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COMBINED FLEXIBLE WORKING POLICIES

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					COMBINED FLEXIBLE
WORKING POLICIES
MAINTAINING THE BALANCE BETWEEN WORK
               AND LIFE


        (HUMAN RESOURCES)




Title              Combined Flexible
                   Working Policies
Status             Approved
Approved           July 2009
Author             Human Resources
Policy Approved    Joint Staff Consultative
                   Committee
Last Reviewed      July 2009
Next Review Date   July 2012
             FLEXIBLE WORKING POLICIES AND PROCEDURES


                                HUMAN RESOURCES POLICIES & PROCEDURES

          MAINTAINING THE BALANCE BETWEEN WORK AND LIFE
                        POLICY & PROCEDURE



                         FLEXIBLE WORKING POLICIES



                                     CONTENTS
   Section                                                    Page No.

                 Introduction                                        3

                 Scope                                               3

                 Equality of Opportunity                             4

                 Monitoring and Evaluation                           4

      1          Part-Time and Term-Time Working                     5

      2          Short Term Reduction in Hours                       8

      3          Annualised Hours                                   11

      4          Self-Rostering                                     15

      5          Working from Home                                  18

      6          Job Sharing                                        23

      7          Flexible Retirements                               30

      8          Request for Flexible Working                       33




NHS LC & LCCHS                                         Reviewed July 2009
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              FLEXIBLE WORKING POLICIES AND PROCEDURES




INTRODUCTION

The NHS depends upon the skills and dedication of its staff. Government initiatives
to modernise the NHS including ‘Making A Difference’ (1999) and ‘Improving Working
Lives’ initiatives provide a framework for NHS Trusts to implement supportive, family
friendly policies. Quality of care for patients, their families and carers is inter-linked
with the quality of working lives provided for employees in the NHS.

Leicester City Primary Care Trust is a family friendly organisation and is committed to
ensuring that staff are able to achieve a balance between the demands of work and
their domestic, personal and family circumstances in order to maintain work
performance.       The Trust recognises the need to develop positive flexible working
arrangements which allow employees to balance work responsibilities with other
aspects of their lives.

In order to facilitate the above, the PCT offers a range of flexible working patterns to
its employees which are explained in the Flexible Working Policies and Procedures.
The document is also available on the Trust’s website: www.leicestercitypct.nhs.uk
and further information can be obtained from the Human Resources Directorate.

Managers are advised to explore all possible options to accommodate requests for
flexible working arrangements where possible. However it does need to be
recognised that such requests need to be balanced against the needs of the service
and the working patterns and needs for flexibility within the rest of the staff group
affected.



SCOPE

This policy applies to all NHS Leicester City staff, at all levels and in all areas of work.

Eligible employees will be able to request a change to:
    • The hours they work
    • The times they work
    • To work away from their normal place of work, in exceptional circumstances
        from home where this is deemed to be practical

Details of the different working patterns that may be considered are provided in this
document.

As the Trust provides a broad range of clinical and non-clinical services, there will be
methods of flexible working which are appropriate in some areas but inappropriate in
other areas of the Trust. Different working practices may apply in different areas or
with individuals or groups for these reasons.




NHS LC & LCCHS                                                         Reviewed July 2009
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             FLEXIBLE WORKING POLICIES AND PROCEDURES




EQUALITY OF OPPORTUNITY

Employees are valued for the contribution they make and not according to their
working patterns. There will be no discrimination against any member of staff who
takes up the opportunities provided by this policy either by barring access to
promotion or personal and professional development. This policy applies equally to
part and full time staff.


MONITORING AND EVALUATION

The fair application of this policy will be monitored across the Trust at all levels. In
evaluating the success of this policy the Trust will consider:

   •   The number of staff accessing flexible working opportunities by gathering this
       information from line managers.
   •   The number of staff indicating awareness of the policy as measured by the
       annual Staff Survey.
   •   Policy user feedback.




NHS LC & LCCHS                                                      Reviewed July 2009
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                                   SECTION 1

                        Part-Time and Term Time Working



                                   CONTENTS

     1.1         Principles

     1.2         Definitions
                 Guidelines on the employment of part-time or term-time
     1.3
                 employees
     1.4         Pay and Terms and Conditions

     1.5         Flexible working request made by current employees

     1.6         Appeals




NHS LC & LCCHS                                                  Reviewed July 2009
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1.1   PRINCIPLES

      This Trust recognises the important role that part-time and term-time only
      employees can play in the workforce and will employ part-time and term-time
      employees in jobs which can be done satisfactorily on this basis. It will also
      consider requests from employees wishing to transfer from one working
      pattern/hours to another, subject to the needs and resources of the
      organisation. This particularly applies to those returning from maternity leave
      or with carer responsibilities.

      Special circumstances may apply to employees who become disabled and for
      whom reasonable adjustments will need to be made under Section 6 of the
      Disability Discrimination Act (DDA). The Trust is committed to provide part-
      time and term-time only staff with equal access to training, development and
      career opportunities as available to full-time employees. Employees who are
      members of a Trade Union/Professional Organisation are reminded that
      advice can be sought from Staff Representatives.

      There are legal implications surrounding a refusal to agree a request for
      part-time or term-time working which could amount to sex
      discrimination.


1.2   DEFINITIONS
      Part -Time Working
      Part-time employees are defined for NHS purposes as those who work less
      than the full-time standard hours per week for their job

      Term-Time Working
      Term-time work arrangements are those which enable employees to arrange
      their working pattern so that their work is primarily limited to school terms.


1.3   GUIDELINES ON THE EMPLOYMENT OF PART-TIME OR TERM-TIME
      EMPLOYEES

      Recruitment and Selection

      Managers wishing to recruit part-time or term-time employees must:

      o Assess the viability and desirability of part-time options and the likelihood
        of finding suitable part-time or term-time applicants

      o Identify the hours to be worked -whether the job holder needs to attend
        every day ( e.g. mornings only) or whether two or three full days a week
        would be more appropriate

      As term-time working is likely to be more difficult to organise than part-time
      work patterns, appointments or variations to contracts on this basis should be
      considered carefully in the light of both individual circumstances and service
      delivery.




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      Selection arrangements should be the same as full-time appointments for the
      job. Applications for full-time posts from individuals able to work only part-time
      or term-time only should be considered


1.4   PAY AND OTHER TERMS AND CONDITIONS

      Pay, benefits and holiday entitlements will be reduced pro rata to the number
      of hours worked in a week for part- time staff or number of weeks worked in a
      year for term-time staff. If the employee works over their contracted hours
      these will be paid at standard rate. Overtime rate will only apply once they
      exceed the standard full-time hours for their job.


1.5   FLEXIBLE WORKING REQUEST MADE BY CURRENT EMPLOYEES

      Current full-time employees including those returning from maternity leave,
      who wish to change their working hours/patterns must put their request in
      writing to their Manager setting out details, e.g. number of hours wanted,
      whether two or three full days a week or half days, the type of work they wish
      to do if not their current work etc. Where this request is made under the
      Flexible Working Regulations (subject to eligibility criteria outlined in
      Guidance on dealing with request for Flexible working), employees
      should make a request using the “Request for Flexible Working Form”
      included in the aforementioned Guidance.


1.6   APPEALS

      Any issues relating to management decisions on part-time or issues
      concerning individual responsibilities should be raised with the immediate
      Manager in the first instance, and /or through local staff side representatives
      and then addressed through the Trust's grievance procedure except when the
      request has been made under the Flexible Working Regulations where appeal
      process outlined in the Flexible Working guidance in section 8 of this
      document should be exhausted before invoking the Trust’s grievance
      procedure.




NHS LC & LCCHS                                                     Reviewed July 2009
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           FLEXIBLE WORKING POLICIES AND PROCEDURES




                                SECTION 2

                    Short Term Reduction in Hours

                                  CONTENTS

     2.1
                 Introduction
     2.2         Duration of Individual Arrangements

     2.3         Service Needs

     2.4         Arrangements for Reduced Hours

     2.5         Application Procedures

     2.6         Terms and Conditions

     2.7         Return to original hours

     2.8         Appeals




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2.1   INTRODUCTION

      A short term reduction in hours agreement is intended to enable staff to
      reduce their work commitment for a defined period; with a corresponding
      reduction in earnings. This enables the employee to deal with responsibilities
      outside work without having to leave or change to a part-time contract on a
      permanent basis.


2.2   DURATION OF INDIVIDUAL AGREEMENTS

      Normally an individual agreement will have a duration of up to 6 months after
      which the employee will return to their original hours of work. The Trust will
      consider agreements of a longer duration or extension of a 6 month
      agreement in the light of individual and organisational needs. Managers
      should consult the Human Resources Directorate.


2.3   SERVICE NEEDS

      The reduction in contract hours will be a matter for agreement between the
      Manager and employee having regard to service needs. Service needs will
      be the final determinant of whether an application for reduced hours can be
      accepted.


2.4   ARRANGEMENTS FOR REDUCED HOURS

      The form in which an employee takes the reduced time is a matter for
      agreement between the Manager and employee taking into account service
      needs. The options are:

      •   to work a shorter day
      •   to take a half-day or day off a week
      •   to take short blocks of time off at regular intervals

      Predictability of the time off is essential so that Managers can make provision
      accordingly.


2.5   REQUEST PROCEDURE

      Request for short-term reduction in hours should be made to the Line Manager
      normally at least three months in advance of the proposed date for
      implementation of the reduced hours arrangement. However it is recognised
      that there may be exceptional circumstances where requests will be
      considered with less than three months notice.

      Where the request is declined, line manager should confirmed the decision In
      writing outlining reasons.

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2.6   TERMS AND CONDITIONS

      Pay, benefits and holiday entitlements will be pro rata to the reduction in
      hours. If the employee works over their agreed hours these will be paid at
      standard rate and only reach enhanced rates if they exceed the standard full-
      time hours for their job.


2.7   RETURN TO ORIGINAL HOURS

      On a normal 6 month Reduced Hours Agreement return to previously
      contracted hours will be guaranteed for the employee. Any temporary
      reduction in hours which continues for more than one year will become a
      permanent arrangement.


2.8   APPEALS

      Any issues relating to management decisions on request for short term
      reduction in hours should be raised with the immediate Manager in the first
      instance, and /or through local staff side representatives and then addressed
      through the Trust's grievance procedure except when the request has been
      made under the Flexible Working Regulations where appeal process outlined
      in the Flexible Working guidance in section 8 of this document should be
      exhausted before invoking the Trust’s grievance procedure.




NHS LC & LCCHS                                                  Reviewed July 2009
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                             SECTION 3

                         Annualised Hours



                             CONTENTS

            3.1    Annualised hours

            3.2    Advantages of annualised hours schemes

            3.3    General principles

            3.4    Getting started
                   Calculation of annualised hours and record
            3.5
                   keeping
            3.6    Appeals




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3.1   ANNUALISED HOURS

3.1.1 Annualised hours schemes aim to achieve a more even match between supply
      and demand for staff by distributing hours worked by staff to coincide with
      actual levels of need.

3.1.2 They are particularly suitable in situations where there are predictable
      fluctuations in activity levels for teams of staff over different periods.
      Annualised hours may also be appropriate for individual staff whose workload
      is particularly heavy at certain times of year and lighter at others.
.
3.1.3 Annualised hours can give the Trust and its staff extra flexibility to vary their
      patterns of work across each year according to service need and individual
      preference. The total number of hours to be worked in the full year is agreed
      at the outset. Exactly when these hours are put in each week or month
      becomes a matter for agreement between Managers and their staff.


3.2    ADVANTAGES OF ANNUALISED HOURS SCHEME

3.2.1 The potential advantages for Trust staff are:

      •   The ability to modify working patterns to suit personal circumstances

      •   Level salary payments each month even though hours worked may vary

      •   The opportunity to have blocks of time off in the quieter periods of the year

      •   Working in a more settled team with fewer agency staff

      •   knowing expected personal rosters in advance

3.2.2 The potential advantages for the Trust are:

      •   Staffing levels can be more easily matched with fluctuations in workload
          over the course of each year

      •   There is more flexibility in provision for extended shifts and 24 hour
          services

      •   Absenteeism can be reduced because staff take more responsibility for
          their own working hours

      •   Use of agency staff is reduced

      •   Unforeseen additional staffing costs become less likely




3.3   GENERAL PRINCIPLES

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3.3.1 Any scheme must take account of the Working Time Regulations governing
      weekly working time and rest breaks.

3.3.2 Resolution of problems will involve the whole team:

      •   Team leaders have an important role in avoiding the practice of short
          notice roster changes and in reading issues of unfairness and competition.

      •   Individual members of staff have an obligation to balance their own
          interests with those of other team members.

3.3.3 Prior to introducing an annualised hours scheme there must be full
      consultation with staff and union representatives in line with the Trusts
      Management and Change and Staff Redeployment Policy.

3.3.4 Issues for discussion and agreement should include:

      •   Minimum staffing and skill mix requirements throughout the daily cycle and
          provision for unforeseen events.

      •   Minimum and maximum hours to be worked in a week
.
      •   Guidelines for making roster changes at short notice.

      •   Procedures for staff to comment on the scheme and for managers to
          review progress with staff.

3.3.5 A pilot project with an agreed time scale should be set up before any full
      implementation.

3.3.6 A detailed appraisal of the outcomes of the pilot project should consider:-
      • Impact on the service
      • Impact on the staff
      • Impact on patients/users

3.3.7 The appraisal of the pilot should indicate the viability of full scale
      implementation. If the extended objectives have not been achieved then the
      scheme will need to be modified before progressing further.

3.3.8 Where the request has been made under the flexible working regulations,
      appropriate forms should be completed and procedure for responding to
      Requests for Flexible Working should be followed (see section 8).


3.4   GETTING STARTED

3.4.1 Annualised hours schemes are a new approach to work in the Trust.
      Managers and staff wishing to consider annualised hours should in the first
      instance consult Human Resources for advice and assistance.




NHS LC & LCCHS                                                     Reviewed July 2009
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3.5   CALCULATION OF ANNUALISED HOURS AND RECORD KEEPING

      Average number of weekly hours to be paid should be calculated as follows:

      Average weekly hours to be paid = (No. of hours to be worked per annum +
      number of annual leave hours + number of bank holiday hours) / 52.143

      Example:
      If an individual is contracted to undertake 200 hours per annum, average
      weekly hours calculation will be as follows:

      Contracted annualised hours to be worked = 200
      Pro rata annual leave and bank holiday entitlement = 26.88 (based on less
      than 5 years completed service)

      Average weekly hours to be paid = 200+26.88/52.143 = 4.35 hours

      This means that the individual will be paid on an average for 4.35 (in this
      example) hours per week automatically via payroll.

      The individual however must keep a record of the actual hours they have
      worked plus annual leave they have booked This record should be submitted
      to the manager on a monthly basis who will be responsible for ensuring that
      the contracted hours have been undertaken by the individual.


3.6   APPEALS

      Any issues relating to management decisions on request for annualised hours
      should be raised with the immediate Manager in the first instance, and /or
      through local staff side representatives and then addressed through the
      Trust's grievance procedure except when the request has been made under
      the Flexible Working Regulations where appeal process outlined in the
      Flexible Working guidance in section 8 of this document should be exhausted
      before invoking the Trust’s grievance procedure.




NHS LC & LCCHS                                                 Reviewed July 2009
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          FLEXIBLE WORKING POLICIES AND PROCEDURES




                                SECTION 4

                  TEAM BASED SELF-ROSTERING




                              CONTENTS

           4.1   Introduction

           4.2   Benefits of self rostering

           4.3   Potential difficulties




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4.1   INTRODUCTION

      Conventional rostering is worked out on the basis of hours between the same
      fixed times each day with staffing patterns decided by the Manager. Self-
      rostering means agreeing the staffing levels and skill mix required at any time
      in the day, then giving staff the ability to schedule their working day collectively
      to meet these requirements.

      The aim is that people have more flexibility to plan their work around other
      commitments and responsibilities whilst still fulfilling the needs of the service.

      Team based self-rostering gives people more control over the pattern of their
      working week. Parameters are set by agreeing in advance the levels of staff
      and skill mix required hour-by-hour throughout the working day. Staff put
      forward the times they would like to work and times they would like to protect
      away from work. This information is then used to compile shift patterns that
      match individual preferences as closely as possible whilst maintaining agreed
      levels of cover at all times.

      Managers and staff groups wishing to consider team based self-rostering
      should consult the Human Resources for advice and assistance


4.2   BENEFITS OF SELF-ROSTERING

4.2.1 The benefits for staff include

      o more control over the scheduling of their own working lives

      o a stronger voice in the planning of team activity

      o previously unrecorded extra time at work is noted and carried forward in a
        “time bank”

      o linking start and finish times more efficiently to travel arrangements

      o linking start and finish times to family care arrangements

      o opting for fewer longer shifts where appropriate (within the requirements of
        the Working Time Regulations)

      o attending appointments without losing a whole shift

      o more discretion to be at work for significant events in patient care

      o extra days off if the bank of hours builds a surplus

      o line Managers are spared the pressures of allocating shifts to staff


4.2.2 The benefits for the organisation include
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      o diffuses conflicts and tensions over shift allocation

      o enables a better match between staffing

      o improvements inlevels and delivery of care

      o encourages development of stronger team spirit

      o the setting-up process enables a review of the staff resources/care needs

      o opens the way for new care initiatives, such as evening and weekend
        clinics

      o improves retention (once staff have worked in a self-roster environment)

      o reduces reliance on agency/bank staff


4.3   POTENTIAL DIFFICULTIES

4.3.1 Possible difficulties for staff

      o for some staff fixed and unvarying shift patterns are necessary because of
        existing arrangements for travel, childcare etc. These needs have to be
        taken into account

      o there may be earning issues around unsocial hours working

      o where there are shortages of key staff, flexibility can be restricted

      o reluctance to use a computer to input preferences on a computer-managed
        scheme

      o selfish behaviour and pressure from other staff in agreeing shift times

4.3.2 Possible difficulties for organisations:

      •   existing management culture may be challenged by control of rostering
          being devolved to staff

      •   staffing levels and skill mix may need to be reassessed

      •   the issue of handovers may be difficult to resolve

      All of these problems can be addressed and resolved through discussion
      within the team and commitment to making the scheme work.




NHS LC & LCCHS                                                      Reviewed July 2009
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                                    SECTION 5

                             WORKING FROM HOME



                                    CONTENTS


        5.1      Working from home
                 5.1.1 Principles
                 5.1.2 Definitions


        5.2      Advantages of home working
                 5.2.1 For the employee
                 5.2.2 For the employer


        5.3      Disadvantages of home working

        5.4      Occasional home workers

        5.5      Staff   who are home based – the issues
                 5.5.1    Equipment
                 5.5.2    Health & Safety
                 5.5.3    Home Insurance
                 5.5.4    Business Rates
                 5.5.5    Tax
                 5.5.6    Confidentiality
                 5.5.7    Sickness
                 5.5.8    Hours of Work
                 5.5.9    Expenses


        5.6      Action required to employ home based staff
                 5.6.1 Contractual Variations
                 5.6.2 Practical Considerations

        5.7      Appeals




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5.1     WORKING FROM HOME

5.1.1   Principles

        With the advance of office technology it has become possible to perform
        certain kinds of work from home rather than in the office. This policy covers
        the issues that need to be considered for both the employee and the Trust
        and the actions that should be taken if it is agreed that an employee may
        work from home.

5.1.2   Definitions

        Home workers fall into two categories:

        • Employees who spend the majority of their time in the office but, with their
          Manager's agreement, are allowed to work from home occasionally

        • Employees who are home based


5.2     ADVANTAGES OF HOME WORKING

5.2.1   For the employee

        • Freedom to arrange working hours to suit any domestic commitments

        • A saving on travelling time and costs

        • The ability to work without distraction

5.2.2   For the employer

        • Retention of     valued and skilled employees        who have domestic
          commitments

        • Well-motivated employees who feel that they work for an organisation that
          is prepared to be flexible and trusts them

        • A possible saving in accommodation costs

        • Increased output as fewer distractions


5.3     DISADVANTAGES OF HOME WORKING

5.3.1   Disadvantages of home working are:

        • Increased demands on employees covering work whilst others work at
          home

        • Difficulty in management/supervision of work undertaken at home
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        • Availability of key personnel in the workplace

        • Confidentiality may be difficult to maintain

        • Social isolation - loss of contact with the Trust and difficulties in keeping
          up-to-date


5.4     OCCASIONAL HOME WORKERS

5.4.1   Work, such as writing reports, preparation of lectures, papers and projects
        may be carried out more easily in a quiet location with minimal disruption. In
        cases where the office facilities are shared, or there are interruptions, a
        Manager may agree that an employee can work from home.

5.4.2   A Manager should ensure, before agreeing that an employee can work from
        home, that the advantages are weighed against the disadvantages. For
        example, one individual's absence from the workplace may create problems
        for others who will have to deal with their calls and queries.

5.4.3   When an employee occasionally works from home they should make their
        home/mobile telephone number available and to ensure that they can be
        contacted.


5.5     STAFF WHO ARE HOME BASED - THE ISSUES

5.5.1   Equipment
        Equipment could include such items as a word processor, computer, fax,
        telephone and furniture. Ownership of the equipment necessary in the home
        would need to be identified by the employer, along with responsibility for
        purchase and installation, maintenance, insurance and running costs.
        Security issues involving computer software and checking for viruses will
        require verification.

5.5.2   Health & Safety
        The Health and Safety at Work Act, 1974, states that an employer shall
        ensure, so far as it is reasonably practicable, the health, safety and welfare at
        work of all employees - this also extends to home workers. The control that
        can be exercised over an employee working from home is limited. The main
        responsibility will be with the home worker under Section 3(2) of the Act.
        This places obligations on home workers themselves to do their work in such
        a way as to ensure that they and other people who may be affected,
        including other members of the household as well as the public, will not be
        exposed to risks to their health and safety.

        Equipment used by home workers (whether NHS or that provided by the
        employee) must be safe to use and not give rise to any risks to health and
        safety. It should be maintained in working order and good repair.

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        Legislation concerning the use of display screen equipment also applies to
        employees working from home. The Trust’s ensures compliance with the
        Display Screen Equipment regulation

5.5.3 Home Insurance
      Employees will need to ensure appropriate insurance for equipment owned by
      the Trust.

5.5.4 Business Rates
      Any home working would normally make part of the property subject to a
      business rate if the work materially distracts from the use of the dwelling for
      domestic purposes. The employee involved should comply with the Council’s
      regulations.

5.5.5 Tax
      Any employee who works from home should contact their tax office to
      ascertain any tax relief they may be entitled to.

5.5.6 Confidentiality
      The Trust would need to ensure that the employee is able to retain security
      and confidentiality of documents within the home in accordance with Trust
      policy and the Data Protection Act, 1998.

5.5.7 Sickness
      Employees working from home would need to inform their Manager if they are
      sick in accordance with the Trust’s Policy and Procedure for Managing
      Absence due to Ill Health.

5.5.8 Hours of Work
      The Manager would need to clarify at the outset the hours the employee
      should work and to confirm whether these are required at specific times of the
      day.

5.5.9 Expenses
      The conditions under which expenses such as postage, e-mails or telephone
      calls, travelling expenses should be paid should be agreed at the outset.


5.6   ACTION REQUIRED TO EMPLOY HOME BASED STAFF

      If a Manager is satisfied that they wish an existing employee to work from
      home they should undertake the following:

5.6.1 Contractual Variations
      Arrange to issue a contract variation which states:

        • that the contract allows them to work at home

        • that the individual is required under Section 3(2) of the Health and Safety
          at Work Act to do their work in such a way that they and other persons


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            who may be affected, including other members of the household, as well
            as the public, will not be exposed to risks to their health and safety

         • the ownership and maintenance arrangements for the equipment to be
           used

         • the individual's own responsibility in terms of equipment insurance, for
           notifying the institution who have arranged the mortgage on the property,
           notifying the landlord, checking with the Local Authority their position in
           terms of business rate or council tax

        •   that the individual is responsible for ensuring that they are able to fulfil the
            confidentiality clause within their contract of employment

5.6.2   Practical Considerations

        • set up the contract and communication system required to enable them to
          manage the home worker

        •   develop methods of keeping the employee in touch with the organisation
            and colleagues so that they avoid isolation and maintain reporting
            arrangements

        •   consider special training required, e.g. health and safety, management of
            time, maintenance of equipment


5.7     APPEALS

        Any issues relating to Managers’ decisions on home-working or concerning
        the individual responsibilities, should be raised with the immediate Line
        Manager in the first instance and then addressed through the Trust’s
        Grievance Procedure except when the request has been made under the
        Flexible Working Regulations where appeal process outlined in the Flexible
        Working guidance in section 8 of this document should be exhausted before
        invoking the Trust’s grievance procedure.




NHS LC & LCCHS                                                         Reviewed July 2009
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            FLEXIBLE WORKING POLICIES AND PROCEDURES



                                      SECTION 6

                                    JOB SHARING


                                    CONTENTS


      6.1        Job sharing policy statement


      6.2        Definition


      6.3        Eligibility for job sharing


      6.4        Practical arrangements for job sharing
                 6.4.1 Job Description and Person Specification
                 6.4.2 Hours of Work
                 6.4.3 Communication
                 6.4.4 Cover of Absence
                 6.4.5 Training and Promotion


      6.5        Job sharing recruitment
                 6.5.1 Requests from Existing Staff
                 6.5.2 When one Job Share Partner Leaves
                 6.5.3 Trial Period


      6.6        Monitoring requirements


      6.7        Terms and conditions of employment
                 7.1 Contract
                 7.2 Salary
                 7.3 Overtime
                 7.4 Annual Leave
                 7.5 Statutory Sick Pay
                 7.6 Pension
                 7.7 On-Call Arrangements
                 7.8 Other Requirements of the Post

      6.8        Appeals

  Appendix 1     Examples of Contract Clauses



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            FLEXIBLE WORKING POLICIES AND PROCEDURES


6.1   POLICY STATEMENT

      The Trust supports the principles of job sharing and recognises that job
      sharing offers a range of career opportunities to those who, through choice or
      necessity, cannot work full-time. The advantage of job share is that it enables
      a minimum of two people to share a job, providing the opportunity for flexibility
      in working arrangements and the opportunity for cross-cover in times of
      annual/sick leave. Job sharing is essentially one job with a single job
      description, the duties of which are shared between two or more employees.
      The job could revert to full-time if required.

      All posts within the Trust are open to job share unless it can clearly, justifiably
      and objectively be demonstrated that job sharing is not possible, in which
      case, it will be necessary to exempt the job from job sharing arrangements.

      However, any decision taken to exempt a job from job sharing must be
      undertaken in consultation with the Human Resources Directorate and fully
      documented.

      There are legal implications surrounding a refusal to agree a request for
      job share which could amount to sex discrimination.

      All requests and arrangements for job share must be treated in a consistent
      manner across the Trust, having regard especially to the Trust’s Equal
      Opportunities Policy.


6.2   DEFINITION

      Job sharing occurs when an arrangement is made to divide or share all the
      duties of an established post, benefits and hours, between two or more people
      according to the amount of time they each work. The sharers accept joint
      responsibility for the whole job and there is a high level of interaction,
      communication and co-operation.


6.3   ELIGIBILITY FOR JOB SHARING

      Managers should consider the possibilities of job sharing within their
      departments, in the knowledge that any post is suitable for job sharing unless
      it can be objectively demonstrated otherwise.


6.4   PRACTICAL ARRANGEMENTS FOR JOB SHARING

      The exact working arrangements should be determined between the Manager,
      and the job share partners. Advice can be obtained from the Human
      Resources Directorate. The agreed arrangements will be included in each job
      share contract of employment.



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6.4.1   Job Description and Person Specification
        The job description will cover the duties of the job as if it is one job. The
        person specification will cover the job as a whole and all applicants must be
        able to meet essential criteria in full.

6.4.2    Hours of Work
         The most common arrangement is for job share partners to work half the
         hours, although it can be an uneven split and the hours may be arranged in a
         variety of ways, for example:

         • 3 days/2 days

         • alternate weeks

         • alternate days

         • morning/afternoon

         • 2 x ½ days each

        Time is essential to provide job sharers with the opportunity to provide quality
        handover.

6.4.3 Communication
      Overlap between the job sharers is the most effective way of ensuring good
      communication whilst helping continuity and avoiding any isolation. In addition
      to the overlap periods, other methods of maintaining strong communication
      links should be established to ensure continuity.

6.4.4 Cover of Absence
      There is no requirement that a job share partner covers the other partner’s
      short-term absence due to sickness or annual leave, although if possible, this
      should be arranged. Should the individual agree to work the additional hours,
      then any hours worked above those specified in the contract should be given
      as time off in lieu or paid at the appropriate rate. Overtime payments will only
      be made when the hours worked in any week exceed that of the standard full-
      time hours of the post.

6.4.5 Training and Promotion
      Job sharers should be given equal access to training, career development and
      promotion in exactly the same way as full-time staff.


6.5 JOB SHARING RECRUITMENT

        The job sharing scheme is open to all employees and prospective employees
        no matter what level in the organisation. Job sharers do not need to state their
        reasons for wishing to job share.


6.5.1 Requests from Existing Staff
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      Current employees including those returning from maternity leave, who wish to
      request job share must put their request in writing to their Manager setting out
      details, e.g. number of hours wanted, whether two or three full days a week or
      half days etc.

      Where this request is made under the Flexible Working Regulations
      (subject to eligibility criteria outlined in Guidance on dealing with
      request for Flexible working), employees should make a request using
      the “Request for Flexible Working Form” included in the aforementioned
      Guidance.

      If the request is rejected the reason for refusal must be stated.

      If the request is approved the normal recruitment process for the other job
      share partner should be followed and the post should be advertised as a
      vacancy for a job share partner clearly stating the patterns of work.

      After the interview if no suitable job sharer is found, the post should be re-
      advertised. If the post is re-advertised twice and remains unfilled the following
      shall apply:

     1.   Employees remain in their existing post; and
          The remaining job sharer should be offered the combined hours of the
          post

     2.   Managers should give sympathetic considerations to alternatives eg, other
          flexible working arrangements, redeployment. Alternative options must be
          of a commensurate grade and status unless the employee agrees to
          different terms; and

     3.   After all the above options have been exhausted the termination of the
          employment of the existing job sharer will be considered and the
          Management of Change and Staff Deployment Policy will apply.

6.5.2 When One Job Share Partner Leaves
      The remaining job sharer should be offered the combined hours of the post
      and if the remaining sharer can not work the additional hours the remaining
      post should be advertised as job share.

      If it is impossible for service reasons for the post to continue on a less than
      standard hours basis and no sharer can be found in a period of not less than
      six months and after at least two advertisements, the existing sharer may be
      required to work the same hours on a part-time basis or be transferred to the
      equivalent hours in a commensurate post. Only after all the above options
      have been exhausted will the termination of the employment of the existing job
      sharer be considered and the Management of Change and Staff Deployment
      Policy will apply.



6.5.3 Trial Period

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      There is nothing to prevent management jointly agreeing to a job share
      contract on a trial basis. An appropriate review mechanism would need to be
      included. The terms of the temporary contract should be clearly agreed.


6.6   MONITORING REQUIREMENTS

      All job share arrangements must be monitored and regularly reviewed by the
      Manager particularly during the first 3-6 months of a job share agreement.
      This will ensure that the partnership remains effective and gives the
      opportunity to resolve any issues.


6.7   TERMS AND CONDITIONS OF EMPLOYMENT

6.7.1 Contract
      Each partner in a job share should be given their own contract specifying the
      job sharing conditions, subject to the terms and conditions of the Trust.

6.7.2 Salary
      Each job share partner would receive a pro rata salary.

6.7.3 Overtime
      If a job sharer works additional hours, overtime rates do not apply until the
      total number of hours worked exceed the standard full time hours of the post.

6.7.4 Annual Leave
      Entitlement to annual leave and public/statutory holidays will be on a pro rata
      basis.

6.7.5 Statutory Sick Pay
      Job sharers will be entitled to occupational sick pay in accordance with the
      employer’s sick pay scheme, which is based upon length of service.

6.7.6 Pension
      If an existing full-time employee changes to a job share post this may have an
      effect on their pension. Advice should be sought from the Pension Officer in
      the Payroll Department.

6.7.7 On-call Arrangements
      Where there is an on-call requirement, this should be shared equally between
      the job sharers with on-call payments paid pro-rata. Call-outs should be
      remunerated in accordance with terms and conditions applicable to the post.

6.7.8 Other Requirements of the Post
      It may be necessary to consider what resources are needed for the post eg,
      transport, as there will be duplication.


6.8   APPEALS

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     Any issues relating to Managers’ decisions on Job Share or concerning the
     individual responsibilities, should be raised with the immediate Line Manager
     in the first instance and then addressed through the Trust’s Grievance
     Procedure except when the request has been made under the Flexible
     Working Regulations where appeal process outlined in the Flexible Working
     guidance in section 8 of this document should be exhausted before invoking
     the Trust’s grievance procedure.




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                                                                           APPENDIX 1

   Examples of clauses which can be included into the Trust’s Statement of
                     Terms and Conditions of Service

This is a job share post sharing the duties and responsibilities of one post with (insert
name). Job sharers are required to co-operate in making the partnership effective in
meeting the objectives of the post.

The working hours arrangement are as follows: (following is only an example)

‘X’ will normally work 18.75 hours per week (excluding meal breaks) two and a half
days a week, Monday, Tuesday and Friday.


You will not normally be expected to cover the absence of your job share partner
(annual leave, sickness, training absence etc). Any additional hours required will be
arranged by agreement with you and you will be remunerated accordingly to NHS
Terms and Conditions of service.

If your job share partner leaves you will be offered the full post. If this is
unacceptable to you the Trust will advertise the job share partner post. If no
appointment is made the Trust may require the post to revert to standard hours of the
post and the job sharing arrangements will be discontinued. Every effort will be made
to identify suitable alternative employment and you will be fully consulted.




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                                SECTION 7

                         FLEXIBLE RETIREMENTS




                                CONTENTS

           7.1   Introduction


           7.2   Options for Flexible Retirement

                 7.2.1    Wind Down
                 7.2.2    Step Down
                 7.2.3    Retire and Return
                 7.2.4    Additional Voluntary Contribution Incentives
                          for Key Staff to Defer Retirement


           7.3   Keeping in touch register


           7.4   Appeals




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7.1   INTRODUCTION

      The Trust is committed to offering more flexible routes to retirement, such as
      part-time work and a chance to wind down can help extend the contributions of
      experienced staff. This applies to all staff, both those contributing to the NHS
      Superannuation Scheme and those in non-NHS Schemes.


7.2   OPTIONS FOR FLEXIBLE RETIRMENTS

      The options broadly are:

7.2.1 Wind Down

      Pension benefits for part-time staff are calculated on the whole-time equivalent
      pay, so moving from full-time to part-time work, rather than retiring, should not
      reduce eventual pension. A difference may occur where special allowances,
      for example, night shift allowance, are not attached to the part-time role.

      Staff who defer retirement and continue to work part-time, carry on building up
      pension entitlement. For example, someone working 4 years at 50% of full-
      time will be credited with 2 extra years of contribution to the scheme.

7.2.2 Step Down

      The key aspects of this option are the availability of a suitable role and the
      formal agreement of the Trust that the higher level of pension entitlement
      should be protected.

      To step down into a less demanding, lower paid role in a way that preserves
      pension entitlement from the higher paid post. It can be particularly valuable
      where the member of staff has critical skills and experience to contribute to
      patient care, and where the new role facilitates transfer of this experience to
      other staff.

      The general rule is that pension income is set as a proportion of pensionable
      earnings in the best of the last three years of employment. The proportion is
      dictated by the number of years each member of staff has participated in the
      scheme. However, by agreement with the Trust an employee can step down
      into a lower-paid role, whilst preserving pension rights already earned at the
      previous higher level.

7.2.3 Retire and Return

      There are no significant obstacles to staff resuming work after retirement
      whether this be full-time, part-time or for short periods. As they have retired
      they will no longer be members of the pension scheme – they will not build up
      any further pension entitlement but their earnings usually will have no effect on
      their pension.

      The conditions attached to this option are:



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      •   Pensioners aged under 60* cannot earn more through pension and post-
          retirement employment than their salary at retirement. Where this
          happens, their pension will be reduced to bring total income down to the
          required level.

      •   Pensioners must take 24 hours break and should not work more than 16
          hours a week within the first calendar month of retirement, otherwise their
          pension will be suspended.

      *Pensioners under 60 who have taken an actuarially reduced pension are
      excluded from this condition.

7.2.4 Additional Voluntary Contributions Incentives for Key Staff to Defer
      Retirement

      Within the terms of the NHS Pensions Scheme, Managers have the ability to
      offer payment of additional employer’s contributions. This could be used to
      help persuade key staff to defer their retirement. These payments take the
      form of “additional voluntary contributions” (AVCs) to a scheme which
      operates alongside the main scheme. AVCs are tax and NI efficient. They
      provide an additional fund at retirement which can be used to increase
      pension income or taken as a tax-free cash sum.


7.3   KEEP IN TOUCH REGISTER

      The Trust will develop a register of retired staff who may be willing to come to
      work during periods of peak activity. Alongside this register the Trust will
      operate a “keep in touch” scheme to ensure regular formal and informal
      contact with retired staff who may be happy to return for work for short periods
      or longer.


7.4   APPEALS

      Any issues relating to Managers’ decisions on request for Flexible Retirement,
      should be raised with the immediate Line Manager in the first instance and
      then addressed through the Trust’s Grievance Procedure.




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          FLEXIBLE WORKING POLICIES AND PROCEDURES




                                   SECTION 8

           GUIDANCE ON REQUESTS FOR FLEXIBLE WORKING




                                     CONTENTS


           8.1      Introduction


           8.2      Who is eligible to apply


           8.3      What kind of change can be applied for


           8.4      Making an application under the regulation

                    The procedure of dealing with the requests for flexible
           8.5
                    working

           8.6      Appeals


           8.7      Recording and Monitoring

                    A flowchart outlining dealing with request for flexible
       Appendix 1
                    working

       Appendix 2   Flexible working request form


       Appendix 3   Standard letter to reject a request


       Appendix 4   Standard letter to reject a request following appeal




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8.1   INTRODUCTION

      The Trust recognises that, as a means of improving both staff recruitment and
      retention, and ensuring a balance between work and life, it needs a flexible
      approach to working patterns.

      The Trust has introduced this guidance, in the light of employment legislation,    Deleted: Employment Act
                                                                                         2002
      which gives parents of children aged under 17 years or disabled children
      aged under 18 years the right to request flexible working, and places a duty
      on the Trust to consider these requests seriously. The Work and Families Act
      2006 extends this right to apply to work flexibly to carers of adults.

      The definition of a carer is an employee who is or expects to be caring for an
      adult who:
         • Is married to,or the partner or civil partner of the employee or
         • Is a relative of the employee; or
         • Falls into neither category but lives at the same address as the
             employee

      The ‘relative’ definition includes parents, parent-in-law, adult child, adopted
      child, siblings (including those who are in-laws), uncles, aunts or grandparents   Deleted: gradndparents
      and step relatives.

      The Trust fully supports this approach to work, and expects managers to
      consider requests positively, and, wherever possible, accommodate flexible
      working patterns.

      The legislation does not provide employees with an automatic right to work
      flexibly as there may be circumstances when the Trust is unable to
      accommodate the employee’s desired work pattern. The right is designed to
      meet the needs of both parents and employers and aims to facilitate
      discussion and encourage both the employee and the employer to consider
      flexible working patterns and to find a solution that suits both. The employee
      has a responsibility to think carefully about their desired working pattern when
      making an application, and the employer is required to follow this procedure to
      ensure requests are considered seriously.

      The guidance applies to all permanent requests made by eligible employees to
      work flexibly to enable them to care for their children or adults.

      A flow chart detailing this guidance has been attached at Appendix 1.


8.2   WHO IS ELIGIBLE TO APPLY

      Employees who meet the following criteria are eligible to apply for flexible
      working under this regulation:
      •   have a child under 17, or under 18 in the case of a disabled child



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          and
      •   are either
          - the child’s mother, father, adopter, guardian or foster parent, or
          - married to or the partner of the child’s mother, father, adopter, guardian or
          foster parent, including same sex partners as long as they have parental
          responsibility for the child
          Or
      •   be the carer for an adult in need of care as defined above in 8.1
          and
      •   have worked with the Trust employer continuously for at least 26 weeks at
          the date of application
          and
      •   make the application no later than two weeks before the child’s 17th
          birthday or 18th birthday in the case of a disabled child
          and
      •   have or expect to have responsibility for the child’s upbringing
          and
      •   will be making the application to enable them to care for the child
          and
      •   has not made any application to work flexibly under the right during the
          past twelve months with the same employer.


8.3   WHAT KIND OF CHANGE CAN BE APPLIED FOR

      Eligible employees are able to request changes in working hours and working
      patterns such as annualised hours, flexitime, homeworking, job-sharing, self-
      rostering, shift working, part time and term-time working.


8.4   MAKING AN APPLICATION UNDER THE REGULATION

      Employees requesting flexible working must complete a “Request for flexible
      working form, (Appendix 2).

      It is up to the employee to make a considered application in writing. They are
      only able to make one application a year under the right, and accepted
      applications will mean a permanent change to the employee’s own terms and
      conditions of employment unless otherwise agreed between both parties. It is
      important therefore that, before making an application, the employee gives
      careful consideration to which working pattern will help them best care for their

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      child; any financial implications it might have on them in cases where the
      desired working pattern will involve a drop in salary; and any effects it will have
      on their employer’s business and how these might be accommodated.


8.5   CONSIDERING A REQUEST

      When looking at how to accommodate a request, the manager should to
      consider some or all of the following areas;

      a.     Additional Cost

             Is there a cost attached to the request? Is it a significant cost when
             compared to both the financial cost, and lost skills and experience, if
             the individual left the organisation?


      b.     Impact on service delivery

             Will this change impact on service delivery? Is this an opportunity to
             expand the times that the services are offered? Could it improve the
             quality of the service? Is this an opportunity to look at different ways of
             working? Could you introduce skill mix, or new roles? Could you re-
             organise the work amongst existing staff? If you cannot accommodate it
             permanently, could you do it on a temporary basis?

      c.     Retention of staff

             Would this change help to retain the individual? Could the request be
             accommodated in a different area if it cannot be accommodated in
             yours? If you cannot consider the request now, are you likely to be able
             to consider it in the near future?

      d.     Impact on others

             Has the individual discussed the change with others if it impacts on
             them? Do you need to discuss it with others before you are able to
             consider the request?


8.6   THE PROCEDURE FOR DEALING WITH THE REQUESTS UNDER THE
      REGULATION

      Step 1        Arranging a meeting

      Once the Manager has received the written request, he/she should arrange a
      meeting with the individual within 28 calendar days of receipt of the request to
      either agree the change which has been requested or to explore the proposed
      work pattern in depth, and to discuss how best it might be accommodated. It
      also provides an opportunity to consider other alternative working patterns
      should there be problems in accommodating the work pattern outlined in the
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      employee’s application. Please refer to paragraph 8.8 of this guidance which
      outlines what factors you will need to consider before making a decision.

      The employee should be given the option to bring a staff side representative or
      colleague to the meeting.

      Step 2        Confirming the decision

      Once the manager has met with the employee, they should confirm their
      decision in writing within 14 calendar days of the meeting (Appendix 3). The
      letter of confirmation should either;

      •   accept the request, detail the exact nature of the change, establish a start
          date and confirm a review

      •   confirm a compromise reached at the meeting, establish a start date and
          confirm a review

      •   reject the request, using the standard letter in Appendix 4, giving a clear
          explanation of the reasons why, and informing them of their right to appeal

      If the manager has been able to agree at this stage, he/she should complete a
      change of circumstances form, and forward it to the Human Resources
      Directorate.

      All time periods can be extended where both the employer and the employee
      agree. Any extensions must be recorded in writing by the employer and copied
      to the employee.

      If you need any assistance from the Human Resources Directorate in
      considering requests, you should contact them as early as possible. Whatever
      the outcome of the application, you should inform Human Resources.


8.6   APPEALS

      The appeal should be made in writing to the manager next in line giving
      reasons for the appeal within 14 calendar days of being notified of the
      decision. The manager should arrange a meeting with the employee, which
      needs to take place within 14 calendar days of being notified of the appeal.
      On receipt of the appeal, the employee should be notified of the arrangements
      for the meeting giving them the option to bring a staff side representative or
      colleague.

      Before the meeting, the manager should have reviewed both the request and
      the reasons given in the original response for declining the request. It may be
      necessary to re-visit the areas detailed in paragraph 8.5, and seek advice the
      Human Resources Directorate before the meeting.

      Once the meeting has taken place, the decision should be confirmed in writing
      within 14 calendar days of the date of the meeting (Appendix 4).
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      It will either be;

      •   Upholding the appeal, specifying the exact nature of the agreed change,
          establishing a start date and a review
      or
      • Rejecting the appeal, using the letter in Appendix 4, stating the grounds
         for the decision, and informing them of their right to lodge a grievance at
         Stage 2 of the procedure.

      If a decision has been made to uphold the appeal, the manager should
      complete a change of circumstances form, and forward it to the Human
      Resources Directorate.

      Whatever the outcome at this stage, the manager should inform the Human
      Resources Directorate.


8.7   RECORDING AND MONITORING

      Once a decision has been made, the manager should retain the request form
      and all associated correspondence in the individual’s personal file.

      A copy of the request form and the response should also be forwarded to the
      Human Resources Directorate, who will maintain a central file of requests for
      Improving Working Lives and Equal Opportunities monitoring.




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                                                                                    APPENDIX 1

  Flow Chart showing Guidance on dealing with Flexible Working Requests

                        Manager receives an application for flexible working


                                                    Within 28 Calendar days

                        Manager and Individual meet to discuss the application



                                                        Within 14 Calendar days

                        The manager writes notifying the employee of the
                        decision




Application is REJECTED                                                 Application is
ACCEPTED

The individual needs to decide if they wish to appeal
against the decision. If so, they must appeal in
writing, setting out the grounds for their appeal.



                        Within 14 Calendar Days
   Next in line manager receives the
   employee’s written appeal.


                       Within 14 Calendar Days

               Days
   Manager and individual meet to discuss
   the appeal.



                       Within 14 Calendar Days
   The manager writes notifying the
             Days
   employee of the decision




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Appeal is REJECTED                    Appeal is UPHELD (ACCEPTED)



The individual needs         Both the individual and manager will need to consider what
to decide if they wish       arrangements they need to make to ensure the working pattern is
to lodge a formal            changed.
grievance.                   Actions:
                             1. Confirm to employee in writing, Copy in personal file and to HR

                             2.   Complete a Notification of change of circumstances form




                                                                                   APPENDIX 2

                                   NHS LEICESTER CITY

                         REQUEST FOR FLEXIBLE WORKING FORM

PERSONAL DETAILS
                                                                  First
Surname
                                                                 Name
Home
Address

                                                                          Tel No

EMPLOYMENT DETAILS
Assignmen                          Post                                         Dept.
t No.                              Title                                        / Dir.
Relationshi                                                                       Ext
p to                       Base
                                                                                  No.
child/adult
Date of commencement of continuous employment with the LCPCT

I would like to apply to work a flexible working pattern that is different to my
current working pattern under my right provided in the law. I confirm I meet
each of the eligibility criteria as follows:

•    I have responsibility for the upbringing of a child/children under 17 years of age/
     a disabled child/children under 18 years of age

     And

•    I am the mother / father / adopter/guardian / foster parent of the child / children
     or Married to or the partner of the child’s / children’s mother, father, adopter,
     guardian or foster parent

     And
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•    I am making this request to help me care for the child


     And

•    I am making this request no later than two weeks before the child’s seventeenth
     birthday or eighteenth birthday where disabled


        Or
I am the carer who expects to be caring for an adult who
- I am married to, or is my partner or civil partner
- is my relative
- falls into neither category but lives at the same address as me
The definition of ‘relative’ covers parents, parent-in-law, adult child, adopted
adult child, siblings (including those who are in-laws), uncles, aunts,
grandparents or step relatives.

     And

•    I have worked continuously for the Trust at least 26 weeks at the date of the
     application

     And

•    I have not made a request to work flexibly under this right during the past 12
     months with the Trust.




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Please read the note below before completing the application form
The information on this form will be used to consider whether your request can be
accommodated. You should answer all the questions as fully as possible. If you are
unable to answer all the questions, you should discuss them with your manager, and
complete them together. For monitoring purposes, you should also complete the
Equal Opportunities form attached.
1. Why do you want to change your working pattern?




2. How do you think your request will affect the individuals you work with?




3. How do you think your request will affect your work?




4. Will your request have any direct/indirect affect on patient care?




5.   When would you like the change to start?




You should, where possible, give 12 weeks notice of a change. If you need the
change to start earlier, please give details above.


Signature                                       Date
             FLEXIBLE WORKING POLICIES AND PROCEDURES




                                                                           APPENDIX 3

                  STANDARD LETTER TO REJECT A REQUEST


Dear

Re:    Request to (detail their request here)

I write further to our meeting on -------------. The meeting was arranged to discuss
your request to (give as much detail as necessary).

Having carefully considered your request, I am sorry to have to inform you that I
cannot accommodate it for the following reasons;

-      give a very clear reason linked to one of the following
       -      additional costs
       -      effect on delivery of service
       -      inability to re-organise work
       -      not enough work at the right level at the right time
       -      effect on quality of service

-      Keep to plain English, and avoid the use of jargon

-      Only include relevant and accurate facts

-      Don’t make it overly complex or unnecessarily long


Give details here of any changes to their request that might mean you can
accommodate it eg

As I indicated at our meeting, if you decide to change the day that you would prefer
not to work to one earlier in the week, then I would be happy to reconsider your
request.

You have a right of appeal against this decision. To lodge your appeal, you should
write to (give name, job title and address of your manager), within 14 calendar
days of receipt of this letter. Your letter should include clear reasons for your appeal.

Should you lodge an appeal, Name of your manager, will write to you within 14
calendar days of receipt of your letter, giving you details of a meeting to
consider your appeal. You will be given the opportunity to bring a colleague to
the meeting.

If you would like to discuss my reasons for rejecting your request, please do not
hesitate to contact me.



NHS LC & LCCHS                                                      Reviewed July 2009
                                      Page 43 of 45
            FLEXIBLE WORKING POLICIES AND PROCEDURES


Yours sincerely




NHS LC & LCCHS                                    Reviewed July 2009
                             Page 44 of 45
                                                                       APPENDIX 4

       STANDARD LETTER TO REJECT A REQUEST FOLLOWING APPEAL


Dear

Re:    Appeal

I write further to our meeting on -------------. The meeting was arranged to consider
the decision made to reject your request to (give as much detail as necessary).

Having carefully considered both your request, and your manager’s reasons for
rejecting it, I am sorry to have to inform you that I cannot accommodate it for the
following reasons;

-      give a very clear reason linked to one of the following
       -      additional costs
       -      effect on delivery of service
       -      inability to re-organise work
       -      not enough work at the right level at the right time
       -      effect on quality of service

-      Keep to plain English, and avoid the use of jargon

-      Only include relevant and accurate facts

-      Don’t make it overly complex or unnecessarily long

Give details here of any changes to their request that might mean you can
accommodate it, or confirm that you have considered the possibility of
accommodating the request elsewhere.

If you are unhappy with this decision, you have the opportunity to lodge a grievance
under the Trust’s Grievance and Disputes Procedure. I enclose a copy of the
procedure for your information.

Should you decide to lodge a grievance, this should be put in writing to (please seek
advice from Human Resources for appropriate manager) and will be heard at
Stage Two of the procedure. You have a right to representation at this stage.

If you would like to discuss my reasons for rejecting your appeal, please do not
hesitate to contact me.


Yours sincerely

				
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