and the business and assess any adverse impact on the service including possible effects on other employees within the department. The manager must let the employee know the decision, to either: Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 7 of 12
Accept the request and agree a start date for the change Confirm a compromise agreed at the meeting or Reject the request, setting out clear business reasons how they apply to the application and the appeal process The manager will confirm the outcome in writing using the outcome letter which can be found in the Employee Relations toolkits within 14 days of the meeting. This time frame can be extended if mutually agreed. 8.2 Business Reasons to Consider in a Request to Work Flexibly Requests to work flexibly must be considered objectively and can only be refused where there is a business reason for doing so. These reasons are set out in legislation and are as follows: The burden of additional costs An inability to reorganise work amongst existing staff An inability to recruit additional staff A detrimental impact on quality A detrimental impact on performance Detrimental effect on ability to meet customer demand Insufficient work for the periods the employee proposes to work A planned structural change to your business. 8.3 Handling Requests in a Fair Way If the manager is unable to approve a request as a result of several other employees already working flexibly and any further arrangements would have an adverse effect on the department, it is good practice to ask for volunteers from existing flexible working employees to change their contracts to other arrangements thereby creating capacity for granting new requests. 8.4 Trial Periods A trial period for any proposed flexible working arrangements can be considered in order for a final decision to be made. Where this applies an agreed extension to the statutory time limit under this procedure must be recorded in writing, making clear that it is a temporary variation to the contract of employment, signed by both parties. If at any time the employee wishes to withdraw their application to work flexibly they must confirm this in writing to the appropriate manager. 9. APPEAL AGAINST A FLEXIBLE WORKKING APPLICATION OUTCOME If a flexible working application has been rejected the employee has the right of appeal to the next level of management in writing within 14 days from receipt of the decision. Within 14 days of receiving the appeal a meeting must be convened. The outcome of the appeal hearing will be sent to the employee within 14 days of the appeal hearing. Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 8 of 12
10. CAREER BREAKS 10.1 Eligibility Applying To Career Breaks Employees who have over 12 months continuous employment with West Hertfordshire Hospitals NHS Trust on a permanent contract are eligible to apply for a career break from 3 months to a maximum of 5 years. Following an employee taking a career break, they will need to have attended work for at least 12 months before another request can be submitted. Initially a request may only be authorised up to a maximum of 12 months. Should an employee wish to take longer than 12 months, a further request will need to be submitted in accordance with section 10.4 below and subject to an annual review. 10.2 Applying For A Career Break Employees must put their request for a career break in writing to their line manager giving at least 3 months notice, using the application form found in the Employee Relations Toolkits on the Intranet. The manager may hold a meeting with the employee to discuss their request. The employee has the right to be accompanied by a trade union representative or colleague if they wish and a Human Resources representative should also be in attendance. The approval of the Divisional Manager or equivalent is required. The Manager may decline an application due to the reasons outlined in section 8.2 however, an employee will not be permitted to request a career break if they are subject to a current disciplinary or harassment investigation that has yet to be concluded. 10.3 Confirming the Outcome Where a career break is agreed the manager must confirm the outcome to the employee using the outcome form which can be found in the Employee Relations Toolkits section on the Human Resources Intranet site as well as submitting an Employee Changes form to Recruitment and Payroll. If a request for a career break is declined, the outcome will be provided to the employee in writing. Employees will have the right to appeal the decision via the Trust s Grievance Policy. 10.4 Extending or Reducing Career Break Career breaks can be extended by mutual agreement up to a maximum of 12 months at a time and this must take into account the needs of the employee and the needs of the service subject to giving the required notice of three months prior to the current career break ending. The total length of the career break must not exceed 5 years. The period of career break may also be reduced by mutual agreement but this may not be possible if a temporary employee has been appointed to cover the employee s duties. 10.5 Terms And Conditions Of A Career Break Career breaks are leave without pay. annual leave or bank holiday entitlement is accrued during this time. The employee s salary will be frozen and incremental rises will not be awarded. On return to work the employee will be placed on the salary level applicable Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 9 of 12
immediately prior to the break. This may result in a change of increment date as the employee will receive an incremental pay awards as appropriate once an aggregated 12 months has been completed. The period of the break should count toward continuous employment for statutory purposes. Employees will remain employed by the Trust throughout this period. Employees are not allowed to take up paid employment with another employer during a career break, except where, for example, work overseas or charitable work could broaden experience. If an employee intends to take up alternative work during their career break, they must make this explicit in the application and obtain authorisation for this from their manager. Pension contributions will be suspended for the duration of the career break. National Insurance contributions are not paid during the career break but employees can choose to continue their contributions by contacting their local social security office. If an employee becomes pregnant during a career break the provisions of the Family Leave policy will apply. A career break application can be made during maternity leave or adoption leave to be taken immediately following this leave. Employees must inform the Trust of any change of circumstances and ensure that their contact telephone number and address are kept up to date and it is the employees responsibility for maintaining professional registration and any other professional requirements during the career break. Failure to do so may result in disciplinary action being taken Overpayments or loans payable to the Trust must be repaid before a break can commence. 10.6 Keeping In Touch Managers are encouraged to provide relevant Trust communications to employees on career breaks and must ensure that employees are notified of important work issues such as management of change proposals that may affect them. Prior to concluding the career break, the manager should arrange an appropriate orientation/re-induction to ensure the employee is able to effectively fulfil the requirements of the role giving due regard to the length of the break. This should be mutually agreed by the manager and employee. Line managers need to ensure they notify employees of any outstanding mandatory training to be completed prior to their return to work. For classroom based session these can be arranged via the Line Manager and Training department. 10.7 Return To Work Employees should contact their manager at least 2 months prior to their agreed return to work date to plan their return. Before a return to work is commenced a meeting must be held to agree any necessary reintroduction programme and discuss any changes to prior arrangements such as working hours and days. Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 10 of 12
Where an employee takes a career break of 12 months or less, they will be entitled to return to the same job, as far as is reasonably practicable. For career breaks in excess of 12 months, the employee will be entitled to return to a similar post at the same grade. 11. EVALUATION MEASURES MONITORING AND AUDIT The Employee Relations Department will review the policy on expiration of current policy or in line with legislative changes. 12. REFERENCES ACAS (2014) Code of Practice On Handling In A Reasonable Manner Requests To Work Flexibly. [Accessed on 8 th May 2017]. Available from: http://www.acas.org.uk/media/pdf/f/e/code-of-practice-on-handling-in-a-reasonable-mannerrequests-to-work-flexibly.pdf ACAS (2015) Flexible Working and Work Life Balance. [Accessed on 8 th May 2017]. Available from: http://www.acas.org.uk/media/pdf/j/m/flexible-working-and-work-lifebalance.pdf 13. RELATED POLICIES Annual Leave Policy Family Leave Policy 14. REVIEW OF THIS PROCEDURE This policy is expected to be reviewed within 2 years but if this is deemed unnecessary the policy will remain in force until such time as it is reviewed. 15. EQUALITY IMPACT ASSESSMENT 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 Marriage & Civil partnership Pregnancy & maternity 2. Is there any evidence that some groups are affected differently? Yes/ Comments Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 11 of 12
3. If you have identified potential discrimination, are any exceptions valid, legal and/or justifiable? 4. Is the impact of the policy/guidance likely to be negative? Yes/ n/a n/a 5. If so can the impact be avoided? n/a 6. What alternatives are there to achieving n/a the policy/guidance without the impact? 7. Can we reduce the impact by taking different action? n/a Comments If you have identified a potential discriminatory impact of this procedural document, please refer it to (Insert name and position) together with any suggestions as to the action required to avoid/reduce this impact. For advice in respect of answering the above questions, please contact (Insert name and position). Author: Justine Powell & Lucy Mayes Review Date: July 2020 Page 12 of 12