Flexible Working UHL Policy...Flexible Working Policy Page 2 of 22V8- extension to review date approved by PGC Chairman 24/4/20 Trust Ref: B7/2010 Next Review: October 2020 NB: Paper

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Flexible Working UHL Policy

Policy review date extended for six months as Policy is still fit for purpose, as agreed by PGC Chairman 24/4/20

Approved By: Policy And Guideline Committee

Date Approved: 20 December 2014

Trust Reference: B7/2010

Version: Version 8

Supersedes: V7– 12 April 2019(PGC date extension)

Author / Originator(s):

Linda Williamson, Senior Human Resources Advisor

Name of Responsible Committee/Individual:

Hazel Wyton, Director of People and OD

Latest Review Date 30 April 2019 (extension requested)

Next Review Date: October 2020

Flexible Working Policy Page 2 of 22 V8- extension to review date approved by PGC Chairman 24/4/20 Trust Ref: B7/2010 Next Review: October 2020

NB: Paper copies of this document may not be most recent version. The definitive version is held on INsite Documents

CONTENTS

Section Page

1 Introduction 3

2 Policy Aims 3

3 Policy Scope 3

4 Definitions 3

5 Roles and Responsibilities 4

6 Policy Statements, Standards, Procedures, Processes and Associated Documents

4

7 Process for Monitoring Compliance 10

8 Equality Impact Assessment 10

9 Legal Liability 10

10 Supporting References, Evidence Base and Related Policies 12

11 Process for Version Control, Document Archiving and Review 12

Appendices Page

1 Guidance for responding to flexible working requests 13

2 Application form to request flexible working 15

3 Acceptance letter 16

4 Rejection letter 17

5 Rejection letter following an appeal 18

6 Managers checklist 19

REVIEW DATES AND DETAILS OF CHANGES MADE DURING THE REVIEW

October 2018 – extension to review date agreed by PGC (to April 2019)

The existing guidelines were reviewed and agreed by P & G in March 2013 with a review date of March 2016. There were significant changes to employment law in June 2014. The guidelines were therefore updated and reviewed by P & G in July 2014. P & G have asked for the guidelines to be in policy format with a deadline of December 2014.

KEY WORDS

Flexible Working Work Life Balance Equal Opportunities

SUMMARY

This combined policy and procedure sets out the Trust’s commitment to support all staff to balance work and other life needs, to promote the use of flexible working patterns and where possible to ensure equal opportunities in employment.



1 INTRODUCTION

This document sets out the University Hospitals of Leicester NHS Trusts policy regarding Flexible Working.

The Trust has introduced this policy under provisions set out in the Employment Rights Act 1996, and regulations made under it. This legislation places a duty on the Trust to consider these requests using a standardised process.

An individual with a legal right to make and making an application to their employer under the Flexible Working Regulations has the right not to be subjected to any detriment as a result of their application.

With effect from the 30 June 2014, the right to request flexible working will be extended to all employees who have worked for their employer for at least 26 weeks or more. The Trust will also consider requests from employees who meet the eligible criteria to request flexible working. Any request will be considered by the individual’s line manager. In these circumstances the individual is required to complete sections 2a – 4 of the flexible working form.

2 POLICY AIMS

This policy aims to provide practical guidance and information on improving working lives by the implementation of flexible working, examples of which are detailed in Section 4.

3 POLICY SCOPE

The policy outlines the process to be followed by all employees and their managers. The Trust expects all managers to consider requests positively, and wherever possible, accommodate flexible working patterns. This policy applies to all requests, permanent or temporary, made by any individual to work flexibly for any reason, if they would result in a change of contractual terms.

4 DEFINITIONS

Flexible working is an agreed way of an employee working their hours to suit their needs and work life balance whilst also meeting service requirements. Examples include, but not exhaustive are: job sharing, working from home, part time working, term time contracts, and annualised hours. In addition to Flexible Working, the Trust provides many options for staff wishing to balance their work and home commitments. Other options not covered in this document include:

Special Leave

Study Leave

Maternity Leave

Annual leave

Parental Leave

Paternity Leave

Adoption Leave

Career Break



5 ROLES AND RESPONSIBILITIES

5.1 Director of Human Resources

To ensure the development and implementation of appropriate guidance in order to promote the use of flexible working patterns, and where possible to ensure equal opportunities in employment.

5.2 Generalist Human Resources Department

To advise line managers and staff on flexible working ,ensuring the combined policy and procedure is adhered to. To advise on the Working Time Directive, and its implications to flexible working patterns. To ensure audit results are reported to the Senior Human Resources Team and if deficiencies are found, action plans will be developed and implemented.

5.3 Line Managers

. To consider all requests positively, and wherever possible, accommodate flexible working patterns.

To ensure all requests are dealt with in a timely manner and within the agreed

legal timeframe. To ensure all flexible working applications are reviewed on an annual basis For all areas live on Electronic Rostering , flexible working agreements must be

recorded as a skill on Health Roster.

5.4 Employees

To ensure that they meet the criteria to be eligible to make a request for flexible working as detailed in section 3.

To notify their manager as soon as possible, of their intention to request flexible working.

To ensure they complete the relevant application form when making a request for flexible working within the agreed timescales.

6 POLICY STATEMENTS, AND PROCEDURES

The Trust fully supports a flexible approach to work, and expects managers to consider requests positively, and, wherever possible, accommodate flexible working patterns.

Any request that is made and accepted under the statutory right will make a permanent change to the employee’s contractual terms and conditions, unless specifically advised to be reviewed annually. The employee has no right to revert to the previous working pattern (unless otherwise agreed). For example, if an employee’s new flexible working pattern involves working reduced hours, he / she has no right to revert to working the hours he / she previously worked. This is not to say that an employer will automatically



reject a subsequent request to do so (indeed as a manager, you may want to arrange only a temporary change rather than a permanent one).

Making a permanent change to a contract of employment is a big step, and is not to be entered into lightly. Employees who are concerned about this are advised to consider a trial period or a limited period of working flexibly. Employees should discuss these possibilities with their manager when they meet to discuss the application. A flow chart detailing this process is attached at Appendix 1.

Employees should be aware that the full process i.e. from receipt of initial request to the outcome of an appeal, could take up to 3 months. Therefore requests should be submitted as early as possible.

Arrangements should be reviewed by the Trust and employee, at least on an annual

basis, to ensure the agreed arrangements are mutually beneficial for both staff and service delivery. Where flexible working arrangements are no longer reciprocal and beneficial to both, this should be discussed and a new working arrangement agreed. Staff will be given adequate notice ( at least 12 weeks notice).

When occupational health make recommendations for a particular flexible working pattern to support an employee’s attendance at work, this must be considered as part of the discussions under the Trust Promoting Wellbeing And Management of Sickness Absence Policy and Procedure with reasonable adjustments to work patterns being considered. All types of flexible working must comply with the Working Time Directive, which prescribes maximum periods of daily and weekly work. The Human Resources department will advise on the Directive and its implications. Staff need to consider all the implications of a change of hours, for example :

Unsocial hours payment

Eligibility for overtime rates e.g. part time staff

Pay

Maternity pay

Other conditions of service i.e. sickness pay

Pension provision 6.1 Eligibility under the Flexible Working Regulations

6.1.1 To be eligible to make a request under this right, a person must:

Be an employee. Have worked for the Trust continuously for 26 weeks or more at the date the

application is made. Not be an agency worker. Not have made another application to work flexibly under the statutory right

during the past 12 months.



6.2 Responding to a request If an individual wishes to discuss flexible working, the manager must ask them to complete the form attached at Appendix 2, and give them a copy of Appendix 1 for their information. Within the regulations there is no set timescale for an employee to submit a request prior to the date they wish the changes to be implemented. However, they should be made aware that the process can take up to 3 months from the initial request being submitted. Once the manager has received the completed form, they should note the date received, and acknowledge receipt using the relevant form (Appendix 2) If the manager :-

Is in a position to accommodate the request, they should meet with the individual within 28 calendar days after the date on which the application is received. Agree the change and write confirming the arrangements ideally within 14 days after the date of the meeting, or

Needs to discuss the request further, they should arrange a meeting with the individual within 28 calendar days after the date of receipt of the request. Following the meeting they must write to the employee within 14 calendar days after the date of the meeting, with the decision.

In all cases the outcome must be confirmed to the individual, within 3 months of receipt of the initial request. This is inclusive of the appeal process.

6.3 Right to be accompanied A member of staff can be accompanied at any meeting held in relation to these regulations, provided that they reasonably request to do so and the person they wish to accompany them is a work colleague, or a trade union representative from an accredited trade union. They should be advised of this right prior to any such meeting. If the manager needs any assistance from their Human Resources Advisor in considering requests, they should contact them as early as possible. 6.4 Considering a request

When reviewing how a request might be accommodated a request, a manager should consider some or all of the following areas:-

a. Additional Cost Is there a cost attached to the request? Is it a significant cost when compared to both the financial cost, and lost skills and experience, if the individual left the organisation?

b. Impact on service delivery

Will this change impact on the service delivery? Is this an opportunity to expand the times that the service is available? Could it improve the quality of the service? Is this an opportunity to look at different ways of working or introduce a different skill mix, or new roles?



Could the work be re-organised amongst existing staff? If this request cannot be accommodated permanently, could it be trialled initially? Does the change support Health Rostering.

c. Retention of staff

Would this change help to retain the individual? Could the request be accommodated in a different area if it cannot be accommodated in their current area of work? If the request cannot be considered now, is it likely to be considered in the near future? Consider succession planning and the extended retirement age. The Trust may see an increase in requests for flexible working.

d. Impact on others

Has the individual discussed the change with colleagues if it impacts on them? Do you need to discuss it with others before you are able to consider the request?

e. Trial Period Could a trial period of the proposed arrangements help to determine whether or not they are workable?

f. Temporary arrangement Could agreement to a temporary arrangement be possible?

g. Equality Act 2010 Consider dependants who fall within the Equality Act. Request recommended by Occupational Health in line with the Equality Act.

6.5 What is a business ground? An application can be refused only where there is a clear business reason. The business ground(s) for refusing an application must be one of those listed below.

Business grounds for refusing a request

Burden of additional costs. Detrimental effect on ability to meet service demands. Inability to reorganise work among existing staff. Inability to recruit additional staff. Detrimental impact on quality. Detrimental impact on performance. Lack of work during the periods the employee proposes to work. Planned structural changes.



In addition to providing a specific business ground, managers must include an explanation about why the business ground applies in the circumstances. The explanation should include the key facts about any business grounds that may apply. These must be accurate and clearly relevant to the business ground. To prevent any uncertainty, the explanation should avoid the use of unfamiliar jargon and must be written in plain English.

When responding in writing, an explanation of around two paragraphs will usually be sufficient, although the actual length of explanation necessary to demonstrate why the business ground applies will differ depending on each individual case.

6.6 Confirming the decision Once the manager has met with the individual, they must confirm their decision in writing within 14 calendar days after the date of the meeting.

The manager’s letter should either;

- accept the request, detail the exact nature of the change, establish a start date and confirm a review or end date if applicable, or

- confirm a compromise reached at the meeting, establish a start date and confirm a review or end date if applicable, or

- Reject the request, using the standard letter in Appendix 6 giving a clear explanation of the reasons why, (the business grounds). The explanation must be accurate. It is not a requirement for the employer to provide the detail in the explanation, but they should ensure that they are able to back up any information should the decision be disputed. A decision to reject an application based on incorrect information would provide an employee with a basis to make a complaint to an employment tribunal The letter must also inform the individual of their right to appeal to the next in line manager. The member of staff should be informed that if they wish to appeal, this should be in writing, be dated and should state the grounds of appeal. Their written request must be sent to the next in line manager and received within 14 calendar days after of the date of receipt of the letter informing the member of staff of the manager’s decision.

If an agreement has been reached at this stage, the manager must complete a change of circumstances form ( HR2) and process accordingly. A copy of the HR2 must be sent to the Electronic Rostering Team and ESR Administration.

The detail of the Flexible Working Agreement should be entered as a 'Formal FWA' skill for that individual within the Electronic Rostering Health Roster, with a specified review date of no longer than 12 months.

Whatever the outcome at this stage, the manager should inform their Human Resources Advisor.

6.7 Appeal process

If the individual appeals the original decision, a meeting must be held with them within 14 calendar days of receipt of the appeal. The individual should be sent a letter confirming the date and purpose of the appeal meeting, and giving them the option to be represented.



For the meeting, the manager hearing the appeal (normally the next in line manager) should have reviewed both the request, and the previous manager’s response, and be sure that they have everything they need to make an informed decision. They may wish to re-visit the areas detailed in Section 6.4, and seek advice from their Human Resources Advisor before the meeting. Once the Appeal has taken place, the decision must be confirmed in writing within 14 calendar days after the date of the appeal meeting. It will either:-

- uphold the appeal and specify the exact nature of the agreed change, establish a start date and a review or end date if applicable, or

- reject the appeal, using the letter in Appendix 5, state the grounds for the decision, and inform them that they may lodge a grievance at the final Stage of the Trust Grievance and Disputes procedure if they consider they have substantial reason to do so.

If an agreement has been reached at this stage, the manager must complete a change of circumstances form ( HR2) and process accordingly. A copy of the HR2 must be sent to the Electronic Rostering Team and ESR Administration.

The detail of the Flexible Working Agreement should be entered as a 'Formal FWA' skill for that individual within the Electronic Rostering Health Roster, with a specified review date of no longer than 12 months.

Whatever the outcome at this stage, the manager should inform the Human Resources Advisor.

6.8 Extension to time limits

There are only two circumstances in which time limits can be extended: 6.8.1 Through agreement by the Trust and the employee, for example in the following

circumstances:

The suggested proposal impacts on another employee who needs to be consulted with and is on annual leave or other types of authorised leave.

The employee making the request is on annual leave or other types of authorised leave and unable to attend the meeting within the time limit

The Trust and employee agree to a trial period of the changes Such extensions can only take place if the employer and the employee are

both in agreement and there MUST be a written record, which must:

Specify what period the extension applies to

Specify the date on which the extension is to end

Be dated

Copied to the employee

6.8.2 In the absence of the person who would ordinarily consider an application on the day on which the application is received:



Where the manager is absent, e.g.:- due to annual leave or sickness an automatic extension applies. The period that the manager has to arrange the meeting (i.e. ordinarily within 28 days of receipt of the application), will commence either on the day of the manager’s return or 28 days after the application is made, whichever is the sooner. Upon the manager’s return it is best practice to acknowledge receipt of the application so the employee is aware the extension has been applied and the period within which they can expect to meet to discuss the request. There are no other circumstances where an automatic extension applies. If you are unsure about whether an extension is appropriate please speak to your Human Resources Advisor.

6.9 Requesting and Arranging Alternative Dates for meetings. The time and place of a meeting should be convenient for all concerned. If a proposed date for a meeting under this policy is not suitable, then an alternative meeting will be arranged that is convenient for all involved, this should be held within 7 days after the date first proposed for the meeting. 6.10 Withdrawal of an Application The member of staff making an application may let their manager know, either verbally or in writing if they wish to withdraw their application for flexible working. In addition, a manager may consider the application to be withdrawn where the member of staff has without reasonable cause, failed to attend a meeting/appeal meeting under the regulation more than once, or refused to provide their manager with information required in order to assess whether the change requested can be agreed to. Managers are advised to discuss with their HR Advisor any situation in which they wish to consider the application withdrawn because of non-attendance at a meeting. Any decision to treat non-attendance more than once as a withdrawal of the application should be confirmed in writing to the member of staff. 6.11 Timescales All timescales MUST be adhered to as they are prescribed by the legislation. Failure to meet these timescales for an individual who has a legal right to request flexible working could result in a breach of the regulations. Where an extension to the timeframes has not been mutually agreed, managers must ensure this is recorded in writing. See section 6.8 for circumstances where time limits can be extended. In these guidelines, the following applies to timescales:

An application (from the member of staff), is taken to be made on the day it is received. In relation to electronic communications, this is the day on which it is transmitted; in relation to an application sent by post, to the day on which the application would be delivered in the “ordinary course of the post.”



Similarly, a response (from the manager), is taken as being given on the day it is transmitted when sent electronically and when sent by post, on the day on which it would be delivered in the “ordinary course of the post”.

7 PROCESS FOR MONITORING COMPLIANCE

Once a decision has been made, the manager should retain the request form and all associated correspondence in the individual’s personal file. Audit results will be reported to the Senior Human Resources Team and if deficiencies are found action plans will be developed and implemented. Implementation of action plans will be monitored via the Senior Human Resources Team .

Element to be monitored

Lead Tool Frequency Reporting arrangements

Lead(s) for acting on recommendations

Is the process followed

Human Resources

Sample Audit of Flexible Working documentation

Annually Senior Human Resources Team

CMG Human Resources Team

Number of appeals received

Human Resources




Number of cases referred on to ACAS once policy and procedure exhausted

Human Resources




8 EQUALITY IMPACT ASSESSMENT

If the policy will have any impact on equality, this should be described here. Otherwise the statement below should be inserted (see section 6.6 of the TRUST Policy for Policies for more detail):

8.1 The Trust recognises the diversity of the local community it serves. Our aim therefore is to provide a safe environment free from discrimination and treat all individuals fairly with dignity and appropriately according to their needs.

8.2 As part of its development, this policy and its impact on equality have been reviewed and no detriment was identified.

9 LEGAL LIABILITY

The Trust will generally assume vicarious liability for the acts of its staff, including those on honorary contract. However, it is incumbent on staff to ensure that they:

Have undergone any suitable training identified as necessary under the terms of this policy or otherwise.



Have been fully authorised by their line manager and their CBU to undertake the activity.

Fully comply with the terms of any relevant Trust policies and/or procedures at all times.

Only depart from any relevant Trust guidelines providing always that such departure is confined to the specific needs of individual circumstances. In healthcare delivery such departure shall only be undertaken where, in the judgement of the responsible clinician it is fully appropriate and justifiable - such decision to be fully recorded in the patient’s notes.

It is recommended that staff have Professional Indemnity Insurance cover in place for their own protection in respect of those circumstances where the Trust does not automatically assume vicarious liability and where Trust support is not generally available. Such circumstances will include Samaritan acts and criminal investigations against the staff member concerned.

Suitable Professional Indemnity Insurance Cover is generally available from the various Royal Colleges and Professional Institutions and Bodies. For further advice contact: Head of

Legal Services on 0116 258 8960.

10 SUPPORTING REFERENCES, EVIDENCE BASE AND RELATED POLICIES

Policies and procedures sign posted :

Trust Promoting Wellbeing and the Management of Sickness Absence Policy and Procedure

Trust Reference Number B29/2006

Trust Special Leave Policy A18/2002

Trust Maternity, Adoption and Paternity Guidelines B17/2012

Trust Annual Leave Policy B22/2013

Trust Staff Rostering Policy B5/2013

Trust WTD Policy B19/201

Trust Retirement Guidance B22/2010

Leicestershire Carers Charter 2016

For statutory provisions :

Employment Rights Act 1996

Work and Families Act 2006



11 PROCESS FOR VERSION CONTROL, DOCUMENT ARCHIVING AND REVIEW

This document will be uploaded onto SharePoint and available for access by Staff through INsite. It will be stored and archived through this system.

DEVELOPMENT AND APPROVAL RECORD FOR THIS DOCUMENT

Author / Lead Officer:

Louisa Collins Job Title: Human Resources Advisor

Reviewed by:

Approved by:

Date Approved:

REVIEW RECORD

Date Issue Number

Reviewed By Description Of Changes (If Any)

DISTRIBUTION RECORD:

Date Name Dept Received

Signatories to Agreement University Hospitals of Leicester NHS Trust Signed on behalf of Director of Human Resources Date



APPENDIX 1

Guidance for Responding to Flexible Working Requests

Within 28 Calendar Days

Within 14 Calendar Days Request is ACCEPTED

Request is REJECTED




Request is ACCEPTED

Request is REJECTED

NB: All letters sent to the employee must be received by them in the timescales given therefore allow time if sending the mail (internal or external).

The final decision, including the appeal decision, must be confirmed within 3 months on receipt of the application

Manager receives an application for flexible working

Manager and Individual meet to discuss the application

The manager writes notifying the

employee of their decision

Both the individual and the manager will need to

consider what arrangements they need to make to

ensure the working pattern is changed. The manager

needs to instruct Human Resources Shared Services

to complete the necessary paperwork ( HR2). Copy in

personal file.

The individual needs to decide if

they wish to appeal against the

decision. If so, they must appeal in

writing, setting out the grounds for

their appeal.

Manager receives the employee’s written appeal.

Manager and individual meet to discuss the appeal.

The manager writes notifying the employee of the decision

Both the individual and manager will need to

consider what arrangements they need to make

to ensure the working pattern is changed. Copy

in personal file and to Directorate HR Lead.

The individual needs to decide if they wish to lodge a formal grievance. At the final Stage of the Trust Grievance and Disputes procedure



APPENDIX 2

Guidance for Responding to Flexible Working Requests – Nursing and Midwifery



Request is ACCEPTED

Request is REJECTED

Within 14Calendar Days

Request is ACCEPTED

Request is REJECTED

NB: All letters sent to the employee must be received

by them in the timescales given therefore allow time if sending the mail (internal or external).

Request is REJECTED

Request is REJECTED

Ward Manager receives an

application for flexible working

Ward Manager and Individual meet to discuss the application. (1-2-1 meeting during consultation)

Ward Manager reviews and if in agreement recommends the request to the Matron for a decision. The manager then writes notifying the employee of their decision - (all within 14 calendar days of the 1-2-1 meeting)

A date for the agreed change to begin needs to be decided and the agreement needs recording as a skill on HealthRoster (Formal FWA) with the 12 month expiry date and the details of the agreement captured in the notes section. A copy goes in their personal file. To be reviewed and resubmitted annually.

The individual needs to decide if they wish to appeal against the decision. If so, they must appeal in writing, setting out the grounds for their appeal.

Ward Manager receives the appeal and escalates to their Deputy Head of Nursing / Head of Nursing for a decision. The manager then writes notifying the employee of the decision (within 14 calendar days of the meeting to discuss the appeal).

Both the individual and Ward Manager will need to consider what arrangements they need to make to ensure the working pattern is changed. Copy in personal file and to CMG HR Lead.

The individual needs to decide if they wish to lodge a formal grievance level 4. Within 14 days from the appeal decision they can write to the Director of HR (as per grievance policy) and await a final decision.



APPENDIX 3

Application Form to Request Flexible Working

1. Personal Details Name: Assignment number: Manager: National Insurance No: Trust start date: Date of request :

To the employer I would like to apply to work a flexible working pattern that is different to my current working pattern under my right provided under Work and Families Act, 2003, 2007 and

2009. I confirm I meet each of the eligibility criteria as follows:

I have worked continuously as an employee of University Hospitals of Leicester NHS

Trust for the last 26 weeks.

I have not made a request to work flexibly under this Statutory Right during the past 12 months.

Date of any previous request to work flexibly under this Right:

If you are not sure whether you meet any of the criteria, under this statutory right, information can be found in the Eligibility section of the Policy All employees must complete sections 2a - 4. 2a. Describe your current working pattern (days/hours/times worked): 2b. Describe the working pattern you would like to work in future (days/hours/times worked):



2c. I would like this working pattern to commence from: Date: 3. Impact of the new working pattern I think this change in my working pattern will affect my employer and colleagues as follows:

4. Accommodating the new working pattern I think the effect on my employer and colleagues can be dealt with as follows:

Name: ……………………………………………..(please print) Date:…………. Signed…………………………………………………………………………………

NOW PASS THIS APPLICATION TO YOUR MANAGER

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cut this slip off and return it to your employee in order to confirm your receipt of their application

Manager’s Confirmation of Receipt (to be completed and returned to employee) Dear: I confirm that I received your request to change your work pattern on: Date: I shall be arranging a meeting to discuss your application within 28 days following this date. In the meantime, you might want to consider whether you would like a colleague or recognised trade union / professional organisation representative to accompany you to the meeting. From:



APPENDIX 4

Right to request flexible working: Letter agreeing to an employee's request for flexible working (letter) Date

Personal & Confidential

Dear [insert name and address of employee],

Re: Flexible Working Request

Following the receipt of your Flexible Working Request form for a change to your current pattern of working, I am pleased to confirm that your request has been granted. I confirm that as from [date], your current working arrangements will change, as follows : With effect from the date above this represents a working week of [number] hours [state working pattern (if applicable) or that the hours will be worked on a rota basis in accordance with the needs of the service. As discussed with you, your new agreed working arrangement will be reviewed annually

by your Line Manager and yourself, to ensure the agreed arrangements are mutually beneficial for you and service delivery.

At the end of each 12 month period you will need to submit a further request in line with the Trust’s Flexible Working Policy.

Where flexible working arrangements are no longer reciprocal and beneficial to both parties, we will meet and have further discussions and a new working arrangement will be agreed. You will be given reasonable notice of the end date of this arrangement (minimum of12 weeks) and when the arrangement will be reviewed.

Two copies of this letter are enclosed; both of which should be signed below. One copy should be returned to me (2 weeks from issue) and the other retained for your information and future reference.

Yours sincerely

[Insert name

of ward manager]Ward Manager Line Manager Cc Personal File

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



APPENDIX 5

STANDARD LETTER TO INVITE TO A FLEXIBLE WORKING APPEAL MEETING Dear Re: Appeal of flexible working request I write further to the receipt your grounds for appeal for flexible working dated ********. I have arranged an appeal meeting to take place on ***** (date) at **** (time) at ***** (venue). Present at the meeting will be myself and ****** (name of HR representative). You have the right to be accompanied at this meeting. At the meeting you will be asked to present your grounds of appeal and I will respond accordingly. It may also be necessary to refer to the previous meeting held with your line manager, ****** (name of manager) on ****** (date). Therefore, I enclose for your information:

The Flexible Working Policy

Your Flexible Working Request dated ******

The outcome of your flexible working request dated ******

Your grounds of appeal dated *******

If you have any queries please do not hesitate to contact me on ******* Yours sincerely

Signature of Line Manager

Cc Line Manager

HR Representative

Encs.



APPENDIX 6 STANDARD LETTER TO REJECT A REQUEST Dear [insert name and address of employee], Re: Request to (detail their request here) I write further to our meeting on -------------. The meeting was arranged to discuss your request to (give as much detail as necessary). Either: At the meeting you were accompanied by *********** or: You chose not to be accompanied by a work colleague at the meeting. Having carefully considered your request, I am sorry to have to inform you that I cannot accommodate it for the following reason/s; Burden of additional costs Detrimental effect on ability to meet customer demand Inability to reorganise work among existing staff Inability to recruit additional staff Detrimental impact on quality Detrimental impact on performance Insufficiency of work during the periods the employee proposes to work Planned structural changes - Keep to plain English, and avoid the use of jargon - Explain why the business ground applies in the circumstances - Only include relevant and accurate facts - Don’t make it overly complex or unnecessarily long Give details here of any changes to their request that might mean you can accommodate it

As I indicated at our meeting, if you decide to change the day that you would prefer not to work to one earlier in the week, then I would be happy to reconsider your request. You have a right of appeal against this decision. To lodge your appeal, you should write to (give name, job title and address of your next in line manager), within 14 calendar days of receipt of this letter. Your letter should include clear reasons for your appeal. Should you lodge an appeal against this decision, your manager will write to you within 14 calendar days of receipt of your letter, giving details of a meeting to consider you appeal. If you would like to discuss my reasons for rejecting your request, please do not hesitate to contact me. Yours sincerely Signature of Line Manager

Line Manager

Cc HR Lead



APPENDIX 7

STANDARD LETTER TO REJECT A REQUEST FOLLOWING APPEAL Dear Re: Appeal of flexible working request I write further to our meeting on -------------. The meeting was arranged to consider the decision made to reject your request to (give as much detail as necessary). Either: At the meeting you were accompanied by *********** or: You chose not to be accompanied by a work colleague at the meeting. Having carefully considered both your request, and your manager’s reasons for rejecting it, I am sorry to have to inform you that I cannot accommodate it for the following reasons; Burden of additional costs Detrimental effect on ability to meet customer demand Inability to reorganise work among existing staff Inability to recruit additional staff Detrimental impact on quality Detrimental impact on performance Insufficiency of work during the periods the employee proposes to work Planned structural changes - Keep to plain English, and avoid the use of jargon - Explain why the business ground applies in the circumstances - Don’t make it overly complex and only include relevant and accurate facts Give details here of any changes to their request that might mean you can accommodate it, or confirm that you have considered the possibility of accommodating the request elsewhere.

If you are unhappy with this decision, you have the opportunity to lodge a grievance in line with the University Hospitals of Leicester - Grievance and Disputes Procedure. I enclose a copy of the procedure for your information. Should you decide to lodge a grievance, this should be put in writing to (please seek advice from your Human Resources Lead or appropriate manager) and will be heard at Stage four of the procedure. You have a right to representation at this stage. If you would like to discuss my reasons for rejecting your appeal, please do not hesitate to contact me. Yours sincerely

Signature of Line Manager

Line Manager

Cc HR Lead



APPENDIX 8

It is the Employer’s responsibility to ensure the correct process is followed for monitoring compliance

Managers Checklist

Documentation / Date

Consider requests properly in accordance with the set procedure.

Ensure that the employee meets the necessary eligibility criteria.

Ensure that the time limits contained within the procedure are adhered to.

Only decline a request where there is a recognised business ground and to explain to the employee in writing why it applies.

Any variation with the procedure is agreed in advance with the employee and recorded in writing.

Once a decision has been made, the request form and all associated correspondence should be retained in the individual’s personal file.

The detail of the agreement should be entered as a Formal FWA skill within the individual Electronic Health Roster.

Confirm 12 month review date ( date confirmed in Appendix 3)