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The Newcastle Upon Tyne Hospitals NHS Foundation Trust

Employment Policies and Procedures

Flexible Working Policy

Version No.: 10.2

Effective Date: 30 September 2019

Expiry Date: 12 July 2022

Date Ratified: 17 September 2019

Ratified by: HR Heads and Employment Policies & Procedures Consultative Group

GENERAL POLICY STATEMENT

The Trust aims to attract and retain a highly skilled and competent workforce which places the patient at the centre of delivering high quality care and services.

To achieve that aim, the Trust aspires to be acknowledged as one of the most flexible employers in the NHS; providing a workplace where staff can flourish, take care of their own health and wellbeing, and feel supported to work flexibly in how they work and the roles they perform. Digital advancements have enhanced the ways in which people can work in a more agile and creative way and such arrangements are valued. Flexible working arrangements include a range of working hours, the ability to work differently across sites and locations, and diverse, multi-form working (DMW) enabling staff to contribute in a more innovative way and balance their working life with other activities or interests.

The Trust welcomes and encourages staff to “feel free to talk about flexible working”. Whilst it’s recognised that not all flexible working arrangements will be suitable for all parts of the organisation, there should be no arbitrary barriers. Any agreement to implement informal local arrangements should follow a conversation between an employee and their manager/supervisor, exploring options and possibilities to ensure service will be delivered and there is no adverse impact on role or employee wellbeing. The purpose of the policy is to set out the range of options. It is recognised that there may be alternatives to those noted, and the working arrangements agreed may be suitable for a particular individual or could be a combination of options. The policy is also to ensure that as employer, the Trust is able to record the variety of informal and formal flexible working arrangements in place, outlines the process to apply for both informal and formal flexible working requests and to ensure changes agreed (e.g. to pay etc.) are appropriately implemented.

The range of flexible working arrangements included and referred to in this policy are: Reduced or less than full-time hours, including job share, term time working,

variable time working (see Section 4)

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Flexible hours working including compressed hours (see Section 5) Team-based self-rostering (see Section 6) Career breaks (see Section 7) Annualised Hours (see Section 8) Diverse, multi-form working (see Section 9) For details of other arrangements such as time-off for childcare or care of dependants, see the Trust’s Special Leave policy. For more specific guidance relating to flexible retirement please see the Trust’s Retirement Policy. The Agile Working Policy provides guidance regarding agile working including working from home.

This policy applies to all employees, including those who wish to submit a formal flexible working application. For consideration of a formal request, employees should have 26 weeks continuous* employment with the Trust by the date of an application under this policy. (*applications for a career break require 12 months continuous service) A formal request to work flexibly can be made by an individual employee or a group/team of employees.

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1 Aims Whilst outlining the flexible working arrangements currently in place in the Trust, it is recognised that this policy may not cover every issue relating to a particular set of circumstances. Therefore in the first instance it is recommended that options should be explored with a line manager or supervisor. HR colleagues are able to advise and provide support. The policy sets out the process to enable flexible working arrangements to be implemented.

2 Duties – Roles and responsibilities 2.1 The Executive Team is accountable to the Trust Board for ensuring Trust-wide

compliance with policy. 2.2 Directorate managers and heads of service are responsible to the Executive

Team for ensuring policy implementation. 2.3 Managers are responsible for ensuring policy implementation and compliance

in their area(s). 2.4 Staff are responsible for complying with policy.

3 General Principles

3.1 The Trust has an overriding responsibility to deliver services that meet the

needs of patients. It also wishes to seek ways of developing the capacity of its services, and enable and support employees to work more flexibly.

3.2 Employees with the relevant qualifying service have the right to formally

request flexible working. The appropriate process is set out at Appendix 1. It is the manager/supervisor’s responsibility to:

give appropriate consideration to any request for flexible working. If a formal request is received, there is a requirement to ensure the process, including any appeal, is completed within three months from first receipt.

discuss the request with the Directorate Manager/Head of Department/Clinical Director, make a decision and then forward it to Human Resources Workforce Services for information.

3.3 Only one formal request for flexible working may be made in any 12 month

period – even if the requests are different in nature. The 12 month period commences from the date the request was received by the manager. All requests for flexible working will be recorded on the Electronic Staff Record (ESR) once received within the Human Resource Department.

3.4 In considering a request, managers/supervisors must act in accordance with

the Trust’s Equal Opportunities and Diversity policy and ensure each request,


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whether from an individual or a team of employees, is treated with fairness and equity and has due consideration for all the particular circumstances.

3.5 After consideration, if it is apparent that it will not be possible to support the

flexible working request within a ward or department, an alternative approach should be considered, and the manager will be expected to explore alternative options, including in other departments and/or directorates. Managers and employees are positively encouraged to think creatively about any potential solutions. Further advice may be sought from the Human Resources department; in addition, and to ensure any alternative working arrangement is appropriate to the individual’s skills and experience and the needs of the Trust, such requests will be centrally coordinated within the relevant professions workgroups, for example, nursing.

3.6 Managers and employees are expected to consider what implications a

request may have on colleagues who may be affected and consult with their colleagues as necessary before any changes are made. Employees who wish to make a formal request also have a responsibility to consider the interests of others and service needs.

3.7 Employees may seek the help and assistance of either the Human Resources

Department, or their staff representative if they require any advice or support regarding this policy.

3.8 When considering requests, the Human Resources Department and staff

representatives may be involved as necessary.

3.9 Managers must ensure that staff requesting and/or affected by flexible working are fully aware of the implications (if any) for their terms and conditions of employment e.g. salary, annual leave, pension. In general, where a flexible working request is agreed, it is likely to result in a permanent change to an employee’s terms and conditions of employment. Managers should seek the help and assistance of the Human Resources Department as necessary.

3.10 The Human Resources Department will administer any change to an

employment contract in writing and notify Payroll of any change affecting pay. 3.11 Changes in an employee’s working pattern won’t commence until formal the

Directorate Manager/Head of Department has informed Human Resources Workforce Services to process the change, and the employee has received confirmation in writing (via email) of the change and start date.

4 Reduced hours/Less than full time working hours 4.1 Facilitating reduced working hours can help:

retain employees who might otherwise leave the organisation maintain continuity of input from such individuals

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retain valuable knowledge and skills within the Trust provide greater flexibility in staffing wards and departments

4.2 Approved requests for reduced hours will be accommodated at an existing job

grade whenever possible but may not be guaranteed.

The terms and conditions of part-time employees, such as pay and annual leave, are pro-rata to those of full time employees.

Those whose right to work is via a Certificate of Sponsorship issued by

the Trust must consider whether a reduction in hours will affect their right to work (as per UK Visas & Immigration Regulations) prior to making any application

4.3 If a reduction in hours is agreed, all annual leave accrued, prior to the date of

the change must be taken before the date of the change, in accordance with the Annual Leave Policy

4.4 Job-share

This is normally where two employees share the duties and responsibilities of one full time post in a partnership arrangement. The terms and conditions of employees involved in a Job Share, such as pay, annual leave and sick pay, are based on:

i. accrued rights and entitlements of each individual, and ii. the pro-rata arrangements within the Job Share

For example, one partner may be on a higher incremental point or have more annual leave entitlement than the other due to longer service; one may work more contracted hours than the other; and the working week may be divided flexibly so that each partner works set days, or at certain times. Incremental progression, allowances and other payments are determined on an individual basis and paid pro-rata. Job-sharing requires close liaison and communication between the partners to ensure they fulfil their joint duties and deliver their responsibilities to the Trust. The way in which job-share is to work should be determined by the manager in consultation with the partners. Agreement is needed on the hours and days to be worked and how the duties will be undertaken. This must include appropriate cover arrangements for any overlap.

It is not a requirement of job-sharing that one partner covers the other during their planned (e.g. annual leave and study leave), or unplanned (e.g. sickness) absence, though this will be encouraged where appropriate, and does not prevent cover arrangements existing where this is agreed.


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Any excess hours worked by a partner will be handled in accordance with the relevant terms and conditions of service. If a partner leaves the job share, the manager should discuss with the remaining partner how the post may be filled. Depending on the service needs of the department or directorate, it may be mutually agreed to fill it full time, part-time, or advertise for a replacement partner. If the post needs to be filled full time, the remaining partner will normally be offered the post on a full time basis. If the individual is unable to, or chooses not to, undertake the post on a full time basis the Trust will firstly seek to replace the job share partner and if this is still not possible, aim to transfer them to a suitable alternative post in accordance with the Trust’s Organisational Change and Redundancy policy. In the event that this is not possible, the Trust reserves the right to terminate the individual’s employment. The Trust reserves the right to terminate a job-share if there is evidence that it is not effectively meeting the needs of the organisation. In the event of notice being given, the Trust will explore with the partners the options in the previous paragraph.

4.5 Term-time working

This provides agreement to enable an employee to take extended unpaid leave to coincide with school holidays. Employees are paid on a pro-rata basis according to their number of contracted weekly hours and the number of working weeks falling in term-time. The calculations for determining salary are available here, depending on the number of weeks school holidays and the number of teacher training days falling within an annual leave year each year (April to March). Annual salary is paid monthly in twelve equal amounts. Staff wishing to end a term-time contract should first seek advice from their Senior HR Advisor to establish whether the intended end date would create an overpayment of salary.

Annual Leave entitlement for a term-time employee is calculated based on contracted [actual working hours] and not paid hours. Annual leave is recorded in ERA based on and employees contracted hours and not their paid hours. Staff on a term-time contracts should request from their manager (via electronic annual leave requests in e-Employee) which of the school holidays will be taken as annual leave rather than as ‘days off’ in line with their annual leave entitlement. Requests should be actioned by the manager in ERA. Incorrect recording of annual leave for term-timers who work unsocial hours is likely to result in under or over payments detailed guidance can be found in the ERA Policy.


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Subject to approval by their manager, staff who accrue additional annual leave entitlement due to their length of service can either be paid by having an adjustment to their annual salary calculation, or take the additional days as time off i.e. annual leave, in the normal way – see Annual Leave policy.

4.6 ‘V’ (Variable)-time working

Agreement to enable an employee to voluntarily reduce their contracted working hours and/or pattern of work for a specified period.

Normally to enable staff to manage short-term personal or caring commitments.

The terms and conditions of employees during V-time working, such as pay and annual leave, are pro-rata to those of full time employees. This will be confirmed in writing to the employee.

A period of V-time will not normally last longer than three months. The conclusion of the period of V-time must be confirmed in writing and arrangements made to reinstate the appropriate terms and conditions of employment.

5 Flexible Hours Working

5.1 Flexible hours working enables employees to vary their working hours.

Employees may vary their start and finish times to suit domestic responsibilities, travel arrangements or for work purposes.

5.2 In determining whether flexible hours working can be accommodated in their

area(s) of responsibility, consideration should be given to:

the nature and volume of work

the number of employees required to ensure that work demands are met during core hours

the benefits of extended working hours

the amount of additional management time required to deal with requests and supervise the arrangements

the implications of staff working unsupervised during early or late times e.g. security, health and safety

the impact on the employee requesting the flexible hours, as well as other employees within – and in some cases out with – the ward/department

5.3 Employees are responsible for ensuring they work their contracted hours.

Managers should ensure employees work the correct number of hours to meet the needs of the service and their contracted hours.


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5.4 Where possible, managers may stagger hours to enable employees in a team to work variable start, finish and break times provided service requirements are delivered to the expected standard.

5.5 Shift swapping may take place where appropriate; this is where employees

agree changes among themselves that are then notified to the manager in advance of the change(s) occurring.

5.6 An individual may apply for compressed hours. This is where an individual

works their total number of contracted weekly hours in fewer than the usual number of working days each week, by working longer individual days. For example, a 9 day fortnight.

6 Team-based Self-rostering 6.1 Team-based self-rostering is a “bottom-up” approach to scheduling work,

giving employees more control over the pattern of their working week.

6.2 The team is collectively given the authority to schedule their working day/week within an agreed framework that details in advance the required staffing levels and skill mix to meet service needs.

6.3 Team members propose the times they would like to work and times they

would like to protect away from work. This information is then used to compile shift patterns that match individual preferences as closely as possible, whilst maintaining agreed levels of cover at all times.

6.4 Before a team-based self-rostering scheme is agreed and introduced, and in

discussion with the team members, managers should:

assess the support among employees;

determine whether the area of work is suitable;

establish the reasons for introducing a scheme together with its intended benefits;

set and agree: the parameters for minimum and maximum staffing levels; the skill and grade mix; the limits for time owing and owed; the minimum number of “core hours” that must be worked at certain times; and the maximum number of “veto hours” that an individual can use to protect time away from work;

provide appropriate training to the team in how to operate the scheme and support on an ongoing basis where this is required;

monitor and review a trial (for between three to six months) and decide in consultation with the team whether to implement the scheme on an on-going basis

ensure there is an on-going process of evaluation for the scheme;

retain the right to return to Trust based rostering to meet the needs of the organisation to ensure delivery of service if team based rostering is not effectively meeting service needs.

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7 Career Breaks 7.1 For frequently asked questions on Career Breaks, follow this link. 7.2 A career break scheme is an extended period of unpaid leave from work that

begins with an intention to return to work at the Trust at an agreed date in the future. It provides a means of managing a situation where an employee wishes to request a break from their working lives.

7.3 A career break is unpaid and would normally be expected to be for no longer

than twelve months. The minimum length of a break is three months. In exceptional circumstances, an employee can request a break of more than twelve months, but it should be noted that all requests are subject to prior approval by the Trust and will be considered in accordance with the NHS Terms and Conditions of Service. As a result, a request will not be granted if it would have an adverse impact on the Trust delivering the services to the standards it requires.

7.4 The purpose of the scheme is to retain the skills and experience of employees

where this is reasonably practicable, encourage their return and make re-entry to work as smooth as possible.

7.5 If an employee returns to work within a year, the same job will be available as

far as is reasonably practicable, unless a redundancy situation arose during the period of the career break or there was some other reason why it is not reasonably practicable to return to the original job.

7.6 If the break is granted for longer than a year, or return to the same job is not

possible, an employee may return to as similar a job as possible. This may or may not be at the equivalent salary level. Where salary is at a lower level, protection will not apply.

7.7 An employee is responsible for ensuring that they maintain their competence

and professional registration (where applicable) during their career break absence.

7.8 Employees who have salary sacrifice arrangements remain responsible for

payments during periods of unpaid leave. The employee must contact the Staff Benefits team for advice and information on how to setup payments, if they are considering a career break (see FAQ’s); [email protected].

7.9 If the Trust requires an employee to attend specified training courses and/or

conferences during their career break, the Trust’s Study Leave/Continuing Professional Development (CPD) policy will apply.

7.10 The scheme is open to all employees who have completed at least twelve

months continuous service with the Trust by the start date of their break.

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7.11 Examples of reasons for which a break may be requested are:

childcare commitments

care of a dependent person

further relevant education and/or training

relevant work abroad and charitable work that could broaden experience

preparation for retirement 7.12 The career break period will not be regarded as a break in employment

service, and therefore, an individual remains an employee of the Trust. However, the period will not count as reckonable service for the purposes of entitlement to certain terms and conditions, such as annual leave, occupational sick pay, incremental credit and redundancy. These will be ‘frozen’ at the start of the career break period until the employee returns to work. The employee will not be permitted to have annual leave entitlement outstanding or overtaken before the career break starts and depending on their return, any such entitlement will be pro-rated from the agreed return date.

7.13 An employee on a career break will not be permitted to take up paid

employment with another employer except in specific circumstances e.g. work overseas or charitable work that could broaden experience. The employee will be required to notify the Trust, in writing, of their proposed employment and obtain written agreement from the Trust before any such paid employment is undertaken. The manager should take advice from the Human Resources Department before agreeing to any request.

7.14 The break period will count toward continuous employment for statutory

purposes e.g. Statutory Sick Pay and Statutory Maternity Pay. 7.15 Pension rights and contributions will be dealt with in accordance with the

provisions of the NHS pension scheme. The period of a career break is pensionable. If an employee is in the NHS pension scheme, it is their responsibility to contact their Pensions Officer at Payroll to determine pension implications and to notify both Payroll and the HR Department of their intentions regarding contributions during the break. This should be stated on the application form for the career break.

7.16 The manager and employee should make arrangements to “keep in touch”

during the break. This includes a responsibility on the employee to keep their manager up-to-date with their contact details e.g. address, telephone number, email.

7.17 Prior to an employee commencing a career break, managers should ensure

that appropriate arrangements have been made in respect of the following (where applicable):

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return (or otherwise) of a lease car

cessation of telephone rental reimbursement

cessation of any uniform allowance payment

return (or otherwise) of a discount travel ticket or car parking pass

recovery of any loans or approved study leave funding

return of Trust property, such as ID Badge, mobile communication, keys, uniform

salary sacrifice arrangements The employee is responsible for meeting costs arising from the above e.g. early termination of a lease car agreement and/or salary sacrifice arrangement.

7.18 Any application for a career break must be submitted to the manager at least

three months before the proposed start date of the break, and in line with the procedure set out in Section 12 of the policy.

7.19 On receipt of a completed application form, the manager should record their

decision on the form, inform the employee of their decision and submit it to Human Resources Workforce Services.

7.21 An employee is required to give two months’ notice in writing to their manager

of the date they intend to return to work if the break is less than a year. If the break is more than a year, six months’ notice of the date they intend to return is required.

7.22 If the employee wishes to return on reduced hours, they must make a request

to their manager in line with this procedure. Only one request can be made in any 12 month period.

7.23 If an employee does not honour the terms of their career break, or has

provided false and/or misleading information to obtain a career break, the Trust will investigate the facts of the case.

7.24 Where a career break is agreed, the employee should note the requirement

to undergo the relevant pre-employment checks i.e. Occupational Health, professional registration check, right to work, verification of ID, UK DBS and overseas police check (if appropriate) prior to their return to work. The line manager/supervisor should also remind the employee of this requirement. If an individual has spent a consecutive period of six months or more outside of the UK during their career break and they have been in any country for more than 30 days at the date of application submitted, then an overseas criminal record check (or where the country will not provide this, a certificate of good conduct) should be undertaken for each country visited. The cost of any overseas criminal record checks will be borne by the individual.

7.25 Where an employee is absent for 12 months or more, arrangements should

be made by the Manager/Supervisor for the employee to complete both corporate and local induction within 4 weeks of their return to work, where this is appropriate.


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8 Annualised Hours 8.1 An annualised hour’s scheme aims to achieve a more even match between

supply and demand for staff by distributing hours worked to coincide with actual levels of need – flexing the working year.

8.2 Annualised hours can provide the Trust and employees extra flexibility to vary

patterns of work across each year according to service need and individual preference. The total number of hours to be worked in the full year must be agreed at the outset and in advance of any implementation. Exactly when these hours are worked each week or month is subject to agreement between the manager and members of the team.

8.3 Before an annualised hours scheme is introduced, managers should:

assess the support among employees;

determine whether the area of work is suitable;

establish the reasons for introducing a scheme together with its intended benefits for enabling the Trust to deliver its services;

set and agree: the parameters for minimum and maximum staffing levels; the skill and grade mix; the limits for time owing and owed; the minimum and maximum number of hours that can be worked in a week; guidelines for producing rosters and making roster changes at short notice; and a system of keeping track of hours worked;

provide appropriate training to the team in how to operate the scheme;

trial the scheme for an agreed period of time - normally between three to six months;

monitor and review the trial in conjunction with the team and decide whether it is appropriate to implement on an on-going basis;

ensure there is an on-going process of evaluation;

retain the right to return to Trust based standard scheduling of hours to meet the needs of the organisation to ensure delivery of service.

8.4 In addition to the above, it must be clear at the outset what the implications

and arrangements are for annual leave, sick pay and related matters when employees leave the employment of the Trust.

9 Diverse, multi-form working (DMW)

DMW offers employees flexibility in role, for example, mixing clinical and non-clinical duties as well as flexibility in the hours worked. It may be helpful in providing an opportunity to obtain different experience or skills, supporting career progressing and facilitates harnessing the diversity of skills and knowledge an individual employee may have to contribute to the organisation and service needs. If an employee is interested in exploring this flexible working arrangement, they are encouraged to have a conversation with their line manager and supervisor to explore the options which may be available.

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10 Training

Training may be provided by the Human Resources Department to Managers/Supervisors following implementation of the procedure.

11 Equality and Diversity

The Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not discriminate against individuals or groups on any grounds. This policy has been properly assessed.

12 Monitoring Compliance with the Policy

Standard / Process / Issue

Monitoring and Audit

Method By Committee Frequency

The number of requests accepted and rejected to ensure there is no unlawful discrimination

Reporting of information from ESR reports

Director of Human Resources

Heads of Human Resources Meeting

Annually

13 Consultation and Review of this Policy

This policy has been reviewed in consultation with the Employment Policies and Procedures Consultative Group

14 Implementation of the Policy (including raising awareness)

A summary of the key changes will be notified to managers following implementation. Further advice and guidance will be available from the Human Resources Department.

15 References

1) Employment Rights Act 1996 Available at www.legislation.gov.uk/ukpga/1996/18/contents

16 Additional Documents

Agile Working Policy

Annual Leave and General Public Holidays

Disciplinary Policy and Procedure

Equal Opportunities and Diversity Policy

Flexible Working Application Form

Organisational Change and Redundancy Policy

Pre-Employment Checks & Use of the Disclosure and Barring Service Policy

Retirement Policy, Procedure and Guidance

http://www.legislation.gov.uk/ukpga/1996/18/contents

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Special Leave Policy

Study Leave/Continuing Professional Development (CPD) Policy

Nursing and Midwifery Staffing Strategy Author: Employment Policies and Procedures Consultative Group




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APPENDIX 1

Procedure for Formally Requesting Flexible Working Arrangements All formal requests, including any appeal must be considered and a decision

made, within three months from first receipt. This timeframe is set out in the relevant legislation and with the exception noted below, this timeframe cannot be changed due to the potential breach of legislation.

The exception to this is where an extension is agreed by both parties and the

documentation in appendix 2 is completed. The steps identified in this section (and section 12 if applicable) must be followed and it is the responsibility of the manager to ensure that a three month timescale is adhered to.

All requests for flexible working arrangements must be made in writing, signed

and dated and submitted to the relevant line manager using the Flexible Working Application Form.

An employee must provide as much relevant information as possible in their

application so that their manager can make an informed recommendation without delay i.e.

specify the reason for the request to work flexibly,

provide details of the flexible working pattern requested,

state the date on which the employee would like the change to start from

identify whether there has been a previous flexible working request and when.

The employee should also set out what impact they believe the proposed change would have on the team/department and how they feel this could be mitigated. If an employee unreasonably refuses to provide the information required the application will be deemed to have been withdrawn. In such circumstances a further request may not be made for a further 12 months.

The employee should aim to provide their manager with as much notice of

their request as possible. This is to help ensure that appropriate arrangements are in place at the required time to implement any changes if agreed.

Following receipt of a formal flexible working request the manager should

acknowledge the request in writing (template letter available in Appendix2) and hold a meeting with the employee as soon as possible.

The required timescales may be extended with agreement and completion of the documentation in appendix 3. The purpose of the meeting is to discuss the request in further details, review any working pattern the employee is proposing and how it might be accommodated. If there are likely to be difficulties with the requested working pattern these should be discussed



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and/or possible alternatives explored where appropriate before arriving at any recommendation. The decision will not be communicated at this meeting.

Where a manager feels it may be difficult to accommodate a request, they

should speak to their HR Officer for further advice before making a recommendation.

Employees have the right to be accompanied by a work colleague or trade

union representative. This discussion can take place either before or after the formal meeting with the employee. If the work colleague/trade union representative is unable to attend the meeting, then the employee may propose an alternative date which should be within five working days of the original date. If the alternative date is not agreed, then the meeting will go ahead without the work colleague/trade union representative.

Following the meeting, Section 2 of the flexible working application form must

be completed and forwarded to Human Resources Workforce Services. The application form will be retained on the employee’s personal file and details will be recorded in ESR.

If additional time is required to consider an application the period can be

extended subject to agreement and completion of the documentation in Appendix 3.

If the request is agreed, the manager will confirm the details of the new

arrangements in writing. This confirmation should:

be dated

include a description of the new working pattern

state the date from which the new working pattern is to take effect

state that the change will effect a permanent change to the employee’s terms and conditions

All correspondence should be copied to Human Resources Workforce Services to ensure a copy is retained on an employee’s personal file.

Where a request for flexible working is not agreed, the manager should

confirm the decision in writing on the application form, including details of the business reasons for refusal, an explanation of why the business reasons apply in the circumstances and the employee’s right of appeal. The Employment Rights Act 1996 lists the following eight grounds an employer can give for refusal of a request for flexible working:

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planned structural changes

the burden of additional costs

a detrimental impact on quality

the inability to recruit additional staff

a detrimental impact on performance

the inability to reorganise work among existing staff

a detrimental effect on ability to meet customer demand

a lack of work during the periods the employee proposes to work At any point throughout the process an employee can withdraw their

application by notifying their manager in writing. Appeals Any appeal must be dealt with within 3 months of initial receipt of the formal

application. This is to ensure compliance with statutory rights. If the employee(s) believes their request has not been properly considered

they have the right of appeal within 14 calendar days of the notification of the decision to the Head of Human Resource Services. The appeal must be made in writing and must set out the grounds of appeal.

An appeal hearing will be arranged as soon as possible after receiving the

employee’s appeal notice (the timescales can be extended subject to agreement and completion of the documentation in appendix 3) and will be heard by the level of management above that which made the original recommendation who will be accompanied by a representative from the Human Resources Department (an example procedure for the conduct of an appeal is outlined in appendix 4). Employees have the right to be accompanied by a work colleague or trade union representative. If an employee fails to attend the scheduled appeal meeting without notification or without reasonable explanation the application will be treated as withdrawn. If the work colleague/trade union representative is unable to attend the meeting, then the employee may propose an alternative date which must be within five working days of the original date. If the alternative date is not agreed, then the meeting will go ahead without the work colleague/trade union representative.

The employee will be informed of the decision as soon as possible following the appeal hearing.

If the appeal is successful the manager will confirm the details of the new

arrangements in writing, the letter should be:

dated

include a description of the new working pattern

state the date from which the new working pattern is to take effect

state that the change will effect a permanent change to the employee’s terms and conditions

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If the appeal is unsuccessful the manager will notify the employee in writing. The notification shall include the following:

date of decision

grounds for the decision (in response to employee’s grounds for appeal)

an explanation for why the business grounds for refusal apply.

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Appendix 2


Flexible Working Arrangements – Confirmation of Receipt Form

Dear (insert Employee name) I acknowledge receipt of your formal application requesting flexible working on: …………………. (add date request received by Manager). I will arrange to meet and discuss your application as soon as possible. You are entitled to be accompanied at the meeting by a work colleague or a trade union representative. Please let me know as soon as possible whether you intend to be accompanied and provide their name, designation and contact details. If you have any queries, please do not hesitate to contact me at your earliest opportunity. Yours sincerely Manager

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Appendix 3


Flexible Working Arrangements – Extension of Time Limit Form Dear (insert Employee name) I wish to extend the amount of time that the regulations allow me to consider and conclude your formal flexible working request (3 months): I wish to extend the time limit to ( ) months. This means that I will have until (insert date) to complete the necessary action. The extra time is required for the following reason (insert reason) If you agree to this extension, please sign below and return it to me, retaining a copy for your own records. Sign: Date :

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Appendix 4 The Newcastle upon Tyne Hospitals NHS Foundation Trust

Example Procedure for the Conduct of a Flexible Working Appeal

All attendees shall introduce themselves by name and title, and give the reason for their attendance. The process for the hearing shall be explained, and adjournments shall be permitted where necessary. The purpose of the appeal is to determine whether due process was followed in respect of a flexible working request and whether it was properly considered. The reason(s) for refusal of the request:

a) Management shall present their case in the presence of the appellant and their representative and may call witness (es).

b) The appellant or their representative shall have the opportunity to ask questions of management and their witness (es).

c) The person(s) hearing the appeal shall have the opportunity to ask questions of the management or their witness (es).

d) Management shall have the opportunity to re-examine their witness (es) on any matter referred to in their examination by the person(s) hearing the appeal, the appellant or their representative.

The reason(s) for appeal: e) The appellant or their representative shall put their case in the presence of

management explaining their grounds for appeal and may call witness (es). Any evidence to support the appeal, including witness statements that are relevant, should be provided a minimum of three working days before the appeal hearing.

f) Management shall have the opportunity to ask questions of the appellant, their representative and their witness (es).

g) The person(s) hearing the appeal shall have the opportunity to ask questions of the appellant, their representative and their witness (es).

h) The appellant or their representative shall have the opportunity to re-examine their witness (es) on any matter referred to in their examination by the person(s) hearing the appeal or management.

i) The person hearing the appeal shall ask the appellant if they feel they have had a fair hearing. If the appellant feels they have not, the person hearing the case shall ask them for details and address the issues.

Summing up the case: j) Management and the appellant or their representative shall have the opportunity to

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sum up their case if they so wish. The appellant or their representative shall have the right to speak last. In summing up, neither party is permitted to introduce new matters.

k) Nothing in the foregoing procedure shall prevent the person(s) hearing the appeal from inviting either party to elucidate or amplify any statement they may have made, or from asking them such questions as may be necessary to ascertain whether or not they proposes to call any evidence in respect of any part of their statement, or alternatively whether they are in fact claiming that the matters are within their own knowledge, in which case they will be subject to examination as a witness under (b) or (f) above.

l) The person(s) hearing the appeal may at their discretion adjourn the appeal in order that further evidence may be produced by either party to the dispute or for any other reason.

m) Management, the appellant and their representative shall withdraw.

n) The person(s) hearing the appeal and the officer acting as secretary shall deliberate in private. If any clarification is required on the evidence already given, both parties shall be recalled to the hearing regardless of whether the point giving rise to doubt requires response from only one party.

Communicating the Decision o) The employee shall be informed in writing of the outcome of the appeal as soon as

possible, and normally no later than 14 days after the hearing. The decision shall be final and there shall be no further right to raise the matter within the Trust. (The timescale for notification of the decision can be extended subject to agreement and completion of the appropriate documentation).

IMPORTANT NOTE Management in the context of this procedure may be the line manager i.e. the officer who made the recommendation regarding the flexible working request, or the Directorate Manager/Head of Department/Clinical Director who provides final authorisation of the recommendation. Alternatively, the case may be presented by HR.

The Newcastle upon Tyne Hospitals NHS Foundation Trust Equality Analysis Form A

This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. PART 1 1. Assessment Date: 19th March 2019 2. Name of policy / guidance/ strategy / service development / Investment plan/Board Paper:

Flexible Working Arrangements Policy

3. Name and designation of author:

Ms Karen Pearce, Senior HR Manager - Projects

4. Names & Designations of those involved in the impact analysis screening process:

EPPCG

5. Is this a: Policy X Strategy Service Board Paper

Is this: New Revised X

Who is affected: Employees X Service Users Wider Community 6. What are the main aims, objectives of the document you are reviewing and what are the intended outcomes?

(These can be cut and pasted from your policy)

This policy clarifies what flexible working arrangements are available within the Trust and the process to be followed in setting

them up and running them. Although intended to be comprehensive it may not cover every issue that relates to a particular set of

circumstances. For further information, please contact the Human Resources Department.

7. Does this policy, strategy, or service have any equality implications? Yes No X

If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons:

See below

8. Summary of evidence related to protected characteristics Protected Characteristic

Evidence What evidence do you have that the Trust is meeting the needs of people in all protected Groups related to the document you are reviewing– please refer to the Equality Evidence within the resources section at the link below: http://nuth-vintranet1:8080/cms/SupportServices/EqualityDiversityHumanRights.aspx

Does evidence/engagement highlight areas of direct or indirect discrimination? For example differences in access or outcomes for people with protected characteristics

Are there any opportunities to advance equality of opportunity or foster good relations? If yes what steps will be taken? (by whom, completion date and review date)

Race / Ethnic origin (including gypsies and travellers)

The policy includes a statement confirming all staff are eligible to apply for flexible working. 4.41% of staff submitted an application for flexible working from April 2017 to March 2018. 632 applications were received between April 2017 to March 2018 and of these applications 608 were approved. 2.41% of staff who identified as BAME submitted an application for flexible working and of these applications 2.24% were approved and 0.17% was rejected. 4.39% of staff who identified as White submitted an application for flexible working however there were also 0.17% applications rejected.

No No

Sex (male/ female)

Of the requests accepted, 1.5% of staff identified as Male and 5% identified as Female. National evidence suggests that the majority of employees working flexibly are female and the results are therefore not unexpected. However it does confirm Trust policy is used by both male and female staff. Of those rejected 0.06% were male and 0.20% were female.

http://nuth-vintranet1:8080/cms/SupportServices/EqualityDiversityHumanRights.aspx

http://nuth-vintranet1:8080/cms/SupportServices/EqualityDiversityHumanRights.aspx

Religion and Belief

No concerns were highlighted following a review of local data. There was minimal differentiation between the different religions and number of applications were which submitted, accepted and rejected.

Sexual orientation including lesbian, gay and bisexual people

5.44% of staff identifying as LGBT submitted requests and of these applications 5.02% were accepted. 4.76% of staff who identified as heterosexual submitted requests and of these 4.6% were accepted.

The monitoring data in ESR in relation to sexual orientation has 29.39% of null records. An action has been added to the equality action plan to look at ways to cleanse the data however the percentage of null records is decreasing annually.

Age

No concerns were highlighted following a review of local data.

Disability – learning difficulties, physical disability, sensory impairment and mental health. Consider the needs of carers in this section

No concerns were highlighted following a review of local data. 4.6% of applications were accepted for staff identifying as not having a disability and 4.69% of applications were accepted from staff identifying as having a disability.

The monitoring data in ESR in relation to disability has 29.7% of null records. An action has been added to the equality action plan to look at ways to cleanse the data however the percentage of null records is decreasing annually.

Gender Re-assignment

There is no local / national data available – more generically the Trusts Gender Identity Group have confirmed the Trust (public bodies) are seen by the Trans community as inclusive employers

The Trusts has a gender identity group and has developed a number of gender identity specific resources

Marriage and Civil Partnership

The policy makes it clear that discrimination on the grounds of marriage and civil partnership is not acceptable and all employees will be given equal consideration to special leave.

Maternity / Pregnancy

The policy makes it clear that discrimination on the grounds of maternity/pregnancy is not acceptable and all employees will be given equal

consideration to special leave.

9. Are there any gaps in the evidence outlined above? If ‘yes’ how will these be rectified?

No

10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact the Equality and Diversity Lead or the Involvement and Equalities Officer. Do you require further engagement Yes No X

11. Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and

family life, the right to a fair hearing and the right to education?)

No

PART 2 Name of author:

Karen Pearce

Date of completion

19th March 2019

(If any reader of this procedural document identifies a potential discriminatory impact that has not been identified, please refer to the Policy Author identified above, together with any suggestions for action required to avoid/reduce the impact.)