Allowable Reasons For A Flexible Working Request - workingwise.co.uk ], [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. Agency workers also have the right to apply for flexible working when they return to work following a period of parental leave. NHS Employers (2021), Guide to making flexible working requests flowchart. Together they talk about the current pattern of work. Your employer canrefuse your requeston the grounds that it does not make good business sense. Flexible working request letter template | Acas This is a statutory request under section 80F Employment Rights Act 1996. 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. Read your organisations flexible working policy. Joe queries whether they need to be in the office to check their emails and suggests that Rae works remotely until 10am and then attends visits as they usually do. Flexible working scenarios | NHS Employers when you'd like the change to start. Joe, Raes team manager, has recently found out that the organisation has a carers network, and wants to share this information with the team. They had much higher energy levels in the afternoon and evening. Consider the impact that your flexible working options might have on your pay, terms and conditions and prepare for conversations with your manager. You should also have the chance to discuss your work/life balance through your health and wellbeing conversations. For further information please see theNHS Staff Council Joint statement on flexible working in the NHSand theNHS People Promise. This policy provides examples of the different types of flexible working arrangements that may be suitable for some individuals and . Rather than looking for a new role, it's worth exploring more flexible working. All employees have the right to request flexible working, including if you're: a parent a carer returning from maternity leave All flexible working requests should be treated in the same way. Employers are under no statutory obligation to grant a request for flexible working if it cannot be accommodated by the business. Once the rota has been finalised Moira uploads it to the electronic record system. This ambition is to give people greater choice over their working patterns, helping them to achieve a better work-life balance. Its also worth thinking about what some of the benefits might be to your team and wider organisation of your proposed pattern. For Northern Ireland, theLRA(Labour Relations Agency) offers a free and confidential conciliation service prior to submitting a claim to a tribunal. Q How do I apply to work flexibly, and does it have to be in writing? 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. 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. This joint statement outlines changes to the electronic staff record (ESR) system to amend the calculation of work-related sick pay entitlement. 15.80 If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect the employees right to return to their job under their original contract, at the end of the agreed period. 04727690). They get paid the same every month, as their pay is annualised over the year. Rae works in a community role, meaning that they often have their working diaries planned for them by outside agencies. This means he would work 7am to 7pm over 4 days so he can have Thursdays off to study. Learn how employers can support their staff by offering flexible working options. How to make a flexible working request: Making a flexible working Q) Can I request to work from home as a form of flexible working? 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. I have already requested parental leave to cover the first month when she is on half days, so I would like the new working pattern to come into force on 1st October 2019. Currently the are only appealing to those that can work full-time, which means they have a smaller pool of candidates. They then explore having to attend medical appointments and how these impact Raes day. This type of flexibility was new to Tinas team, so they reached out to other teams where term-time only working was embedded to gain insight and good-practice principles. Since then, their organisation has been promoting flexible working as a benefit for all staff. The new Section 33 of the NHS terms and conditions of service handbook will provide for a contractual day one right to request flexible working, with no limit on the number of applications and regardless of the reasons for a request. A flowchart for managing conversations around flexible working requests, created by the NHS Staff Council to support the NHS People Plan. This poster, developed in partnership with the NHS Staff Council, details the ten enablers to flexible working. There are many forms of flexible working. It may even cross reference and link to other relevant policies such as the disability policy. 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. Rae also cares for their elderly mother, who has dementia. 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. 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. or As a team in HR, they traditionally work office hours - Monday to Friday 9am-5pm. For further information see www.acas.org.uk/flexibleworking Considering flexible working practices Potential barriers to establishing flexible working practices 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. It must be at least 12 months since you last made a flexible working request. Making a flexible working request - Acas Time limits apply. 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. 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. If we do not take radical action to become a flexible and modern employer in line with other sectors, we will continue to lose people entirely or see participation rates decline." NHS People Plan, 2020. The NHS Staff Council has busted a range of common myths around flexible working within the NHS. 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. Valerie explained that this would ensure that five out of six weeks David would have the permanent nights they wanted. Helen struggles to find a way to support a request for a different working pattern, due to the nature of the clinics. It can describe a place of work, for example, home-working, or a type of contract. All employees have the right to request flexible working or flexible hours at work. Remember. An agreement on new flexible working rights aimed at giving NHS staff a better work-life balance is announced today (Tuesday) by health unions and NHS employers. If you have further questions and would like to contact our advice team please use our advice contact form below or call us. All of the team members agreed to discuss this as a team to see how they could best cover what was required and ensure that they could all work more flexibly. There is no legal requirement for your employer to allow an appeal. Equality legislation gives disabled people protection fromdisability discriminationin a range of areas, including employment. Below, we have a couple of real-life examples where a solution was found because the request was explored in full. Where you can vary when you start and finish your working day or work extra hours to build up flexi days of extra leave. Their ward manager Marshall, noticing that they seem under more stress than usual, holds a wellbeing conversation, asking them how things are. We will review these documents and welcome any . Devin would like to work more flexibly to give them a better work-life balance, so they can collect their grandchildren from school and attend social events during the day. Valerie the unit manager, arranged an exploratory meeting to discuss the request. 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. Flexible working and the right to request - Working Families 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). For more information on this please see our discrimination guidance. ], [If you are unable to commit to a permanent contractual change, I would be happy to agree to a trial period of [ 3/ 6 ] months so that the business can properly assess if it is a viable option.] If youre not sure, speak to your local UNISON rep. The team has constant arguments about people being treated differently and that the three managers on the ward are not consistent in their approach. Flexible working: raising the standards for the NHS Take a look at the contractual implications of your new working pattern once your request has been processed. Complete all necessary paper-work. 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. It may help an employer decide your application if they understand the reasons behind it e.g. Part of their agreed job plan is that they have an on-call element which requires 1 in 14 on-call weekdays/nights and 1 in 10 weekends. 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. Your local UNISON rep will also be on hand to help you put in appeal or make a new request if your flexible working application has not been accepted this time around. My current working pattern is Monday to Thursday, 9am to 5 pm, with one hours lunch per day (28h). 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. 1.1 Public Health Wales NHS Trust is committed to equality of . Extensions can be arranged as long as you both agree. Naveen was happy to compromise so that they did their fair share of the office cover. 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. Joe puts it to Rae to consider whether some of the meetings could be held virtually using the remote working software. Consultation is currently being undertaken about flexible working legislation in the UK. for 3 or 6 months only. If after the escalation phase (where your manager refers your request for wider consideration within the organisation) your request gets declined, written reasons must be provided and you can consider whether you would like to make an appeal. Q Should I talk informally to my manager to request flexible working or go straight to a formal request? Similarly, in the hours that Joe Bloggs is not working I have volunteered to pick up any urgent requests which are sent to him. If I am given reasonable notice in certain circumstances, I may be able to arrange for my daughter to be picked up from school by a family member to allow me to work an extra hour. Read the Flexible working in the NHS guide for UNISON members, See the new NHS terms and conditions on flexible working, View a flow-chart to help you know what to expect if you make a request, Take a look at some flexible working scenarios, Guidance for trade union reps on how to renegotiate your flexible working policy, Slavery and Human Trafficking Statement 2022, allemployees have the right to request flexible workingfrom day one of employment, there is no limit on the number ofrequestsyoucan make, youhave the right to make requests and have them considered regardless of the reason, organisations must keep a central overview of how requests are being handled and check for fairness and equality of outcomes, whereyou and yourline manager havent been able to find a solution, there isa further escalation stage to check for other suitable options, your line manager should haveregular conversations about flexible working with you without waiting foryouto make a formal request, Reduced hours (or part time working) working fewer hours than you were initially contracted to work, Staggered working hours where staff work a set number of hours during the day but with different start and finish times, Term time hours usually favoured by working parents to work 39 weeks per year within term time and use their annual leave entitlement, plus additional unpaid leave, to have school holidays off work, Flexi time allows you to vary your working hours (which may include your start and finish times) to suit your individual circumstances, Team based self-rostering giving staff control over the pattern of their working week by allowing them to put forward their preferences and trying to match these as close as possible, Compressed working week working your contracted hours over fewer days. The RCN recommends using an updated browser such as PDF Flexible Working Policy - notts.icb.nhs.uk reject the request setting out their clear business reasons, how these apply to the application, and details of any appeal process. This page details guidance from the NHS Staff Council on contractual issues arising from certain forms of flexible working. 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. Registered Charity No. Any overtime hours worked by full-time employees will be paid at the relevant premium rate as detailed in the NHS Terms and Conditions of Service Handbook. He asks to work compressed hours over 4 days. Explore the nine enablers to flexible working and how Chesterfield Royal Hospital NHS Foundation Trust was able to implement them. 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. Were keen to hear from members working across the entire NHS about the realities of flexible working for staff. 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. 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. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter.
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