Policy: C17 Career Break Scheme Policy - West London NHS Trust · 2018-12-05 · West London Mental Health NHS Trust_____ page 2 of 20 Policy: C17 Date of First Issue: May 2003 This

West London Mental Health NHS Trust______________________________________ page 1 of 20

Policy: C17 Date of First Issue: May 2003 This is current version C17/09 June 2018

Policy: C17 Career Break Scheme Policy Policy relates to: Leave policy (L4) and Flexible Working patters policy (F6)

Version: C17/09

Ratified by: Trust Partnership Forum

Date ratified: 26th June 2018

Title of Author: Head of HR Consultancy Services

Title of responsible Director

Director of Organisation Development and Workforce

Key Policy Stakeholders

Trust Partnership Forum

Date issued: 2nd July 2018

Review date: June 2021

Target audience: All staff trust-wide

Disclosure Status B: Can be disclosed to patients and the public

EIA / Sustainability

C17 EIA.doc



Equality & Diversity Statement

The Trust strives to ensure its policies are accessible, appropriate and inclusive for all. Therefore all relevant policies will be required to undergo an Equality Impact Assessment and will only be approved once this process has been completed.

Sustainable Development Statement

The Trust aims to ensure its policies consider and minimise the sustainable development impacts of its activities. All relevant policies are therefore required to undergo a Sustainable Development Impact Assessment to ensure that the financial, environmental and social implications have been considered. Policies will only be approved once this process has been completed.



Version Control Sheet

Version Date Title of Author Status Comment

C17/01 May 03 Human Resources New Policy

C17/02 March 08 HR Business Manager Revisions in accordance with Agenda for Change terms and conditions

C17/03 July 08 HR Business Manager Revision to include reference to Pensions Officer para 10

C17/04 Oct 08 HR Business Manager Final version following consultation process – no amendments

C17/05 Nov 08 HR Business Manager Revised Policy issued Dec 2008

Final approved version with updated job titles

C17/06 June 10 HR Business Manager Scheduled review. Minor amendments to paras 1, 3, 7, 8 and 10 and App 2

Revised policy out for consultation from 18/10/10 – till 01/11/10

C17/07 Dec 10 HR Business Manager Revised Policy issued 08/12/10

Submission to Nov 10 TPRG for approval. Approved at 22nd November Policy Review Group

C17/08 Jul 13 Head of HR Consultancy Services

Revised Policy Scheduled review. New policy format for paras 1 to 4. Addition of principles section (para 5). Revised paras 15 to 18. Minor changes to wording and formatting throughout but no changes in the key terms and operation of the policy.

C17/08 Aug13 Head of HR Consultancy Services

Revised Policy Policy approved at TPF on 19/08/13

C17/08

Sept 13

Head of HR Consultancy Services

Revised Policy

Consultation ended on 20/09/13, comments received and incorporated.

Presented to Oct TMT



C17/08

Feb 14

HR Business Manager

Minor revisions

– Approved

Re-issued 27.03.14

C17/08 June 2018 L&D Partner Forensics and Induction

Minor revisions, ratified & reissued

Ratified outside the Trust Partnership Forum using voting buttons June 2018



Contents

1. Flowchart ........................................................................................................................... 6

2. Introduction ....................................................................................................................... 7

3. Scope ................................................................................................................................. 7

4. Definitions ......................................................................................................................... 7

5. Duties ................................................................................................................................. 8

6. Principles ........................................................................................................................... 9

7. Reason for a Career Break ............................................................................................... 9

8. Duration ............................................................................................................................10

9. Application Process.........................................................................................................10

10. Continuous Service ......................................................................................................11

11. Keeping in Touch .........................................................................................................11

12. Return to Work .............................................................................................................11

13. Conditions of Service ...................................................................................................12

14. Management Guidance ................................................................................................13

15. Training .........................................................................................................................15

16. Monitoring .....................................................................................................................15

17. Fraud statement ...........................................................................................................16

18. References (external documents) ...............................................................................16

19. Supporting documents (trust documents) .................................................................16

20. Glossary of terms / acronyms .....................................................................................16

21. Appendices ...................................................................................................................16

Appendix 1 ..............................................................................................................................17

Appendix 2………………………………………………………………………………………………18

Appendix 3……………………………………………………………………………………………… 20



1. Flowchart

Request Career Break

Complete Career Break Application (appendix 1). Submit to line manager 3 months before intended commencement date – request can be for a minimum 3

months to a maximum of 3 years.

Application Agreed

Manager to consider application

Time Frame of 10 working days for manager to respond to their request

for career break

If Employee does not agree with decision, may persue

under the ‘Trust Grievance & Disputes Procedure’

Application Declined

Career break under 12 months

Return to work

Career break over 12 months

Employee to sign agreement (Appendix 2) as part of the

Career Break Process

Staff informed of outcome in writing from manager

Employee to inform manager in writing of return to work, 2 months before return date

Employee to inform manager in writing of return to work, 6 months before return date



2. Introduction

2.1 The Trust recognises that employees need to balance work responsibilities with their domestic, family and other commitments. Every year, around 90,000 people in the UK take a career break to focus on personal and/or professional development. Taking a career break can be a way of enhancing an employee’s personal and professional development. Employees who have had a career break often return with a more positive outlook and enhanced skill set.

The aim of the policy is to inform employees of the eligibility, notification and general arrangements for the Career Break Scheme.

2.2 In addition to the benefits in terms of work life balance, the Career Break Scheme has the following objectives;

retaining trained and experienced staff

exemplifying the Trust’s commitment to equal career opportunities

reducing employee ‘burn-out’ in mid-career

providing a pool of trained, committed employees available for short periods to cover peaks in workload and holidays

reducing recruitment costs

2.3 This policy is in accordance with the Agenda for Change: Terms and Conditions of Service Handbook, the Employment Rights Act 1996, the Equality Act 2010 and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

3. Scope

3.1 All members of staff can apply for a career break providing they have:

a) one year’s continuous service with the Trust and b) a satisfactory performance and attendance record. c) satisfactory arrangements are in place to continue payments or settle: any

outstanding debt to the Trust or regular pay deduction agreement Eg, overpayment recovery, parking permit, season ticket loan, cycle to work scheme etc. Employee Services can provide details of any outstanding or ongoing debts or regular deductions. A failure to keep to the arrangements could lead to the career break ending early.

4. Definitions

4.1 A Career Break is a type of special leave which allows an employee to take an extended period of unpaid leave from work that begins with an intention to resume working at an agreed date in the future. The scheme also prepares the employee to return to a career with the Trust.



5. Duties

5.1 Chief Executive

The Chief Executive is responsible for ensuring that the Trust has policies in place and complies with its legal and regulatory obligations.

5.2 Accountable Director

The accountable director is responsible for the development of relevant policies and to ensure they comply with relevant standards and criteria where applicable. They must also contain all the relevant details and processes as per P3. They are also responsible for trust-wide implementation and compliance with the policy.

5.3 Managers

Managers are responsible for ensuring policies are communicated to their teams / staff. They are responsible for ensuring staff attend relevant training and adhere to the policy detail. They are also responsible for ensuring policies applicable to their services are implemented.

Mangers should also;

Consider requests for career breaks fairly and reasonably in accordance with legislation and the guidance in this document.

Ensure that service delivery is not adversely affected by the approval of a career break.

Look for opportunities and benefits arising for other staff to act up to cover staff on short term career breaks (6 months or less)

Ensure that individual agreements for career breaks are properly recorded and monitored.

Ensure that staff on career breaks are updated on changes in managerial reporting arrangements.

Provide feedback and justification if a request cannot be accommodated.

Guidance for managers can be found in section 14 of the policy.

5.4 Policy author

Policy Author is responsible for the development or review of a policy as well as ensuring the implementation and monitoring is communicated effectively throughout the Trust via CSU / Directorate leads and that monitoring arrangements are robust.

5.5 Local policy leads

Local policy leads are responsible for ensuring policies are communicated and implemented within their CSU / Directorate as well as co-ordinating and



systematically filing monitoring reports. Areas of poor performance should be raised at the CSU / Directorate SMT meetings.

5.6 Specific staff for policy

HR Business Partners and the HR Advisory team will raise awareness of the career break scheme and of the benefits to the Trust in terms of retaining staff and to;

Ensure compliance with relevant legislation (Employment rights Act, Equality Act and discrimination legislation)

Offer support to line managers dealing with requests for career breaks

Monitor applications made under this policy and promote consistency in the way requests are managed

Help to ensure that staff that take a career break are not disadvantaged in terms of future job opportunities

5.7 All staff

Any employee that is intending to apply for a career break should discuss the issue first with their manager and fully consider the implications of a period of unpaid leave and the effects on their own terms and conditions. Employees must ensure that whilst on a career break, any changes in contact details are provided to their line manager.

6. Principles

6.1 The following principles are for both managers and staff.

A career break may be any period of time between three months and three years

All requests should be given proper consideration and not unreasonably refused

The career break scheme will be open to all employees with the one year’s continuous service and satisfactory performance and attendance records

During the period of any career break, the employee will be required to keep in touch with the Trust at regular intervals

The employee will not be permitted to take up any other paid employment during a career break

The granting of a career break and the length of the break will be entirely at the Trust’s discretion and will depend on the operational needs at the time.

7. Reason for a career break 7.1 Some typical reasons for requesting a career break are;

to take time out to care for dependants

to manage domestic/family commitments



to return to career related study

for personal development

overseas travel, for example for the purpose of visiting family

time off to allow an employee to pursue a personal interest or undertake a personal project

This list is not exhaustive and consideration will be given to staff that wish to apply for a career break for other reasons. The granting of a career break will however be entirely at the discretion of the Trust, and all requests will be considered in the light of service needs.

7.2 Outside employment should not normally be undertaken during the career break, unless, for example, work overseas or charitable work would broaden experience. This requires the express written permission of the relevant Service/CSU Director. Failure to comply with this condition could lead to the termination of employment.

8. Duration

8.1 The maximum period for a career break will normally be up to 3 years, with a minimum of 3 months. More than one break is possible provided that the total absence on career breaks does not exceed 5 years. There must be a period of at least one-year worked at the Trust between breaks.

9. Application Process

9.1 Employees wishing to apply for a career break must complete the Career Break Application Form (see Appendix 1) at least 3 months in advance of the proposed commencement date. This form must be submitted to their line manager who should acknowledge receipt within 10 working days.

9.2 When considering requests for career breaks, managers must give particular regard to the cost and availability of cover and impact on the service. All career breaks must be authorised by the relevant Service/CSU Director in consultation with HR. Employees will be informed in writing by their manager as to whether their application is successful. If the application is successful, the employee must sign an agreement varying the contract of employment for the duration of the career break (see Appendix 2).

9.3. The Trust maintains the right to decline a request for a break. In these circumstances, the employee will receive written reasons for the refusal. If the individual is not satisfied with the decision, they may pursue the matter under the Trust’s Grievance and Disputes Procedure.



10. Continuous Service

10.1 Employees will not be asked to resign to take a career break, although there will be a change to the contract of employment. The Career Break will be unpaid, and provisions depending on length of service (i.e. occupational sick and maternity provisions, contractual redundancy payments, and annual leave entitlements) will be frozen during the career break. Periods of paid employment with the Trust during the career break will however, count as reckonable service.

10.2 The employee will be required to sign an agreement (see Appendix 2) detailing the conditions and contractual arrangements for the break; this will include an undertaking that the employee will not enter into paid work for another employer.

10.3 After a career break the employee will return to the service benefits accrued before the break. The incremental date will need to be adjusted to take into account unpaid leave and reckonable service.

11. Keeping in Touch

11.1 Line managers and employees have a joint responsibility for keeping in touch on regular basis to ensure that the employee is kept up-to-date with relevant

departmental information. 11.2 The employee must keep their line manager informed of any changes to contact details.

11.3 Whilst on a career break the employee must be available for work and/or training

for a minimum of 10 days per year at a mutually agreed time. Mandatory training must be kept up to date. Additional working arrangements that are mutually beneficial may be agreed.

11.4 Employees should maintain any professional registration, attend departmental meetings where necessary, and keep up to date with developments in their profession.

12. Return to Work

12.1 The employee must give a minimum of;

two months written confirmation of their return date if the break was for one year or less or

six months notice if the break was longer than one year. At this time the line manager will contact the HR Department to identify a suitable post.



12.2 If the break is less than one year, so far as reasonably practicable the employee will return to the same grade and post. If the break is more than one year, the employee may be offered an alternative post, which is considered suitable in terms of knowledge, skills and experience. Every effort will be made to enable employees to return to the same or a similar job at the same level / grade as when they left but no guarantee can be given in this respect. Contractual rights must be observed.

12.3 On request, options including part time work and job sharing will be considered (see F6 the Flexible Working Patterns Policy).

12.4 To avoid delaying return to work on the agreed date, employees must keep all mandatory training and appropriate professional registration and eligibility to work (e.g. limited leave to remain and/or certificate of sponsorship) and DBS clearance up to date.

13. Conditions of service

Employment status The contract of employment is maintained, with necessary variations to terms and conditions as detailed in an agreement.

Pay The career break will be unpaid, with the exception of the 10-day minimum work/ training period.

Sickness, Maternity, leave/pay

No entitlement to occupational sickness, or maternity pay during the career break.

Annual leave Annual leave may only be taken in the leave year of which it is due. Employees are therefore advised to take any annual leave owing before commencement of the career break if that break carries over into the next leave year.

Only the minimum statutory annual leave entitlement will be accrued during the career break period. The leave cannot be taken whilst on a career break and cannot be carried over to a new leave year.

Reckonable service Only periods of paid NHS employment during the career break will be regarded as reckonable service. Service related benefits are therefore not accrued during the career break.

Incremental

status

Credit will be given for periods of paid NHS employment during the career break.



Superannuation – Retainer Schemes SD(90)21:

2 or more years:

Automatically preserved for pension although the time on the career break may lead to a reduction of the pension on retirement.

Less than 2 years:

The employee may choose to opt out of the Scheme and apply to have contributions refunded.

Members of the NHS Pension Scheme may choose to continue contributing for up to 2 years.

Employees considering a career break are strongly advised to discuss options and the effect on their pension position and associated benefits directly with the EQUINITY Pensions Team and the NHS Pensions Agency at the earliest opportunity.

http://www.nhsbsa.nhs.uk/Pensions/Documents/Pensions/Authoris

ed_Leave_-_Career_Breaks_Factsheet__V1_07_2010_(V1).pdf

Employees with MHO Status must be aware that if they have a career break of 5 years or more in any pensionable NHS employment it may affect their special rights.

14. Management Guidance 14.1 Employees should complete the Application Form (see Appendix 1) as early as

possible and no later than three months prior to the Career Break. In exceptional cases, however approval may be given with less notice.

14.2 Issues to consider when considering an application.

Length of Service

Employee must have 1 year’s continuous service.

Performance and attendance

A satisfactory employment record is an eligibility requirement. The employee’s attendance, timekeeping, disciplinary and performance record must be considered. An employee currently under a performance management process would not normally be granted a career break.

Overpayments recovery and ongoing deductions

It is important that decisions relating to Career Breaks do not prevent the Trust from recovering overpayments or resolving ongoing deductions from pay which overlap with the unpaid Career Break. Alternative arrangements or settling outstanding payroll deduction issues need to be discussed, agreed and documented before confirming a Career Break. A relatively high proportion of staff do not return from Career Breaks and recovery of any monies

http://www.nhsbsa.nhs.uk/Pensions/Documents/Pensions/Authorised_Leave_-_Career_Breaks_Factsheet__V1_07_2010_(V1).pdf

http://www.nhsbsa.nhs.uk/Pensions/Documents/Pensions/Authorised_Leave_-_Career_Breaks_Factsheet__V1_07_2010_(V1).pdf



owed to the Trust is more difficult, especially if they have left the UK.

Reason(s) for the career break

Typically to take time out to care for dependants, for domestic/family commitments, for personal development or to return to career related study.

Application On receipt of the application, the manager should arrange a meeting with the employee within two weeks to discuss details of the proposed career break.

A copy of the form must be forwarded to HR for monitoring purposes.

Approval The manager must take all factors into account when considering an application for a career break, including;

whether the employee is eligible to apply alternative methods for covering the post current/projected workload of the team retention of skilled workers needs of the department – other staff may be absent for some

time (i.e. maternity leave, sickness)

The manager should discuss in detail the reason(s) for the career break and establish that there is a genuine commitment to return to work.

All career breaks must be authorised by the relevant Director in consultation with HR.

A decision should be confirmed in writing to the employee within two weeks of the meeting. If approval is not given, a meeting should be held to explain the reasons.

HR will prepare the necessary documentation for a career break, monitor the take up of the scheme, and report to the Trust Board on its effectiveness.

Keeping in touch

The line manager should ensure that staff are updated on business and organisational changes. For example, by sending copies of minutes of meetings, the Vacancy Bulletin, Team Brief/Mental Health Matters, information on relevant training courses, etc, as well as inviting employees to meetings, if convenient /appropriate.

The line manager will arrange an annual review meeting with the employee (for longer career breaks).

All copies of correspondence should be forwarded by email to HR and kept on the personal file.



Link Person It is important that the employee has a link in the Trust, normally their line manager.

Cover arrangements

If possible, the career break period should be covered initially on a fixed-term basis, however each case should be reviewed on its merits e.g. ability to recruit, staff turnover, possibility of acting/secondment arrangements etc.

Paid employment

Employees are required to be available during the career break for 10 days employment in each year. This may be for project work, training or a work placement in their normal work area.

Any dates should be mutually agreeable between the employee and manager, and should provide six weeks notice on either side. Work will be paid at the employee’s substantive grade.

Monitoring The scheme requires careful management to ensure that funded establishments are not exceeded. Managers must maintain accurate records of staff on the scheme, cover arrangements and review arrangements.

15. Training

15.1 There is no formal training provided on this policy. The Trust provides training for managers that will provide and overview of this topic. Staff can also access courses on Work Life Balance.

15.2 All staff have a responsibility to familiarise themselves with this and other relevant Trust policies and procedures. Managers should ensure that they have sufficient knowledge to explain opportunities and consider requests from staff, seeking further advice from the HR Advisory Team or HR Business Partner where necessary.

16. Monitoring

16.1 The Director of Organisation Development and Workforce has responsibility for the overall monitoring of the policy.

16.2 Local service monitoring will be through the HR Business Partners and CSU management teams.

16.3 The HR Advisory team will monitor calls and entries on the online case management system associated with the application of this policy.

16.4 Staff awareness of the Trust’s flexible working options is monitored through the annual Staff Survey.

16.5 See full monitoring template at Appendix 3.



17. Fraud statement

17.1 Fraud within the NHS is unacceptable and diverts valuable resources away from patient care. Any concerns over deliberate misapplication of the policy should be reported to the Trust’s Local Counter Fraud Specialist or Director of Finance or ring the National Fraud and Corruption reporting line on 0800 028 40 60.

17.2 Please refer to the Trust’s Counter Fraud Policy and Reporting Procedure (F2)

for details. The policy is available on the Exchange.

18. References (external documents)

This policy should be read in conjunction with the following:

Career Breaks Guidance – https://www.gov.uk/career-breaks

19. Supporting documents (trust documents) CIPD Flexible Working Provision and Uptake – survey report May 2012

Consultation on Modern Workplaces – HM Government November

20. Glossary of terms / acronyms

CIPD CHARTERED OF PERSONNEL AND DEVELOPMENT

CSU CLINICAL SERVICE UNIT

HR HUMAN RESOURCES

NHS NATIONAL HEALTH SERVICE

21. Appendices

Appendix 1 – Application for a Career Break

Appendix 2 – Agreement to Vary Terms & Conditions of Employment

Appendix 3 – Monitoring Template

https://www.gov.uk/career-breaks



Appendix 1

CAREER BREAK APPLICATION FORM

Full Name

Home Address

Job Title

Grade

Ward/Department

Date of continuous NHS Service

Date of continuous Service with the Trust

Length of Career Break

Requested Dates Start Date End Date

Reason for Career Break

I understand and accept the conditions of the Career Break Scheme.

Signature:

Date:

Managers will take all factors into account when considering an application for a career break.

All career breaks must be authorised by the relevant Service Director or someone with delegated authority in consultation with HR.

A decision should be made within 2 weeks of the meeting

West London Mental Health NHS Trust Page 18 of 20

Policy C17 | First issued in MAY 2003 This is version C17/09 / 17 Jan 17

Appendix 2

CAREER BREAK SCHEME

AGREEMENT TO VARY TERMS AND CONDITIONS OF EMPLOYMENT

I, ________________________________ (“The Employee”) hereby agree in consideration for

taking a Career Break commencing on ___________ [date] until ___________ [date] (“The Career

Break Period”) in accordance with the West London Mental Health NHS Trust Career Break

Scheme (“the Career Break Scheme”), to the following variations to the Terms and Conditions of

my employment with the West London Mental Health NHS Trust (“The Employer”):

1. I understand and accept that under the Career Break Scheme I will not necessarily be able

to return to the same post at the same level/grade that I occupied prior to commencement

of the Career Break. I understand that whilst every effort will be made to enable me to

return to the same or a similar post at the same level/grade as I occupied prior to

commencement of the Career Break, that the Trust cannot guarantee that such a post or

grade will be available. In this regard, I accept and acknowledge that if:

a) The post which I occupied prior to commencement of the Career Break is

unavailable; and

b) On the date that the Career Break comes to an end I refuse to return to a post

identified as a suitable alternative by the Trust,

I will not be entitled to a contractual redundancy payment.

2. I understand and accept that my Reckonable Service for the purposes of calculating

contractual benefits will cease to accrue during the Career Break (except insofar as

Reckonable Service is accrued in accordance with the Career Break Scheme) and will

recommence if and when I return to the post I occupied prior to the commencement of the

Career Break or a suitable alternative post which has been identified by the Trust, at the

level that had been accrued prior to the commencement of the Career Break.

For the avoidance of doubt, I accept that this applies to the following contractual benefits:



(i) Occupational Sick Leave

(ii) Occupational Sick Pay

(iii) Additional Maternity Leave

(iv) Occupational Maternity Pay

(v) Contractual Annual Leave

(vi) Contractual Redundancy Payment

(vii) Any other contractual benefits not specifically mentioned above for the purposes of

which Reckonable Service is calculated.

3. I understand and accept that I must be available for work and/or training for a minimum of

10 days per year at a mutually agreed time during the Career Break. For the avoidance of

doubt, I understand and accept that I will not be paid during the Career Break, except in

accordance with the Career Break Scheme.

4. I shall not undertake paid employment of any kind during the Career Break, except in

accordance with the Career Break Scheme. I understand that failure to comply with any of the conditions could lead to the termination of my employment.

5. I will promptly notify the Trust of any changes to my contact details. 6. I understand and accept that I must give written confirmation of my return date As set out in

paragraph 11.1 of the Career Break Scheme. 7. I understand, accept and agree to all provisions of the Career Break Scheme as set out in

the attached document.

Signed:

(The Employee)

Date:

Signed:

Position:

(On behalf of West London Mental Health NHS Trust)

Date:

This Agreement is intended to vary the Terms and Conditions of Employment between the

Employer and the Employee.



Appendix 3

MONITORING TEMPLATE

Minimum Requirement to be Monitored

WHO (which staff /

team / dept)

HOW MONITORED (Audit / process / report / scorecard) - list details

HOW MANY RECORDS (No of records /

% records)

FREQUENCY (monthly / quarterly

/ annual)

REVIEW GROUP (which meeting /

committee)

OUTCOME OF REVIEW / ACTION TAKEN (Action plan / escalate to

higher meeting)

Number of career break applications.

HR Consultancy Services

HR Scorecard

100% Quarterly HR Management Group & Trust Board

Ensure compliance in terms of timescales and the numbers agreed and declined


HR Advisory Team

HR Electronic Case Management System

100% Quarterly HR Management Group & Trust Board

Ensure compliance in terms of timescales and the numbers agreed and declined


HR Business Partners

HRBP Performance Reports

100% Quarterly CSU SMT Ensure compliance in terms of timescales and the numbers agreed and declined