Flexible working requests in the NHS

Under Section 33 of the NHS Terms and Conditions of Service Handbook, NHS employees covered by that section in England, Wales and Northern Ireland have a contractual right to ask for flexible working from their first day, with no limit on how many requests they can make in 12 months and no restriction on the reason. The handbook then sets out a staged process that trusts are expected to build into their own policies. Scotland has a separate version of Section 33, so check it if you work there.

Contractual and statutory rights

There is also a legal right. GOV.UK says all employees can ask for flexible working, including changes to their hours, start and finish times, days or place of work, and can do so from their first day in a job. Employers have to deal with requests in a reasonable manner and can refuse only for a good business reason. The statutory right has limits on how many requests you can make, which the flexible working requests guide explains. The NHS contractual right has no limit on the number of requests in a 12-month period.

Northern Ireland has its own statutory rules, so the GOV.UK page does not apply there.

The options the handbook lists

The handbook says employers and unions should work together to develop and publicise options, including:

• fixed working patterns, to give certainty over hours or location
• part-time working, meaning any number of hours under 37.5
• flexi-time around core hours, including staggered start and finish times
• compressed or elongated hours
• average hours patterns, such as annualised or monthly
• term-time working
• job share
• flexible retirement
• team self-rostering
• homeworking for some or all of the working pattern.

Employers should consider how they promote these at recruitment, induction and in one-to-ones, and when advertising a job. Policies should aim for equal access whatever your role, shift pattern, team or pay band. The job share guide covers one of the options in more detail.

How a request should be handled

The handbook asks trusts to agree a standard process locally with their unions. It should cover all requests, follow the statutory timescales and allow extensions by mutual agreement, and encourage you to say if the request is a reasonable adjustment for a disability under the Equality Act 2010.

Local policies should include three stages:

1. An exploratory stage with a meeting to look at all the options for a mutually agreeable result.
2. Where the request has not been agreed after that, an escalation stage to see whether anything beyond the immediate team could work, including a consultation meeting with you to discuss alternatives and the practical effects of accepting or rejecting.
3. A final stage. For an agreed solution, the employer confirms and documents the arrangements, including timeframe, whether the change is temporary or permanent and any review dates. For a request that is not agreed, it checks that the statutory consultation requirement has been met, then gives objectively justified, specific written reasons, the alternatives it considered and details of how to appeal.

The employer should log and monitor requests centrally, and line managers should have training and access to advice.

Appeals

Trusts should agree a standard appeal process with their unions that is open to all staff. You have the right to be represented by a trade union representative at the appeal meeting. The handbook says those hearing appeals should look at whether the local process was followed and whether all appropriate options were fully considered. If you think the legal process was not followed, ACAS or a union can explain your options, and the grievance guide covers the general route.

Carers and monitoring

Every NHS employer must have a carer’s policy, and the handbook says that policy should stress the benefits of flexible working, balancing work and personal life and employment breaks. See the NHS career break guide for the break scheme. Employers should also record data on requests and outcomes and report it through their joint partnership structures, including by protected characteristic.

What to check

• Your trust’s flexible working policy, which is where the stages, timescales and appeal route are written down.
• Whether your request is also a reasonable adjustment, and if so, say so in the request.
• Whether the written outcome gives specific reasons and the alternatives considered.
• Any trial period or review date, so the change does not lapse without notice.
• The effect on pay and pension if your hours change. The part-time workers’ rights guide covers equal treatment.

A union representative can help you write a request and attend meetings.