HRPOL16 Flexible Working Policy and Procedure V5

HRPOL16

Flexible Working Policy and Procedure

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Version:

V5

Ratified by:

People and Culture Steering Group

Date ratified:

16/04/2024

Job Title of author:

Lead People Partner

Reviewed by Committee or Expert Group

Staff Partnership Forum

Equality Impact Assessed by:

Lead People Partner

Related procedural documents

HRPOL17 Special Leave HRPOL26 Psychological Wellbeing of Staff HRPOL31 Attendance Management HRPOL41 Parental Leave HRPOL50 Carers HSPOL21 Working Remotely and Home as Base April 2027

Review date:

It is the responsibility of users to ensure that you are using the most up to date document template – i.e. obtained via the intranet In developing/reviewing this policy Provide Community has had regard to the principles of the NHS Constitution

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Version Control Sheet Version HRPOL16 V1

Date May 2013

Author Head of HR

Status Ratified

Comment

HRPOL16 V2

November 2015 December 2017

HR Business Partner (JA) Head of HR (ST)

HRPOL16 V4

May 2022

HR Business Partner

HRPOL16 V5

April 2024

Lead People Partner

Approved by SPF 20.11.15 Approved by SPF 01.05.18 Approved by SPF July 2022 Ratified by People & Culture Steering Group

Ratified by FRC 2.12.15 Ratified by FRC 31.05.2018 Ratified by PCS 20.07.2022 Legal changes, promoted a review.

HRPOL16 V3

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Contents 1.

INTRODUCTION ........................................................................................... 5

2.

PURPOSE AND SCOPE ............................................................................... 6

3.

KEY PRINCIPLES ......................................................................................... 6

4.

KEY RESPONSIBILITIES .............................................................................. 7

5.

PROCEDURE / IMPLEMENTATION ............................................................. 9

6.

MONITORING AND REVIEW ...................................................................... 13

APPENDIX 1 – Common Flexible Working Arrangements ................................... 14 APPENDIX 2 – Guidance on Making a Flexible Working Request ....................... 18 APPENDIX 3 – Application for a Change in Working Pattern ............................... 19 APPENDIX 4 – Equality and Diversity Monitoring Form – .................................... 20 APPENDIX 5 – EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’ ........................................................................................................... 23

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Provide Community can best be defined by our mission, vision and values. This is at the heart of our organisation and what drives us all, as colleagues, to do the very best we can for the people our work impacts.

OUR MISSION: An ambitious employee-owned social enterprise, growing in size and influence.

We transform lives by treating, caring and educating people.

OUR VISION: Transforming Lives.

OUR VALUES: Care, Innovation and Compassion.

1. INTRODUCTION 1.1

Provide aims to deliver high quality and safe services and it recognises that this commitment to quality and safety must be reflected in the work and conduct of all its employees.

1.2

Provide recognises and acknowledges that the greatest single factor in terms of delivering high quality services is its employees. It is committed to improving the working lives of colleagues and aims to “create a wellmanaged, safe, and flexible working environment that supports colleagues, promotes their welfare and development and provides a productive work life balance”.

1.3

Promoting work-life balance forms an integral part of Provide’s approach to improving the working lives of its colleagues and the organisation is committed to offering flexible, modern employment practices which enable colleagues to balance home and work life and improve their well-being.

1.4

Provide’s Health & Wellbeing Strategy recognises that its employees are the key component to delivering the organisation’s broader goals to provide the best care to our patients and service users. A happy, resilient and healthy team relies on all employees, at whatever level of the organisation, recognising that they perform at their best when they work in an environment where their own needs and the needs of their teammates are met.

1.5

The organisation’s Health & Wellbeing Strategy also supports the People & Culture Strategy which sets down a commitment to: Engage and grow great people to achieve great things.

Provide recognises that to achieve excellent colleague experience, it is essential for the organisation to create a work environment where all of its employees feel valued, encouraged and supported to succeed in their roles and to deliver the best care to our patients and service users.

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1.6

A definition of flexible working as “an arrangement which supports an individual to have greater choice in when, where and how they work.” This may include changes to their working pattern, hours and role, and/or the location in which their work takes place. Having a flexible working arrangement can help individuals to have better notification of, and predictability in, their work schedules and so may facilitate greater variation in their work.

2. PURPOSE AND SCOPE 2.1

The purpose of this policy is to provide information and guidance to employees and managers about the types of flexible working arrangements, which could include job sharing, flexi time, working remotely, part-time, term-time working, annualised hours and a permanent or temporary reduction to contractual hours.

2.2

The policy explains the process for employees and managers when an employee wishes to make a formal request to change their working pattern or contractual hours.

2.3

This policy and procedure applies to all employees within the Provide Group from their first day of employment to support them in achieving an appropriate balance between work and home life.

3. KEY PRINCIPLES 3.1

The purpose of this policy is to set out Provide’s commitment to helping employees balance their work and personal life by the provision of supporting flexible working arrangements. It is the aim of this policy to be compliant with legislation, to reflect NHS provisions where they apply and to reflect good HR practice.

3.2

The promotion of work life balance is also covered by complementary organisational policies and procedures and specific reference is made to the: • • •

Special Leave Policy (HRPOL17), Carers Policy (HRPOL50) and Parental Leave Policy (HRPOL41), which includes maternity, paternity, adoption, fostering, shared parental and parental leave provisions.

3.3

All employees can make more than one flexible working request per year, regardless of the reason, from day one of their employment with the Provide Group.

3.4

When advertising a role, the organisation will consider how it promotes the right to request flexibility from day one and the availability of flexible working options.

3.5

To support a positive culture of flexible working, the organisation will consider how it supports and encourages open conversations about flexible working.

Opportunities to have these discussions may arise during one-to-one management / supervision meetings, team / departmental meetings or as part

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of wellbeing conversations and wellness action plans, recruitment induction and annual appraisal processes.

3.6

This policy refers to formal flexible working requests rather than informal arrangements agreed between the employee and their line manager that do not require a formal contractual change. Examples of informal requests include: • • • • • •

Swapping shifts/sessions Mixing shifts/sessions (e.g. working some long and some short shifts/sessions) with due regard to how annual leave may be affected.

Time off in lieu (TOIL) (Previous additional hours that had been agreed and worked with employee looking to now take time off).

Flexi-time.

Staggered hours where start, finish and lunch/break times can be variable.

Short term requests that do not last more than 28 calendar days.

3.7

When requesting informal flexible working arrangements employees should have a discussion with their line manager. If agreed, it may be necessary to agree a trial period to assess the effectiveness of the arrangement. If a trial period is agreed, then this should include a review date to assess the effectiveness of the arrangement.

3.8

When an employee wishes to make changes to their existing terms of employment, they should discuss these changes with their line manager and an HR representative where appropriate to determine if the request is informal or requires a formal flexible working request.

3.9

If an informal flexible working arrangement is not appropriate as deemed by the line manager and HR, then all colleagues are able to submit a formal request for flexible working as per the guidance stated in the policy.

3.10

Examples of formal requests include (see Appendix 1): • • • • •

Part-time hours Job sharing Compressed hours Term-time working Fixed shifts/sessions/schedules

It is recommended that at the end of the agreed change to a work pattern it is reviewed to assess if further support is required.

4. KEY RESPONSIBILITIES 4.1

Employees Employees are encouraged to:•

Make a considered application, in writing, giving as much notice as is reasonably practicable to their manager for any change in existing working arrangements. Where possible flexible working requests would be considered during the recruitment process.

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4.2

•

Seek support from local trade union representatives to assist with completing a flexible working application.

•

Consider exactly what changes they wish to make before making their request and how these could be accommodated.

•

Identify if their request is to facilitate a reasonable adjustment for a disability as detailed in the Equality Act 2010.

•

Be mindful of any personal financial implications that a change to work arrangements may have e.g. reduction in unsocial hours payments, reduction in salary, pension implications.

•

Work with their manager to demonstrate how they will be able to make their role work on a flexible schedule, which is supported by the rest of the team in a way that does not compromise service provision.

Managers Managers should nurture a culture within their team that promotes, enables and embraces good flexible working practices.

Managers have a responsibility for raising awareness of this policy within their own team and for applying the policy in an equitable manner. In addition, they are expected to: •

Challenge the traditional ideology of how work has previously been delivered and support their colleagues to explore flexible working options to enable them to achieve a work-life balance that suits them and the organisation.

•

Treat all requests with due consideration, including any equality implications, with an emphasis on exploring and mutually agreeing solutions, regardless of their length of service, duration of contract, grade, contracted hours or complexity of request.

•

Ensure involvement and open communication is maintained between all parties during the consideration process, as appropriate including the applicant, patients and/or service users and the rest of the applicant’s team, giving due consideration to the impact on service provision.

•

Promote flexibility options at the point of recruitment and through regular employee engagement through one-to-ones, appraisals and team discussions.

•

Promptly discuss with the employee their flexible working request to look at all of the options for reaching a mutually agreeable outcome so that all requests are concluded within a maximum time period of two months from first receipt to notification of the decision on appeal.

The line manager should hold the meeting within 14 calendar days (excluding bank holidays) of receiving the request and notify the decision to the employee within 14 calendar days (excluding bank holidays) of the meeting.

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• 4.3

HR representatives should provide advice and guidance before any formal changes are made to an employee’s terms and conditions of employment.

Chief Officers All Chief Officers are responsible for identifying and ensuring the development of documents relevant to their area of responsibility. The Group Chief People Officer is accountable to the Group Chief Executive and the Provide Board for ensuring this policy is implemented and associated documents become active documents within Provide.

Chief Officers will ensure that this policy is appropriately consulted upon and that all resource implications are highlighted, and funding identified. They will ensure that their Senior Managers are informed of progress.

All Chief Officers should challenge assumptions about the way work is carried out within the organisation, asking with curiosity why things are done the way they are and trialling new ways of working. They play a vital role in helping foster a culture within the organisation that is open to change and that all employees feel trusted to deliver their role in a productive and effective way.

All Chief Officers should encourage a culture of permission, making it clear to all managers that flexible working will not compromise an employee’s position or career progression. They need to ensure that there is an environment to enable this to happen in practice and to ensure that the tools for people to be able to work flexibly and do their job are available.

4.4

Group Chief Executive The Group Chief Executive Officer has overall responsibility for the strategic and operational management of Provide which includes ensuring that this policy and associated documents comply with all legal and statutory requirements.

4.5

The Provide Board The Provide CIC Board is responsible for setting the strategic context in which organisational documents are developed, and for ensuring the formal review and approval of documents takes place.

5. PROCEDURE / IMPLEMENTATION 5.1

Appendix 1 aims to describe the more common flexible working arrangements and how they operate in practice. It is by no means exhaustive, nor are the options mutually exclusive.

5.2

Provide aims to encourage innovative employment practices which, wherever practical, meet both the needs of colleagues and maintain appropriate levels of service provision. Employees are encouraged to discuss their changing circumstances with their manager. Employees are also encouraged to suggest different ways of working, which may not be specifically listed in this policy, but may be considered.

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Making an application (see Appendix 2) 5.3

When making a formal flexible working request, employees should complete an Application for a Change in Working Pattern Form (see Appendix 3) and return this form to their line manager. The request must include the following information: • • • • •

The date that the request is being made.

That the request is made under the terms of the flexible working policy.

The requested change and the date the employee would like this to be effective.

The date of any previous flexible working requests (if applicable).

If the request relates to something covered by discrimination law (Equality Act 2010), for example to make a ‘reasonable adjustment’ for a disability.

The terms and conditions the employee may wish to change may relate to hours, days of work, start/finish times and place of work, but this list is not exhaustive.

The completion of the Equality and Diversity Monitoring Form (see Appendix 4) is optional for employees. This should be returned to the Human Resources department.

Consideration of the Request 5.4

Provide will give serious and full consideration to all formal requests to work flexibly and will respond within 14 calendar days. If a request cannot be agreed a meeting will be arranged within 14 calendar days (excluding bank holidays) to discuss this and consider alternative flexible options.

5.5

Employees may be accompanied to a meeting to discuss the flexible working request by a trade union representative or a work colleague, although this is not a statutory right. An HR representative may also be attendance. Attendance from an alternative colleague such as a member of supporting networks may be considered and discussed with a member of the HR Business Partner Team and line manager beforehand. If the employee or their representative is not available for the meeting then an alternative time suitable for all parties should be agreed and held within 7 calendar days (excluding bank holidays)

5.6

If Provide cannot meet the employee’s request it will be on one or more of the following business grounds: • • • • • •

The detrimental impact on meeting customer and/or service demands, patient care or continuity of care.

An inability to re-organise or re-distribute work among other existing colleagues.

An inability to recruit additional colleagues (this may particularly be the case where the request leaves ’odd’ hours to be filled by another employee).

A detrimental impact on quality or performance.

The burden of additional costs.

There is insufficient work available during the hours the employee is requesting to work.

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•

Other structural changes are planned.

5.7

There may be some occasions, when Provide receives more than one request to work flexibly from different employees at a similar time. In this instance, the requests should be considered in the order the application forms are received and consideration is to be given based on the business context at the time. It may be the case that after one employee’s flexible working request has been approved, the business contexts as a result may change. The changed business contexts would then be taken into account when considering the next employee’s request, regardless of if the request is the same. If a manager receives multiple applications for the same request on the same day, they should seek further guidance from a member of the HR Business Partner Team.

5.8

The outcome of the meeting, regardless of the result, will be confirmed to the employee in writing within 14 calendar days (excluding bank holidays) of the meeting taking place, unless an extension or alternative agreement is made.

There may be exceptional occasions when it is not possible to complete consideration of an employee’s request within the expected time limits. Where an extension of time is agreed with the employee, their line manager OR the HR department will write to them confirming the extension and the date on which it will end.

5.9

Once a formal requested change of working arrangements is accepted, this will become the employee’s permanent terms and conditions. A colleague cannot return to their old terms and conditions and their manager is not facilitated to reinstate the old terms unless the changes have proven unsuccessful for both service delivery and for the individual during a trial period. This will be confirmed to the employee in writing and next steps will be agreed between the manager and colleague.

Trial Period 5.10

Provide may decide to offer the new way of working on a trial basis initially.

Usually this would be for a minimum of three months. In such circumstances, the change to the employee’s terms and conditions of employment during the trial period is a temporary change.

5.11

The success of the trial period will jointly be reviewed by the individual and the manager, with the line manager having the ultimate decision. If the trial is deemed not successful, the employee will revert to their previous terms and conditions of employment. If the requested change to working arrangements is accepted at the end of the trial, then the temporary terms and conditions will become permanent.

Appeals Process 5.12

When a formal application is declined, employees have the right to appeal the decision within 14 calendar days (excluding bank holidays) of receipt of their manager’s decision. This appeal must be in writing and clearly state the grounds of appeal. Appeals are made to the line manager of the person who declined the original application.

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5.13

Management discretion may be used by managers to consider exceptional circumstances regarding appeals that did not meet the outlined deadline. In some exceptional circumstances, employees may have reasonable grounds for the delay; due to circumstances beyond their control e.g. someone admitted to hospital etc (this list is not exhaustive).

5.14

If there are no exceptional circumstances to consider, appeals that were not made within the designated time frame or do not include the full grounds for appeal, will normally be rejected.

5.15

Once in receipt of the appeal, the manager will acknowledge the appeal in writing. The manager will then carry out a paper-based review of the appeal and original management decisions. Concluding this review, including confirming the decision in writing, must take place within two months of receipt of the original flexible working application, or the end of a trial period.

5.16

The appeal will be conducted as an evidence review and will not take the form of a hearing. The reviewers will consider the statement of appeal from the employee, together with the evidence for the decision submitted by the line manager and will determine whether or not the appeal should be upheld.

5.17

The decision of the panel, which will consist of a Senior Manager and a member of the HR People Partnering team, should be confirmed in writing by the reviewing manager no later than 7 calendar days (excluding bank holidays) after the review, outlining the decision reached, and within two months of the original flexible working request. The employee must be informed that there is no further internal right of appeal. A copy of the outcome letter will be retained on the employee’s personal file.

5.18 The decision at the appeal stage is final.

Withdrawing an Application 5.19

A request to work flexibly can be withdrawn at any time before any new terms and conditions have commenced.

5.20

If an employee fails to attend more than one meeting arranged to discuss the request and does not provide a reasonable explanation, Provide may assume that the application has been withdrawn. Provide will then write to the employee to inform them of this position including a reasonable timeframe to reinstate the application.

5.21

Provide may also treat an application as withdrawn if the employee does not provide the relevant required information.

Miscellaneous When applying for term-time only working please consider the following.

5.22

Employees are paid a set monthly salary regardless of the number of hours worked in any given week / month.

5.23

Employees who have given their notice to leave Provide should, as far as possible, use their notice period to close any gap between hours worked and hours paid otherwise adjustments will be made to their final salary.

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5.24

Colleagues taking maternity / adoption / shared parental leave should have reconciled their hours worked and hours paid by the time their maternity / adoption / shared parental leave begins, otherwise an adjustment should be made to the final salary before their maternity / adoption /shared parental leave commences. Refer to the HRPOL41 Parental Leave policy for further guidance.

5.25

Regardless of flexible working patterns that are agreed, employees need to report sickness absence in line with Provide’s Attendance Management Policy (HRPOL31) including reporting all days unavailable for work.

6. MONITORING AND REVIEW 6.1

This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements relating from legislative changes.

6.2

Review will be undertaken by a CIPD registered member of the HR department and monitoring will be conducted in respect of policy outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.

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APPENDIX 1 – Common Flexible Working Arrangements The descriptions below aim to cover the flexible working arrangements in place within Provide and include: Formal flexible working schemes: staggered working hours, flexi time, team based self-rostering and annualised hours Individual arrangements for reduced hours: part-time working, job sharing and term-time only contracts Individual flexibilities: temporary changes to existing work patterns, phased return to work, compressed hours, fixed work patterns, home working, and flexible retirement 1.

FORMAL FLEXIBLE WORKING SCHEMES

Staggered working hours This arrangement allows normal working hours to be varied to suit an individual’s needs, whilst working the full-time contracted hours for the post over the week, for example, working from 10 am – 6 pm, rather than 9 am – 5 pm.

Flexi time Flexi time is where colleagues can choose variations of working patterns within fixed core hours. These schemes can work particularly well in office environments and most support services. Such options include staggered hours, adjustments to starting, finishing and/or lunch times, time off in lieu and shift swapping.

How flexi time arrangements work in practice needs to be determined with each team, based on the nature of the work and the core hours to be covered to meet the needs of the service.

Arrangements need to include: • Core hours, during which all colleagues are expected to be present other than for authorised absence and “band width”, i.e., the earliest time colleagues can start and the latest they can finish; • Limits for the number of credit and debit hours colleagues can accrue during each accounting period (usually a calendar month); • How credit hours can be consolidated into days, taking into account the need to allocate days off fairly across the team, particularly, for example, on Mondays or Fridays or during the summer.

An accurate record of daily hours worked must be maintained by the employee and this will be subject to audit at the manager’s request.

Team based rostering Conventional rostering places responsibility with the manager to determine who works when, taking account of requests for leave or days off. Self-rostering involves agreeing staffing levels required (numbers, grade-mix and, as appropriate, skill-mix) throughout the day/night and then allowing the team collectively to roster themselves to meet these requirements.

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This aims to give colleagues greater control over the hours they work and greater flexibility in planning their work around their other commitments. It requires colleagues to cooperate with one other to balance work and personal commitments and to develop a rota that provides for both while still meeting the needs of the service. The proposed rota should be agreed with line management.

Before beginning self-rostering, the team must agree: • • • •

Minimum and maximum colleagues levels per session, including skill-mix and grade-mix as well as, as appropriate, gender mix, where there is a genuine occupational requirement; The preferences for hours to be worked by each member of the team; Any ‘protected time’ when each colleague specifically does not wish to work; Limits as to how much time owing can accrue to each team member.

Employees also need to understand the requirements of the Working Time Regulations, including appropriate rest times, before engaging in team based rostering.

Some hours will be particularly popular or unpopular. The team may need to agree in advance the regularity that each employee should work over a particular time period, e.g. each month.

INDIVIDUAL ARRANGEMENTS FOR REDUCED HOURS Part-time working Provide will consider any requests to change from full-time to part-time hours and/or to vary patterns of work.

Part-time colleagues will receive pro rata benefits, such as salary and annual leave (including bank holidays). However, applicants should carefully consider the financial impact of any necessary adjustments to pay, pension, annual leave entitlement, etc, when making an application.

In considering requests to move from full-time to part-time, managers should be mindful of the statutory protection for part-time workers against being treated any less favourably than a comparable full-time worker and ensure that they continue to have appropriate access to training and development opportunities along with other benefits.

Job sharing Job sharing provides opportunities for employees to work part-time within in a post that usually needs full-time cover. It requires two colleagues to share the duties and responsibilities of one job, sharing pay, holidays and other benefits in proportion to the hours worked by each.

The difference between a job share and part-time working is that part-time employees are responsible for fulfilling the roles and responsibilities of the job profile and meeting the objectives agreed for their role, which will be adjusted to reflect contracted hours; whereas job share partners have a collective responsibility to fulfil the roles and responsibilities of the job profile and meet the objectives agreed for their role, as well

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as taking responsibility for communicating with one another and coordinating leave to ensure continuity.

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. Each job share partner will hold an individual contract, with a separate commencing salary, incremental progression and leave entitlement determined in accordance with existing policies as if each job share partner is a part-time worker.

There are a number of ways in which job sharing can arise: • An existing colleague formally requests that their post is undertaken on a job share basis. If two colleagues in the same role request that they job share in a single post, this can be arranged without interview, subject to the manager’s approval of the post for job sharing. In other circumstances and subject to the approval of the post on a job-sharing basis, the other half of the post should be advertised • Two people, whether or not existing colleagues, apply for a post on a job share basis. Each job share partner should meet the minimum requirements of the person specification and, if shortlisted, interviewed separately. If only one partner is considered suitable for the post, the manager should consider offering them the post subject to the appointment of a satisfactory partner after re-advertising, but is not obliged to do so • One person applies for an advertised post on a job share basis. If this applicant is considered the best person for the post, it should be offered subject to the appointment of a satisfactory partner after re-advertising. If no suitable partner is found, the offer may be withdrawn.

Losing a Job Share Partner If one of the job sharers leaves the post, the manager and remaining job share partner should take reasonable steps to address the deficit. This includes offering additional hours to the remaining employee, considering whether the post needs to be covered full-time, finding a suitable replacement job share partner or re-deployment to suitable alternative employment to a post accommodating the hours of work already agreed.

Only where all of these options have been exhausted could the remaining job sharers contract be terminated on the grounds of “some other substantial reason.”

Term-time only working This is an agreement to allow a colleague to restrict their working hours to term time, usually in order to cover their childcare responsibilities, although this may be a requirement of some services. However, this working pattern may not be suitable for other areas, especially where demand for services during the school holidays does not diminish and may even increase.

Applications for term-time only working will be considered for all applicants irrespective of where they work within Provide, although it must be recognised that the demand for the majority of the Provide’s services do not diminish significantly during school holidays, and people do still need care and/or service provision all the year round.

Annual leave allowance will be on a pro-rata basis in accordance to the Provide’s Annual Leave Policy.

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The terms and conditions of employment will state the number of hours to be worked each week and the number of weeks to be worked each year.

More information about term-time only working can be found on the colleague intranet.

INDIVIDUAL FLEXIBILITIES Temporary changes to existing work patterns Temporary requests, usually for up to three months, may not necessarily be subject to the formal procedure for permanent changes and may be authorised at the manager’s discretion in order to manage personal or caring commitments, without having to make a permanent change to an employee’s contract.

Phased return to work Following a period of extended leave, for example, maternity leave, career break or prolonged sickness absence an employee may return to work on a basis of reduced hours for an agreed period of time before resuming full- time work. This arrangement is particularly good for easing employees back into work and, in the case of serious illness, allows for periods of rest and recuperation. For those returning from maternity leave, it is also good for easing back into work and getting used to juggling new priorities, childcare arrangements, etc whilst building up to normal hours.

Phased returns to work after a period of ill-health are agreed between the employee and the manager and in consultation with Occupational Health Services, as appropriate.

Details about phased returns are included in the Attendance Management Policy (HRPOL31) Fixed work patterns This involves an employee being rostered, at his or her request, for a particular shift pattern (for example, only nights, only weekdays), either on a short term or longer term basis. It is important to build in flexibility in longer term arrangements to enable professional development to be maintained.

Compressed hours A compressed working week, or “long days”, involves working fewer days each week, for example, three or four but for longer hours. This allows employees to work full-time hours but with additional rest days, or times away from work, providing the requirements of the Working Time Regulations are met.

Working arrangements involving working longer than 7.5 hours each day should be closely monitored for any impact on sickness absence or performance levels and may be rescinded if these are adversely affected.

Agile or Home working For the purposes of this policy, home working refers to time spent working at home rather than on Provide premises. Provide may provide the option to work some of the normal working pattern at home. Applications will be considered by the line manager, in line with the process detailed in this policy.

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APPENDIX 2 – Guidance on Making a Flexible Working Request Guidance Notes for Applicants Your manager may arrange to meet with you to discuss your flexible working request; they will likely want to explore how your request could be agreed. If your manager does meet with you to discuss your request, please do cooperate with this conversation and provide suggestions on how your request can be accommodated.

In making your case, it is important that your manager has the information they need to determine how they are going to meet the department or service’s needs as a result of your changing work pattern.

You may wish to tell your manager the reason for your request; however this is not necessary and will not normally influence their decision.

Reasons why your request might be refused: This is what the Employment Relations (Flexible Working) Act 2023 regards as business grounds for refusing an application: • • • • • • •

Burden of additional costs Detrimental effect on the business’ ability to meet customer demand Detrimental impact on quality and performance Unable to reorganise work among existing staff Unable to recruit more staff Insufficient work during the periods the employee wishes to work Planned structural changes.

Your manager will need to include an explanation about why any of the above grounds applies in the circumstances, using key facts and figures as appropriate.

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APPENDIX 3 – Application for a Change in Working Pattern The application is in three parts: 1. The details of the change - temporary or permanent - you wish to make to your current working pattern 2. The impact on your current role, your colleagues and your service. Your manager may help you complete the form; and 3. Your manager’s response Please complete parts 1 and 2 before submitting the form to your manager.

You will find it helpful to read the guidance notes for applicants (Appendix 2).

Name: Job Title: Team/Ward/Department or Service: Date:

Part 1 - Details of the change 1. Please state current weekly hours and working pattern

2. What change to these would you like to request?

3. When would you like the changes to take effect from

Part 2 - Impact of agreeing your request 4. Will your current responsibilities have to be altered in order to suit your change of working pattern? If yes, please explain

5. In order for you to remain a full member of the team, how will you ensure that you keep/are kept in touch?

6. Is there any other information you would like to be considered in respect of your request?

Signed ……………………………………………

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Date ……………………………….……….

Part 3 - Manager’s response I agree to the change in working pattern applied for, as described above. (Please include details of any trial period and review arrangements agreed if applicable)

Signed ……………………………..………

Date ……………………………..

OR

I do not agree to the change in working pattern, for the following reason(s):

APPENDIX 4 – Equality and Diversity Monitoring Form –

Signed ……………………….…………

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Date ……………………………..

APPENDIX 4 – Equality and Diversity Monitoring Form – Flexible Working Application Provide Group wants to meet the aims and commitments set out in our Equal Opportunities & Valuing Diversity Employment Policy and Procedure (HRPOL23). This includes not discriminating under the Equality Act 2010, and building an accurate picture of the make-up of the workforce in encouraging equality and diversity.

We want to ensure that applications for flexible working are treated fairly for different groups of people. We need your help and co-operation to enable us to do this, but filling in this form is voluntary.

Your responses are confidential and HR will only use this information for statistical analysis.

You may either - complete this form on-screen and email it to hr.provide@nhs.net, Or, you can complete with a pen and post it to HR. Name:

Pay Band:

Department: What is your current working pattern?

Full-time Part-time Prefer not to say Date of Flexible Working Application: Nature of Request: Reduction in hours Flexi-time

Annualised Hours Compressed Hours

Staggered Hours Other (please describe)

Job Sharing

Was your Application:

Agreed

Term-time only working Change in working hours pattern

Not Agreed

Compromise reached

Do you have caring responsibilities? If yes, please tick all that apply None Primary carer of a child/children (under 18) Primary carer of disabled child/children Primary carer of disabled adult (18 and over) Primary carer of older person Secondary carer (another person carries out the main caring role) Prefer not to say Gender Man Woman Intersex Non-binary Other (if you wish to, please specify here)

Prefer not to say

Are you married or in a civil partnership? Yes

No

Prefer not to say

Age Under 20 20-24 45-49 50-54 Prefer not to say

35-39 65-69

40-44 70+

25-29 55-59

30-34 60-64

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What is your sexual orientation?

Heterosexual Gay Lesbian Other (if you wish to, please specify here)

Bisexual

Prefer not to say

Do you consider yourself to have a disability or health condition?

Yes No Prefer not to say What is your ethnicity?

Ethnic origin is not about nationality, place of birth or citizenship. It is about the group to which you perceive you belong. Please tick the appropriate box White White British White Irish Prefer not to say Any other white background, please specify: Mixed/multiple ethnic groups White and Black Caribbean White and Black African White and Asian Prefer not to say Any other mixed background, please specify: Asian/Asian British Indian Pakistani Bangladeshi Any other Asian background, please specify:

Chinese

Prefer not to say

Black/ African/ Caribbean/ Black British Black/Black British - African Black/Black British – Caribbean Prefer not to say Any other Black/African/Caribbean background, please specify: Other ethnic group Any other ethnic group, please specify:

Prefer not to say

What is your religion or belief?

No religion or belief Buddhist Christian Muslim Sikh Prefer not to say If other religion or belief, please specify:

Hindu

Jewish

Thank you.

Please note that we will only use this data for the purposes of monitoring applications for Flexible Working. You can check and update your own personal information on ESR by logging into your account.

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APPENDIX 5 – EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’ Name of project/policy/strategy (hereafter referred to as “initiative”):

FLEXIBLE WORKING Policy (HRPOL16)

Provide a brief summary (bullet points) of the aims of the initiative and main activities: The purpose of this policy is to set out Provide’s commitment to helping employees balance work and home life by the provision of supporting flexible working arrangements. It is the aim of this policy to be compliant with legislation, to reflect NHS provisions where they apply, and to reflect good HR practice. This policy applies to all employees, irrespective of contracted hours, grade, status or gender and will be supported by practical guidance for managers and colleagues.

Project/Policy Manager: Director, People Partnering

Date: 04/04/2024

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

The policy is likely to have a positive impact on all employees, as they are able to make numerous requests for flexible working in a 12 month period.

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why?

Or is it clear at this stage that it will be equality “neutral”?

No adverse impact on any group.

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.

Detailed assessment not required at present. We will continue to monitor requests made by employees and any appeals raised, where requests have not been able to be accommodated.

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Guidelines: Things to consider Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.

Further information: Useful Websites www.equalityhumanrights.com Website for new Equality agency www.employers-forum.co.uk – Employers forum on disability www.disabilitynow.org.uk – online disability related newspaper www.womenandequalityunit.gov.uk – Gender issues in more depth www.opportunitynow.org.uk - Employer member organisation (gender) www.efa.org.uk – Employers forum on age www.agepositive.gov.uk – Age issues in more depth © MDA 2007 EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

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