Flexible working

How long do I need to work at the Trust to make a flexible working request?

• Employees have the right to request flexible working from “day one” of their employment.

How many flexible working requests can I make?

• Employees can make more than one flexible working request per year regardless of the reason.

Do I have to explain why I need flexible working?

• No, you do not have to explain the reason for your request, although it may be helpful for you to explain your requirements to help your manager when considering your request, or any alternatives that could be offered.

Should I talk informally to my manager to request flexible working or go straight to a formal request?

• We encourage staff to talk informally with their line managers initially. Having conversations as a line manager within your teams are also valuable to help find solutions and accommodate team needs. Significant changes (for instance those with contractual impacts, e.g. moving to annualise hours or going part time) are expected to go through the proper formal process to ensure all the details are agreed and captured.

How do I request flexible working?

• Details are available in the Flexible Working Policy which sets out the process. Your application can be made via ESR or a form dependent on your organisational policy and guidance. The written submission will confirm that you are applying to work flexibly and confirming that you qualify to make the request, i.e. that you haven’t had more than 2 requests to work flexibly in the past 12 months. You should also describe the changes you wish to make.

How to make a flexible working request on ESR

• Click here for a quick video on how to request your own flexible working request (you need to be logged on to ESR to access this).  Your Trust may also have an alternative form for you to complete and forward to your manager.

If you are not sure or have any questions, speak to your local HR team or trade union representative to seek advice and guidance.

Does my line manager need to meet with me to discuss my flexible working request?

• Yes, your manager will need to consult with you to explore options and before deciding. When meeting with your manager you should be able to discuss the request, have any relevant information considered including if the request relates to a reasonable adjustment for a disability.
• Consultation with you should be conducted in a fair and respectful manner, allowing you to express your needs and concerns. Your manager should actively listen to your views and consider possible options that could meet both your needs and the needs of the service.

How long does my flexible working request take to be decided? 

• Managers must consider the request and meet with you as soon as possible but no later than 14 calendar days from receipt of application. The legislation allows a two-month timescale from a formal request being received to the end of process including appeal, unless an extension is mutually agreed by the employee and their line manager.

If I am already working flexibly, can I put in another request?  

• Yes, employees can make more than two flexible working request per year and can do so regardless of the reason. It may be that you need to request a temporary change to your working arrangements which can be discussed informally with your manager. However, if your new flexible working request is for a more formal and permanent change, it will be considered by your manager in accordance with the Flexible Working Policy.

Does day one rights apply to me if I am in a probationary period?  

• Yes. The contractual and statutory right to request flexible working is from day one of employment. 

Could working flexibly affect my pay and annual leave?

• Basic pay and annual leave entitlements are based on whether an individual works ‘full time’ for instance 37.5 hours a week. Look at the contractual implications of your new working pattern to understand the impact. 
• If you are working less than 37.5 hours, your basic pay, annual leave and public holiday entitlement will be reduced proportionately. Your overall pay may change if your new flexible working pattern changes the number of unsocial hours you are undertaking. In addition, if your contractual hours are fewer than 37.5 hours, any overtime you work is paid at plain time up to 37.5 hours.
• You can seek further help and advice from your trade union rep and/or HR team.

Will a flexible working request make changes to my terms and conditions?

• Yes, any request that is made and accepted under the statutory right will make a permanent change to your contractual terms and conditions unless specifically advised to be reviewed annually.

If I work flexibly, could it impact my learning and development opportunities?

• This should not be the case. As an employee, you will still have access to learning and development (L&D) opportunities. If you are working flexibly or less than 37.5 hours and an L&D opportunity occurs on a day/time that you do not work, there should be a discussion with you as to how this can be accommodated. This should be the same for stretch and promotion opportunities.

Can I suggest a trial to see if the flexible arrangement is suitable?  

• Yes, please discuss options with your manager and if you both agree then your manager will confirm the duration of the trial, what is expected for it to be a success and what would happen if it were a success (e.g. a return to the pre-trial arrangements).

I changed my working hours but now I want to change them back again, can this be done?

• If you want to make changes you will need to re-apply and your manager must assess the application again.

Will the flexible working arrangement be reviewed?

• Yes, managers are encouraged to review annually.

If I move to another role will my flexible working arrangement be honoured?

• No. Flexible working arrangements apply to the role undertaken and not to the individual member of staff; therefore, any existing arrangements do not automatically transfer over with you. It is your responsibility to discuss the possibility of flexible working with a new manager and to submit a flexible working request as per the Flexible Working Policy.

Can I withdraw my request?

• Yes, if you fail to attend a meeting with no warning your manager can presume you wish to withdraw your request.

I have a disability and need flexible working as a reasonable adjustment, what’s the best way to ask for this?

• Flexible working can be a reasonable adjustment under the Equality Act 2010, so it is a good idea to make sure your manager is aware that this is the reason you are making a request as it is an additional statutory right.

I am coming back from maternity leave and would like to work flexibly, what should I do?

• If at the end of maternity, adoption, or shared parental leave, you wish to return to work on different hours your manager will discuss options with you to support you.
• If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect the employee’s right to return to their job under their original contract, at the end of the agreed period.
• If you want to start working flexibly on your return to work from maternity leave, it is advisable to discuss with your manager and submit application three or four months before you want the new arrangements to come into effect, particularly if you need to make arrangements for childcare.

During a career break, can I undertake paid employment elsewhere?

• No, you should not be undertaking alternative paid employment whilst on a career break, except for work overseas or charitable work which could broaden experience. In such circumstances written approval must be obtained from management/HR prior to the career break being approved.

I don’t see the point in asking my manager as I feel that they will say no, what should I do?

• We encourage you to think about the work life balance that you would like to achieve and the potential flexible working arrangements that could help you do this. It’s also worth thinking about what some of the benefits might be to your team and wider organisation of your proposed pattern. By preparing for some of the questions your line manager may ask you, it will help you to have a better conversation.
• If you are nervous or uncomfortable about submitting a formal request to your manager, you should consider asking to first discuss possibilities and options informally with your manager and/or seeking support from a trade union representative or work colleague. It is worth noting that your manager must consider your request properly.
• It may be that in your current work context, your manager might not be able to agree your request but there are alternatives available to explore. For example, there may be other teams within your organisation that would consider and agree your request.

Can a flexible working request be declined without giving the request due consideration?

• No, a request cannot be declined without looking into whether your preferences can be accommodated.

My flexible working request has been denied, what can I do?

• If your request gets declined, written reasons must be provided, and you can consider whether you would like to make an appeal.

Do I have the right to appeal against a flexible working request refusal?

• Yes, you must do so in writing withing 14 calendar days of the decision. Please refer to the Flexible Working Policy.

If it is not possible for my request to be accepted in my current role, what are my options?

• If your request cannot initially be agreed in your current role, seek and ask for support to explore other opportunities in the organisation.
• You might also consider if there are any other alternative patterns that will enable you to achieve flexible working, or whether there are parts of your request that could be adjusted to compromise.

I put in a request to work flexibly earlier this year, which was denied, can I put in another one? 

• Yes, you can make more than two flexible working requests in a year. Your needs and the needs of the service can change over time, and you have a right to make a formal flexible working request for any reason.