flexible working request example nhs

Read more onagency workers. It takes into account changes to the NHS Terms and Conditions Handbook that come into effect on 13 September 2021. Employers should give serious consideration to all flexible working requests and consider each request objectively. Q) If I work flexibly, could it impact my learning and development opportunities? Kumar agreed that the timings would still enable the relevant tasks to be undertaken. different ways members may be able to reduce their pensionable pay. Our flexible working enablers for change support employers embed the key changes to section 33 of the NHS Terms and Conditions of Service. Another option (if both parties agree) is to useACAS Arbitration Servicefor England, Wales and Scotland. During theCOVID-19pandemic, you may already have been able to work from home. For example, if a requirement for staff to work a particular working pattern puts women with childcare commitments at a particular disadvantage when compared to men - which cannot be justified - this treatment could amount to sex discrimination. 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. They had much higher energy levels in the afternoon and evening. If your employer intends to approve your request then a meeting is not needed. your current work pattern and your ideas for how your proposed work pattern could be accommodated. Thats why its important for you to be prepared in advance of your discussion with your manager. Yamuna is worried whether they should apply as they want to stay on term-time only hours. We have updated our flexible working enablers for change to support employers to embed the key changes to section 33 of the NHS terms and conditions. Make sure you are familiar with the local policies, managers should advise on this and explain next steps. It is advisable to submit your request three or four months before you want the new arrangements to come into effect, particularly if you need to dovetail in with other arrangements such as childcare. my colleagues dealing with queries from my clients at these times. Yes. highlight the benefits to the service of your proposed change. However,check your local policy to see if an appeals stage is included. This outcome means Stephanie feels valued and heard, and the whole team comes up with a solution that will suit everyone. They explained that as a minimum, one person from the team must be in the office on-site each day, and another person would need to be available to support this, which could be remotely. If youre not sure, speak to your local UNISON rep. Alison explained that they would like to trial for six months, having a fixed Tuesday and Wednesday off and the other days as allocated as they would prefer not to drop their hours. Rae explains that they see their mother first thing in the morning and then arrive in the office at 9am to check emails before visiting in the community from 10am onwards. This may include changes to your shift pattern. Registered Charity No. Whether youre a cleaner, nurse or paramedic working shifts, a member of the finance team or working as an OT or ODP (to name a few), we want to hear from you! The NHS Staff Council has developed a range of FAQs to help employers embed the new contractual flexible working provisions. 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. Following the discussion with Yamuna, Tina realises that the way they advertise their vacancies might be impacting the candidates they attract. Q I put in a request to work flexibly earlier this year, which was denied, can I put in another one? Kumar agreed that home working most days would be agreeable and that working hours could be flexed to accommodate time to do the school run. They explained that this would suit their personal needs and ensure that there was reliable cover for the night shifts and give their colleagues more of the sought after early and day shifts. Flexible working: toolkit for individuals . However, I would be happy to try a combination of the following: (note add in here any other options you may be willing to consider, it is good negotiation tactic to offer alternatives) so that my new working pattern causes as little disruption to the business as possible. As you implement flexible working conversationsinto your organisation, please get in touch and share your good practice with us. Read your organisations flexible working policy. I previously made a request under section 80F Employment Rights Act 1996 on 5th May 2016. All employees have the right to request flexible working or flexible hours at work. 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. An interactive, practical workshop to support NHS leaders and their teams to create inspiring and successful award entries. There may be grounds for a claim to an employment tribunal if the employer fails to provide a valid reason for refusing your request or if there has been a breach of procedure. Employers are under no statutory obligation to grant a request for flexible working if it cannot be accommodated by the business. This policy provides examples of the different types of flexible working arrangements that may be suitable for some individuals and . 24/7 workplace. However, if your new flexible working request is for a more formal and permanent change, it will be considered by your manager in accordance with local policy. Guidance and resources on the implementation of new contractual provisions for flexible working which became effective from 13 September 2021. You must also include: the change you'd like to make. Our careers servicehave somehelpful information on working in ways to suit different lifestyles and maintain a work life balance. Yes, homeworkingcan bea form of flexible working. This may include offering evening appointments, and some weekends. This is expected towards the end of July 2021, working with NHS England and Improvement to look at supporting resources and signposting for employers, line managers and staff to help deliver the cultural changes needed to make flexible working much more widely accessible. Your representative may have information on what happened when other staff members have requested shift changes. The manager discusses this with their clinical business unit leadership team and HR support team. Flexible working has always been seen as mainly available to those with caring responsibilities but in the NHS flexible working can be requested because: Some examples of flexible working are listed below but its important to remember, you are not limited to these options so think creatively. The NHS Staff Council is currently working to develop further guidance on homeworking, in the meantime we encourage staff to check your local policy to find more information on homeworking in your organisation. 1.1 Public Health Wales NHS Trust is committed to equality of . The RCN recommends using an updated browser such as 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. If your manager gives a clearbusiness reason for rejecting your request then any appeal is unlikely to succeed. Time limits apply. If you are nervous or uncomfortable about submitting a formal request to your manager, you should consider asking to first discuss possibilities and options informally with your manager and/or seeking support from a trade union representative or work colleague. developing some guidance to support the monitoring and reporting of flexible working practices within organisations. You can also use this mailbox to share with us any updated local policies or to let us know about good practice examples. 13 September 2021 Guidance For many years the NHS has had to rely on demand and . Especially if requiring supervision and being able to attend training that usually runs during the day. "To become a modern and model employer, we must build on the flexible working changes that are emerging through Covid-19. Its also worth noting, flexible working can be a combination of formal and informal flexible arrangements and youre not limited in the number of options you choose. This should alleviate and share some of the burdens and reduce the number of on-calls that everyone has to do. Section 5.0 Employees Right to Request Flexible Working updated to include that the Trust is open to consider requests for flexible working from all employees regardless of how long they have worked for the Trust. Law and guidance is changing regularly in this area. Shift-swaps between team members after rota finalised must be agreed upon by the electronic roster team. It is important to note that each request should be treated on its own merits, which may mean that the initial request is not possible. If it is agreed for you to work fromhome,you may need to complete awork-stationassessment, check your local policy for more information. 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. Employees must present their complaint to an employment tribunal within three months of the date that the employers decisionor, if in relation to procedural breaches, three months from the date of the alleged breach. Find out what NHS organisations are doing to maximise flexible working for their workforce. 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. For more information on this please see our discrimination guidance. Moira would like the team to be more involved in creating the rotas as this will give them ownership, support their development, and allow for flexibility among the whole team. This should be the same for stretch and promotion opportunities. Your overall pay may change if your new flexible working pattern changes the number of unsocial hours you are undertaking. Q How do I apply to work flexibly, and does it have to be in writing? Explore the nine enablers to flexible working and how Chesterfield Royal Hospital NHS Foundation Trust was able to implement them. If you are working less than 37.5 hours, your basic pay, annual leave and public holiday entitlement will be reduced proportionately. For example, there may be other teams within your organisation that would consider and agree your request. Check if you are eligible for the statutory process and check any local policies Your employer may have their own application form if not, you can download an application letter template fromGov.uk. 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. Ideally, I would like my new working pattern to be as stated above. Download the flexible working request template in Word, [Date] STATUTORY REQUEST FOR FLEXIBLE WORK. for example part-time working in medicine or self-rostering, and by the . This page details guidance from the NHS Staff Council on contractual issues arising from certain forms of flexible working. Q If it is not possible for my request to be accepted in my current role, what are my options? If both parties agree to go to an arbitration service to resolve the dispute, the employee will not be able to take the matter to an employment tribunal later on. If you are called to a meeting to discuss yourflexible working request,pleasecontact us. In the NHS flexible working can be requested for: We know that UNISON members choose to work in the NHS because they care about the services they run and patients they care for. 26 August 2021 Read Flexible working flow chart The NHS People Plan sets out an ask for the NHS Staff Council to work alongside NHS England to develop guidance to support employers to make flexible working a reality for our NHS people. Applying for flexible working should be a straightforward process butthere are a number of key areas to consider. to accommodate childcare arrangements, to help care of someone disabled. During the discussion, Aaliyah shares the personal life event and how this is making them worry. They currently work a range of shifts over a six weeks rota. NHS Employers (2021), Guide to making flexible working requests flowchart. Joe, Raes team manager, has recently found out that the organisation has a carers network, and wants to share this information with the team. If possible, give your employer a number of flexible working options to consider and maybe set them out in order of preference. The agreement also removes limits on the number of requests that can be made and strengthens the processes employers must use when considering requests. The policy will then be monitored and reviewed considering protected characteristics including disability. I think these effects could be dealt with by the following: I am asking for this request in order to care for my daughter. request if you meet the criteria. This poster highlights the ten enablers to flexible working. Helen struggles to find a way to support a request for a different working pattern, due to the nature of the clinics. 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. Karen was a person with a disability that made it difficult for them to perform well in the morning due to their medication, so Karen expressed a preference to start work later, and finish later (11am-7pm). Flexibility and posts advertised as full-time, Supporting different staff groups to work flexibly, Joe, Raes team manager, has recently found out that the organisation has a carers network, and wants to share this information with the team. Annual leave must be prebooked, and if a shift can't be worked, they currently rely on their colleagues to swap shifts. Extensions can be arranged as long as you both agree. You must include these. Follow your local organisations procedure for flexible working applications. 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. For Northern Ireland, theLRA(Labour Relations Agency) offers a free and confidential conciliation service prior to submitting a claim to a tribunal. UNISON, UNISON Centre, 130 Euston Road, London NW1 2AY. This is called 'flexible working'. 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. Its also worth thinking about what some of the benefits might be to your team and wider organisation of your proposed pattern. ), I would like the new working pattern to come into force on [date] [for [6] months] (note if your request is agreed, the change will be a permanent change to your terms and conditions unless you make a different agreement with your employer), [Ideally, I would like my new working pattern to be as stated above. 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. Please share as much detail as possible including: how long youve had a flexible working arrangement in place; how you found the process of requesting to work flexibly; the impact on your work-life balance; obstacles you faced getting your request approved etc. Rather than looking for a new role, it's worth exploring more flexible working. Google Chrome. The contractual right to request flexible working is from day one of employment. The COVID-19 pandemic has demonstrated the willingness of NHS staff to go above and beyond in putting the needs of patients and services before themselves. Joe shares, during a team meeting, how you can record your cCarer status on the ESR system and that the network is available to support carers in the organisation. The post they want to apply for is posted at 37.5 hours, which is full time. You need to give youremployer time to consider your request, so do not leave it too late. New arrangements mean that managers should be open to considering this. It must be at least 12 months since you last made a flexible working request. They agreed that Kelly could come off the on-call rota for four months and agreed to review this at month three, when they can reassess the situation for Kelly, the service and the team. Guidance. Requesting to come off call could cause significant shortfalls and pressures to the rota and colleagues. during school term time, A limited time only e.g. It may even cross reference and link to other relevant policies such as the disability policy. 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. Working Families members have access to guides and factsheets which have been designed to support you and your organisation. They looked at the morning issue. (note set out here what you think the impact on the business could be), I think these effects could be dealt with by the following: (note try to address. Yamuna currently works term-time only hours, meaning that they do not work during the 13 weeks school holidays. To have the statutory right to apply for flexible working you must: From 13 September 2021, contractual changes to the provisions for flexible working in the NHS Terms and Conditions of Service handbook (section 33), have taken effect. (1) the concerns that you think your employer, external clients/customers or colleagues may have here; (2) how you think your new arrangement could work on daily basis. Q What has changed? Jos also knows recruiting into the team is a key priority to support the team going forward. The definition supports a shared understanding of what flexible working means and the principles guide the ethos and values we want the NHS to aspire to when it comes to flexible working. I would like my new working pattern to be Monday to Friday, 9am to 3pm, with half an hours lunch each day (27.5h). 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. A discussion is had with their manager, Helen. The NHS needs to retain these staff it and recruit many more to meet the challenges ahead offering genuine flexible working is an important way to do this. 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. 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. NHS England, the NHS Staff Council and Timewise have published two new guides to support line managers and staff work flexibly. Please be aware that if the change is permanent, you will have no automatic right to revert to the previous pattern of work. processes for requesting flexible working, getting decisions on flexible working requests. Remember, your proposal should persuade your manager that it is feasible, and may actually improve the running of the service. You can contact our helpline on 0300 012 0312. They are finding the night shifts draining and would prefer not to work them. Your employer should consider and decide upon an application within three months of receipt (including any appeal). In the NHS flexible working is an arrangement which supports an individual to have a greater choice in when, where and how they work. 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. By enabling this flexible working request, Devin can still work within the current shift/timings; however, by re-setting the shifts they work to weekends, more evenings and nights, and less weekday shifts, they can go to their midday exercise classes and pick their grandchildren up from school. Equality legislation gives disabled people protection from. It is also important to look at your organisations local policy on flexible working, which should set out a process on how to make flexible working requests. They were on a rota where nights were split evenly across the team for fairness. For example, you can ask to work reduced hours whilst also staggering those hours. It's good to see a more modernised approach to workforce planning. This poster highlights the ten enablers to flexible working. Our campaign supports you, your employer and RCN workplace reps to create healthy working environments and habits. The three of them take it in turn to do each month. Removal from the on-call register as a flexible working arrangement. Make sure you specify a start date for the proposed change, giving your employer reasonable time to consider the proposal and implement it. Q Is flexible working open to staff not covered by the NHStermsandconditions? To support this, the NHS Staff Councilhascreated a flexible working request flowchart which details the stepsline managers and staff in the NHS should take whenmaking a request for a flexibleworking arrangement. A guide on flexible working for the nursing workforce. In addition, requests can be made regardless of the reason and without having to justify requests. This is received positively. This should be the same for stretch and promotion opportunities. ), 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. For example, they could change some of their responsibilities, work fewer contracted hours, or move to a role that requires less from them. Backed by more than 2.4 billion in government investment ahead of the health service's 75th anniversary, it sets out how the NHS . 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. In addition, if you are concerned that you are being treated less favourably for any other reason, you may be protected from discrimination under the Equality Act 2010. Our online forms use javascript to enable advanced features such as saving and continuing later, and to improve security. Please note that the scenarios are for illustrative purposes and therefore might not account for every situation. Some stories from the frontline are here to give you some inspiration about how much flexible working can change NHS workers lives and keep them working for the organisation they love. This should be doneduring one-to-one discussions and conversations with teams. here is no legal requirement for your employer to allow an appeal. The questions and answers include information on: Please get in touch with us at flexibleworking@nhsemployers.org with any additional employer-related queries or challenges that you would like us to answer on our web page. Your overall pay may change if your new flexible working pattern changes the number of unsocial hours you are undertaking. If you are working flexibly or less than 37.5 hours and an L&D opportunity occurs on a day/time that you do not work, there should be a discussion with you as to how this can be accommodated. Q I dont see the point in asking my manager as I feel that they will say no, what should I do? Were keen to hear from members working across the entire NHS about the realities of flexible working for staff. Valerie and David were able to agree that if team training had been arranged, David would work days, and that in one week in the six-week rota rotation, David would work a blend of shifts. If an agreement cannot be reached Q Doday one rights apply to me if I am in a probationary period? This question is included here for their equality monitoring. 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. This is a Precedent Statutory Flexible Working Request Letter for you to personalise. ), I think this new work pattern would have the following effects on the business . Devin and their manager Bethany explore the types of shifts that might suit. Chris checked whether this was what they wanted, or would they also prefer to reduce their hours too. Resolving NHS workforce issues requires the NHS to see workers as an asset, not simply a resource, writes Alison Leary The long awaited workforce plan is finally with us. 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. A new study has identified several workplace factors likely to be triggering burnout and exhaustion in nurses. Jos proactively agrees to hold a team meeting to look at how the team is working and what options are there to be more flexible and support everybodys wellbeing, while continuing to make sure they can deliver excellent patient care. Document. Firstly, as a team, they set team ground rules on basic expectations which include; 25 per cent of shifts can be non-negotiable requests. This should alleviate and share some of the burdens and reduce the number of on-calls that everyone has to do. Your employer can ask you for more time to make a decision, but only if you agree. Watch our film to find out more about your right to request flexible working. 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. While employers are required to consider flexible working requests by law for all employees with at least 26 weeks continuous service, the Trust is committed to considering request from all employees, irrespective of their service, which also includes discussions/requests during the recruitment process. Before the pandemic, they worked solely on site in an office location. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300. c/o Buzzacott LLP130 Wood StreetLondonEC2V 6DL, Helpline for parents & carers+44 (0) 0300 012 0312, Press enquiriespress@workingfamilies.org.uk, Administrative queriesoffice@workingfamilies.org.uk, * Please do not use this box to ask for advice or leave any personal information. Q) Can I request to work from home as a form of flexible working? Being on-call forms part of the employment contract and is a necessary part of the service thats delivered to patients. Speak to your colleagues including those working in other teams to find out how they are working flexibly and see if these can be replicated in your own team. Q How long does my flexible working request take to be decided? They discuss a different pattern of working and Chris encourages Alison to put a formal flexible working request in. Homeworking would enable Naveen to do the school run. The NHS Staff Councilhascreated a flexible working request flowchart which details the stepsline managers and staff in the NHS should take whenmaking a request for a flexibleworking arrangement. This joint statement outlines changes to the electronic staff record (ESR) system to amend the calculation of work-related sick pay entitlement. Joe also mentions that the organisation are encouraging the use of the. Take a look at the contractual implications of your new working pattern once your request has been processed. Chris brings these into the meeting with Alison, explaining that in order to guarantee these two shifts off, Alison would need to cover more weekend shifts otherwise they would not meet their contracted hours.

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