1. business and industrial

NHS FORTH VALLEY
Flexible Working Policy
Date of First Issue
27 / 07 / 2007
Approved
27 / 07 / 2007
Current Issue Date
01 / 04 / 2015
Review Date
01 / 10 / 2015
Version
V1.06
EQIA
Yes
01 / 04 / 2008
Author / Contact
Staff Governance Team, 01786 431184
Group Committee – Area Partnership Forum
Final Approval
This document can, on request, be made available in alternative formats
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Management of Policies Procedure control sheet
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Name of document to be loaded
Flexible Working Policy
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Policy
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Guidance
Protocol
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2 days
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only
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Immediate
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Questions
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Understanding
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Where to be
published
Target
audience
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Specific Area /
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Consultation and Change Record – for ALL documents
Contributing Authors:
Staff Governance Team
Consultation Process:
NHSFV Partnership Fora
Distribution:
NHSFV Intranet
Change Record
Date
Author
Change
Version
27/07/2007
APSG
Policy revised following review process
V1.00
22/11/2010
EH
PODG template applied
V1.01
23/11/2011
EH
APF agreed Policy extended to 1/4/2012
V1.02
09/01/2014
LS
The following updates were made:
V1.03
Version 1.06

Policy template updated

Review date extended to 1/4/2014
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05/02/2014
LS
The following updates were made:
V1.04

Review date extended to 1/4/2015.

Appendix B added – Flexible Working for
the Experienced Worker
23/06/2014
LS
Policy updated in line with the amendments to
the Flexible Working Regulations which extends
the statutory right to request flexible working to
all employees.
V1.05
01/04/2015
LF
Review date updated in line with the release of
the new Work-Life Balance PIN Policy
V1.06
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Contents
1.
Policy Statement
2.
Scope
3.
Eligibility to Request Flexible Working
4.
General Principles
5.
Grounds for Appeal
6.
Application
7.
Procedure
8.
Withdrawal of Application
9.
Monitoring and Review
10.
Appendix A – Application to Request Flexible Working
11.
Appendix B – Flexible Working for the Experienced Worker
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1.
Introduction
NHS Forth Valley recognises the needs of individuals, colleagues and the organisation for
flexible working arrangements. It is recognised that enabling staff to work flexibly to
achieve a better balance between home and work responsibilities has benefits for both
employers (e.g. improved recruitment and retention, reduced absence rates, increased
staff motivation) and employees (e.g. a more positive approach to work, reduced stress
levels, more time with family/dependents) which have positive effects on the overall
delivery of patient care.
This policy takes into consideration the concept of flexible working as detailed in the PIN
Policy and Practice Supporting the Work-Life Balance in partnership with staff side
representatives. It also takes account of the statutory right to request flexible working as
detailed in, the Employment Rights Act (1996), Work and Families Act (2006), Flexible
Working (Procedural Requirements) Regulations (2002) and the Flexible Working
(Eligibility, Complaints and Remedies) Regulations (2002 and 2006).
2.
Scope
All NHS Forth Valley employees have an entitlement under this policy to request flexible
working arrangements. Any such requests will be considered by the line manager within
the context of service requirements.
In addition, NHS Forth Valley, like all NHS Boards in Scotland has a workforce where a
larger percentage of staff are between the ages of 45 and 60 and as time progresses it is
inevitable that this larger percentage of staff will move closer to retirement age.
As NHS Forth Valley wishes to retain the knowledge, skills and experience of its maturing
workforce, whilst at the same time creating opportunities for less experienced staff to have
the ability to work with this cohort and thereby assist in succession planning of the
workforce. (Please see Appendix B).
3.
Eligibility to Request Flexible Working
In every case the following conditions apply:

The employee must have been continuously employed for at least 26 weeks at the
date of application;

The employee must not be an agency worker; and

The employee should not already have had approval to a previous request to work
flexibly during the preceding 12 months (A 12 month period will start on the date
that a previous request was made).
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4.
General Principles
Eligible employees may request:

A change to their working hours

A change to the times when they are required to work

A change in the place they are required to work
Flexible working patterns may also include among others, job-sharing, self-rostering,
staggered/split hours, term-time working, annualised hours. An application for a change in
working pattern may not always require a significant alteration, e.g. an employee may
simply wish to start work half an hour later to enable them to take their child to school and
finish work correspondingly later in the day.
All applications when made under the circumstances above will be considered carefully
and fully however, there is no automatic right to work flexibly and there may well be
circumstances when such requests are not able to be accommodated.
Any employee wishing to make a request to work flexibly will be obliged to consider the
impact of any new working pattern and provide details on how any impact could be
accommodated by the ward/department.
5.
Grounds for refusal
Employers may only refuse the application if it is deemed that one or more of the following
grounds apply:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
6.
The burden of additional costs.
The detrimental effect on the ability to meet customer demand.
Inability to re-organise work among existing staff.
Inability to recruit additional staff.
Detrimental impact on quality.
Detrimental impact on performance.
Insufficiency of work during the periods the employee proposes to work.
Planned structural changes.
Such other grounds as the Government may specify from time to time.
Application for Flexible Working
An application form (Appendix 1) must be completed in full by the employee requesting
flexible working and sent to their line manager. The line manager will confirm receipt of
the application by completing the acknowledgement section of the form and sending it to
the applicant. Advice and support can be provided through contacting a member of the
Human Resource Team or a Staff Side Representative.
Accepted applications will mean a permanent change to the employee’s own terms and
conditions of employment unless otherwise agreed between both parties. Therefore it is
important that before making an application the employee gives careful consideration to
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which working pattern will help them best care for their child or adult dependent, any
financial implications it may have on them and any effects it will have for their department
and how these maybe accommodated.
7.
Procedure
i)
Initial meeting
The line manager must hold an initial meeting with the individual to discuss the application
within 4 weeks of receipt of the application though if the line manager accepts the
application in full there is no such requirement. However the line manger in that situation
must notify the employee in writing of his/her acceptance of the application within the
same 4 week period and confirm the effective commencement date of the change.
A change form must also be completed detailing the change. A written confirmation of the
contractual variation will be issued. Where the line manager is on annual or sick leave
when the application is received then the 4 week period commences on the day the
manager returns to work or 4 weeks after the application is made whichever is sooner.
The employee has the right to be accompanied at any meeting by a staff side
representative or work colleague.
ii)
Notice after the initial meeting
Where an initial meeting is held to discuss the application the line manager must inform
the employee of any decision in writing within 2 weeks of the meeting. This letter should
be dated.
Where the application is accepted:

The letter must specify the details agreed and state the effective commencement
date.

A change form must be completed detailing the change further to which a variation
of contract will be issued.
Where the decision is made to refuse the application:-
iii)

The letter must state the grounds for the refusal (see paragraph 3)

Contain a sufficient explanation as to why the grounds apply in relation to the
application and

Set out the appeal procedure
Appeal Against
An employee can appeal against his/her line manager’s decision to refuse their
application. The appeal should be made in writing within 2 weeks of receipt of the decision
and given to the appropriate senior manager. The appeal letter should:
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
Be dated

Set out the grounds for the appeal
The appropriate senior manager should hear the appeal within 2 weeks of receipt of the
letter of appeal. The senior manager will write to the employee with the decision within 2
weeks of the meeting. The employee has the right to be accompanied at any meeting.
Where the senior manager dismisses the appeal the letter must state the grounds for the
decision and contain sufficient explanation as to why those grounds apply.
The above time limits can be extended by mutual agreement between parties. Any such
agreement must be recorded in writing by the senior manager and sent to the employee.
This agreement must specify the period to which the extension relates and the end date of
the extension.
8.
Withdrawal of an application
The manager can treat an application as withdrawn if the employee has:

Notified the manager, verbally or in writing, that he or she is withdrawing the
application.

Without reasonable cause has failed to attend a meeting under the procedure more
than once; or

Without reasonable cause, refused to provide the manager with information the
manager requires in order to assess whether the application may be agreed.
The manager should confirm the withdrawal of the application to the employee in writing
unless the employee has already provided the manager with a written notice of withdrawal.
9.
Monitoring and Review
This policy will be formally reviewed on a 3 yearly basis by the Area Policy Steering Group
or as requested by the Area Partnership Forum/Staff Governance Committee. The current
review of this policy takes account, wherever possible, of the recommendations contained
within the appropriate PIN Policy and Practice guidance and amendments to legislation.
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Appendix A
Application to Request Flexible Working
To make a request to work flexibly employees must complete this form. Before doing so
you should first read the guidance contained within NHS Forth Valley Flexible Working
Policy.
To help your line manager consider your request please provide as much information as
possible about your desired working pattern. It is important that you complete all sections;
otherwise your application may not be valid. When completing sections 5 and 6 think
about what effect your change in working pattern will have both on the work that you do
and on your colleagues. Once you have completed the form please send it to your line
manager. You may wish to retain a copy for your own records. Your line manger will
acknowledge your application. Thereafter the line manager will contact you again with an
outcome to your request. If the request is granted this will be a permanent change to your
terms and conditions.
1. Personal Details
Name ……………………………………
Job Title………………………..
Department……………………………….. Base……………………………..
To the line manager:
I would like to request to work a flexible working pattern that is different to my current
working pattern under my right provided in law. I confirm I meet each of the eligibility
criteria as detailed in section 2 of the policy.
2. The reason for my request to work flexibly is as follows:
3. Describe your current working pattern (days/hours/times worked):
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4. Describe the working pattern you would like to work in future (days/hours/times
worked)
5. I would like this working pattern to commence from:
Date ……………………………………
6. Impact of the new working pattern – I think this change in my working pattern will
affect my line manager and colleague(s) as follows:
7. Accommodating the new working pattern – I think the effect on my line manager
and colleague(s) can be dealt with as follows:
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Please sign to confirm the details you have given above:
Name ……………………………………
Signature………………………………..
Date……………………………..
NOW PASS THIS APPLICATION TO YOUR LINE MANAGER
……………………………………………………………………………
Cut this slip off and return to your employee in order to confirm your receipt of their
application.
Line Manager’s Confirmation of receipt (to be completed and returned to the
employee)
Dear ……………………………………
I confirm that I have received your request to change your work pattern on ………..
I shall consider your application and will arrange a meeting to discuss it with you
within 4 weeks following the above date. In the meantime you may wish to consider
whether you would like to be accompanied at the meeting.
From …………………………..
Signature……………………….
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Appendix B
Flexible Working for the Experienced Worker
As previously stated, the ability to request Flexible Working opportunities is available to all
NHS staff.
As workers move through their career, their needs, wants and desires for a balance in their
home/work balance changes, as such, this policy gives the opportunity for staff to seek a
reduction in their working hours to meet these changing needs. It would be anticipated,
but not required, that the organisation could use this opportunity to assist with succession
planning or development of more less experienced staff as the available hours could be
utilised to support the service delivery and still have access to the skill set of the more
experienced worker.
Pension Considerations
Advice on the regulations of the superannuation scheme is available to all staff who are
members of the scheme directly from the Scottish Public Pension Agency. However it is
important to note that a reduction in hours will reduce your contribution rate to your
pension, but your pension will be calculated in the whole time equivalent rate of pay. This
is applicable to both the pre April 2008 and post April 2008 options. Please refer to the
SPPA website for more information.
The aim of this extension to the policy is:
1. To give a structure to employees to support them in seeking Flexible Working
options which will enable the organisation to retain their skills and experience within
the workplace.
2. To give Managers the ability and opportunity to consider the benefits to the
Department of retaining an experienced member of staff.
3. To provide recruitment or development opportunities to fill any available hours
resulting from the Flexible working opportunities.
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Publications in Alternative Formats
NHS Forth Valley is happy to consider requests for publications in other language or
formats such as large print.
To request another language for a patient, please contact 01786 434784.
For other formats contact 01324 590886,
text 07990 690605,
fax 01324 590867 or
e-mail - [email protected]
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