A University Teaching Trust

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Flexible working options policy

Version Number: Version 3

Name of Originator/Author: Deputy Director of Workforce and Organisational Development

Name of Responsible Committee: Joint Negotiating and Consultation Committee and Policy

Development Group

Name of Executive Lead: Debbie Hodkinson

Date V1 issued: 2007

Last Reviewed: October 2014

Next Review date: October 2017

Scope: Trust wide or specific Care Group or Service or Team

MMHSCT Document Code: HR 29

A University Teaching Trust

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Document Control Sheet

Type of Procedural Document

Policy Specific Category / Directorate

Human Resources

Document Purpose To provide a fair, consistent and effective process for employees to utilise the flexible working options detailed within this policy where applicable and appropriate, and for managers to consider flexible working applications fairly. The Trust will ensure that employees are informed of their rights during employment, regardless of their length of service and whether they are full or part time, so that they can make an informed choice as to whether to request any of the available flexible working options during their employment with the Trust.

Consultation Policy Development Group/Joint negotiating and Consultation Committee

Approving Committee IRM&CGC Approval Date TBC

Ratification and Date Trust Board Date of Ratification: TBC

Procedural Documents to be read in conjunction with this document:

Retirement Policy Special Leave Policy

Maternity, Paternity and Adoption Leave Policy.

Training Needs Analysis Impact

There are no Training requirements for this procedural document

Financial Resource Impact

There are no Financial resource impacts

Document Change History

Changes to this document in different versions must be detailed below. Rationale for the change should also be given

Version Number / Name of procedural document this supersedes

Type of Change i.e. Review / Legislation / Claim / Complaint

Date Details of Change and approving group or Executive Lead (if done outside of the formal revision process)

Version 1 Version 2

Review Review

June 2012 September 2012

Original policy NHSLA Assessment

Please ensure that any external references used in the creation of this document are entered as the final section of this procedural document.

External References have been included in the body of the Procedural Document YES √ NO N/A

Privacy Impact Assessment submitted?

Please ensure this is completed this at

each consultation stage: Any issues? None

YES Date:June 2012, September 2012

Fraud Proofing submitted?

Please ensure this is completed this at each consultation stage:

Any issues ? None

YES Date: September 2012

Policy authors are asked to consider each of the nine protected characteristics under the Equality Act 2010. We expect you to demonstrate that throughout the policy process you have had regard to the aims of the Equality Duty: 1. Eliminate unlawful discrimination, harassment and victimisation and any other conduct prohibited by the Act; 2. Advance equality of opportunity between people who share a protected characteristic and people who do not

share it; and 3. Foster good relations between people who share a protected characteristic and people who do not share it.


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Please provide a brief account of how you have done this, further work to be completed and any support you have had in considering the aims and working in compliance with the Equality Duty. If you are unclear on how to do this or would like further advice and support then you may contact [email protected]. It is the responsibility of the approving Committee/group/meetings to ensure this statement reflects the Trusts objectives and position with compliance as set out within the NHS Equality Delivery System

Please confirm that the statement below is correct. If not please indicate why? YES This procedural document is broad and the scope is Trustwide so complies with the Trust’s Equality Delivery Service In line with the Trust values can this Procedural Document be published on the Trust’s External Website.

YES

NO √

It is the Authors responsibility to ensure all procedural documents comply with the Trust values

If you are unclear on any of the requirements in the document control sheet then please email

[email protected] before proceeding

mailto:[email protected]


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Monitoring and Compliance Requirements Sheet (This section MUST be completed by the Author without exception). This section

demonstrates the Trust’s commitment to Continuous Improvement and Lessons Learned from Incidents, Reports from the

Coroner or other External Agencies and will be submitted as evidence as required.

NB: If you have selected audit you should complete the required audit registration form and standards document and submit these with your expected timescales for completing the audit to

[email protected] as soon as possible and no later than 4 weeks prior to the audit commencing.

The Group / Committee should also ensure the monitoring work is added to their yearly schedule of monitoring and action logs as appropriate.

Minimum Requirement/Standard/Indicator to be monitored and Section of Document it appears

Process for monitoring

Responsible Individual Frequency of

Monitoring

Responsible Committee/Group/meeting for review of results / action

plan approval / implementation

Comments

1 Please state how different aspects (standards) of the effectiveness of this Procedural Document will be monitored. If more than one standard, please enter the details in the rows below (as appropriate)

Audit or review or reports to committees or meetings

Please enter the title of the person(s) who will be undertaking this task.

Please enter how often e.g. monthly or 6 monthly or annually

This will normally be the Integrated Risk Management and Clinical Governance Committee. If it is different specify.

2 The implementation of the policy will be monitored through DATIX Incident Report

Monthly HR Business Partner monthly Workforce and Organisational Development Committee

3

4


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Table of Contents

Section Description Page

Number

1 Policy Context Page 6

2 Supporting References Page 6

3 Purpose of the Policy Page 6

4 Scope Page 6

5 Equality Statement Page 7

6

4.1 The

Director

of

Workforc

e and

Organisa

tional

Develop

ment

4.2 The

Manager

’s

Responsi

bilities

4.3 The role

of the

Trust’s

Designat

ed

Officers

4.4 The role

of the

Trust’s

Board

Secretary

Duties and Responsibilities within the Organisation Page 7

7 Legal Context Page 8

8 Considering Flexible Working Requests Page 9

9 Procedure for Requesting Flexible Working Arrangements Page 10

10 Job Share Page 11

11 Part Time Working Page 13

12 Term Time Only Working Page 14

13 Flexi-Time and Time Off in Lieu Page 15

14 Annualised Hours Page 17

15 Compressed Hours Page 19

16 Home Working Page 19

17 Career Break Page 21

18 Further Information & Useful Links Page 25

APPENDICES

Appendix 1 Flexible Working Application Form (FWA) Page 26

Appendix 2 Flexible Working Manager’s Response Form (FWR) Page 29

Appendix 3 Career Break Application Form (CBA) Page 32

Appendix 4 Career Break Application Response Form (CBAR) Page 34

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Flexible working options policy

1. Policy Context

1.1 The Trust operates under the principle that staff need to be at work when the people who use

our services need care or, if an employee works in a support function, when the part of the Trust

they are supporting is most likely to be at work.

However, the Trust also recognises that flexibility within the workplace is important for both staff

and service delivery. In many cases flexible working arrangements can enhance patient care and

improve the services the Trust provides.

1.2 In particular, an employee’s personal circumstances may change during their time in

employment, requiring them to change their working pattern to enable a balance between work

and home life. Perhaps on the birth of a baby, when a child reaches school age, to accommodate

caring responsibilities for ageing relatives or other dependents, or to meet other personal

commitments such as undertaking further education or voluntary work.

2. Supporting References

2.1 In developing this policy and the accompanying procedure the following legislation and

documentation has been duly considered:

Department of Health Guidelines on “Improving Working Lives” and the associated programmes for change

Agenda For Change Terms and Conditions

Employment Rights Act 1996

The Equality Act 2010

3. Purpose of the Policy

To provide a fair, consistent and effective process for employees to utilise the flexible working

options detailed within this policy where applicable and appropriate, and for managers to

consider flexible working applications fairly. The Trust will ensure that employees are informed of

their rights during employment, regardless of their length of service and whether they are full or

part time, so that they can make an informed choice as to whether to request any of the

available flexible working options during their employment with the Trust.

4. Scope

This policy applies to all employees of Manchester Mental Health and Social Care Trust and to all

those currently employed by the Trust who have transferred into the organisation under TUPE

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regulations.

5. Equality Statement

5.1 This procedure will be applied fairly to all employees regardless of race, ethnic or national origin,

colour or nationality; gender; marital status; disability; sexual orientation; religion or belief;

length of service, whether full or part-time or any other irrelevant factor.

5.2 Where there are barriers to understanding; e.g. an employee has difficulty in reading or writing

or where English is not their first language, additional support will be put in place wherever

necessary to ensure that the process to be followed is understood and that the employee is not

disadvantaged at any stage in the procedure. Further information on the support available can be

sought from the HR Department.

5.3 As part of its development, this policy and its impact on equality have been reviewed

inconsultation with the Recognised Staff Organisations and in accordance with the Trust’s Single

Equality Scheme. The purpose of the assessment is to minimize and if possible remove any

disproportionate impact on employees on the grounds of race, sex, disability, age, sexual

orientation or religious or other belief.

6. Duties & Responsibilities within the Organisation

6.1 The Director of Workforce and Organisational Development

The Director of Workforce and Organisational Development will oversee the introduction, operation and monitoring of the Flexible Working Options Policy and Supporting Procedure.

6.2 The Human Resources Department

The HR Department will provide advice to employees and managers in relation to the application

of this policy and supporting procedures. Additionally, the HR department will process ESR

documentation relating to agreed flexible working arrangements.

6.3 Managers’ Responsibilities

Managers are required to act fairly and consistently, ensuring that the policy and procedure are

disseminated to employees and are understood and observed by all employees. This includes:

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Considering seriously, fairly and consistently all requests for flexible working in line with

service need.

Ensuring that the employee is fully informed of the reason/s for the decision made

regarding their request for flexible working and informed of their right of appeal.

Assisting the employee, where necessary with completion of the flexible working

application documents.

Signposting employees to other policies or departments for support and advice where

appropriate.

Acting in accordance with health and safety regulations when considering flexible

working requests.

Maintaining contact with employees who are on an agreed career break.

Seeking advice from the relevant HR Business Partner where necessary.

6.4 Employees’ Responsibilities

Employees have a duty to comply with the policy and procedure for making a flexible working

request. If an employee has any questions relating to this policy, they should raise them with

their line manager in the first instance. Additionally employees should:

Ensure completion of the relevant form when applying for any flexible working option, including enough detail to enable the manager to consider the request fully.

Be willing to have an open discussion about their request or the outcome of which with their manager.

Provide their manager with the relevant notice and documentary evidence within the required timescales, as outlined in the procedure.

7. Legal Context

7.1 From June 2014 the legal right to request flexible working has been extended to all eligible

employees. Flexible working requests can be made for any reasons.

Before June 2014 the right only applied to the parents of children under 17 or 18 in the case of

parents of disabled children or to those caring for an adult. Now any eligible employee can apply

to work flexibly for any reason.

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7.2 Qualifying Criteria for Statutory Flexible Working Requests

To be eligible to make a statutory flexible working request, a staff member must:

Be an employee of the Trust

Have worked for the Trust continuously for at least 26 weeks on the date they make the

request

Have not made another statutory request during the past 12 months

Therefore, an employee cannot make more than one statutory request for flexible working in any

12 month period. Accurate record keeping of flexible working documents in staff personal files

should enable a manager to easily ascertain whether a statutory request has been made in the

last 12 months.

8. Considering Flexible Working Requests

8.1 The statutory right to request flexible working does not mean that a request must be

immediately granted at the expense of the service. It does however require managers in the

organisation, when dealing with a flexible working request on any of the above grounds, to

seriously consider all of the options available and to meet with the staff member to discuss the

possibilities.

The Trust recognises the importance of work life balance and flexible options for all staff groups.

As such the flexible working options in this policy are available to all staff in the Trust to discuss

with their manager, regardless of their status.

8.2 Some patterns of work may not be suitable for all posts because operational demands may mean

that it is not feasible. The options detailed in this policy will not be suitable or appropriate for

every situation. The needs of the service must be considered along with the needs of the

individual, therefore if the service cannot accommodate a particular flexible working request,

then the manager is not obliged to grant it and a compromise should be sought where possible.

8.3 Managers and staff should talk through the options in detail, thinking through different ways of

working flexibly within the needs of the particular service. Where possible, short term trial

periods can be organised in order to assess how proposed different working patterns can support

the employee’s needs whilst ensuring that the proposed change is not in any way detrimental to

the service being provided.

If both managers and their staff work collaboratively and can be flexible in the way they think

with regard to meeting individual requirements and service need, it is more likely that a suitable

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option will be found that is appropriate for everyone. It is hoped that clarifying the different

options available will enable both managers and individual staff members to discuss and

implement, where possible flexible methods of working that will ultimately benefit our staff,

services and service users.

9. Procedure for Requesting Flexible Working Arrangements

9.1 Any employee wishing to take up any of the flexible working options detailed in this policy, (with

the exception of Career Break applications) must first approach their manager to discuss the

option and complete the Flexible Working Application (FWA) form in Appendix 1 of this policy.

Managers have a duty to consider the request seriously and work with the employee to discuss

how the proposed working pattern can meet the needs of the service. Employees have a duty to

consider how their proposal would affect the service and colleagues and to complete all sections

of the application form.

9.2 As previously explained, not all jobs are appropriate for the options listed within this policy.

There will be circumstances where a request cannot be accommodated. If a manager is finding it

difficult to accommodate a request and is considering refusing the proposed working pattern,

they can contact the HR Business Partner for their service area for advice and support.

9.3 Manager’s Response

Once an application has been received, managers must review the request, taking advice where

necessary. Managers must meet with the employee to discuss the request and work through

options within 28 days of its receipt.

Within 14 days of the meeting, the employee should receive a written response, stating that

they have 14 days in which to appeal against any decision, should they wish to do so.

Once a decision has been reached, managers should complete the manager’s response form

(FWR) in Appendix 2 of this policy to confirm the decision reached after meeting with the staff

member and consideration of the circumstances. On the form the manager will either accept the

request and set a start date and any other action; confirm a compromise agreed at the meeting

or reject the request, together with notification of the process to appeal the decision.

9.4 Application Accepted

If the flexible working application is accepted, the manager will include the details of the

arrangement on the manager’s response form (FWR), including the start date and any other

actions and complete an ESR form where the flexible working option agreed constitutes a change

in hours of work and/or pay. Where appropriate, the ESR form is to be submitted for processing

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with a copy of the FWR form attached. The start and end date of any temporary arrangement

should be clearly articulated on both the FWR form and any accompanying ESR documents.

A copy of the manager’s response form (FWR) must be placed on the employee’s personal file for

future reference, together with any related ESR documentation.

9.5 Application Rejected

If the flexible working application is rejected, the manager will include a detailed description of

the reason/s for rejecting the request and evidence the service delivery requirements on which

the decision to reject has been made. If a request is not granted, all staff have the right of appeal

against the decision. To appeal against a flexible working application decision, the employee

should write to the next in line manager of their manager who made the decision, stating the

reason for appeal and enclosing a copy of both the flexible working application form (FWA) and

the manager’s response form (FWR) within 10 working days of receipt of the manager’s

response.

The appeal manager will then look at both the employees application in full and the managers

reason for rejecting the application and will meet with one/both parties if further information is

required. The appeal manager will then make their decision to uphold the appeal or not and will

inform both parties of their decision within 10 working days.

9.6 Compromise Agreed

If a compromise arrangement has been discussed and agreed in the meeting between the

manager and employee, the manager will include the details of the agreed arrangement on the

FWR form and complete an ESR form where the agreed compromise constitutes a change in

hours of work and/or pay. Where appropriate, the ESR form is to be submitted for processing

with a copy of the FWR form attached. The start and end date of any temporary arrangement

should be clearly articulated on both the FWR form and any accompanying ESR documents.

A copy of the manager’s response form (FWR) must be placed on the employee’s personal file for

future reference, together with any related ESR documentation.

10. Job Share

10.1 What Is It?

Job sharing provides opportunities for employees who cannot work full time, but who are

employed in a post which needs full time cover. The full time job is split in two, with one person

working one half of the job and the other person working the other half. The job share partners

accept the full responsibilities and objectives of the whole job and share its rewards equally or on

a pro-rata basis, if appropriate to the differing proportions of the post’s hours.

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Job sharers may be required to cover their job partner’s annual leave and may be asked to cover

their partner’s sickness absence, if at all possible, taking time in lieu at a later date.

Hours of work on a job share are usually split 50:50 between the two employees but this can be

done in a variety of ways- for example:

One person works all day on Monday, Tuesday and on Wednesday morning, and the other

works Wednesday afternoon, Thursday and Friday.

One person works mornings and the other works afternoons.

One person works one full week and the other works the next full week.

10.2 Important Points

Job Share requires a flexible approach and the conditions of employment need to be determined

carefully and defined clearly in the contract of employment. Each partner in a job share will have

an individual statement covering the main terms and conditions of service plus cover

arrangements and the procedure which will apply when one partner leaves.

In the event of one job share partner ceasing to continue in the partnership, the hours of work

previously undertaken by that person shall be offered to the other on a full-time basis. Where

this is not feasible or not accepted by the job share partner, the Trust will take reasonable action

to recruit another job share partner by use of its recruitment and selection procedure. Failure to

recruit a suitable candidate will result in a review of the job share arrangement in the interest of

both the remaining partner and the Trust.

Job Share is not ‘part-time’ working, and therefore the job sharers are responsible for the whole

job including keeping each other up to date on developments and handing over work, according

to the objectives of the post.

Changing to a job share arrangement will not affect continuous service when qualifying for long

service annual leave at 5 years and 10 years.

10.3 How it Works

Please refer to section 9 of this policy for the Procedure for Requesting Flexible Working

Arrangements.

If an employee would like to job share they should first discuss this with their manager. This

discussion should ideally take place at least three months before the employee wishes to begin

the job share. An existing employee does not necessarily need to find a job share partner, but

clearly it is beneficial if they can do so. Managers will need to review the job description and

instigate formal recruitment procedures. This will still need to happen even if the current job

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holder has identified a candidate, to determine whether the proposed job share partner is

suitable for the post.

If no job share partner is identified by the employee, an advertisement will be placed for a job

share partner and the normal recruitment and selection process will be followed. There is no

guarantee that a suitable person will be found and therefore alternative flexible working options

may need to be considered.

Managers should review the duties of a post when a vacancy occurs and consider whether job

sharing is a possibility. Decisions need to be made as to how the duties can be divided between

the job sharers and, if necessary, a new job description drawn up prior to advertising.

For more information please refer to Further Information & Useful Contacts in section 20 of this

policy.

11. Part Time Working

11.1 What Is It?

Part time working can take many forms. It is in essence a reduction in the number of hours a

person works within the same job and grade. Part time hours may vary from just a few hours to

over 30 hours per week. Some members of staff work just weekends, others work a variety of

hours to fit in with personal circumstances. Part time working can help with caring commitments,

increase leisure time and help employees who are undertaking studies balance their home and

work life.

11.2 V- Time: Temporary Part Time Working

Part time working does not have to be a permanent change. There is a short term version of part

time working called V-Time working. This means voluntary reduced working for a specified period

of time.

This is usually to enable employees to manage caring commitments or other personal

circumstances. For example, to work flexibly after a period of maternity leave or a temporary

reduction to enable your child to settle into school, to enable an employee to readjust to the

working environment following a period of long term sick leave and a phased return to work, or

to undertake an educational course.

During this period, as with permanent part time working, pay and annual leave are reduced

proportionately. V-Time periods can last up to five years, however in most cases six months or

one year are the typical periods requested.


Part time staff receive pro-rata benefits such as pay, annual leave and public / bank holidays. This

means that employees who move from full time hours to part time hours will notice a change in

salary.

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Changing to a part time arrangement will not affect continuous service when qualifying for long

service annual leave at 5 years and 10 years. Furthermore changing to part time does not affect

grade. Staff will not be downgraded purely in order to change to part time working.

By changing hours and reducing salary even on a temporary basis, any benefits received (such as

Working Family Tax Credits) May be affected. Employees should seek advice from benefit

providers before making any changes in their hours.

If any employee is concerned as to how this will affect their pension, they can find contact details

for the Trust Pensions Advisor in Further Information & Useful Contacts in section 20 of this

policy.

11.4 How it Works


Arrangements.

In considering an application for part time working, managers will need to review the job with

the staff member, discussing how the job could be redesigned to accommodate part time

working and if this is possible. This could include discussion with other stakeholders as to how

the job can be changed, eg. a Medical Secretary wishing to work part time may discuss with the

Consultant how and when work will be given to them to see if the new arrangements can fit in.

If asking for V-Time working, the duration of the changed arrangements must be agreed before

the new working pattern commences.


policy.

12. Term Time Only Working

12.1 What Is It?

Term time working is for staff who only wish to work during school term time. It is essentially an

agreement to allow an employee extended unpaid “holiday” and that this leave will coincide with

school holidays.

Term time contracts can be full time (37.5 hours per week, during school term times) or part time

(eg. 20 hours per week, during school term times).


For employees on a term time contract, salary payments will be distributed equally over the

twelve months. As with part time working, employees would notice a reduction in their salary.

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Staff are advised to check how this change would affect any benefits they may be in receipt of

before changing to this kind of contract. (Employees should note that pay and tax can be affected

if the salary is not arranged in equal parts)

Employees on this type of contract would not be allowed to take annual leave during term-time,

as the individual’s annual leave and bank holiday entitlement is incorporated into the school

holiday periods. Changing to a term time arrangement will not affect grade.

For more details and to gain a calculation for the 12 monthly payments, managers are advised to

contact the Payroll department on receipt of a request for term time only working.

If any employee is concerned as to how this will affect their pension, they can find contact details

for the Trust Pensions Advisor in Further Information & Useful Contacts in section 20 of this

policy.

12.3 How it Works


Arrangements.

Term time working is usually most relevant for parents of school children, but depends on the

activities of the team of the composition of the team itself being able to allow for these extended

periods of unpaid leave without disrupting service provision.

Both the manager and the staff member will need to consider together the effect the extended

leave periods will have on the service, what cover should be provided and how to work around

this.

If the position does not lend itself to term time working, then the manager should discuss other

flexible working options with the employee, such as job share or flexitime. If no flexible working

options can be accommodated within the needs of that particular service and the procedure to

appeal against the manager’s decision has been exhausted, then as a last resort redeployment to

an alternative role in another area of the Trust can be explored.


policy.

13. Flexi- Time & Time Off in Lieu

13.1 What Is It?

Flexi- Time and associated Time Off in Lieu (TOIL) allow staff to vary their actual working hours

outside certain core times each day. Usually this means staff can vary their start and finish times

to suit domestic responsibilities, travel arrangements or for work reasons.

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Employees choose their own start and finish times around the fixed core hours determined by

the manager of the service. It is a flexible way of arranging the employee’s working hours over

the working week.


Unlike other options, flexi-time does not mean a reduction in contractual hours. This means that

there are no salary or annual leave implications for staff members who work under a Flexi-Time

arrangement.

There are many benefits for services and individual employees who adopt flexi-time working,

including:

Can reduce absenteeism and lateness

Enables extension of working hours to complete tasks where necessary

Can improve recruitment and retention of staff

Gives some scope to match peak staffing with peak demand for departments where the work

pattern is unpredictable

Staff are able to fit domestic commitments in around the start or finish of the ordinary

working day

Staff are able to miss the worst of the rush hour

Allows staff to work early or late when there are fewer interruptions

Staff are able to log extra hours worked and take time back later as TOIL

Staff are able to consolidate credit hours into a half-day or full day off

Flexi-time schemes work particularly well in office environments, rather than clinical areas and

are generally adopted within teams of staff, but can be on an individual basis as well.

13.3 How it Works


Arrangements.

Minimum staffing levels outside core hours would have to be agreed by the staff team prior to

the introduction of a flexi-time scheme and appropriate arrangements made for duties outside

core hours to be covered. Staff can build up a debit or credit of hours worked within each period

by recording the actual hours they work each day on an electronic timesheet. Most schemes

allow staff to consolidate extra hours worked into a day or half day off.

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Limits are set for how many debit or credit hours can be accrued into a half-day or day off. Staff should be able to take back, in full, all the agreed accrued time. Therefore staff should not owe or accrue more than 15 hours in any one month period, except in exceptional circumstances and with the agreement of the Head of Service.

TOIL should be taken within 3 months of its being agreed, unless there are exceptional circumstances. Managers should ensure that all TOIL is taken or any deficit made up by the end of the financial year, ensuring staff commence April with zero hours owing or accrued.

Consideration should be given by managers to any request from an appropriate staff group or

individual to operate a flexi-time scheme. However the needs of the service are always

prioritised.

Guidance for managers and staff and an example electronic timesheet for recording Flexi-Time

and TOIL is available on the staff intranet or via this link:

14. Annualised Hours

14.1 What Is It?

This method of working aims to achieve an even match between supply and demand for staff.

This works by distributing hours worked by staff to coincide with actual levels of need in the

department during the working year.

Annualised hours give organisations and staff extra flexibility to vary their patterns of work across

each year, according to service need and individual preference. This method of working may also

be appropriate for individual staff whose workload is particularly heavy at certain times of the

year and lighter at others.


Managers and staff will need to ensure that they work within regulations such as the European

Working Time Directive (EWTD). Managers who receive a request for this method of working can

speak to the HR Business Partner for their service area for advice and support.

Advice is also available from Occupational Health regarding how such a scheme may affect the

health and attendance of an individual.

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Introducing an Annualised Hours scheme for all staff at the same time may be counter-

productive and may have to be staged. Even within a team or department, it should be possible

to roll out a scheme by making it voluntary for existing staff who wish to participate and part of

the employment package for new recruits.

An Annualised Hours scheme operates differently to a flexi-time scheme. This means that staff

are not to build up debit or credit hours to be carried over to the next year.

14.3 How it Works


Arrangements.

Annualised Hours schemes are implemented with cooperation and agreement between both

manager and staff. Communication is very important if effective annualised hours schemes are to

be utilised.

Staff hours are calculated over the full year. A typical formula would be:

Number of weeks per year X Working Hours per Week

(Minus annual leave & bank holidays)

Once the number of hours to be worked over a year has been calculated, the member of staff

and the manager agree how the hours will actually be worked. This agreement is an ongoing

process, which is why communication is the key to effective implementation.

Agreements on pay (how it will be distributed over the year), annual leave arrangements and

other terms must be agreed in the team before the scheme operates. Advice can be sought from

the HR Business Partner for the service, recognised staff organisation representatives, the Trust

Pensions Officer and Payroll services.

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15. Compressed Hours

15.1 What Is It?

Working full time hours (eg. 37.5 hours), but compressing those hours into a shorter working

week than is considered traditional. This could mean working 4 long days to gain a day off each

week, without reducing pay or hours.


Employees undertaking this kind of working arrangement will not see a reduction in salary or in

annual leave entitlement. However depending on how they arrange their working week, they

could see a difference in how they use up their annual leave, for example in hours rather than

days.

Managers and staff will need to ensure that if a request for compressed hours is agreed, that

they are still working within regulations such as the European Working Time Directive (EWTD).

Managers who receive a request for this method of working can speak to the HR Business Partner

for the service for support and advice.

Advice is also available from Occupational Health regarding how such a scheme may affect the

health of an individual or if the manager develops any concerns about health issues.

15.3 How it Works


Arrangements.

Managers and staff will need to work together to discuss the affect this change will have in their

service and how the change can be implemented.


policy.

16. Home Working

16.1 What Is It?

Some jobs by their very nature can only be done in certain places, for example working on wards

or in clinics. However in some positions, staff may be able to complete some tasks from home or

a different location, for example report writing.

At this time the Trust has not undertaken a feasibility study to determine whether potentially

some jobs could be undertaken solely within the home environment. This section deals with

arrangements for ad hoc home working arrangements by prior agreement between employee

and manager.

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Employees undertaking this kind of working arrangement will not see a reduction in salary or in

annual leave entitlement as the same number of hours would still be worked. Only the location

where certain tasks are carried out will change.

Managers and staff will need to ensure that they consider all aspects of health and safety at work

legislation which include safe systems of work, IT security, working time regulations, home work

station assessments and confidentiality issues.

16.3 How it Works


Arrangements.

Some tasks could be undertaken from home on an occasional basis by prior agreement with the

manager, such as once per month or, if appropriate on an ad hoc basis for specific tasks. Again

this would need prior agreement with the manager.

Staff and managers would need to consider the type of work completed at home, when it would

be done and how often, whilst considering all the important points above.

Home working cannot generally be undertaken whilst caring for pre-school children, as this could

be difficult and disruptive for both the service and the employee.

If tasks cannot be undertaken at home, then some tasks may be undertaken from a different

location, for example a clinic or Trust site closer to the employee’s home if this is feasible.

When considering the requests both managers and staff need to consider:

Can the job or certain tasks be undertaken in a different location?

Would it be safe to complete the job/tasks in a different place?

Would it be detrimental to service delivery?

How can communication be maintained?

Would it be cost effective for the job/some tasks to be completed at home or a different

location?


policy.

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17. Career Break

17.1 What Is It?

In addition to the other types of leave, the Trust also provides a Career Break Scheme. The

purpose of the scheme is to provide all employees with the facility to maintain and develop

their careers in a way that is tailored to meet their individual needs and those of the Trust.

A career break may be used for the purpose of attending to family commitments such as

bringing up children or caring for a dependant. Career breaks may also be used in other

circumstances where it can be demonstrated that the skills and experience of the individual

will be enhanced, and/or the Trust will derive a benefit, e.g. undertaking academic study or

undertaking work abroad.

Under normal circumstances it is not expected that an employee will take up paid

employment whilst on a career break. Any employee who intends to work during their career

break must disclose this to their line manager.

The purpose of a career break is to retain experienced and skilled staff members, not to

enable a person to leave the NHS to work for another employer on a professional basis. In

the event of this occurring, the Trust will retain the right to terminate the career break

agreement.

A breach of the terms of a career break agreement by the employee may result in its

termination by the Trust and the withdrawal of the opportunity to return to work under this

scheme. Should conduct issues come to light during an agreed career break, including a

failure of the employee to return to work following the career break period, the case will be

considered under the Trust Disciplinary Policy.


It should be noted that once employees commence the Trust’s Career Break Scheme their

employment rights/benefits will be frozen for the period in which they are participating in the

Scheme e.g. annual leave entitlement, sick pay etc; therefore an employee’s Contract of

Employment is effectively suspended at the point of commencing the break.

Employees are not entitled to receive any incremental pay rises during an agreed career break

of over 12 months in duration. If an employee’s incremental date falls within a career break of

12 months or less, the incremental date will be deferred from the point of return to work, for

the length of the career break.

For example, if an employee on an agreed career break of 6 months was due an incremental

pay rise during the break, on returning to work their incremental date would be changed to 6

months after the date of return from the career break.

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17.3 Procedure for Requesting & Eligibility to Participate in the Career Break Scheme

The Career Break Scheme is available to employees with continuous service of at least one year

with the Trust.

Employees should apply to participate in the Career Break Scheme using the Career Break

Application form (CBA) attached as Appendix 3, which must be submitted to the appropriate

manager at least three months prior to the intended start of the career break.

Managers will consider applications for career breaks individually on their merits. Managers will

respond to applications to participate in the Career Break Scheme in a timely manner, and will

not unreasonably withhold authorisation to join the scheme.

Managers will consider applications for the scheme against the following criteria:

Skills and experience of the individual applicant

Cost to the service of training a replacement

Difficulty in recruiting an appropriate replacement

Possible impact on service delivery.

Employment record of the individual, e.g. recent proven breaches of disciplinary rules, serious concerns regarding unsatisfactory performance

Attendance records – unless absences are the result of an employee’s disability or are

related to maternity leave/ childbirth.

Managers will respond to the career break application using the Career Break Application

Response (CBAR) form in Appendix 4. Where an application to participate in the career break

scheme is refused, the manager will provide full reasons in writing for refusal to the

employee. Following discussion around the reason/s for refusal with their line manager, if an

applicant remains dissatisfied with the refusal, they can appeal against the decision.

To appeal against a career break application decision, the employee should write to the next

in line manager above the manager who made the decision, stating the reason for appeal

and enclosing a copy of both the career break application form (CBA) and the manager’s

response form (CBAR) within 10 working days of receipt of the manager’s response.

17.4 Duration & Frequency of Career Break

A Career Break will normally last for a minimum of three months and a maximum of five years.

More than one career break may be granted in the course of employment provided that the

combined length of the breaks do not exceed the maximum of five years.

Extension to or early return from an activate career break. Notice should be given to the

relevant manger, in writing with appropriate notice, e.g. career break of 1 year or above, 3

months notice. A Career Break of less than one year, 4 weeks’ notice.

Employees may not usually benefit from more than one Career Break unless they have

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returned to the employment of the Trust for a minimum period of two years following a

previous Career Break.

17.5 Arrangements for Keeping in Touch during the Career Break

Managers and employees have a joint responsibility to make arrangements for keeping in

touch during the Career Break.

The Trust believes that “keeping in touch” is important to the success of the career break

scheme. To minimise employee’s loss of practical skills and to keep up with developments in their

field, ten days per annum attendance will be required.

This work commitment will be arranged by mutual agreement with the employee at least four

weeks before the work commences. Relief work may be undertaken in the employee’s original

role, for example to cover annual leave or sickness absence. Employees may also be required to

attend relevant in service training sessions or other training events to maintain skills knowledge

and will meet with their manager at least once per year for a general discussion and review of

the situation.

Periods of work and training will be paid on the basis of pay levels applicable immediately

preceding the career break and adjusted to take account of general salary reviews. Regular

information updates relating to the workplace will be arranged, such as notes of team briefing,

newsletters and invitations to departmental meetings.

Were the employee is abroad or unable to commit to the above suggestions plans should be

made in line with registration requirement and in agreement with their line manger for contact

and possible training requirement before embarking on returning to work.

17.6 Other Employment

Participants of the Career Break scheme may not work for another employer at any time during

the period of the Career Break without the prior agreement of their line manager.

A breach of the terms of a career break agreement by the individual may result in its

termination by the Trust and the withdrawal of the opportunity to return to work under this

scheme

17.7 Return to Work

Employees must give a minimum of 3 month’s notice in writing to their manager of their

intention to return to work following a career break of 12 months or more. For career breaks

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under 12 months in duration, employees must give their manager a minimum of 1 month’s

written notice of their intention to return to work.

If the job which the employee previously undertook is no longer available for them to return to

following their career break, on notice and in consultation with the Human Resources

department the Trust Redeployment Policy should be followed.

Where possible, any job offered on return will be commensurate with the previously held post.

However, the Trust cannot guarantee that the job offered upon return will be the same grade or

in the same work area as that relinquished at the commencement of the scheme, nor indeed at

the same location.

Individual requirements will be considered through the redeployment process, for example

reasonable adjustments for disabled employees.

17.8 Pension Scheme

An employee can choose to continue contributing to their pension whist on a career break or

authorised leave, this must be for the initial period of 6 months but can be extended at the

employees request for a further period 18 months.

Should the member wish to continue contributing to the Scheme during the additional period

they will be responsible for both the employee and employer pension contributions.

Employers are responsible for ensuring that both employee and employer pension

contributions are collected continuously throughout the leave and paid promptly to NHS

Pensions.

Staff members who transferred into the organisation under TUPE and are not members of the

NHS Pension Scheme should seek advice from the pension scheme they are a member of, for

example the Local Authority Pension Scheme.

Where the authorised leave/career break is to be pensionable the employer must treat the

member as they would any other active member of the Scheme and ensure that employee

and employer contributions are paid continuously throughout the break. i.e. by the 19th day

of the month following that which the earnings (if there were any) would have been paid.

Before the authorised leave/career break begins therefore, employers must make

arrangements to collect the appropriate contributions from the employee continuously

during the break. Arrears cannot be allowed to accumulate and payment made on returning

to the Scheme. ESR can suggest how this can be done manually.

The employee’s pension position varies according to length of service and advice should be

obtained by the employee from the Trust Pensions Advisor. The Trust strongly urges

employees to clarify their position in this respect to avoid any potential detrimental effect

upon their pension benefits.

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18.0 Useful Links

Carers: For information and resources for carers, visit:

http://www.carersuk.org/help-and-advice/looking-after-you/your-work-and-career/your-right-to-

flexible-working

EWTD: For further information on European Working Time Directive (EWTD) and a working time

calculator, visit:

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

Home Working: If an employee or manager is considering a request for home working, the following links

may be of use:

Health and Safety Executive guidance on home working:

www.hse.gov.uk/pubns/indg226.pdf

See above for relevant Trust policy documents.

Career Break: For general information and resources for career breaks, the following link may be of use:

http://www.thecareerbreaksite.com/

18.1 Contacts

Pay, pension and annual leave entitlement can be affected by certain flexible working options, such as

Job Share, Part-Time Working, Term Time Only Working, and Career Break due to the proportionate

reduction in hours. If any employee is concerned as to how this will affect their pension or would like

information on this before making a flexible working request, the Trust Pensions Advisor at North

Manchester General Hospital can be contacted on 0161 720 2359.

For information and advice on how flexible working options may affect health and safety at work,

employees and managers can contact the Trust Health & Safety Advisor on 0161 2771214

http://www.carersuk.org/help-and-advice/looking-after-you/your-work-and-career/your-right-to-flexible-working

http://www.carersuk.org/help-and-advice/looking-after-you/your-work-and-career/your-right-to-flexible-working

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

http://www.hse.gov.uk/pubns/indg226.pdf

http://www.thecareerbreaksite.com/

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Appendix 1

Flexible Working Application (FWA) Form

Name ……………………………………Post Title…………………………………………………...

Ward/Team………………………………Care Group………………………………………………..

Is this a group application?

Yes No

If yes please include the details of all individuals involved.

……………………………………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………

I would like to make a formal request for a Flexible Working arrangement to be applied to my current

role. I would like to utilise one or more of the following working patterns as suggested in the above

policy:

Job share Annualised Hours

Part Time Working Compressed Hours

Term Time Only Working Home Working

Flexi- time and TOIL Career Break

Please complete the relevant sections, indicating your current working patterns and how you would like

to change them.

1. Describe your current working pattern


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2. Describe the working pattern you would like in future

3. What is the reason for your request? (Please note, to care for dependents is defined as a statutory

flexible working request and can only be requested once in any 12 month period. See section 7 of this

policy for further information)

4. The preferred start date for your new working arrangement

5. What impact, if any would your new arrangement have on your team/colleagues and the service

provision of the team in general?

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6. Considering the above, how do you see your request being accommodated?

I sign to acknowledge that I satisfy the criteria as set out in the Trust Flexible Working Options Policy and

I am eligible to apply for a flexible working arrangement with the Trust. I accept that, if granted the

arrangement can be reviewed by the Trust at any time deemed appropriate.

Employee Signature………………………………………………………………………………….

Date……………………………………………………………………………………………………

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Appendix 2

Flexible Working Application Manager’s Response Form (FWR)

Following the receipt of your application for a flexible working arrangement and our meeting

on……………………………………………., I have considered the request and I have made the following decision:

I accept your request I reject your request I agree a compromise

I have made this decision based on the following rationale:

Working pattern

Cost implications


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Impact on service delivery

Active or planned service redesign

Other information relevant to my decision

If accepted, agreed start date of the arrangement

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Manager - this is a true reflection of my decision and my rationale for it.

Manager signature ……………………….. Post Title…………………………………….

Date ………………………………….

Employee – (if agreed or a compromise agreed) I agree and accept the above as an accurate reflection of

my Flexible Working arrangement.

(If rejected, details of the process to appeal against a flexible working decision are contained within

section 9 of this policy).

Employee signature ……………………………………….

Date ……………………………………..

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Appendix 3

Career Break Application (CBA) Form

Name: .....................................................................................................................................

Home Address: .................................................................................................................................

…………………………………………………………………………………………….

…………………………………………………………………………………………….

Position Title: .............................................. Based at: .....................................................

Trust Start Date: ..............................................

Post Start Date: ...............................................

Are you a member of the NHS Superannuation Scheme? Yes/No (delete as appropriate)

I wish to be considered for a Career Break

From: ……………………..... To: …………………………... (Minimum period 3 months)

Reason for Career Break:

Please provide a detailed rationale for requesting the career break


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I understand that I should not take up paid employment during my career break. If during the career

break I wish to take up any kind of paid employment I will contact my manager for their approval. I

understand failure to do so may constitute an act of fraud and may affect my career break and my

employment status.

I understand that the career break is regarded as authorised unpaid leave, and that all pay and benefits

will be suspended from the start of the career break and reactivated again on return to work. This

includes salary and incremental increases, pension contributions, annual leave entitlement, sick pay

benefits, maternity pay and leave/paternity leave and leave for any other purposes.

(Where applicable) I will continue to maintain any professional membership requirements/subscriptions

during the career break.

Employee Signature: ………………………………….

Date: ..........................................................................

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Appendix 4

Career Break Application Response Form (CBAR)

Following the receipt of your application for a career break and our meeting on………………………………….., I

have considered the request and I have made the following decision:

I accept your request I reject your request I agree a compromise

I have made this decision based on the following rationale:

Working pattern

Cost implications


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Impact on service delivery

Active or planned service redesign

Other information relevant to my decision

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Detailed below are the conditions of the break:

Length of Break

Arrangements for Maintaining Contact

Training

Professional Registration

Return to work

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Manager - this is a true reflection of my decision and my rationale for it.

Manager signature ………………………………………………….

Post Title ………………………………………………………

Date ………………………………….

Employee – I agree I have seen the above information and received a copy for my reference. I am aware I

have the right to appeal against the decision if appropriate (details of the process to appeal against a

career break decision are contained within section 9.5 of this policy).

I understand that I should not take up paid employment during my career break. If during the career

break I wish to take up any kind of paid employment I will contact my manager for their approval. I

understand failure to do so may constitute an act of fraud and may affect my career break and my

employment status.

I understand that the career break is regarded as authorised unpaid leave, and that all pay and benefits

will be suspended from the start of the career break and reactivated again on return to work. This

includes salary and incremental increases, pension contributions, annual leave entitlement, sick pay

benefits, maternity pay and leave/paternity leave and leave for any other purposes.

(Where applicable) I will continue to maintain any professional membership requirements/subscriptions

during the agreed career break.

Employee signature ……………………………………..

Date ……........................................................

A University Teaching Trust

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