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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.