It is the individuals responsibility to notifythe employer / organisationof any changes to their home office environment or personal health that may affect theirhealth andsafety. Your employer can ask you for more time to make a decision, but only if you agree. If you are based in Northern Ireland, read more atnidirect. Some of the flexible working options that could be available to you include: From the 13 September 2021 all NHS employees in England and Wales have the right to request flexible working from day one of their employment and make more than one request per year. At the NHS Staff Council in March 2021, a revised Section 33: Balancing work and personal life was agreed as part of the wider NHS People Promise work strand on flexible working. Be prepared for this. ], [I have previously made a request under section 80F Employment Rights Act 1996 on [Date]] (note in accordance with this legislation only one flexible working request can be made in any 12 month period so if youve previously made a request you need to ensure you wait 12 months before making your next request. This joint statement outlines changes to the electronic staff record (ESR) system to amend the calculation of work-related sick pay entitlement. This was shared with the team, and each team member was then able to add in their proposed days off and shifts based on the above ground rules. request if you meet the criteria. Applying for flexible working This advice applies to England If you're not happy with your current hours, you can ask your employer to let you work in a way that suits your needs. Follow your local organisations procedure for flexible working applications. Pete checks the local flexible working policy and reads that where they, as a manager, are finding it hard to agree to a flexible working request, they should escalate this within their management structure, to help them look for alternative solutions. here is no legal requirement for your employer to allow an appeal. Flexitime The employee chooses when to start and end work (within agreed limits) but works certain 'core hours', for example 10am to 4pm every day. From the 13 September 2021 all NHS employees in England and Wales have the right to request flexible working from day one of their employment and make more than one request per year. Registered Company (No. You can also tell us about any obstacles you faced in getting your request agreed, or any other relevant info you would like to share. These are based on the times the clinics they work within run, which are Monday to Friday 9am until 5pm. Also updated to include reference to the Special Leave Policy. Tina discusses this with the recruitment lead and asks that all adverts state 'happy to talk flexible working' and that the day one right is listed as a benefit. Following full exploration of your request, if it is not possible to accommodate your request within your immediate team an escalation process will be followed if you wish to explore any further options that may be possible within the organisation. They are set by the planning team, with no say on how and when they fall. Other common variations include: part-time working, flexi-time, job sharing and shift working. Our funders like to keep track of who we are advising and to check that we reach a broad range of people from across the UK with differing financial and personal circumstances. They currently work a range of shifts over a six weeks rota. Your manager should keep you updated on your request and discuss your potential options and opportunities elsewhere. Things to consider that could change might be your working pattern, how frequent the duties are, or whether the role you are currently doing is suited to your individual circumstances at this time. Your request letter or email must say you're making a 'statutory flexible working request'. Read your organisations flexible working policy. Some stories from the frontline, of what has been agreed and how much it has changed NHS workers lives, are here to give you some inspiration. During the meeting, it becomes apparent that it isn't the on-calls that are the actual issue, rather than their timing. Tell us about how you are supporting flexible working. This poster highlights the ten enablers to flexible working. Working Families members have access to guides and factsheets which have been designed to support you and your organisation. The NHS defines flexible working as "an arrangement which supports an individual to have greater choice in when, where and how they work." This may include changes to their working pattern, hours and role, and/or the location in which their work takes place. Joe also mentions that the organisation are encouraging the use of the Working Carers Passport as a way to explore what further support might be available. Currently, they do two together. If you live in another part of the UK, the law may differ. Yes, if your terms and conditions of service are covered by the NHS Terms and Conditions of Service Handbook, you can make more than one flexible working request in a year. Together they talk about the current pattern of work. This should alleviate and share some of the burdens and reduce the number of on-calls that everyone has to do. Jos acts on this feedback, and as a team, they agree to trial for two rota periods that their on-calls are not back to back. These scenarios have been developed to guide you through the different circumstances relating to flexible working. All NHS staff have a right to ask for flexible working, and for formal request for flexible working to be properly considered including rights of appeal. Get answers to your contract questions includingnotice queries and whether your employer can change your contract. Option one - Wait to see if the new changes in the department happen, though time frames could not be guaranteed. In legislation, all employees have a right to request flexible working but there is currently a requirement that they have been employed by their employer for at least 26 weeks and that they have not made any other flexible working request in the last 12 months. [Either:] I have not made any previous flexible working requests. Below are some examples you may want to consider depending on the nature of your request. However,check your local policy to see if an appeals stage is included. 28 February 2022. Aaliyah then shares that they were about to hand in their notice because they thought they would never be able to work flexibly and is relieved that the manager brought up the topic first. This poster, developed in partnership with the NHS Staff Council, details the ten enablers to flexible working. If you work in the NHS, please check your local policy as you may be entitled to take a trade union representative to the appeal meeting. For example, you can ask to work reduced hours whilst also staggering those hours. As an employee, you will still have access to learning and development (L&D) opportunities. Watch our film to find out more about your right to request flexible working. They are thinking about handing in their notice and picking up bank shifts that suit their childcare requirements. Similarly, in the hours that Joe Bloggs is not working I have volunteered to pick up any urgent requests which are sent to him. The key changes to the framework for agreeing local flexible working policies are: These changes to theNHS terms and conditions of service handbookwill go live from13 September 2021. Download the flexible working request template in Word, [Date] STATUTORY REQUEST FOR FLEXIBLE WORK. Annual leave must be prebooked, and if a shift can't be worked, they currently rely on their colleagues to swap shifts. Q Should I talk informally to my manager to request flexible working or go straight to a formal request? Flexible working means you have more choice over when and where you work than a standard contract. Join UNISON and get essential cover wherever you work. NHS Terms and Conditions of Service Handbook, CIPD guidance:Creating an enabling future for carers in the workplace, RCN Working Flexibly to Support a Health Work-life Balance - a guide for RCN representatives. Agenda for Change pay deal and implementation resources, NHS terms and conditions pay poster 2022/23, NHS Terms and Conditions of Service Handbook, all employees have the right to request flexible workingfrom day one of employment, there is no limit on the number ofrequests you can make. As being on-call forms part of the job plan and fears that this will set a precedent, where other consultants would want to not be on-call and could cause unrest within the team. In exploring these, they decided that accommodating the request for a temporary period of time would give Kelly the time and space needed to organise childcare and provide them with some space and time to recharge from a difficult time in their life. As part of theNHS People Plan, theNHS People Promisesets out a series of commitments, one of which is we work flexibly which states:We do not have to sacrifice our family, our friends or our interests for work. in a range of areas, including employment. These frequently asked questions (FAQs) on flexible working have been created to outline how line managers and employees may respond to common queries and challenges around flexible working. The NHS Staff Council has busted a range of common myths around flexible working within the NHS. Having conversations as a line manager within your teams are also valuable to help find solutions and accommodate team needs. Once the team meeting has been held, and Marshall is confident that the service needs can be met and this would support the health and wellbeing of both the team and Aaliyah. They were referred to occupational health, who agreed that this was a reasonable adjustment relating to a disability. An employer may receive more than one flexible working request at the same time. I think the effects the new pattern would have on the business would be that I would no longer be available between 3pm and 5pm to deal with client queries. We have been struck by the NHS's under-developed approach to flexible working, and believe that changing this approach would create huge opportunities for retaining talented people. You and your manager may want to discussyourworking from homeon a full-time basis or a hybrid basis -for example foranumber ofdaysaweek, or on an ad hoc basis. They agree to engage a locum, who was already working with them, for a fixed term contract over this period, to cover any shortfall. For more information on this please see our discrimination guidance. Make sure you are familiar with the local policies, managers should advise on this and explain next steps. Jos is the manager of the team, and at the moment, they are short-staffed, which means there is little flexibility in the rota, two of their team already work part-time, and this means that those in the team that are full-time feel like they do more than their fair share of on-call. If you have the support of your colleagues it is much easier to put in a strong request, as it is likely your team will need to show some flexibility to accommodate you. Read more accept your request and establish a start date (and any other action) or, agree a compromise agreed at the discussion (for example, a trial period) or. Since then, their organisation has been promoting flexible working as a benefit for all staff. Other team members are also happy to re-set some of their shifts, so they work more weekdays. Working full-time hours but over fewer days. Thats why achieving a balance between your own needs, service delivery and the work-life balance of your colleagues is something that might come naturally to you. I would be happy to attend a meeting to discuss my request in more detail and to be given a chance to address any concerns that you may have regarding my suggested new working pattern. We encourage staff to talk informally with their line managers initially. Your organisations flexible working policy should, encourage you to identify if your request is to facilitate a reasonable adjustment. You may also like to consider the advantages and disadvantages to a more permanent arrangement in terms of the equipment you will need, and the financial implications, for example a reduction in commuting costs, but an increase in heat or lighting costs. As these will give Devin the flexibility they need during weekdays, but provide a win-win for the department as these shifts are usually hard to cover. If you are unsure about your options, please contact us. This flowchart accounts forthechanges to section 33 of the NHS Terms and Conditions Handbook,which has been updatedas part of the wider NHS People Promise work which calls for the NHS to work more flexibly. These are also booked during traditional office daytime hours. Valid reasons for the refusal of all or part of a requestare: Hopefully your application will be successful but if not, you may be called to a formal meeting to discuss your application. This might include a physical, sensory, or cognitive disability, or moderate to severe mental health condition. developing some guidance to support the monitoring and reporting of flexible working practices within organisations. You need to have worked for your employer for at least 26 weeks and be legally classed as an employee. Flexible working is a way of working that suits an employee's needs, for example having flexible start and finish times, or working from home. Your overall pay may change if your new flexible working pattern changes the number of unsocial hours you are undertaking. Basic pay and annual leave entitlements are based on whether or not an individual works full time for instance 37.5 hours a week. The request form should be accessible for all staff to use, and it should make provision for staff to identify that they consider their request is a reasonable adjustment in respect of a disability. Bethany asks what flexibility Devin might have, such as working more weekends, evenings or nights. Alison is working towards a degree at night college on a Tuesday night, and likes to use the day afterwards to study. Guidance and resources on the implementation of new contractual provisions for flexible working which became effective from 13 September 2021. Employers are under no statutory obligation to grant a request for flexible working if it cannot be accommodated by the business. Following the discussion with Yamuna, Tina realises that the way they advertise their vacancies might be impacting the candidates they attract. Any overtime hours worked by full-time employees will be paid at the relevant premium rate as detailed in the, This should not be the case. 13 September 2021 Guidance The ambitions in the people plan highlight the desire to make flexible working available to all, regardless of role, grade or organisation, and organisations should look to support working flexibility for all staff. Priority for non-negotiable requests will be based on an alphabetical list that will be rotated each month. Consider the impact that your flexible working options might have on your pay, terms and conditions and prepare for conversations with your manager. Being on-call forms part of the employment contract and is a necessary part of the service thats delivered to patients. Getting decisions on flexible working requests, Flexible working can be a reasonable adjustment under the Equality Act 2010, so it is a good idea to make sure your employer is aware that this is the reason you are making a request as it is an additional statutory right on top of the contractual right set out in the NHS Terms and Conditions of Service (TCS) Handbook. Your organisations flexible working policy should encourage you to identify if your request is to facilitate a reasonable adjustment (para 33.13 of the TCS). They would still need to come to the office on a rotation with the other team members, so that everyone covers the in-office requirement fairly over a month. Jos shares that they are currently one whole-time e. (WTE) person down and have interviews planned this week. Equality legislation gives disabled people protection from. Your representative may have information on what happened when other staff members have requested shift changes. I would like my new working pattern to be Monday to Friday, 9am to 3pm, with half an hours lunch each day (27.5h). There is a need for them to be there in the morning to let the carers in, and take their mother to various health appointments. Complete all necessary paper-work. Please see section 33 of the NHS Terms and Conditions of Service handbook and NHS Employers' FAQs for more information. Flexible working: toolkit for individuals . An agreement negotiated by UNISON and health unions through the NHS Staff Council means that as of 13 September 2021, all employees of NHS organisations in England and Wales have a contractual right to request flexible working from day one of employment. David likes to work nights as it suits their lifestyle and the increased enhancements are important to them. The patterns of the shifts are unpredictable, but the shifts lengths, start and finish times are rigid and thought to be inflexible. Chris and Alison agreed to put in a review in at months three and five, to check-in and make sure that arrangement was working. The contractual right to request flexible working is from day one of employment. The application will normally include a question such as Are you making your request as a reasonable adjustment for a disability? It will also normally involve setting out: Q) I am coming back from maternity leave and would like to work flexibly what should I do? Our Legal Advice Service is currently being generously funded by a funder which requires us to monitor the age ranges of the people using our services. In the NHS flexible working is an arrangement which supports an individual to have a greater choice in when, where and how they work. Kumar wanted to accommodate the request as much as possible, as it was a simple reasonable adjustment that would make Karens worklife so much better and reduce the amount of sickness that they were taking. ), My current working pattern is (note there is no requirement to explain your current working pattern but it is sensible to do so), I would like my new working pattern to be (note set out here what arrangements you are looking to put in place. This is received positively. Agenda for Change pay deal and implementation resources, NHS terms and conditions pay poster 2022/23, NHS Terms and Conditions of Service Handbook, changes to section 33 of the NHS Terms and Conditions Handbook, alongside your organisations flexible working policy. Agenda for Change pay deal and implementation resources, NHS terms and conditions pay poster 2022/23, NHS Terms and Conditions of Service Handbook, Flexibility in the context of rigid shift patterns, When the whole team wants to work flexibly, Handling requests to work permanent days or nights, During the team meeting, it becomes apparent that the whole team feel the same way, and being tired and drained is a common theme. Outcome of The Royal College of Nursings strike ballot, which sought a country-wide mandate across England. There are several positions available which will make it easier to accommodate preferred individual work patterns, and as an organisation, they encourage people to work flexibly. Find out what NHS organisations are doing to maximise flexible working for their workforce. This can mean that though they have a degree of flexibility, their work days are determined by when set things occur or when clinics are running. to support your flexible working conversations. To ensure the NHS remains an employer of choice and can attract talent in a competitive job market, more action is needed to increase the uptake of flexible working. In addition, if your contractual hours are fewer than 37.5 hours, any overtime you work is paid at plain time up to 37.5 hours. NHS Employers (2021), Guide to making flexible working requests flowchart. NHS Terms and Conditions of Service Handbook. Depending on the circumstances surrounding the request, you and your employer may decide to agree that the change is temporary or subject to a trial period. This is called 'flexible working'. My current working pattern is Monday to Thursday, 9am to 5 pm, with one hours lunch per day (28h). It may be that you need to request a temporary change to your working arrangements which can be discussed informally with your manager. Your employer must consider the whole request, including any appeal, within three months of first receiving the original request (unless an extension is agreed). Our careers servicehave somehelpful information on working in ways to suit different lifestyles and maintain a work life balance. 16 December 2021 These frequently asked questions (FAQs) on flexible working have been created to outline how line managers and employees may respond to common queries and challenges around flexible working. Where you can vary when you start and finish your working day or work extra hours to build up flexi days of extra leave. Our campaign supports you, your employer and RCN workplace reps to create healthy working environments and habits. Our online forms use javascript to enable advanced features such as saving and continuing later, and to improve security. If you are called to a meeting to discuss yourflexible working request,pleasecontact us. Flexible working rules are different in. This monitoring information is anonymous. Applications to work flexibly must include: the date a statement that this is a statutory request details of how you want to work flexibly and when you want to start an explanation of how you. The basic steps are: The employee writes to the employer. Statements, papers, and guidance that has been agreed jointly through the NHS Staff Council. If so, we want to hear how its working for you! Terms and conditions. working on producing some guidance to support local partnership discussions for updating local flexible working policies, including the equality and impact assessment considerations. They explain that current staff may be put into consultation to discuss the different shifts available, giving opportunities to support individuals in the team who prefer more variety in their shift pattern which could suit Rhys. However, if this is not agreeable, then I would be happy for my working pattern to be 9am to 5pm on Monday and 9am to 3pm Tuesday to Friday so that this request causes as little disruption to the business as possible. Below, we have a couple of real-life examples where a solution was found because the request was explored in full. For example, working your hours over four days instead of five, Working from home working some or all of your work patterns at home, Job share a form of part-time working where one full-time role is shared between two members of staff. give solutions to any problems or issues which may arise, or have arisen from previous shift changes. During the team meeting, it becomes apparent that the whole team feel the same way, and being tired and drained is a common theme. Keep an eye out for further info and resources as we add them to this page including on team-based self-rostering for those of you who work around shift patterns. moving to annualise hours or going part time) are expected to go through the proper formal process to ensure all the details are agreed and captured.
