Flexible Working Policy and Procedure - West Hertfordshire ...

Flexible Working Policy / Version 1
Ratified by Joint Consultative Committee and Local negotiating Committee
Date of Ratification: November 2008
Date of Review: November 2010
Flexible Working Policy and Procedure
Author
Caroline Lankshear & Annette Behagg
Author’s Job Title
HR Manager & HR Adviser
Division
Department
Version number
Corporate
Human Resources
1
Ratifying Committee
JCC / LNC
Ratified Date November 2008
Review Date November 2010
Manager responsible for review
Laura Bevan
Manager Job Title
Senior HR Manager
E-mail address of Manager
Laura.bevan@whht.nhs.uk
Source of Evidence (if applicable) N/A
Level of Evidence indicated
N/A
Referenced (Yes/No)
Yes
Key Words (to aid searching)
Flexible, working, term time, annualised
User Group
All staff
The Trust is committed to promoting an environment that values diversity. All staff are
responsible for ensuring that all patients and their carers are treated equally and fairly
and not discriminated against on the grounds of race, sex, disability, religion, age, sexual
orientation or any other unjustifiable reason in the application of this policy, and
recognising the need to work in partnership with and seek guidance from other agencies
and services to ensure that special needs are met.

Contents Page
1. Introduction Page 3
2. Scope of Policy Page 3
3. Equality & Diversity Statement Page 3
4. Manager Responsibilities Page 3
5. Employee Responsibilities Page 4
6. Flexible Working Options Page 4
6.1. Part time Page 4
6.2. Term time only working Page 4
6.3. Annualised hours Page 4
6.4. NHS Professionals / Bank Working Page 5
6.5. V-Time (Voluntary Reduction of Hours) Page 5
6.6. Flexitime Page 5
6.7. Compressed Hours Page 5
6.8. Home Working Page 5
6.9. Job Share Page 6
7. The right to request Flexible Working Page 6
8. How to Apply for Flexible Working Page 6
9. Further Information Page 6
10. Review Page 7
Appendices:
Appendix 1- Application form for flexible working Page 8
Appendix 2- Flexible working outcome Page 9
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1. INTRODUCTION
FLEXIBLE WORKING POLICY AND PROCEDURE
The Trust is committed to introducing and supporting initiatives that make a difference to
the work-life balance of its employees. The Trust recognises that in order to recruit and
retain high quality staff, it needs to take a flexible approach, by applying modern
employment practices, that recognise that employees need to strike a balance between
their home and work life.
The Trust has a responsibility to deliver healthcare 24 hours a day, 365 days a year.
Wards and departments need to be staffed to acceptable levels at all times and
employees need to be flexible to respond to service needs. There is however scope for
employees to be able to work flexibly to take into account their personal circumstances
and commitments throughout their employment.
2. SCOPE OF POLICY
This policy and procedure applies to all Trust employees.
3. EQUALITY & DIVERSITY STATEMENT
It is the policy of the West Hertfordshire Hospitals NHS Trust to provide a Flexible
Working Policy & Procedure that ensures appropriate and equitable responses to
requests for flexible working in an efficient and fair manner. This document takes into
account current employment legislation and must be implemented in conjunction with the
Trust’s Equalities Framework, The Trust’s Equal Opportunities Policy and Procedure and
equality and diversity legislation:
• Sex Discrimination Act 1975 (as amended)
• Race Relations Act 1976 & Amendment 2000
• Disability Discrimination Act 1995
• Rehabilitation of Offenders Act 1974
• Religion or Belief Regulations 2003
• Sexual Orientation Regulations 2003
• Age Discrimination Regulations (2006)
• Employment Rights Act 1996
• Equal Pay Act 1970 (as amended)
• Human Rights Act 1998
• Part-time Workers Directive 1999
• Employment Act 2002
• EU Directives and Legislation
Managers have a particular responsibility to ensure their management practices do not
discriminate in the provision of their service or in the employment of staff. The Trust
monitors and publishes information on the profile of its workforce based on age, disability,
ethnicity, gender and marital status and appropriate actions will be taken by the Equality
& Diversity Group to identify and address any problems.
4. MANAGER RESPONSIBILITIES
• To ensure that employees are aware of the Flexible Working Policy
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• To notify and seek support from the Human Resources Department when an
employee applies for flexible working
• To monitor and review effect of flexible working on the service
• To hold regular 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
5. EMPLOYEE RESPONSIBILITIES
• To complete the application for flexible working using Appendix 1
• To comply with the Flexible Working Policy and Procedure
• To attend regular reviews with your manager and keep them informed of any
change in circumstances
• To demonstrate flexibility in order to be able to attend mandatory training
• To be flexible regarding working patterns to either meet the needs of the
employee or the needs of the service.
6. FLEXIBLE WORKING OPTIONS
Below are the various flexible working options available to employees. Unless stated,
these options will mean a permanent change to the contact of employment.
6.1 Part Time
There are a significant number of part time posts within the Trust. Patterns of working
part time hours vary and may include mornings, afternoons, evenings and weekends.
Part time employees receive pro-rata benefits such as salary, annual leave and bank
holidays and are eligible to join the NHS Pension Scheme.
6.2 Term Time Only Working
Term time only working will only be available where it can be demonstrated that there will
not be an significantly adverse effect on the department. There is a limit to the number of
posts that can be accommodated on term time only contracts.
Term time only working allows employees with very young or school age children up to
the age of 16 to be away from work during the school holidays.
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.
Employees on term time only contracts will have arrangements reviewed on an annual
basis.
6.3 Annualised Hours
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.
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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.
6.4 Bank / Locum Working
Employees who choose to work on the bank undertake work on an occasional “as and
when” basis for the Trust, either in one department or across services within the Trust.
There is no obligation for the Trust to offer work and no obligation for the employee to
take work offered. As the employee is given a zero hour contract, they are paid for the
actual hours worked.
Bank employees are a valuable asset to the Trust as they are able to provide cover in
absence situations e.g. maternity leave or sickness.
Bank employees are entitled to annual leave payments in line with the Working Time
Directive and will receive Statutory Sick Pay for shifts already booked and agreed. Bank
employees are also eligible to join the NHS Pension Scheme.
6.5 V-Time (Voluntary Reduction of Hours)
V-time is where an employee reduces their contractual hours for a short period of time
and then has a guarantee to return to their previously contracted hours. It is used to
accommodate a particular period of time where more flexibility is required for non-work
related activities. This could include assistance with short term domestic problems or
assisting with dedicating time to study.
Pay and conditions are changed accordingly during the period of reduced hours.
6.6 Flexitime
Flexitime allows employees to work their contractual hours in a flexible way. It 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.
6.7 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
arrangement must be compliant with the Working Time Directive and with agreement
from the line manager.
6.8 Home Working
Homeworking is when employees do their job from home, either occasionally or as a
permanent working arrangement. It requires a working relationship that is based on trust
and encourages employees to manage their own work.
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.
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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:
http://wghintra01/human_resources/Docs/Home%20Working%20Guidelines1.doc
6.9 Job Share
Job share as opposed to part time working is a contractual arrangement where two
people share one full time job between them. Job share provides an opportunity for
employees to work fewer hours while maintaining their career and personal development.
All jobs within the Trust are potentially eligible for job share. For further information
please refer to the Trust’s Job Share Policy, which can be found on the Intranet:
http://wghintra01/uploads/out/hr_jobshare_aug07_v3.pdf
7. THE RIGHT TO REQUEST FLEXIBLE WORKING
The Employment Act 2002 gives parents of children under the age of 16 or a disabled
child under 18 or employees with caring responsibilities the right to request flexible
working arrangements.
The Trust will consider all reasonable requests for flexible working arrangements from all
employees.
8. HOW TO APPLY FOR FLEXIBLE WORKING
An employee who wishes to apply for flexible working should complete the flexible
working application form (see Appendix 1) and give it to their manager. The manager will
meet with the employee to discuss their application and then confirm the outcome in
writing using Appendix 2 within 28 days of receipt of the application. In exceptional
circumstances the manager may require more time to consider the request, in which case
the employee will be advised accordingly.
When considering the request for flexible working, the manager and employee should
take into account the needs of the service and the possible effect on other employees
within the department.
Before confirming the outcome, the manager should seek advice from the HR
department.
If the employee’s application is rejected the employee may appeal to the next level of
management in line with the Trust’s Grievance Procedure. The appeal must be in writing
to the Director of Workforce within 21 days from receipt of the decision.
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. FURTHER INFORMATION
The following websites may provide useful additional information and guidance:
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• Department of Work and Pensions - www.dwp.gov.uk
• Job Centre – www.jobcentreplus.gov.uk
• Department of Business Enterprise and Regulatory Reform - www.berr.gov.uk
• Government website for citizens - www.direct.gov.uk
10. REVIEW OF THIS POLICY
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.
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APPLICATION FORM FOR FLEXIBLE WORKING
Appendix 1
Name:……………………………………………
Department:…………………………………….
Job Title:…………………………………….…
Start Date:…………….…………………………
Date of Request:………………………………
Dependant’s Name:…………………………..
Relationship to Dependant:…………………
Child’s Date of Birth:…………………………..
Is the request for a permanent or temporary change: Permanent
Temporary
Date of requested change to commence from:…………………………
Change Current working pattern Requested working pattern
Hours per week
Times of work
Place of work
Please detail the effect you feel the proposed change will have on your ward / colleagues
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………..
Please give details of how this can be addressed.
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
Employee signature:………………………………
Date:……………………………………
Manager to complete:
Date of meeting with employee:………………………
If yes, commencement date:………………………….
Managers Signature:………………………………….
Request approved: Yes / No
Change of Circumstance completed: Yes / No
Date:…………………………………………….
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FLEXIBLE WORKING OUTCOME
Appendix 2
Employee’s Name:…………………………………………………………………
Job Title:……………………………………………………………………………..
Ward/Dept:…………………………………………………………………………..
Base:…………………………………………………………………………………
Following receipt of your application form for flexible working and our meeting, I have
considered your request for a new flexible working pattern.
I am pleased to confirm that I am able to accommodate your application. Your
new working arrangements will commence on:……………………………………
Your new working pattern will be as follows:
I am unable to accommodate your original request. However, I am able to
offer an alternative pattern, which we have discussed and you agreed would
be suitable to you. Your new working arrangements will commence
on:……………………
Your new working pattern will be as follows:
I am sorry but I am unable to accommodate your request based on the needs
of the service. Reasons include:
Please note that the change in your working pattern will be a permanent change to your
terms and conditions of employment and you have no right in law to revert back to your
previous working pattern.
You have a right of Appeal in accordance with the Grievance Policy, within 21 days
of receiving this decision.
Managers Name: …………………………… Managers Signature: …………………………
Date: …………….………………………
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