Annualised Hours:
What should the manager do when agreeing annualised hours?
- The manager should agree with the employee specifically when these hours are to be worked.
- The manager should inform the Payroll Team via an assignment change form when they agree an annualised hours arrangement with an employee and ensure that a change is made to their contract of employment.
Employment Break:
A manager has agreed to grant an application for an Employment Break, what do they do now?
- The manager must complete an assignment changes form to confirm the start and end date of the Career Break and send this to the Payroll Team. The incremental credit is stopped during the employment break period but will be restarted upon return of the employment.
An employee has applied for an Employment Break, but the manager does not feel that the service can accommodate it - can the manager turn down the application?
- Yes. All applications will be considered on their individual merit taking into account the interests of the service and the ability to offer suitable employment after the break.
Can an employee undertake paid work for another organisation whilst on an Employment Break?
- An employee on a career break is not allowed to work for another organisation. However, they may work in a developing country under the sponsorship of the Ministry for Overseas Development or they may undertake voluntary work.
- If a manager discovers an employee is undertaking paid work for another organisation contrary to the above, they will need to investigate further under the organisation's Disciplinary Policy.
Does the period that an employee is on an Employment Break count towards their service in terms of their annual leave entitlement?
- No, the Career Break will not itself count as reckonable service - therefore the length of time (e.g. 6 months) will not count towards extra annual leave entitlements, redundancy calculations or towards pensionable service. For further information please refer to the NHS Terms and Conditions of Service Handbook.
How does an employee apply for the Employment Break scheme?
- The employee needs to make their request for this leave in writing to their line manager. All breaks are subject to an agreement between the manager and the employee before the break begins.
How much NHS service must a member of staff have to be eligible to apply for an Employment Break?
- Employees must have a minimum of 12 months NHS service to be eligible to apply for an Employment Break.
What do the employee and manager need to do when the Employment Break is coming to an end?
- For breaks less than 1 year, employees must confirm their intention to return in writing to the manager at least 2 months before the scheduled return date.
- For breaks more than 1 year, employees must confirm their intention to return in writing to the manager at least 6 months before the scheduled return date.
- The manager must complete a assignment changes form and send this to the Payroll Team to add the employee back on to the Trusts payroll.
What is the minimum and maximum length of break an employee can take under the Employment Break Scheme?
- Under the Employment Break Scheme, a member of staff can take a minimum break of 3 months and a maximum break of 5 years.
Will the employee return to the same job after taking the Employment Break?
- The employee may return to the same job if the break is less than 1 year, as far as is reasonably practical. If the break is more than 1 year the employee may return to a similar job if the same job is unavailable.
Flexible Working
A manager has internally recruited an employee who has a flexible working arrangement in their current department. Will this need to be honoured?
- No, flexible working arrangements apply to the role undertaken and not to the individual employee - therefore any existing arrangements do not automatically transfer over with the employee to the new role.
- It is the employee’s responsibility to discuss the possibility of flexible working within their new role with their new manager, and to submit a flexible working request as per procedure.
- Please refer to the relevant Policy for further guidance.
A manager has received a completed flexible working application form. What should they do next?
- The manager must meet with the employee to discuss their application within 28 days of receiving their request (unless they have agreed to an extension).
- The employee has the right to be accompanied by a trade union rep or a workplace colleague should they wish.
- During the meeting the manager should discuss the details of the employee's request including any difficulties they can foresee in accommodating it. The manager should take this opportunity to discuss all possible alternatives (if required).
- The manager should also make the employee aware of the impact this change would have on their salary, holiday entitlement, pension and other benefits.
- It is critical that the employee understands the change (if approved) is a permanent change of contract. Therefore, if they decide for any reason that they want to revert back to their previous working arrangement, they need to re-apply. There is no entitlement for the manager to agree, only to consider the request.
- Any application for a temporary flexible working request would be considered under the same process as a request for permanent flexible working.
- Due to service needs managers may not be able to agree a permanent fexible working request but as an alternative managers may agree to the changes on a temporary basis.
- Once the manager has completed this stage, they must complete the relevant section of the Application form.
- If the manager cannot agree to the employee's request they must ensure they are informed of the decision in writing within 14 days.
- A copy of the completed application form and any written correspondence should be kept on the employee's personal file.
- An appeal stage is available to employees and the appeal must be lodged within 14 days of receipt of the decision.
- Once a permanent change has been agreed to an employees terms and conditions they cannot re-apply to request further changes for another 12 months.
A manager has recently refused a flexible working request. Can the manager tell the employee not to appeal against the decision?
- No, an employee has a right to appeal even if the manager believes the decision is a foregone conclusion.
- If the employee wishes to appeal, they have to do so within 14 working days.
- The manager should advise the member of staff of their right to appeal, and also give the name of the senior manager to whom they should address their appeal.
- The senior manager will need to hold an appeal hearing within 14 working days of receiving the appeal letter.
- The employee has the right to be accompanied by a trade union rep or a workplace colleague at the hearing.
- The manager will need to be present to explain their reasons for refusing the request.
- Wherever possible it is expected that resolutions will be presented by the senior manager at this meeting, however, where further investigation is required, this will be conducted as quickly as practicable, and another meeting arranged.
A manager has responded to a flexible working request. What should they do next?
- Any agreed changes to contracted hours will need to be actioned by completing a assignment changes form, which will facilitate an amendment to the employees terms and conditions. This form will then be submitted to the Payroll Team to ensure the necessary payroll adjustments are made.
- The manager must keep the application form and all relevant correspondence on the employee’s file.
Can a manager rely on any grounds for refusing a request?
- There are certain specific grounds for a manager to refuse a request and that reason must fall under one of the categories. If it doesn’t, then the manager cannot refuse the request.
- Most of the reasons are self explanatory and relate to either service needs, the cost of the new arrangement or the difficulty in fitting it in with existing staffing levels and working patterns.
- A manager cannot refuse a request on grounds of age, gender, race, disability, sexual orientation, religion or belief.
- Please refer to the relevant Policy for further guidance.
Does a manager have to prioritise some requests over others?
- Yes, if the employee is making the request to care for a child under 16 or a child with a disability under 18, who receives Disability Living Allowance (DLA), or is the carer of a dependant, the manager has to prioritise their request over another employee’s. This includes those who care for a spouse, civil partner, relative of employee, or someone that lives at the same address.
- However, this does not mean that the manager has to agree to this type of request, nor that they have to change the working arrangements of other employees to accommodate the request.
- Please refer to the relevant Policy for further guidance.
What action should a manager take if an employee submits an application form requesting to change their hours but then withdraws it?
- No action is required. However, the manager should talk to the employee to ask the reason why they have withdrawn their application, if only to reassure them that they are open to flexible working requests.
- Alternatively, if the employee fails to attend a meeting with their manager, with no warning, the manager may presume they wish to withdraw their request.
Who can ask to work flexibly?
All employees can request to work flexibly, as long as:
- They haven’t made another request in the previous 12 months in their current post
- They are not employed on an honorary contract.
Who would be considered as a relative under the right to request flexible working?
- 'Relative' for these purposes means a mother, father, adopter, guardian, son, daughter, sister, brother, uncle, aunt, or grandparent.
- Step-relatives, in-laws, adoptive relationships and half-blood relationships and those caring for an adult living at their home address are also included.