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Flexible Working Policy
HUMAN RESOURCES POLICY – NEE205
Version 2
Policy Owner: Assistant Director HR
Approved by: Joint Staff Council (JSC) August 2009
Review: October 2010
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HUMAN RESOURCES POLICIES & PROCEDURES – Flexible Working Policy
Contents
Contents .......................................................................................................................... 2
1 Scope ....................................................................................................................... 4
2 Introduction .............................................................................................................. 5
3 Legal Framework ..................................................................................................... 6
4. Flexible Working Practices ....................................................................................... 7
4.1 Annualised Hours.............................................................................................. 8
4.1.1 Terms ..................................................................................................... 8
4.2 Career Break..................................................................................................... 9
4.2.1 Terms ................................................................................................... 10
4.3 Compressed Working Week ........................................................................... 11
4.3.1 Terms ................................................................................................... 11
4.4 Flexitime.......................................................................................................... 13
4.4.1 Terms ................................................................................................... 14
4.5 Flexible Retirement ......................................................................................... 17
4.5.1 Winding Down ...................................................................................... 17
4.5.2 Stepping Down ..................................................................................... 17
4.5.3 Retiring and Returning ......................................................................... 17
4.5.4 Voluntary Early retirement .................................................................... 18
4.6 Flexible Working Hours ................................................................................... 19
4.6.1 Terms ................................................................................................... 19
4.7 Home Working ................................................................................................ 20
4.7.1 Terms ................................................................................................... 20
4.8 Job Share........................................................................................................ 21
4.8.1 Terms ................................................................................................... 21
4.9 Part Time Working .......................................................................................... 22
4.9.1 Terms ................................................................................................... 22
4.10 Reduced or Extended Working Hours ............................................................. 23
4.10.1 Terms ................................................................................................... 23
4.11 Self Rostering ................................................................................................. 24
4.11.1 Terms ................................................................................................... 24
4.12 Secondment .................................................................................................... 26
4.12.1 Terms ................................................................................................... 26
4.13 Term Time Working ........................................................................................ 27
4.13.1 Terms ................................................................................................... 27
When an employee attains 5 or 10 years service and qualifies for additional holiday
the entitlement should be re-calculated. A change form should be completed to notify
payroll of the amendment so the correct salary will be paid. ......................................... 27
5 Policy ..................................................................................................................... 29
5.1 Applications for Flexible Working .................................................................... 30
5.2 Timeframes ..................................................................................................... 31
5.3 Decisions ........................................................................................................ 31
5.3.1 Requests Accepted .............................................................................. 31
5.3.2 Requests Declined ............................................................................... 32
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6 Roles and Responsibilities ..................................................................................... 34
6.1 Employees ...................................................................................................... 34
6.2 Managers ........................................................................................................ 34
6.3 Human Resources .......................................................................................... 34
7 Process .................................................................................................................. 35
7.1 Process for Employees ................................................................................... 36
7.2 Process for Managers ..................................................................................... 36
7.3 Appeals Process ............................................................................................. 39
8 FORMS .................................................................................................................. 40
8.1 Request to Change Working Pattern Form ..................................................... 40
8.2 Letter to Employee confirming Acceptance ..................................................... 40
8.3 Letter to Employee Declining Request ............................................................ 40
8.4 Appeal Form ................................................................................................... 40
9 Frequently Asked Questions .................................................................................. 47
10 Document Information ........................................................................................ 50
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HUMAN RESOURCES POLICIES & PROCEDURES – Flexible Working Policy
1 Scope
This policy applies to all staff directly employed by NHS North East Essex (NHSNEE) or
falling under its remit as an employer, irrespective of hours worked, whether employed
permanently, or length of service.
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2 Introduction
There are as many as 60% of the total NHS workforce working a pattern other than the
standard „9 – 5.30‟ which helps to provide all the services required, cope with the peaks
and troughs of activity and lead to a positive impact on the delivery and quality of patient
care.
NHS North East Essex recognises that balancing work with the rest of life is something
we all have to do. Many employees have responsibilities outside work that put
demands on their time and as an organisation we need to help them balance their home
and work lives effectively.
Having in place a range of working patterns is one way this balance might be achieved
and within NHS North East Essex we are committed to the use of flexible working
patterns and initiatives in order to attract and retain high quality staff and enable them to
reach their full potential whilst meeting the needs of the service and our employees.
Flexible working patterns allow more scope to meet the changing demands for services
and provide opportunity for increasing access to care at different times and can apply to
an individual or a whole team or department/area.
No employees will be treated less favourably, suffer detriment or be dismissed because
they request, or take flexible working. Flexible working is about considering the way
work is organised and whether it is possible to have different arrangements, whilst still
maintaining services and working efficiently.
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3 Legal Framework
Amendments to the Employment Act 2002, which came into practice on the 6 th April
2003 provided employees with children the right to request flexible working, subject to
the certain conditions. The Work and Families Act 2006 effective from 3 April, 2007
included caring responsibilities. With effect from 6 April, 2009 The Flexible Working
(Eligibility, Complaints and Remedies) (Amendment) Regulations 2009 extends the right
to request flexible working for employees who have children aged 16 or under.
To be entitled to statutory request flexible working, employees must:-
Have a child aged 16 or under or a disabled child under 18 years of age who is in
receipt of a disability living allowance.
Make the request before the child‟s appropriate birthday
Have responsibility or expect to have responsibility for the upbringing of the child
The request for changes must be to enable them to care for the child
The employee must be the mother, father, adopter, special guardian or foster parent
of the child or be married to or the partner or civil partner of one of these or a person
who has been granted a residence order in respect of a child.
Live with the child
Have worked for the employer continuously for 26 weeks at the date of the
application to work flexibly
Not have made any other request in the previous 12 months
OR
Care or be expected to care for a person aged 18 or over who:
they are married to, or the partner or civil partner of
is an immediate or near relative
does not fall into either of the above but lives at the same address as the
employee
Have worked for the employer continuously for 26 weeks at the date of the
application to work flexibly
Not have made any other request in the previous 12 months
This policy for NHS North East Essex recognises the importance and benefits of flexible
working practices and has extended the right to request flexible working:
to all employees, irrespective of service, parental or caring responsibilities
for any reason
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4. Flexible Working Practices
NHS North East Essex recognises that the needs of employees to balance their working
lives, family commitments and responsibilities change with age, work and other
influences which may impact on their ability to fulfil their work responsibilities.
To aid retention, reduce anxiety and stress the following types of flexible working
arrangements will be considered if requested by any employee:
Annualised hours
Compressed Working Week
Flexitime
Flexible Retirement
Flexible working hours
Home Working
Job Share
Career Break
Part Time
Reduced Hours
Self-rostering
Secondment
Term Time Working
This list is not exhaustive and the organisation will consider any other types of flexible
working that may be proposed by individuals or particular departments or areas of work.
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4.1 Annualised Hours
Annualised hours is a scheme whereby employees agree to working the agreed number
of annual hours in a pattern to suit the supply and demands of the area of work to cover
seasonal pressures. Hours can be scheduled to be worked:
At regular set times each week or month
At set times each week at certain times of the year
Only at certain times of the year
So the majority of hours are worked at agreed times, with the rest proportioned across
the year
4.1.1 Terms
The following terms will apply to any annualised hours contracts issued:
Contracts to be reviewed annually
Annual number of hours to be agreed at the beginning of the yearly period
Pattern of hours to be agreed at the beginning of the yearly period
12 hours maximum working day in any shift
No more than 6 hours to be worked without a break
the working week and rest breaks should comply with the Working Time Directive
(policy available on the extranet)
Salary will be paid in 12 equal payments, irrespective of hours worked in any one
month
Holidays, including public holidays, will be calculated in hours and pro-rated to the
overall number of hours required to be worked for the year
Any additional hours worked over and above the annual requirement will be paid at
the end of the yearly period, subject to relevant managerial authorisation
Payment for any hours not worked will be deducted at the end of the yearly period,
subject to relevant managerial authorisation
Comprehensive, accurate timesheets to be maintained
Managers to authorise any amendments to agreed working pattern
Whilst this can be a very flexible way of working, due to the nature of the work and the
fact that there are few differences in seasonal demands, it is not anticipated that many
requests will be received for this flexible working pattern and discussions should be held
with HR to ensure all implications are considered and amendments to terms and
conditions confirmed.
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4.2 Career Break
Career breaks are designed to allow a break from work for a designated period of time
to allow employees time, for example, to bring up their family or undertake a period of
full time study.
Time away from work will be unpaid and can be for periods between 6 months to 2
years, with an agreed commitment, where this is practical, to return for a number of
minimum activities, training or work to maintain skills and abilities and keep up to date
with professional qualifications or developments in their professional role and PCT.
Career breaks are available to all employees, who fulfill the following criteria:
1 year‟s service where the break is for caring for a family member or family related
2 year‟s service where the break is for other reasons, e.g. travel or study
Have an at least satisfactory performance, disciplinary and attendance record
Any loans or debts to the PCT must be paid up prior to commencement of the
Career Break
All cases will be considered on their individual merits and there must be an intention to
return to the PCT at the end of the agreed break, although no guarantees are given for
the employee to return to the exact role undertaken prior to commencing the break.
The following should be considered when considering any request for a career break:
The Contract of Employment is suspended for the time away, and is counted as a
break in service and will be considered as such for pension and any other service-
related benefits. Service either side of the career break will be aggregated for the
purposes of calculating service-related benefits, e.g. holiday entitlement. Service
for any purpose will not be accrued during the break.
During any period of career break the employee will receive no salary or benefits,
except for any time spent at work for maintaining professional development or any
requirement to attend training courses etc. This time will be paid at the rate
appropriate to the role prior to commencing the break
Pension contributions will cease during the Career Break, it may be possible,
however, to buy added years upon return, if required.
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4.2.1 Terms
Breaks will normally be in one continuous block
The length of break should be agreed prior to the commencement of the break
A minimum period of 5 (five) working days per annum for training, professional
updates, etc. should be agreed at the start of the break and must fulfill any
requirements of the relevant professional body and need for mandatory training
Payment for any periods of training will be paid in one block at the end of the agreed
total time
The employee is responsible for ensuring they fulfill all the necessary criteria to
maintain professional competence
Managers should ensure any employee receives communications and updates from
the PCT on a regular basis to maintain knowledge and ensure the employee is not
disadvantaged in any way with regard to re-structures etc.
No alternative employment can be carried out during a period of career break,
unless previously agreed or is connected to the reason for the career break ie work
experience as part of a course of study and this should be agreed at the outset.
A minimum one month‟s notice of intention to return from the Career Break must be
given in writing, where this is the date agreed at the start of the break
A minimum 3 months‟ notice of intention to return from the Career Break must be
given in writing, where the date is different to that agreed
NHS North East Essex will make every effort to re-employ the employee into the
same, or a broadly similar, role to that carried out prior to the break, however, this is
not guaranteed
Where a suitable role is not available the manager and employee can agree:
A return to an alternative role at a different level or in a different area
A temporary role, prior to a suitable role becoming available
An extension of the career break
Employees will not be given priority over other suitably qualified or experienced
internal candidates against any vacancies considered suitable on your return from
career break but may be considered ahead of any external candidate
If a suitable role is offered to an employee returning from career break and this is
unreasonably refused no further roles will be offered and the contract of employment
may be terminated
The employee should return to work on the same hours and working pattern as that
carried out prior to the break, unless agreed differently with the relevant manager
upon return from the career break
Lease cars should be returned for the period of Career Break
Upon return employees will receive written confirmation of the terms and conditions
of employment applicable to them
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4.3 Compressed Working Week
Compressed working weeks mean allocating normal weekly hours into fewer working
days, e.g. working 3 days x 12.50 hours, 4 X 9.25 hours. Some of the benefits include:
Longer weekends and increased leisure opportunities for staff
Possible extended opening hours for a particular service
„Unsocial‟ hours can be covered
The following should be taken into account when considering any requests for
compressed working weeks:
Longer working days can cause fatigue
Can employees adjust to the working pattern?
Can the needs of the service be met and delivered to standard?
Will the working pattern allow for cover of sickness and holidays of colleagues?
Ensure health and safety is not compromised e.g:
what is the travelling time of the individual?
will this cause a possible risk of tiredness?
ensure work breaks are in line with the Working Time Regulations
4.3.1 Terms
The following terms will apply to any Compressed Working Week contracts issued:
Contracts to be reviewed annually
A risk assessment should be carried out to ensure the work is suitable for the
proposed pattern, for instance:
is the work heavy and demanding?
will this impact on the health, safety and welfare of employees and patients?
Implement an initial trial period, of a minimum 3 months, to monitor effectiveness
The pattern of hours/days to be agreed at the beginning of the period
12.5 hours maximum working day in any shift
No more than 6 hours to be worked without a break
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Rest breaks should comply with Working Time Regulations e.g. 12 hour break
following a 12 hour shift and no more than 3 x 12 hour shifts to be worked in any 72
hour period
Salary will be paid in 12 equal payments, irrespective of hours worked in any one
month
Holidays, including public holidays, will be calculated in hours and pro-rated to the
overall number of hours to be worked
Flexibility is required to attend training courses, meetings etc. where these may fall
outside the normal working hours
Any requests for working a compressed week should be referred to HR for discussion
and to ensure that an amended contract can be issued and the HR systems updated.
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4.4 Flexitime
Flexitime allows employees to vary how they actually work their contracted hours,
around core hours or minimum hours over a set period, in agreement with their
managers. This allows employees to work longer at certain times and shorter at others,
to meet the needs of the service and allow for meeting commitments outside of work,
e.g. dropping children off at school or attending meetings or appointments.
Flexitime splits the day into two parts:
Core time which would be between
10 a.m. and 12.00 p.m
2.00 p.m. and 3.30 p.m.
Flexible time which would be between
7.30 a.m. and 10 a.m.
3.30 p.m. and 6 p.m.
Other flexible time core band times can be agreed locally to suit the needs of the
service where required.
These times may be different for any part-time employees who are eligible to work flex-
time, based on the actual hours and pattern worked.
Some of the benefits to the individual include:
varying start and finish times to suit travel arrangements or commitments outside
work
building up a debit or credit of hours to be taken at other times or as additional time
off
working longer when work demands are high and less when lower
choosing to work at times when there are fewer interruptions
Some of the benefits to the organisation include:
can overcome some lateness issues
allows employees to use any credit hours to start work later when there is a need
rather than possibly taking a day off
allows for extended opening hours
allows for staffing levels to match peak and troughs in work levels
a reduction in the amount of overtime worked
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The following should be taken into account when considering implementing flexitime in
any area of work:
ideally the scheme should apply to all employees in the department, unless current
working patterns preclude any benefits to either a particular individual or
organisation
flex time will operate on a pro-rata basis for part time employees, to reflect the hours
and pattern worked.
essential working times should be covered with sufficient resources
the nature of the work should be suitable for employees to carry out their duties,
perhaps unsupervised, at times when there may be few or no other people around
and contacts outside the department may not be available by telephone
a robust time-recording system should be in place
late starts and early finishes should be carefully managed across the team to
prevent unfairness and favouritism
time off in lieu should be carefully managed – not everyone can leave at 3.30 p.m.
on a Friday or take Friday as time owing
time off in lieu should be taken within the period specified, or lost, and needs to be
managed within the department
if work loads don‟t justify extra hours being worked for a specific period then a
standard working day should be requested from employees
additional hours should be agreed in advance and should be based on work levels
within the department at the time – it is not the intention of the scheme to allow
employees to build up unnecessary additional hours to increase time away from
work
appropriate action should be taken with any employee abusing the system or
falsifying timesheets
4.4.1 Terms
Salary will be paid in 12 equal instalments, regardless of actual hours worked in any
particular month
Accurate hours recording should be maintained, rounded to the nearest 5 minutes.
A copy of a timesheet can be obtained from HR.
Timesheets should be completed over a 4 (four) week period and should be checked
by managers at least monthly
A minimum 30 minutes lunch break should be recorded, for all employees,
regardless of hours worked and irrespective of whether actually taken. Wherever
possible, however, employees should be encouraged to take at least this amount of
time away from their desk during the day
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The maximum lunch break allowed is 2 hours
Ordinarily lunch breaks should be taken between 12 p.m. and 2 p.m. Any
exceptions to this to be agreed with managers in advance
Employees working less than full time hours (37.5) can take advantage of flexitime,
pro-rated based on their normal hours of work. Core time may be individually
calculated to suit the needs of both the employee and the department
Credit or Debit hours will be calculated using a standard 7.5 hours working day (pro-
rated for part timers)
Credit hours can be taken as time off during the month as:
1 working day (7.5 hours or working day for those working less than full time)
0.5 working day (4 hours). Depending on the actual hours for those employees
working less than full-time this may not be practical
2 x half days
varying start and finish times or taking longer lunch breaks
No more than the equivalent of 1 working day‟s leave is allowed per month using
credit hours
Flex leave should be requested and authorised at least 1 week in advance and will
only be granted if business needs allow. Managers should verify the time requested.
Flex days should be recorded and authorized separately on the usual holiday sheets
in operation
Any requests for annual leave will take priority over requests for flex leave
A minimum 3 hours should be worked where a half days leave is requested:
No more than 10 credit hours can be carried forward from one month to the next.
Any hours in excess of this will be lost
No more than 8 debit hours can be carried forward from one month to the next
Debit hours cannot be carried forward indefinitely. Employees must aim to make
these hours up within 1 month of being accrued
Any accrued flex time should be taken prior to employees leaving the organisation
for any reason (including maternity leave). No payment will be made for any
outstanding flex leave not taken. A deduction will be made from final salary for any
debit hours outstanding at the time of leaving
Time should be deducted for any authorised breaks away from the workplace e.g.
tea breaks
Where appointments for doctor, dentist, hospital etc. cannot be made outside of
working hours the time away should not be deducted, however, wherever possible
the time should be made up – please refer to the Special Leave Policy
A standard working day should be recorded for study days, training courses or whole
day meetings etc.
If you are required to work away from your normal place of work a standard working
day should be recorded, irrespective of start and finish times because of travel
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If time off in lieu is given for any additional time worked outside the extended day of
7.30 a.m. to 6 p.m. this should be agreed separately with your manager and not
recorded on the flexitime form
Any requests for flexitime should be discussed with HR. HR would confirm any
amendments to terms and conditions in writing.
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4.5 Flexible Retirement
Flexible or Phased Retirement is a scheme whereby employees reaching retirement
age can vary or reduce their hours, without affecting their pension. This allows the
organisation to retain the skills and knowledge of experienced employees and allows
the employee to maintain their skills, whilst improving their work/life balance. There are
three choices available:
4.5.1 Winding Down
Employees can agree with their managers that they work fewer days or fewer hours,
whilst remaining in their current job. Although salary will be adjusted to reflect the
different working pattern pension is calculated on whole time equivalent salary and will
not therefore be reduced, however, pensionable service will be re-calculated on a pro-
rata basis.
4.5.2 Stepping Down
Employees can agree with their managers that they step down into a less demanding
job, on the grade and salary applicable to that lesser role. Any pension entitlement
accrued to the date of transfer would be frozen but kept up to date with any cost of living
increases awarded. A second pension would then be started for the lesser role. When
retiring the employee would receive both pensions added together.
4.5.3 Retiring and Returning
Employees who reach retirement age can agree with their managers that they will retire
as usual and return to work, either in a temporary capacity to relieve peak workloads or
busy times, or for an agreed term. Employees can receive the lump sum element of
their pension if desired and start to receive their monthly pension payments.
If an employee is under 60 any pension received, together with salary should not
exceed the pre-retirement pay. For employees over 60 any salary will not affect the
pension received. .
Any employee wishing to return to work beyond normal retirement date would be
subject to Occupational Health clearance that they are fit and able to perform the duties
required of them.
During the first month following retirement the Pension Scheme rules restrict the time
allowed to be worked during the first month to 16 hours per week.
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Before considering any of the above options an employee should attend one of the pre-
retirement workshops where this is available. These courses cover some of the issues
to take into consideration and the implications of continuing to work.
Employees should also contact the NHS Pensions Agency for pension forecasts and
the process to follow. The website www.nhspa.gov.uk has further information. A link to
this page is available from the HR page of the NHS North East Essex extranet.
HR should be advised of any discussions taking place concerning flexible retirement so
the appropriate contract and changes to terms and conditions can be issued.
4.5.4 Voluntary Early retirement
Employees who wish to retire early should provide at least 3 months‟ notice. Managers
should complete a Leavers Form which is found on the extranet; the reason for leaving
should be entered as „Voluntary Early Retirement‟
Before the request can be confirmed payroll have to confirm the pension amount and
ensure that this exceeds the GMP (Guaranteed Minimum Pension) element. This is a
statutory requirement. Where the proposed pension is below this figure the employee
will not be allowed to take voluntary early retirement. Payroll or the Pensions Agency
should be able to provide further details of the earliest possible date for retirement,
based on the individual‟s details.
Where the estimated pension exceeds the GMP the actual date of retirement can be
confirmed and the leaver processed in the usual way.
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4.6 Flexible Working Hours
Employees can agree with their managers that they vary the normal working hours to
suit their needs.
Employees will continue to work existing contracted hours and days in a different
manner, e.g. working from 8 a.m. to 4.30 p.m. or 9.30 a.m. to 6 p.m. on some days
instead of the standard 9 a.m. to 5.30 p.m or relevant shift pattern
This arrangement can be either on a temporary or permanent basis, depending on the
needs of the department and employee.
These changes may allow the department to extend the service they provide, whilst
providing an improved work/life balance for the employee(s) concerned.
4.6.1 Terms
Hours of work should be agreed with the manager in advance
The duration for the change should be agreed.
Any periods of less than 3 months can be agreed between the manager and
employee and confirmed in writing by the manager
Any periods of more than 3 months or a permanent change should be notified to HR
so the appropriate amendments can be made to the contract and HR systems
The needs of the service must continue to be met
Where the hours requested are outside the normal worked for the department a risk
assessment should be carried out to ensure there are no health & safety issues
Flexibility is required to attend training courses, meetings etc. where these may fall
outside the normal working hours
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4.7 Home Working
There may be occasions when employees may be required to work from home, either at
their own request or at the request of their manager.
This would normally be an arrangement for an agreed period of time or to meet a
particular need.
The following should be taken into account when considering this option:
Is the nature and type of work suitable for carrying out remotely?
Is any special equipment required that would be difficult to transport or use at home?
Will confidentiality be maintained where relevant?
Is the employee able to work alone without support available?
4.7.1 Terms
The home working should be agreed with the manager in advance
A standard working day or shift should be recorded on any timesheets
Any equipment required e.g. laptop computer, should be provided by the
organisation, wherever possible
If an employee uses their own equipment they are responsible for that equipment
and no claims for damage or repair will be met by the organisation in the event of
any problems arising from the home working
The employee should be contactable for the period of home working
The employee is responsible for ensuring they work in a safe environment
The employee is responsible for maintaining confidentiality and data protection of
any documentation or systems used whilst working at home
Flexibility is required to attend training courses, meetings etc. where these may fall
outside the normal working hours
If a need arises for a service to be provided from home on a permanent basis
discussions should be held with all affected employees, together with HR and Risk
Management. This would be a change to terms and conditions and a new contract
would have to be issued.
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4.8 Job Share
Job share is a form of part-time working between two employees who share one full-
time job and work to the same job description. It differs from part-time working as the
job-sharers agree to share accountability for the whole job, sharing holiday cover and
cover for other absence where practical and possible. It requires good communication
and team working between the two employees to ensure all aspects of the job are
carried out to the standards required.
4.8.1 Terms
Job sharing opportunities should be advertised in the normal way, even if a possible
„partner‟ has been identified for the post. The words “suitable for job sharing” should
be included in the advert
If a suitable job share partner cannot be found then the employee requesting this
form of flexible working should either remain in their current post or be considered
for part time working in the normal way, if this is appropriate
The actual hours worked by both parties should be agreed between themselves and
their manager but the total hours should not exceed one whole time equivalent. The
actual split in working hours should be such that if part of the job becomes a
vacancy this will be sufficient hours to attract a new „partner‟.
Each job share partner will receive an individual contract
Salary and terms and conditions will be pro-rata to the actual hours worked and level
of experience. It is possible that the two employees may be on different rates of
pay, based on previous experience or service etc.
Holiday entitlement will be calculated in hours and pro-rata to the actual hours
worked
Some form of hand-over period should be incorporated into the working
arrangement
Statutory holidays should be shared between the two (or more) job holders, pro-rata
to the actual hours worked. Where statutory holidays always fall within one
particular job sharers working week this may involve a variation to the normal
working hours to allow statutory holidays to be shared equally
Cover for holidays should be agreed between the two employees.
Wherever possible extra hours should be worked to cover for absence, where this is
practical. The manager should agree with the employee whether extra hours
worked should be paid or time off in lieu given
If one job share partner wishes to end the arrangement the remaining partner should
be offered the additional hours prior to the post being advertised. If a new partner
cannot be found the existing job holder will revert to normal part time working, if
appropriate, or redeployment considered.
Flexibility from both employees is required to attend training courses, meetings etc.
where these may fall outside their normal working hours
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4.9 Part Time Working
Part time working is where an employee is contracted to work fewer than the normal full
time hours, currently 37.5 hours per week.
Part time working should be available at all levels and in all areas of the PCT,
regardless of length of service.
The following should be taken into account when considering any requests for part time
working:
Can the needs of the service be met and delivered to standard?
Will the working pattern allow for cover of sickness and holidays of colleagues?
How will the remainder of the hours be covered?
Does the proposed working pattern fit in with the rest of the team?
Can the job duties be performed in the proposed hours?
4.9.1 Terms
The actual hours and pattern of work should be agreed at the beginning of the
contract
Salary and benefits will be pro-rata to the hours worked
Holiday entitlement, including public holidays, will be calculated in hours, pro-rata to
the hours worked and re-calculated for the relevant holiday year where appropriate
Any necessary hand over periods should be incorporated into the working pattern
Additional hours must be agreed in advance
Additional hours worked up to 37.5 per week will be paid at normal hourly rate
Additional hours worked over 37.5 per week will be paid at the appropriate rate or
given as time off in lieu, as agreed with the manager prior to the hours being worked
Opportunities for development, promotion and participation in team events should be
available as for full time employees
Flexibility is required to attend training courses, meetings etc. where these may fall
outside the normal working hours
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4.10 Reduced or Extended Working Hours
There may be a need to either extend or reduce working hours, either on a temporary
basis or permanently.
Managers can agree an increase or decrease in working hours for a specified time
period to cover a particular need, either of the employee or the department.
Temporary arrangements should normally be for a period of between 1 and 6 months,
with an overall maximum of 12 months, at the end of which the employee should return
to their normal hours and pattern of work.
Hours should not normally be extended beyond the current full time hours of 37.5 per
week. Any increases in hours should comply with the Working Time Directive (policy
available on the extranet).
4.10.1 Terms
The pattern and hours of working should be agreed between the manager and
employee at the beginning of the period e.g. work a shorter day; take a half day off a
week; take off regular short blocks of time
Holiday entitlement should be re-worked for the duration of the change
Where hours are extended, rest breaks should comply with the Working Time
Regulations
Salary and any pay-related benefits will be adjusted to reflect the change
The needs of the service should continue to be met
Where hours are extended and are outside the normal worked for the department a
risk assessment should be carried out to ensure there are no health & safety issues
Flexibility is required to attend training courses, meetings etc. where these may fall
outside the normal working hours
If required, the hours can be made up within the department by rescheduling the
work amongst colleagues; offering additional hours to another employee or offering
a secondment or development opportunity to an employee
All changes should be notified to HR to enable changes to terms and conditions to be
confirmed and a new contract issued.
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4.11 Self Rostering
Self Rostering is a means of the team agreeing the staffing levels and skill mix required
at any time of day or for a particular shift. The scheme works best with large teams and
is suitable for round-the-clock shift patterns. This allows the employees to schedule the
working day to meet their commitments and responsibilities, whilst fulfilling the needs of
the service
The following should be taken into account when considering any requests for the
introduction of self rostering:
Can the needs of the service be met and delivered to standard?
Will there be any detrimental effect on the quality of care delivered?
Will it assist with any retention issues?
Will it reduce the levels of absence?
Will it reduce the need for bank and agency staff?
Will it be implemented fairly and consistently?
Is there sufficient skill mix within the existing team to enable self rostering to work?
The benefits of this team based approach include:
A greater feeling of control and buy-in from the employees concerned
Develops team spirit and encourages more commitment from the team
Patterns of work to meet individual needs at particular times
Ability to link start and finish times to personal needs
Less pressure on the manager to allocate shifts
Can diffuse conflict and tensions over shift allocation
Can improve recruitment and retention
Allows for better skill mix and staffing levels to meet delivery of care
Different ways of working which may extend the opening hours of a service
4.11.1 Terms
Minimum and Maximum staffing levels should be agreed for each hour of the day
Skill and band/seniority mix should be agreed and maintained to ensure safe
practices
Staff put forward the times they would like to work and times they would like to be
away from work
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The information is then compiled into shift patterns that match individual preferences
as closely as possible whilst maintaining agreed levels of cover
Time limits should be agreed to staff to advise of their preferences
Not all preferences are guaranteed to be incorporated
As an alternative the manager can publish the shifts and numbers required and staff
can offer their availability
Where there are too few or too many people requesting the same time the team
should negotiate amongst themselves to provide the necessary cover, alternatively
the manager could redistribute the hours fairly to meet the demands and needs of
the service
The needs of the service should continue to be met
Hours should be recorded on relevant time sheets
Limits should be agreed for time owing/owed for each member of the team
Time should be allowed for handovers
The system should be fair to all relevant employees
Limits should be set for how much time owed or owing to staff can be accrued and
should be published
A minimum trial period of 3 months should be worked to provide time for staff to
adjust and for all to assess the benefits
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4.12 Secondment
Secondments provide opportunities for development and may cover for short-term
staffing needs.
Secondment opportunities are advertised in the same way as vacancies and individuals
can apply in the normal way.
4.12.1 Terms
The actual terms of the secondment should be agreed in advance
The terms of the secondment should be confirmed in writing, including the duration,
duties and terms and conditions to apply
The individual should return to their original post at the end of the secondment,
unless an alternative has been agreed with all parties concerned
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4.13 Term Time Working
Term time working is a working pattern that can accommodate employees who have a
need to care for children.
Annual leave is only permitted during school holidays and individuals work 38 or 39
weeks of the year. There is scope for employees to work more or less than this if
required.
4.13.1 Terms
Contracts to be reviewed annually
The actual hours and pattern of work should be agreed at the beginning of the
contract
Salary and benefits will be pro-rata to the hours worked and based on the average
weekly hours calculated as in the example below
Salary is paid in 12 monthly instalments
Holiday pay is incorporated into the monthly salary
Holiday entitlement, including public holidays, will be calculated in hours, pro-rata to
the hours worked and re-calculated for the relevant holiday year where appropriate
Actual dates of working will be agreed at the beginning of each school year
(September)
Any additional time off required during term time will be unpaid leave and should be
kept to a minimum
“Non-pupil” days will be considered to be a normal working day and the employee
should report for duty, unless the manager has agreed in advance that this will be an
unpaid days leave
When an employee attains 5 or 10 years service and qualifies for additional holiday
the entitlement should be re-calculated. A change form should be completed to
notify payroll of the amendment so the correct salary will be paid.
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The formula for working out annual salary and holiday entitlement is as follows:
Actual no. weeks per annum used 52.143
by payroll to allow for leap years
Hours of Work (per week) 20
Term Time weeks per year 39
Total NHS Service 2 years
Full Time A/L entitlement (weeks) 27 days / 5 days = 5.4 weeks
Pro rata A/L weeks‟ entitlement to 52.143 weeks – 5.4 weeks = 46.74
payroll year weeks
Pro rata A/L Entitlement (weeks) 5.4 weeks / 46.74 weeks x 39 (term time
weeks) = 4.51 weeks
Weeks paid for in year 39 + 4.51 = 43.51
Total hours paid for in year 43.51 x 20 = 870
Average weekly hours paid for 870 / 52.143 = 16.69
Pro-rata term time salary: £full time sal x weekly hours (20) / 37.5
= £pro rata for full year
£pro-rata x 43.51 / 52.143 = £term time
annual salary
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5 Policy
This policy is designed to put in place a fair and consistent process for considering
requests for flexible working and applies to all employees, irrespective of service or
parental responsibilities.
As part of its commitment to the principles of flexible working, and Improving Working
Lives, by facilitating arrangements to enable employees to balance work and home life
NHS North East Essex will make every effort to accommodate requests from its
employees for a change in their current working pattern.
This commitment applies to all employees and whilst NHS North East Essex cannot
provide an automatic, guaranteed, entitlement to a change in working patterns, where
requested this policy will ensure requests receive fair treatment and consideration.
All cases will be considered on their individual merits, taking into account service needs,
workload fluctuations and patterns and the needs of the department as a whole. Where
several requests are received it may not be possible to grant and implement all
preferred working arrangements, however, NHS North East Essex will aim to meet
requests where it is feasible to do so, taking into account all relevant factors.
Any changes in working patterns implemented as a result of this policy would be a
permanent change to terms and conditions and will be confirmed in writing, although it
is possible to implement changes on a trial basis to assess their effectiveness, prior to
confirming as permanent.
There is no statutory right for a return to previous working arrangements if
circumstances change. As a general rule no further requests for changes to differing
working patterns would be considered for 12 months, unless the change is having a
detrimental affect on the service or well being of the employee and is mutually agreed
between the manager, HR and the employee.
This policy does not replace any previous flexible working arrangements agreed with
your manager, however, if this has never been confirmed in writing you should notify HR
of the arrangement so this can be formalised and amendments made to your terms and
conditions of employment, where appropriate.
This policy does not apply for any ad-hoc arrangements agreed from time to time, e.g.
leaving early one day and making the time up another day or working differently to
cover sickness absence or holidays of colleagues.
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5.1 Applications for Flexible Working
Employees, when making an application for flexible working, must indicate whether the
application is made as a statutory right under the legal framework (refer to section 3), or
under the terms of this policy.
The process is the same, however, if the application is made under the right provided in
law the criteria set out in Section 3 must be met before any request can be considered.
All requests should be made in writing to managers using the Request to Change
Working Pattern Form in Section 8.1, copied to HR and should detail:
The change requested
The proposed date for the change
The effect of the change on the department and service and how these may be
considered or implemented
Any previous requests made
NHS North East Essex will consider all requests for flexible working and managers will
decide if the request can be met, taking into account the following:
Any additional costs
Effect on service and colleagues
Working patterns and numbers within the area of work affected
Future plans, where known, for the area of work
Employees can withdraw their application at any time during the process and should
confirm this in writing to the manager.
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5.2 Timeframes
Any requests for flexible working must be considered within the following timeframes:
Within 28 (twenty eight) days of receiving the application a manager must meet with
the employee to discuss the request
Within 14 (fourteen) days of this meeting the manager should confirm the decision,
in writing, to the employee using the Request to Change Working Pattern Form
If the proposal is declined there is a right of appeal and this should be submitted
within 10 (ten) working days of the decision being communicated in writing (refer to
section 6.3 – Appeals)
If a change in working pattern is approved no further requests for changes to a
different working pattern would be considered for 12 months following this change
(refer to section 4 – Policy)
Any extensions to the above timeframes must be mutually agreed between the
manager and employee and confirmed in writing
5.3 Decisions
Decisions must be confirmed to the employee in writing. An outline letter is contained in
Section 8.2.
5.3.1 Requests Accepted
If, after discussion, the proposals are accepted the manager should advise HR using
the Employment Change Form which can be found on the extranet, so amendments
can be made to the terms and conditions of employment for the employee. A copy of
the letter given to the employee should be attached to the Employment Change Form.
The form should detail:
The effective date of change
The flexible working pattern agreed
The changes to terms and conditions of employment
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5.3.2 Requests Declined
If, after discussion, the proposals are declined the manager should set out in writing the
reasons for decline, based on one, or more, of the following reasons:
Burden of additional costs
the proposal will result in additional costs to recruitment going forward
there are additional costs to setting up the arrangement
there are equipment or „running‟ costs needed to support the proposal e.g.
remote access to PC‟s, extra security, accessibility to the workplace
any increased costs are sufficiently high to make it impractical to implement the
proposal
Detrimental effect on ability to meet service demands
no cover is available from within the team for resolving queries or issues when
the employee is not at work
support for colleagues or any direct reports is not available if the employee is not
at work
Inability to reorganise work amongst existing staff
resources are not sufficient to absorb any changes to work without impacting on
quality or service
other flexible working arrangements within the team will result in insufficient
cover at key times
Inability to recruit additional staff
budgets and resource levels preclude recruiting additional staff to fill any gaps
left by the proposal
suitably skilled staff may be in short supply
Detrimental impact on quality of service
the proposed work pattern would leave some gaps in service delivery
Detrimental impact on performance
there may be a negative impact on morale within the team resulting in
performance issues
the proposal may result in inconsistencies in management styles and approaches
support and training may be lessened, resulting in possible performance issues
Insufficient work during the hours the employee proposes to work
the proposed working hours may be outside of opening hours for the department
resulting in few jobs or tasks that can be completed at these times
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the job may require other key people to be present e.g. suppliers, specialists,
other colleagues and these may not be accessible during the proposed working
hours
Planned structural changes
There may be plans or changes being considered that would impact on the
proposed change and make it unworkable going forward
The letter should contain details of the Appeals Process. An example letter is contained
in section 8.3.
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6 Roles and Responsibilities
6.1 Employees
Employees have a responsibility to:
Familiarise themselves with this policy
Make applications for flexible working using the processes and forms outlined in this
policy.
Ensure the impact and effects of any requests have been considered and included
as part of any applications made, both to yourself and the organisation as a whole
Adhere to the timeframes laid down
Be prepared to compromise and adapt to make the desired change work to the
advantage and in the best interests of themselves and the department
Accurately record any working time where required
Manage their time effectively without detriment to the service provided
6.2 Managers
Managers have a responsibility to:
Familiarise themselves with this policy
Adhere to the timeframes laid down
Ensure HR receive a copy of all requests and decisions made
Consider all requests in an unbiased, fair and consistent manner
Balance the needs of the service with the needs of individuals
Complete the necessary paperwork
6.3 Human Resources
HR have a responsibility to:
Monitor the policy to ensure effectiveness and consistency of application
Provide advice and guidance to managers and staff in the interpretation of this policy
Communicate any changes to terms and conditions of employment as a result of this
policy
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7 Process
Employee submits Application for Change
of Working Pattern Form
Manager and employee meet to
discuss application
Within 28 days of receipt
Manager advises of outcome and
rationale for decision
Within 14 days of meeting
Application Successful Application Unsuccessful
Details finalised, Employee decides
effective date agreed whether or not to appeal
Details confirmed in Appeal submitted
writing to employee Within 10 working days
of written decision
Change Form Appeal hearing held
completed and details Within 10 working
sent to HR days
Changes to terms & Appeal decision notified in
conditions confirmed writing
in writing
Within 10 working days
Appeal Successful Appeal Unsuccessful
Changes to terms &
End of process
conditions confirmed in
writing
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7.1 Process for Employees
You should complete the Application for Change of Working Pattern Form in Section 8.1
and forward this to your manager.
The following are guidelines to assist you with this process and completing the form:
Consider the implications of your proposal to your personal circumstances, salary,
holidays, pension etc.
Set out your proposals clearly and objectively
Consider the impact on your colleagues
Consider the impact on the service provided by your work area
Can your job be efficiently carried out within the new working pattern?
Consider there any health & safety implications from the proposal?
Set out the benefits and any drawbacks to your proposal
Do you require any training or support to make the proposal work
Be prepared to discuss the issue objectively and consider alternatives if necessary
Consider a trial period to allow time for you to adjust to the new way of working and
the impact of the change to be monitored
Don‟t be afraid to speak up if the new arrangement is not working as you had hoped
Your manager will arrange a meeting to discuss the issue within 28 days of receipt of
the form. You have a right to be accompanied at the meeting by a Union
Representative, colleague or friend employed by the PCT.
7.2 Process for Managers
When an Application for Change of Working Pattern Form is received:
Forward a copy to HR for discussion and monitoring purposes
Arrange a meeting (within 28 days of receipt) with the employee to discuss the
proposal
The employee has a right to be accompanied at the meeting by a Union
Representative, colleague or friend employed by the PCT.
At the meeting discuss:
how the proposal may be implemented
the impact on the job itself, is there a need to work closely with other jobs to
achieve the duties
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the impact on the service
the impact on colleagues and department
the personal impacts on the employee themselves
what support is available, either at work or home to make the change successful
any changes to responsibilities as a result of the change
the need to be flexible for attending team meetings, training events, providing
cover for absence or holidays etc. at times that may be outside the revised
hours/days of work
any alternatives to the proposal
any health and safety implications e.g. working alone or extended hours
the need to be a team player, good communicator and well organised to ensure
success and efficiency within the department and prevent problems with
handovers etc.
the decision process and timeframes for when the employee might hear the
outcome
the Appeals Process available should the request be declined
The following are guidelines to assist you in making a decision:
Be objective, fair and unbiased when considering all the facts and implications of
implementing the change
Work out the cost implications of implementing the proposals
Consider the suitability of the job to flexible working:
will the knowledge and skill level remain the same as like-jobs?
how stand-alone is the job? what dependencies are there?
can planning and decision making still be done within the proposed working
pattern?
Consider the impact on colleagues, the department and the service:
what cover is available if the job-holder is on holiday or absent from work?
will the proposed hours/days fit with the rest of the department?
will the proposed change cause undue pressure on the rest of the department
and service?
Consider the impact on the employee themselves:
is there the necessary support available at home should the employee be
required to attend meetings etc. outside of the proposed pattern?
are they committed to making the proposal work and understand the wider
implications of the proposal?
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All of the above should be carefully considered when arriving at your decision. If the
decision is to:
accept the proposal:
use the letter in section 8.2 to advise the employee
a copy of the Request to Change Working Pattern Form should be provided to
HR, together with the letter to the individual, for the file and an Employment
Change Form completed so the changes can be implemented.
decline the proposal:
this must be for one of the reasons outlined in Section 4.3.2
the rationale must be provided to the employee concerned, again using the letter
set out in Section 8.3
a copy of the Request to Change Working Pattern Form should be provided to
HR for the personal file, together with a copy of the letter to the individual
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7.3 Appeals Process
All employees have a right of appeal if the proposal is declined.
Appeals should be in writing and the following process should be followed:
The appeal should be submitted to the next appropriate manager, with a copy to HR,
within 10 (ten) working days of the decision being communicated in writing
The grounds for the appeal must be clearly stated and copies of the original Request
to Change Working Pattern Form, the letter outlining the reasons for declining the
request, and any additional supporting information should be included
The appeal hearing should be held within 10 (ten) working days of receipt of the
appeal
The appeal hearing will be chaired by the relevant manager, together with HR
The appeal outcome should be communicated in writing within 10 (ten) working days
of the hearing and set out the reasons for the decision to uphold or dismiss the
appeal
All decisions are final and the matter will then be regarded as closed
All employees have the right to be accompanied by a Union Representative,
colleague or friend employed by the PCT
Any outstanding issues regarding flexible working can be raised, if appropriate,
using the Grievance Procedure as set out on the NHSNEE Extranet.
If an application for flexible working has been made as a statutory right the right of
appeal can be made to an employment tribunal if the PCT has:
Failed to follow correct procedures
Rejected the request on grounds not outlined in this policy
Based their decision on incorrect facts
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8 FORMS
8.1 Request to Change Working Pattern Form
8.2 Letter to Employee confirming Acceptance
8.3 Letter to Employee Declining Request
8.4 Appeal Form
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FLEXIBLE WORKING
REQUEST TO CHANGE WORKING PATTERN FORM
Section 1: Personal details
Trust Payroll Paypoint Personal Number
Staff No:
Full Name:
Job Title
Department Location
Note: Please note that this change to your working pattern is 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.
___________________________________________________________________
Section 2 Working Pattern
Outline the hours and days currently worked per week:
Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Hours
Please tick your requested work pattern:
Annualised Career Compressed
Hours Break Hours
Extended Flexitime Flexible
Hours Hours
Flexible Home Job Share
Retirement Working
Part Time Reduced Self
Hours Rostering
Term Time
Outline the hours and days requested per week:
Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Hours
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Rationale
Describe how you will maintain your level of contribution in this role if you change to the
requested working pattern.
Impact of the new working pattern on yourself, colleagues and Department, including
possible problems and how to overcome them
Effective date for new working arrangements: ………………………………………..
Details of any previous requests under this Policy:
Change Requested:
Date of Request
Signed: ………………………………………………. Date: …………………………...
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Section 3: Management Decision
Manager
Name:
Job Title
Location
Date Form Date Meeting arranged
Received to discuss request*
*(to be no later than 28 days following receipt)
Outcome of Approved YES / Declined** YES /
the Request NO NO
**The Right of Appeal has been explained to the employee
Rationale for the decision:
Date employee advised of decision: ……………………………………..
(to be no later than 14 days of meeting)
Signed: ………………………………………………. Date: …………………………...
Letter sent to employee (date) …………………………………………..
One copy of the form to be sent to the employee with the letter
One copy of this form to be retained
One copy sent to HR with the completed Change of Employment Form
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8.2 Letter to Employee confirming Change of Working Pattern
Dear
Request to Change Working Pattern
Further to our meeting on xxxxxxxx to discuss your request to Change your Working
Pattern I am writing to confirm that NHS North East Essex will be able to accommodate
your request. Your new working pattern will be:
Type of Pattern e.g. Annualised Hours, Job Share
Days to be Worked:
Hours to be Worked:
Effective date of
Change:
OPTIONAL PARAGRAPHS
This change is for an initial period of xxxxxxx to enable the necessary adjustments to be
made, both by yourself and NHS North East Essex. A review will be carried out on
xxxxx to discuss the change and agree any further changes that may be required,
before confirming this change as permanent.
OR
This change will be a permanent change to your Terms & Conditions of Employment
and you have no right in law to revert back to your previous working pattern. HR will
write to you in due course will full details of your individual contract changes.
I am pleased we have been able to accommodate your request. I enclose a copy of the
completed Request to Change Working Pattern Form for you to retain. If you have any
queries or questions at all once the new pattern has commenced please do not hesitate
to contact me.
The HR Department has been advised of this change and will write to you in due course
to formally confirm the individual changes to your terms and conditions that may affect
you.
Yours sincerely
Manager
c.c. HR
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8.3 Letter to Employee Declining the Request to Change Working Pattern
Dear
Request to Change Working Pattern
Further to our meeting on xxxxxxxx to discuss your request to Change your Working
Pattern I am writing to confirm that NHS North East Essex will be unable to
accommodate your request. The reasons for declining this request are set out below
(refer to section 4.3.2 of the policy for guidance):
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Appeal against the Decision
You have the right of Appeal against this decision. You should provide details of the
grounds for your appeal using the Appeal Form in Section 8.4 to xxxx (next appropriate
line manager) within 10 (ten) working days of the date of this letter.
Please enclose:
A copy of the original Request to Change Working Pattern Form
A copy of this letter
Any additional supporting information
A copy should be sent to HR
A meeting will be arranged to hear your appeal within 10 (ten) working days of receipt
and the decision will be communicated to you within 10 (ten) days of that hearing. The
decision of this Appeal Hearing will be final and the matter will then be regarded as
closed.
You have the right to be accompanied at the Appeal Hearing by a Union Representative
or a colleague. Section 6.3 of the Flexible Working Policy provides full details.
If you have any queries or questions concerning this decision please do not hesitate to
contact me.
Yours sincerely
Manager
c.c. HR
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FLEXIBLE WORKING
APPEAL FORM
Employee Name
Full Name:
Job Title
Department Location
Name of Manager to hear the Appeal
Manager
Name:
Job Title
Location
The grounds for my appeal are as follows:
I wish to appeal against the decision to decline my flexible working application. I attach
a copy of the completed Request to Change Working Pattern Form and the letter
confirming the decision.
Signed: …………………………………………….. Date: ………………………
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9 Frequently Asked Questions
Q1 Can anyone request to change their working patterns or is it restricted to
certain types of job?
This policy is available to all employees employed by NHS North East Essex.
Q2 What will happen if my manager receives several requests to change
working patterns at the same time?
If a Manager were to receive several requests at the same they have a
responsibility to ensure that all requests are given the same fair treatment and
consideration. If such a situation were to arise, it may not be possible for all
requests to be granted, particularly if they are all requesting the same change.
Q3 If a Manager receives two similar requests can they approve one and
decline the other?
Yes, they can provided that the reason for declining one of the requests is based
on justifiable reasons as outlined in section 4.3.2 of this policy.
Q4 Do I have to give a reason why I want to change my working pattern?
You do not have to provide a reason why you wish to change your working
pattern. The form in section 8.1 requires you to provide details of how your job
can be performed in the new working pattern and what impact the change will
have on yourself, your colleagues and your department.
Q5 What will happen if I encounter difficulties in the changed working pattern?
If a trial period was not put in place to enable you, and your manager, to assess
the actual impact of the change you should discuss any difficulties you may be
experiencing with your manager so these can be addressed at the earliest
opportunity. Any change agreed under this policy is a permanent change to your
terms and conditions of employment and the process allows for the possible
implications to be considered and discussed, prior to agreeing the change so it
may not be possible to revert back to your original working pattern.
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Q6 If I reduce my hours will this have an effect on any promotion or
development opportunities?
NHS North East Essex is committed to the promotion of equal opportunities for
all employees and any change in hours worked should not impact on promotion
or development opportunities. However, you may have to make arrangements to
attend some training activities in hours you may not normally work. In these
cases, you should agree with your manager the best solution to accommodate
this.
Q7 If I request a particular working pattern and this is not possible can an
alternative be considered or would I have to re-apply?
At the meeting to discuss your request your manager should consider all options
and if, for instance, your request was to work 3 days a week but this would not be
practical, due to the current working patterns of existing staff, but 4 days a week
may be an option this should be explored at the meeting.
Q8 Can I work for a different organisation on the days I do not work for NHS
North East Essex?
You should make your manager aware if you have another job. Any alternative
employment should not preclude you being flexible to attend meetings or training
events on days or in hours you do not normally work. You should also consider
any other implications of alternative work such as your work/life balance and the
total hours worked and ensure this does not contravene the working time
directive.
Q9 What will happen to my pay and benefits if I change my working pattern?
Depending on the actual change in your working pattern your salary, holiday
entitlement and other benefits will be changed to reflect the amended working
pattern and/or hours of work. HR will confirm these actual changes to your
contract of employment in writing.
Q10 If I reduce my hours will this affect my pension?
Your contributions to the pension scheme are a percentage of your annual salary
so these will reduce. Your actual pension benefits will be pro-rated, based on the
total full-time equivalent of your pensionable service at the date you retire. The
pensions agency can provide more detailed information and can be contacted at
www.nhspa.gov.uk.
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Q11 I currently work flexibly on a regular basis but my terms and conditions
have never been amended – should I now formally apply to change my
working pattern using this policy?
Any existing arrangements in place can continue. However, it would be in both
your own and the organisation‟s interests to have the terms and conditions
formally recorded or amended where necessary. You should contact HR to
discuss so they can advise you whether or not you require an amended contract.
Q12 I work flexibly on an ad-hoc basis to suit the department’s needs. Can this
continue?
This arrangement can continue, if it is agreed with your manager. HR do not
need to be advised of any such arrangements.
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HUMAN RESOURCES POLICIES & PROCEDURES – Flexible Working Policy
10 Document Information
Author: Human Resources – NHS North East Essex
Contacts: Jill Knight 01206 286821
Assistant Director
Nancy Borley Primary Care 01206 286938
HR Manager Centre
Turner Road
Lucy Sharp Colchester 01206 286937
HR Manager Essex CO4 5JR
Vicky Collins 01206 286946
HR Manager
Version: 2
Date Approved: August 2009
Review Date: October 2010
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