Flexible Working Policy (Incorporating Career Breaks)

Flexible Working Policy / Version 3 Ratified by Workforce Committee Date of Ratification: May 2014 Date of Review: May 2017 Flexible Working Policy (...
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Flexible Working Policy / Version 3 Ratified by Workforce Committee Date of Ratification: May 2014 Date of Review: May 2017

Flexible Working Policy (Incorporating Career Breaks) ID Author Author’s Job Title Division Department Version number Ratifying Committee Ratified Date Review Date Manager responsible for review Manager Job Title Source of Evidence (if applicable) Level of Evidence indicated

HR066 Caroline Lankshear HR Manager Corporate Human Resources 3 Workforce Committee May 2014 May 2017 Laura Bevan Senior HR Manager N/A N/A

Referenced (Yes/No) Key Words (to aid searching)

Yes Flexible, working, term time, annualised, career breaks All staff

User Group

The Trust is committed to promoting an environment that values diversity. All staff are responsible for ensuring that all patients and their carers are treated equally and fairly and not discriminated against on the grounds of race, sex, disability, religion, age, sexual orientation or any other unjustifiable reason in the application of this policy, and recognising the need to work in partnership with and seek guidance from other agencies and services to ensure that special needs are met.

Contents Page 1. Change History

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2. Introduction

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3. Scope of Policy

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4. Equality & Diversity Statement

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5. Manager Responsibilities

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6. Employee Responsibilities

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7. The Right to Request Flexible Working

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8. Flexible Working Options 8.1 Part time 8.2 Term time only working 8.3 Annualised hours 8.4 V-Time (Voluntary Reduction of Hours) 8.5 Flexitime 8.6 Compressed Hours 8.7 Home Working 8.8 Job Share 8.9 Extended Period of Unpaid Leave

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9. How to Apply for Flexible Working

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10. Appeal Against a Flexible Working Application Outcome

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11. Career Breaks 11.1 Eligibility applying To Career Breaks 11.2 Applying for a Career Break 11.3 Confirming the Outcome 11.4 Extending or Reducing the Career Break 11.5 Terms and Conditions of a Career Break 11.6 Keeping in Touch 11.7 Return to Work

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12. Further Information

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13. Process For Monitoring Compliance & Effectiveness Of The Policy

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14. Review of this Policy

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Appendices: Appendix 1 - Application form for flexible working

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Appendix 2 - Flexible working outcome

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Appendix 3 – Application Form for Career Break

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Appendix 4 – Career Break Request Outcome

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FLEXIBLE WORKING POLICY 1.

CHANGE HISTORY

Version

Date

Author

Reason

Version 1

October 2008

New policy

Version 2

November 2010

Out of date policy

Yes

Version 3

April 2014

Caroline Lankshear & Annette Behagg Caroline Lankshear & Annette Behagg Caroline Lankshear

Ratification Required Yes

Out of date policy and incorporating Career Break policy into one

Yes

2.

INTRODUCTION

The Trust is committed to introducing and supporting initiatives that make a difference to the work-life balance of its employees. The Trust recognises that in order to recruit and retain high quality staff, it needs to take a flexible approach, by applying modern employment practices, that recognise that employees need to strike a balance between their home and work life. The Trust has a responsibility to deliver healthcare 24 hours a day, 365 days a year. Wards and departments need to be staffed to acceptable levels at all times and employees need to be flexible to respond to service needs. There is however scope for employees to be able to work flexibly to take into account their personal circumstances and commitments throughout their employment. Employees may request a career break for a number of reasons. These may include caring responsibilities study leave, training, work abroad, voluntary work or travelling. Employees benefit from being able to take a career break as it enables them to balance their working life with their personal circumstances. A career break offers employees the facility to take an extended break from the workplace without the need for resigning and then seeking employment at a later date. It may be used for example to respond to a family crisis or to help facilitate study or voluntary work which provide fulfilment.

3.

SCOPE OF POLICY

This policy and procedure applies to all Trust employees. 4.

EQUALITY & DIVERSITY STATEMENT

It is the policy of the West Hertfordshire Hospitals NHS Trust to provide a Flexible Working Policy that ensures appropriate and equitable responses to requests for flexible working and career breaks in an efficient and fair manner. This document takes into account current employment legislation and must be implemented in conjunction with the Trust’s Equalities Framework, Equality & Human Rights Policy and equality and diversity legislation: Equality Act 2010 Rehabilitation of Offenders Act 1974 Employment Rights Act 1996 Equal Pay Act 1970 (as amended) Human Rights Act 1998 Page 3 of 15

Part-time Workers Directive 1999 Employment Act 2002 Children & Families Act 2014 EU Directives and Legislation Managers have a particular responsibility to ensure their management practices do not discriminate in the provision of their service or in the employment of staff. The Trust monitors and publishes information on the profile of its workforce based on age, disability, ethnicity, gender and marital status and appropriate actions will be taken by the Equality & Diversity Group to identify and address any problems. 5.

MANAGER RESPONSIBILITIES To ensure that employees are aware of the Flexible Working Policy To notify and seek support from the Human Resources Department when an employee applies for flexible working or a career break To deal with flexible working requests in a timely way as the law requires the consideration process to be completed within 3 months of first receiving the request, including any appeal To monitor and review the effect of flexible working on the service To hold regular review meetings with employees who have flexible working arrangements on an annual basis To treat all applications for flexible working from employees fairly, sensitively and ensure that any personal information, including medical diagnosis, is kept in complete confidence To submit the relevant paperwork to Human Resources

6.

EMPLOYEE RESPONSIBILITIES To complete the appropriate application for making a flexible working request To comply with the Flexible Working Policy To attend regular reviews with the manager on an annual basis and keep them informed of any change in circumstances To demonstrate flexibility in order to be able to attend mandatory training

7.

THE RIGHT TO REQUEST FLEXIBLE WORKING

All employees have a statutory right to request flexible working provided they have 26 weeks continuous service at the date the application is made. An employee can only make one request in a 12 month period.

8.

FLEXIBLE WORKING OPTIONS

Below are the various flexible working options available to employees. Unless stated, these options will mean a permanent change to the contract of employment. 8.1

Part Time

Patterns of working part time hours vary and may include mornings, afternoons, evenings and weekends.

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Part time employees receive pro-rata benefits such as salary, annual leave and bank holidays and are eligible to join the NHS Pension Scheme. 8.2

Term Time Only Working

Term time only working will be available where it can be demonstrated that there will not be a significantly adverse effect on the department. There is a limit to the number of posts that can be accommodated on term time only contracts. Term time only working allows employees with very young or school age children up to the age of 16 to be away from work during the school holidays. Basic salary will be payable in twelve equal monthly instalments. Annual leave and bank holidays will be built into the contracted hours of pay and paid as part of the salary. Employees on term time only contracts will have arrangements reviewed on an annual basis. 8.3

Annualised Hours

Annualised hours will only be available where it can be demonstrated that there will not be a significantly adverse effect on the department. There is a limit to the number of posts that can be accommodated on annualised hours. Annualised hours will be worked flexibly and according to the needs of the service. This may include working unsocial hours, weekends and bank holidays for which enhancements will be paid. Basic salary will be payable in twelve equal monthly instalments with any enhancements payable one month in arrears. This will be paid regardless of the actual hours worked. Annual leave and bank holidays will be built into the contracted hours of pay and paid as part of the salary. 8.4

V-Time (Voluntary Reduction of Hours)

V-time is where an employee reduces their contractual hours for a short period of time and then has a guarantee to return to their previously contracted hours. It is used to accommodate a particular period of time where more flexibility is required for non-work related activities. This could include assistance with short term domestic problems or assisting with dedicating time to study. Pay and conditions are changed accordingly during the period of reduced hours. 8.5

Flexitime

Flexitime allows employees to work their contractual hours in a flexible way. It allows employees to vary their start and finish times around core hours with the agreement of their line manager. Contractual hours must be completed each month. 8.6

Compressed Hours

Compressed hours are when contractual hours are worked in a shorter period than would be considered standard i.e. full time hours worked over 4.5 days a week or a 9 day fortnight rather than the standard 5 day week or 10 day fortnight. Any compressed hours arrangement must be compliant with the Working Time Directive and with agreement from the line manager.

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8.7

Home Working

Homeworking is when employees do their job from home, either occasionally or as a permanent working arrangement. It requires a working relationship that is based on trust and encourages employees to manage their own work. The ability to work from home unless contractually agreed should not be permitted as a regular occurrence. The decision to allow employees to work from home must not adversely affect office/nursing cover or the workloads and stress levels of other team members e.g. increased workload, volume of telephone calls and queries. If a request to work at home is granted, the employee must be contactable at all times during normal working hours. For further information, please refer to the Home Working Guidelines on the intranet: http://wghintra01/human_resources/Docs/Home%20Working%20Guidelines1.doc 8.8

Job Share

Job share as opposed to part time working is a contractual arrangement where two people share one full time job between them. Job share provides an opportunity for employees to work fewer hours while maintaining their career and personal development. All jobs within the Trust are potentially eligible for job share. For further information please refer to the Trust’s Job Share Policy, which can be found on the Intranet: http://wghintra01/uploads/out/job_share_policy_march2013_v5.pdf 8.9

Extended Period of Unpaid Leave

An extended period of unpaid leave is where an employee may request to take a break from work for between one and three months without pay. Reasons may include childcare issues, caring responsibilities, study leave. During the period of unpaid leave, annual leave and bank holidays do not accrue. It enables employees to balance their working life with their personal circumstances, without the need for resigning and then seeking employment at a later date. Employees should put the request for extended unpaid leave in writing to their line manager, giving as much notice as possible. The manager should confirm the outcome in writing and if successful, the manager should complete a change of circumstances form. Where an employee wishes to request a break of three months or more, this will constitute a career break, which is covered in section 11.

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9.

HOW TO APPLY FOR FLEXIBLE WORKING

An employee who wishes to apply for flexible working must complete the flexible working application form (see Appendix 1) and give it to their manager. The manager will meet with the employee to discuss their application within 28 days of receipt of the application. The employee is entitled to bring a work colleague / accredited trade union representative to the meeting. The meeting can be deferred up to a maximum of 7 days to enable the employee to obtain representation/support. Failure to attend a reconvened meeting without good reason will result in the application being treated as withdrawn. 9.1 Deciding on a Request The manager should consider the request carefully, looking at the benefits of the requested change for the employee and the business and weighing this up against any adverse impact on the service and possible effects on other employees within the department. Having considered the change, the manager must let the employee know the decision, to either: Accept the request and agree a start date for the change Confirm a compromise agreed at the meeting or Reject the request, setting out clear business reasons how they apply to the application and the appeal process The manager will confirm the outcome in writing using Appendix 2 within 14 days of the meeting. This time frame can be extended if mutually agreed. 9.2 Business Reasons to Consider in a Request to Work Flexibly Requests to work flexibly must be considered objectively and can only be refused where there is a business reason for doing so. Examples include: The burden of additional costs Detrimental impact on the service provided to patients Inability to reorganise work among exiting employees Inability to recruit additional employees Where the request would have a detrimental impact on quality and performance 9.3 Handling Requests in a Fair Way If the manager is unable to approve a request as a result of several other employees already working flexibly and any further arrangements would have an adverse effect on the department, it is good practice to ask for volunteers from existing flexible working employees to change their contracts to other arrangements thereby creating capacity for granting new requests. 9.4 Trial Periods A trial period for any proposed flexible working arrangements can be considered in order for a final decision to be made. Where this applies an agreed extension to the statutory time limit under this procedure must be recorded in writing, making clear that it is a temporary variation to the contract of employment, signed by both parties. If at any time the employee wishes to withdraw their application to work flexibly they must confirm this in writing to the appropriate manager.

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10.

APPEAL AGAINST A FLEXIBLE WORKKING APPLICATION OUTCOME

If a flexible working application has been rejected the employee has the right of appeal to the next level of management in writing within 14 days from receipt of the decision. Within 14 days of receiving the appeal a meeting must be convened. The outcome of the appeal hearing will be sent to the employee within 14 days of the appeal hearing. 11.

CAREER BREAKS

11.1 Eligibility Applying To Career Breaks Employees who have over 12 months continuous employment with West Hertfordshire Hospitals NHS Trust on a permanent contract are eligible to apply for a career break. Following an employee taking a career break, they will need to have attended work for at least 12 months before another request can be submitted. Career breaks can be from 3 months up to a maximum of 5 years. The manager and employee must agree the length of the career break before the application is granted. 11.2 Applying For A Career Break Employees must put their request for a career break in writing to their line manager giving at least 3 months notice, using the form in Appendix 3. The manager should discuss the application with a member of the Human Resources department to establish that the employee is eligible. The approval of the Divisional Manager or equivalent is also required. The manager may hold a meeting with the employee to discuss their request. The employee has the right to be accompanied by a trade union representative or colleague if they wish and a Human Resources representative should also be in attendance. The Manager may decline an application if the employee is subject to a current disciplinary or harassment investigation that has yet to be concluded. 11.3 Confirming the Outcome Where a career break is agreed the manager must confirm the outcome to the employee using the form in Appendix 4 and complete a Change of Circumstances form. If a request for a career break is declined, written reasons will be given to the employee using the form in Appendix 4. Employees will have the right to appeal the decision via the Trust’s Grievance Policy. 11.4 Extending or Reducing Career Break Career breaks can be extended by mutual agreement and this must take into account the needs of the employee and the needs of the service subject to giving the required notice of three months. The period of career break may also be reduced by mutual agreement but this may not be possible if a temporary employee has been appointed to cover the employee’s duties.

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11.5 Terms And Conditions Of A Career Break Career breaks are leave without pay. No annual leave or bank holiday entitlement is accrued during this time. The employee’s salary will be frozen and incremental rises will not be awarded. On return to work the employee will be placed on the salary level applicable immediately prior to the break. This may result in a change of increment date as the employee will receive an incremental pay awards as appropriate once an aggregated 12 months has been completed. The period of the break should count toward continuous employment for statutory purposes. Employees will remain employed by the Trust throughout this period. Employees are not allowed to take up paid employment with another employer during a career break, except where, for example, work overseas or charitable work could broaden experience. If an employee intends to take up alternative work during their career break, they must make this explicit in the application and obtain authorisation for this from their manager. Pension contributions will be suspended for the duration of the career break. National Insurance contributions are not paid during the career break but employees can choose to continue their contributions by contacting their local social security office. If an employee becomes pregnant during a career break the provisions of the Family Leave policy will apply. A career break application can be made during maternity leave or adoption leave to be taken immediately following this leave. Employees must inform the Trust of any change of circumstances and ensure that their contact telephone number and address are kept up to date and for maintaining professional registration and any other professional requirements during the career break. Overpayments or loans payable to the Trust must be repaid before a break can commence. 11.6 Keeping In Touch Managers are encouraged to provide Team Brief and Trust newsletters to employees on career breaks and must ensure that employees are notified of important work issues such as management of change proposals that may affect them. Prior to concluding the career break, the manager should arrange an appropriate orientation/re-induction to ensure the employee is able to effectively fulfil the requirement s of the role giving due regard to the length of the break. This should be mutually agreed by the manager and employee. 11.7 Return To Work In the cases of career breaks of 12 months or less employees should contact their manager at least 2 months prior to their agreed return to work date to plan their return. Where career breaks are more than 12 months, a minimum of 6 months notice is required. Before a return to work is commenced a meeting must be held to agree any necessary re-introduction programme and discuss any changes to prior arrangements such as working hours and days. Page 9 of 15

Where an employee takes a career break of 12 months or less, they will be entitled to return to the same job, as far as is reasonably practicable. For career breaks in excess of 12 months, the employee will be entitled to return to a similar post at the same grade.

12.

FURTHER INFORMATION

The following websites may provide useful additional information and guidance: Department of Work and Pensions - www.dwp.gov.uk Job Centre – www.jobcentreplus.gov.uk Department of Business Innovation and Skills - www.gov.gov.uk

13.

PROCESS FOR MONITORING COMPLIANCE AND EFFECTIVENESS OF THE POLICY

The HR Department will log any grievances / appeals that are raised as a result of this policy being inappropriately or unfairly applied and ensure that requests for flexible working or career breaks are dealt with as per the policy.

14.

REVIEW OF THIS POLICY

This policy will be reviewed every 3 years.

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Appendix 1 Application Form for Flexible Working 1.

Personal Details

Name:

Employee or payroll number:

Manager:

National Insurance No:

To the employer I would like to apply to work a flexible working pattern that is different to my current working pattern for the following reasons:

I confirm I meet each of the eligibility criteria as follows: I have worked continuously as an employee of the Trust for the last 26 weeks I have not made a request to work flexibly during the past 12 months Date of any previous request to work flexibly: 2a.

Describe your current working pattern (days/hours/times worked):

2b. Describe the working pattern you would like to work in future (days / hours / times worked):

2c.

I would like this working pattern to commence from:

Date:

3.

Impact of the new working pattern

I think this change in my working pattern will affect my employer and colleagues as follows:

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4.

Accommodating the new working pattern

I think the effect on my department and colleagues can be dealt with as follows:

Name:

Date:

NOW PASS THIS APPLICATION TO YOUR MANAGER



- ------------------------------------------------Cut this slip off and return it to your employee in order to confirm your receipt of their application Employer’s Confirmation of Receipt (to be completed and returned to employee) Dear: I confirm that I received your request to change your work pattern on: Date: I shall be arranging a meeting to discuss your application within 28 days following this date. In the meantime, you might want to consider whether you would like a colleague / accredited trade union representative to accompany you to the meeting. From:

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Appendix 2 FLEXIBLE WORKING OUTCOME Employee’s Name:………………………………………………………………… Job Title:…………………………………………………………………………….. Ward/Dept:………………………………………………………………………….. Base:…………………………………………………………………………………

Following receipt of your application form for flexible working and our meeting, I have considered your request for a new flexible working pattern. 

I am pleased to confirm that I am able to accommodate your application. Your new working arrangements will commence on:…………………………………… Your new working pattern will be as follows:



I am unable to accommodate your original request. However, I am able to offer an alternative pattern, which we have discussed and you agreed would be suitable to you. Your new working arrangements will commence on:…………………… Your new working pattern will be as follows:



I am sorry but I am unable to accommodate your request based on the needs of the service. Reasons include:

Please note that the change in your working pattern will be a permanent change to your terms and conditions of employment and you have no right in law to revert back to your previous working pattern. You have a right of Appeal in accordance with the appeal process as defined in the Flexible Working Policy. Managers Name: …………………………… Managers Signature: ………………………… Date: …………….………………………

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Appendix 3 Application Form for Career Break PART A: TO BE COMPLETED BY THE EMPLOYEE Personal Details Title: Mr/Miss/Mrs/Ms/Dr/Other Surname:……………………………………………………………………………………………… First Name:…………………………………………………………………………………………… Post Title/Band:……………………………………………………………………………………… Divison/Directorate:…………………………………………………………………………………. Ward/Department:……………………………………………………………………………………. Full time/Part Time:…………………………

Contracted Hours:……………………………

Date of Appointment with Trust:…………………………………………………………………..

Details of Career Break Requested From:…………………………………………….

To:……………………………………………….

Reason for Request:………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… As each application is considered on its merits, balanced with the needs of the service, it may help your application if you provide as much information as possible.

I have read and understood the Flexible Working Policy and apply for a break in accordance with the terms and conditions stated Signature:……………………………………….

Date:…………………………………………….

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Appendix 4 Outcome Form for Career Break

PART B: To be Completed by the Line Manager & Human Resources For completion by Manager/Head of Department I agree to ………………………………………………………………………………………………. (Employee’s name) taking a Career Break from……………………………………..to………………………………….

----------------------------------------------------------------------------------------------------------------I do not agree to ……………………………….taking a Career Break for the following reasons …………………………………………………………………………………………………………… .................................................................................................................................................... …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Signed:…………………………………………………………………………………………………. Date:…………………………………………….. Title:…………………………………………….. For Completion by Human Resources I have reviewed this application with the above named Manager/Head of Department/ Clinical Director and support their decision to support/reject the requested career break. Signed:………………………………………………………………………………………………… Date:…………………………………………….. Title:……………………………………………. For Completion by Divisional Manager in respect of Medical Staff Only I have reviewed this application with the above named Manager/Head of Department/ Clinical Director and support their decision to support/reject the requested career break. Signed:………………………………………………………………………………………………… Date:…………………………………………….. Title:……………………………………………. Line Managers must ensure that: 1 Either: i.The original application form agreeing to the request is returned to the employee together with a letter of agreement outlining all conditions of the break Or ii.The original application form declining the request is returned to the employee together with a letter giving the reasons for the refusal 2 A copy of the application and letter confirming the decision are passed to Human Resources 3 An change of circumstances form is completed when a career break is agreed, to indicate unpaid leave period which should specify the reason as career break and the length of the break

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