FLEXIBLE WORKING TIME AND WORK PATTERN POLICY

Transcription

1 NHS Ayrshire & Arran Organisation & Human Resource Development Policy FLEXIBLE WORKING TIME AND WORK PATTERN POLICY Version Number: 1.0 Prepared By: Policy Development & Review Working Group Effective From: September 2008 Review Date: September 2010 Dissemination Arrangements: APF Members Heads of Department Team Brief Intranet Draft August

2 Contents INTRODUCTION Page 3 Section 1 Term Time Page 4 Section 2 Flexible working, incorporating Flexi-time Page 5 Section 3 Compressed Working Week Page 8 Section 4 Part Time Page 10 Section 5 Annualised Hours Page 12 Section 6 Job Share Page 15 Section7 Working at Home Page 18 Section 8 Team Based Self Rostering Page 20 General Terms and Conditions Page 22 Standard applications process Page 25 Submitting an application for change of working time or work pattern Application Initial Meeting Request granted Request unsuccessful Appeal Procedure Page 26 Resolution of disagreement Page 27 Review Page 27 Appendix 1 Term time calculation sheet Page 28 Appendix 2 Flexible working hours and flexi-time working record sheet Page 30 Appendix 3 Job Share process flow chart Page 31 Appendix 4 Application form Page 32 September

3 Introduction NHS Ayrshire and Arran (hereinafter referred to as the Organisation) recognises that the rigidity of working practices has been identified as being one of the key reasons for individuals leaving the employment of the NHS. The organisation is committed to promoting and practicing equal opportunities in employment. This includes giving staff, wherever practicable, the opportunity to work more flexibly. This policy should be read in conjunction with the Equal Opportunities Statement and Code of Practice Aim As part of our endeavours to be an exemplar employer, NHS Ayrshire and Arran is committed to supporting staff in achieving work life balance. This policy is aimed at allowing staff to achieve more flexibility in their working pattern, to enable them to plan their work around other commitments and responsibilities, whilst still meeting the needs of the service. September

4 Section 1 Term Time 1. Policy statement The organisation is prepared to consider Term Time Working and School Time contracts to help support work life balance for staff and to improve recruitment and retention. 2. Definition 2.1 Term Time Working Term Time working allows employees to remain on a permanent contract and gives them the right to time off during school holidays. Time off is comprised of a combination of paid and unpaid leave where an individuals salary will be calculated and received in 12 equal monthly payments which will be inclusive of annual leave and Public Holiday entitlement. The member of staff can be either a full time or part time employee during this time at work. This arrangement is particularly suitable for employees with domestic responsibilities, as term time allows carers of school age children to work during the school term and to take leave during the school holidays. Individuals on term time contracts will be required to agree with their line manager on an annual basis their working pattern for the year. Annual hours worked, paid annual leave and Public Holiday entitlement will be calculated and averaged over a 12 month period to allow 12 equal monthly payments to be made. Please see Appendix 1 for calculation methodology automatic excel calculation spreadsheet available from the Department of O&HRD. 2.2 School Time Working School Time working allows employees to work during the school hours, e.g. 9am till 3.30pm or 10am till 2pm, or any variation as agreed with the line manager, which can be accommodated taking into account the requirements of the service. The working pattern agreed would be for the entire working year and not just for the school term. School time contracts may be offered in addition to term time contracts or as an alternative to them and can be utilised by all employees. September

5 Section 2 Flexible Working incorporating Flexi-time 1. Policy Statement As part of our endeavours to be an exemplar employer, NHS Ayrshire and Arran is committed to supporting staff in achieving work life balance through the promotion of flexible working practices and encourages the creation of flexible working opportunities where appropriate or feasible, without detriment to the provision of services. 2. Definitions 2.1 Flexible Working Hours Flexible working hours gives staff considerable discretion in their starting and finishing times each day, allowing staff to have more flexibility to plan their work around other commitments and responsibilities, whilst still meeting the needs of the service. Flexible working hours is similar to flexi time in that staff choose their own working hours with the agreement of their line manager. This method of working combines well with other flexible working practices (e.g. home working, compressed working week) and allows individuals to balance better their work and personal commitments. Flexible working can be a valuable tool in easing pressures on staff ensuring they are more able to provide the level of service required by the organisation. Working hours per week will be agreed between the individual and the line manager. The line manager may set parameters by agreeing in advance the levels of staff and skill mix required throughout the working day. The agreed working hours per week must also be considered and monitored in line with the arrangements outlined within the Working Time (Amendment) Regulations Each member of staff will have discretion within agreed limits to work at times of their choosing but all departments must endeavour to have adequate staffing levels during the working day. Flexible working can be applied to individuals on both full and part time contracts. Flexible working hours may be used in a variety of ways as outlined below: Option 1: is to provide total flexibility so that work can be done, either at home or in the workplace. People can work whichever hours they choose, bearing in mind the constraints of the business needs. This could be early morning, evenings or weekends; in fact whichever suits them best. Such arrangements should be agreed locally between staff and managers and the recommendations of colleagues should be considered. Option 2: is to specify a band width, for example between 7am to 7pm, with a maximum number of hours worked each day. These flexible working hours can then be condensed or compressed, for example, a typical 37.5 hour, five day week can be condensed into 4.5 days; a 28 hour, four day week can be condensed into 3.5 days. Home working can also be included in this system. September

6 2.2 Flexi-time The flexi-time system is intended primarily to enable staff to fit personal or domestic circumstances around the start and finish of the working day, choosing to work early or late when the department is quieter and there are fewer interruptions. Flexi-time is a system whereby staff can vary their contracted working hours within agreed set limits by varying their start and finish times and lunch breaks provided they are present at work during what are commonly called "core times". Staff can build up a debit or credit of hours worked within the agreed 4 week period. These hours can then be consolidated into for example, one day or two half days off in the agreed period. All staff must work core time periods Hours of Duty Staff will work core hours between 10.00am and 12noon, and 2.00pm and 4.00pm each day with a minimum of 30 minutes and a maximum of 2 hours lunch break, taken between 12 noon and 2.00pm. This is known as core time. Each member of staff will have discretion within agreed limits to work any balance outstanding of the contracted weekly hours at times of their choosing but all departments must endeavour to have adequate staffing levels during the working day. Any balance outstanding must be worked within the hours of 7.00am and 7.00pm. This time period is known as the bandwidth, during which staff must make up their working week. Working outside this bandwidth will only be allowed if authorised by direct line manager (or other named person). Each employee will record their own time when commencing and leaving work, including lunch breaks on the appropriate documentation. At the end of each day an employee should enter the total time worked. 3. Working arrangements for flexible working hours and flexi-time working 3.1 Record of Hours Worked Each employee will use a form to record the time when starting and leaving work, including lunch breaks. At the end of each day the employee should enter the total time worked. At the end of each week/month a copy of the flexi recording sheet must be submitted to the appropriate line manager or other designated person. 3.2 Settlement Period The settlement period will be four weeks and there are 13 such periods in a year. At the end of each settlement period, the flexi recording sheet must be submitted to the appropriate line manager or other designated person. September

7 Debit or credit up to 8 hours may be carried forward to the next settlement period. During the settlement period a whole day or 2 half days may be taken off in lieu of credit accumulated or in anticipation of credit to be accumulated during the settlement period. Prior notice of time off in lieu is required in order that staffing levels can be maintained. September

8 SECTION 3 COMPRESSED WORKING WEEK 1. Policy statement NHS Ayrshire and Arran is committed to staff being given the opportunity of balancing home and working life and therefore supports the principle of compressed working week in order to meet the needs of both staff and the Organisation. 2. Definition Compressed working week is a system whereby staff are allowed to 'compress' some of their working weeks into fewer full working days, without reducing the total number of hours. This system is a variation on flexible working hours. The compressed working week policy is intended primarily to provide staff with the opportunity to work flexibly, by balancing their working hours with family, leisure and other commitments. It allows staff the ability to compress the working week and also to meet the service demand at the busy times of the week. 3. Responsibility It is the responsibility of both staff and line management to ensure that arrangements are in place to support the policy. Staff must have their hours agreed with their line manager well in advance. How it works Whilst there is no standard working pattern when agreeing a Compressed Working Week (or fortnight) an example would be where a full-time employee might compress their hours into four days rather than five; or into nine days out of ten. This gives the employee a day off each week or a full day off every fortnight. The hours are agreed with the line manager in advance. Sometimes a maximum working day may be specified, for example, eight or nine hours, to ensure staff are fully productive and do not attempt to squeeze too many working hours into each day. Consideration must also be given to compliance with the Working Time Regulations and the maximum hours which can be worked within a working day. Benefits To the Organisation / Line Manager Increased employee motivation, leading to better productivity. Enhance recruitment and retention Resources can be devoted to a busy part of the week. Reduced need for authorised absences during working time, e.g. for medical appointments. It is a useful system for solving short-term problems. To the Employee Longer weekend off (depending on agreed working pattern). September

9 Larger blocks of family and leisure time. Reduced costs such as childcare Not travelling at peak times due to an extended working day. Less travelling costs if full days are 'saved' and staff are travelling off-peak. Points to Consider when Making an Application May be tiring. Less leisure time during working days. Overtime is virtually eliminated. Impact on service delivery. Impact on colleagues. September

10 SECTION 4 PART TIME 1. Policy Statement NHS Ayrshire and Arran recognises the important role that part-time employees can play in the workforce and therefore supports part-time working in order to meet the needs of both staff and the Organisation. The Organisation has a large number of part-time employees because the posts they hold have been designated as part-time in the establishment. These posts although part-time should still allow the holders the right of access to the range of ' work life balance' options. This is different from the concept of part-time working or reduced hours working as one of the range of options which can be accessed under the banner of work life balance policies. The terms and conditions for part time staff should be no different to that of other employees, other than some of the terms and conditions will be on a pro-rata basis. 2. Definition of part-time Part-time work is defined as working fewer hours than the full-time hours for that grade of staff. Part-time working allows employees to reduce their full-time hours to less than their normal within a range of options i.e. half days, shorter days, a reduced number of full days or an agreed number of hours in an arranged pattern. It should be noted that although an employee may request to reduce to part-time working hours this may only be for a specific period of time and may in due course wish to have the option of return to full time. All requests for part-time working should be reviewed after a six month period to identify whether the individual wishes to continue with the part time arrangement or return to full time work. Following the initial review period a further six month part time arrangement may be granted. A review must then occur at the end of the 12 month period to again discuss the current working arrangements. If following the 12 month period the employee wishes to remain part time they will relinquish the automatic right to return to full time unless this can be accommodated within the managers existing budget. Definition of V Time Voluntary reduced working means the employee voluntarily reduces their working time for a specified period, usually to enable them to manage other personal or caring commitments. Voluntary reduced working periods can last anything up to five years, however a period of between six months and one year are the most typical. The voluntary reduced working time scheme is intended primarily to enable employees to reduce their work commitment for a defined period, with a corresponding reduction in earnings. Its main aim is to strengthen the loyalty and commitment of employees by enabling them to deal with responsibilities outside work without having to leave or change to a part-time contract. September

11 Reduced hours patterns enable people to continue to work when they are unable to fulfil the demands of work because of caring and other responsibilities. Reorganising hours Reorganising the hours of work is a contractual matter between employer and employee. (seek further guidance from the department of O&HRD) To comply with the law: In reorganising workloads, part-time employees will not be treated less favourably than full-time employees. Promotion for part-time employees Part-time employees have equal opportunity to seek promotion. To comply with the law: Previous or current part-time status will not of itself constitute a barrier to promotion to a post, whether the post is full-time or part-time. Part-time employees will receive the same hourly rate as comparable full-time employees. General Guidance. The form in which an employee takes the reduced time is a matter for negotiation, taking into account the needs of the organisation and cannot be varied except by agreement. At this time the duration of the voluntary reduction in working hours should be agreed and the employee / managers expectations for a future return to current working hours discussed and the process should a potential extension be required. Pay, benefits and holiday entitlements are reduced pro rata. If employees on Voluntary Reduced Working Time work over their agreed hours, these are usually paid at the standard rate and only reach enhanced overtime rates if they exceed the normal full-time hours. The individual effect on pay, pension and benefits of any move to reduced hours working should be verified with payroll, the department of Organisation and Human Resource Development and SPPA. September

12 SECTION 5 ANNUALISED HOURS 1. Introduction Annualised hours systems provide a way of organising working time by contracting with staff to work an agreed number of hours per year rather than a standard number each week. The actual number of hours worked by a member of staff during the week will then be flexed to match workload requirements. As well as hours being varied week to week, they may also be varied seasonally and/or according to fluctuation of service demands. Annualised hours are used to match attendance of staff to the periods when they are most needed by services. Fluctuations in hours worked may be predictable or not reflecting the often uncertain patterns of demand for services such as in an acute hospital. Annualised hours working can offer a flexible and efficient way of deploying staff by matching staffing levels more closely with variances in workload. For staff, annualised hours working offers greater flexibility and the opportunity to better manage working hours to allow individuals to tailor the time they spend at work and at home. For employers, in time this can lead to reductions in staffing costs through efficient allocation of staffing levels and the reduction of overtime costs or use of agency or bank staff. Under more traditional working arrangements, the demand for services may result in overtime or premium rates of pay at busy times or overstaffing when demand is low. With annualised hours, a yearly staff plan is drawn up in advance so that staff know when they are expected to work on a regular basis. Health service employers frequently have to approach bank or agency staff to fill staffing gaps for all types of clinicians. Developing a more flexible approach than the use of bank staff, such as annualised hours systems, allows rostering which is more responsive to patient needs and enable flexible deployment of existing experienced staff to enable shortterm fluctuations in activity to be serviced by meeting peaks and troughs in workload. Staff costs may be better controlled through the flexibility offered by annualised hours working by reducing the cost impact of staff deployment decisions particularly those associated with inappropriate use of bank or agency staff, overtime and time owed to existing staff. Annualised hours contracts are equally appropriate for all grades of staff wishing to work full-time and part-time hours and may be utilised by a small number of staff and need not necessarily involve whole teams. 2. Procedure Staff, their representatives and managers in any one area or organisation will have to identify the best solutions to their own staffing requirements and tailor the design of their annualised hours system accordingly. It is essential that staff and their representatives are involved in working out the details of the system in order to capitalise on their knowledge and experience and to gain ownership and understanding of the system. September

13 Information on both patient/service activity and staff is required to allow the design of the annualised hours system. In terms of staffing, it will be necessary to collate information on an annual basis to assess how many staff are in post; how they are deployed; assess use of bank/agency staff; turnover; current shift patterns and rotas; absence rates and patterns; and staff costs. Data should also be gathered and assessed as to whether or not there are peaks or troughs in activity; against the fluctuations of service demand over a 24 hour period/service provision time; the extent to which there are high levels of emergencies and when they occur; whether or not there are seasonal variations in activity/demand; and the extent to which staff costs may be unpredictable. The data considered against these factors will help to inform as to whether or not the existing system of staff allocation is working well and supports decision-making as to the need and desirability of proceeding to develop an annualised hours system. 3. General Information relating to Terms and Conditions with respect to Annualised Hours Calculating hours to be worked An employee on an annualised hours contract, would be contracted to work an agreed number of hours per year. Salary will be received in 12 equal monthly payments which will be inclusive of annual leave and Public Holiday entitlement. Staff are paid the same monthly salary throughout the year regardless of the exact number of hours they work each month. Normal Agenda for Change Enhancement rates will apply. Maximum and minimum working hours per week are also agreed within the 48 hours (set by the Working Time Regulations) as the norm for a maximum length of working week and a minimum to be agreed in line with service needs. Over the course of a year the number of hours worked overall may vary by plus or minus an agreed number of hours, for example, 30 hours, which can be carried over to the next year. Staff and managers record the number of hours worked by each member of staff and the cumulative totals are regularly monitored to ensure the account will be kept within the prescribed limits at the end of the year. Once the full time conditioned hours for the post per annum are exceeded standard overtime payments will apply. Staff rotas should be planned to match service demands/patient need in line with the analysis undertaken. Exceptionally shift patterns may be changed at short notice, giving an agreed minimum notice period, by mutual agreement. Annual Leave Employees will be issued with an annual leave card for the accrued paid hours incorporated into their equal monthly salary payments and should be requested in the normal way. September

14 Sickness absence Where staff are absent from work due to sickness payment will be made on the basis of normal organisational sick pay rules i.e. full pay or half pay based on average monthly earnings. For staff on annualised hours who are off sick, where hours have not been rostered in advance, the remainder of the annualised hours to be worked for the agreed time period will be recalculated on the basis of average hours per month paid as sick time balanced against the hours outstanding. 4. Evaluation Evaluation of staff and managers experiences and of the effectiveness of the system will be undertaken on an ongoing basis in order to inform revisions to the system where necessary. Evaluation criteria should be established at the outset and will include assessments of the effectiveness of communication of the scheme, the effectiveness of the partnership approach, the difficulties and opportunities experienced in running the scheme, the extent to which gaps between staffing and workload have narrowed, including pressures on staff, the effectiveness and quality of patient care, financial performance and the need for bank/agency staff. September

15 SECTION 6 JOB SHARE 1. Definition Job sharing is a formal agreement whereby the duties and responsibilities of a post can be shared by two or more employees. The salary and benefits of the post will be divided between the job share partners in proportion to the number of hours they work. As good communication and co-operation are required between the job share partners, provision for an overlap may be required to facilitate and maintain continuity. 2. Objectives To support the Equal Opportunities Policy and Employment Legislation by allowing the introduction of flexible working practices. To allow employees the opportunity of applying for a change in their working pattern. To allow existing job sharing employees to compete for promotional posts. To provide job share partners with contracts which include specific reference to job sharing conditions. 3. Responsibilities 3.1 Job Share Partners To ensure that job sharing arrangements do not adversely affect service provision by maintaining robust communications, and providing support for each other. 3.2 Managers To consider carefully each application to job share and wherever possible to facilitate the introduction of these arrangements. Where job sharing is not feasible to advise employees as to the reason(s) why. Vacant positions should be advertised as open to any candidate to apply on a full-time or job share basis, unless it can be demonstrated that this is inappropriate. Candidates will be asked to indicate on their application whether they wish to job share. All candidates are required to submit an application and these will be considered on an individual basis. Applicants should receive relevant information plus a copy of the job share policy if they are successfully shortlisted for interview. 3.3 Department of Organisation & Human Resource Development (O&HRD) As the department responsible for the policy, O&HRD will maintain a job share register. This will provide information on existing and potential employees who wish to apply for a job share. September

16 In the event of an application for a job share being rejected for operational or recruitment reasons, the applicants will be informed of the register by their line manager and asked if they wish to be included on the register. The employee will be asked to complete a consent form to support this. The purpose of the register will be to support employees in their attempt to secure a job share position. The department of O&HRD will support the employees but, it will be the individual s responsibility to apply for and secure the post through the normal recruitment processes. It will not be the organisation s role to secure posts for employees. Those who register will be asked to specify the type of work they are interested in and the patterns of work they would prefer. O&HRD will also support line managers through this process providing advice and guidance where necessary. 4 Job Share Procedure Job share partners do not require to state their reasons for wishing to job share. Where an application is approved, an advertisement will be placed for a job share partner, stating clearly that it is a job sharing post. In the case of the Job Share Policy, where an applicant applies for a post and expresses a wish to job share it should be explained that if successful and in the event that the organisation is unable to find another job share partner, the applicant would be expected to work the contracted hours of the post until such times as a job share partner can be found. If, after advertising twice for a job-sharing partner, the post remains unfilled, managers should give consideration to alternatives; redeployment, or other arrangements for flexible working that may meet the employee s needs. The employee should also be informed that a new application for job sharing may be considered after the expiry of 12 months from the closing date of the last advertisement. The organisation will however advertise within 12 months if solutions can be found within the job share register or redeployment pool. Until such time as a job sharing partner commences employment, the existing employee will continue to work the posts contracted hours. 5 General Job Share Information 5.1 Job Sharing Arrangements Working arrangements can be divided in a number of ways, for example, split days, split weeks, alternate days or alternate weeks, depending on the nature of the job. Although not exclusively a 50/50 split, cognisance of both professional registration and needs of service must be taken into account and therefore a minimum/maximum number of hours may be necessary to maintain competencies in line with professional guidelines where applicable. The Line Manager must ensure that agreement has been reached between themselves and the job sharers on the hours and cycle to be worked and where appropriate, the division of tasks to be undertaken to meet the contracted hours of the post. Any changes to the agreed arrangements will be discussed with the job share partners September

17 and then line manager and must be agreed by all before implementation. If no agreement reached then the status quo will remain. As with any other post, alterations due to organisational change will be discussed by the line manager and the job share partners. Job sharing partners will have separate contracts of employment sharing the contracted hours of the post. The Job share agreement, which is a written agreement between partners and the line manager will specify the arrangements to allow job share partners to communicate, and will clearly indicate if appropriate, which responsibilities are shared and which are allocated to individual job share partners. 5.2 Replacing job share partners Where one job share partner leaves the employment of the organisation the remaining job share partner will be offered the post on a full-time basis. If the employee prefers the job sharing arrangement, the post will be advertised in the manner outlined in paragraph 4 above. While the post is being advertised the remaining job sharer may be invited, but not required, to work full time hours. If after a period of not less than six months and advertising at least twice, the post remains unfilled, every effort will be made to offer an alternative part time job. If this is unsuccessful then the normal redeployment policy would apply. 5.3 Individual performance review Each job share partner receive individual performance review and produce a KSF outline linked to a PDP relevant to their needs. The objectives set for the job share partners may include an objective to ensure the success of the job share partnership. 5.4 Supervision Each job share partner will be responsible to the same line manager. 5.5 Cover for Leave Purposes Where one part of a shared post is unoccupied due to sickness, maternity or other leave, the other job share partners may be invited, but not required, to undertake additional hours. September

18 Section 7 Working at Home Policy Statement NHS Ayrshire and Arran is prepared to consider working at home to improve retention and make reasonable adjustments. This policy applies to any post where work is performed at or from home instead of at National Health Service premises for a significant proportion of the contractual working hours. Definition "Working at Home" occurs when an employee wishes, with the approval of their manager, to work at home for part of their working time even though their contract of employment requires them to be based on work premises. GUIDANCE NOTE The principles and parameters must be agreed before a working at home scheme can be introduced, taking note of the following considerations Hours of Duty Hours worked at home will be s agreed with the line manager, taking into account the needs of the service but would normally be a maximum of one day per week unless otherwise agreed Working at home should be used to undertake specific work activities as agreed with your line manager. Frequency and duration of working at home should be agreed with the manager. Reasonable notice of a wish to work at home must be given in line with the standard procedure. Once there is an agreement that an individual is to work at home for a part of a day, given day or period of days, the arrangement should be respected in so far as possible. Staff working at home may be recalled to work premises at short notice In cases where staff working at home are frequently recalled to work premises at short notice, working arrangements should be reviewed. The situation will initially be reviewed after 3 months and then annually thereafter or earlier should the circumstances merit it. Individuals and managers should jointly monitor the impact of time spent working at home. Where an employee works at home more than 50 days in any one calendar year the employee s manager will actively review ways of working with particular regard to location of the workplace. Staff working at home are required to carry out their work duties during their normal hours of work, unless otherwise agreed. Any domestic arrangements such as September

19 childcare/carer arrangements must remain in place throughout the hours of work. Any abuse of the working at home system could result in disciplinary action. Staff abusing the system will have the working at home arrangement withdrawn immediately. Managers may request evidence of the work carried out. Staff working at home must be contactable by telephone. September

20 SECTION 8 - TEAM BASED SELF ROSTERING Policy Statement Ayrshire and Arran NHS (hereinafter referred to as the Organisation) recognises that the rigidity of working practices has been identified as being one of the prime reasons for leaving the employment of the NHS. The Organisation is prepared to consider team-based self-rostering to improve retention. Aim To allow staff to have more flexibility to plan their work around other commitments and responsibilities, whilst still meeting the needs of the service. Definition Self-rostering means agreeing the staffing levels and skill mix required at any time in the day, then giving staff the ability to schedule their working day collectively to meet these requirements. Team-based self-rostering is a "bottom up" approach to scheduling work, giving staff more control over the pattern of their working week. Parameters are set, by agreeing, in advance, the levels of staff and skill mix required hour-by-hour throughout the working day. Staff put forward the times they would like to work and times they would like to protect away from work. This information is then used to compile shift patterns that match individual preferences as closely as possible, whilst maintaining agreed levels of cover at all times. Team based self rostering may be used in conjunction with the other flexible working policies contained within this document. Team based self rostering works best in a large mixed team where there is a variety of personal circumstances among staff, and different preferences about work patterns. A recording/rota allocation system should be developed, tailored to the needs of the department, which will produce a roster that matches individual preferences as closely as possible whilst maintaining the agreed staffing levels. Where there is competition among too many people to work at the same time - or too few to meet staffing levels at any time - the manager will distribute these hours among staff to achieve fairness over the whole roster period. Assistance can be sought from the Human Resources Department. The system will ensure equity of treatment for all members of the team. Team members may negotiate among themselves to modify shifts, but these must be entered into the roster in advance. September

21 Prior to agreement being given to Team Based Self Rostering consideration should be given to: The level of support among staff for team-based self-rostering. Any effect on the delivery/continuity of patient care and how a gain in quality of care be ensured If it will help to retain existing staff and recruit new staff If it will reduce absences and the need for bank or agency staff If it will affect overtime or unsocial hours earnings How handovers will be managed when there aren't clear shift changes The principles and parameters must be agreed before a team-based self-rostering scheme can be introduced. These will include: minimum and maximum staff levels for each hour of the day. skill, grade and gender mix, hour by hour. "veto" hours and any "core" hours. the preferences for hours to be worked by each member of the team. protected time periods for each member of the team when they specifically do not want to work. The manager must then compare agreed staffing levels against self-rostered hours and take corrective action if there is a mismatch. It might be advisable to trial the self-rostering scheme for a time limited period - three months is the minimum period for the effect to be assessed while six months will provide a better picture of how well it works. Should it be found that Team Based Self Rostering is no longer a viable option consideration will be given to reverting to the original rostering process. September

22 TERMS AND CONDITIONS 1 Personal Appointments Appointments with General Practitioners, Dentists or Opticians will not be treated as authorised absence and must, unless in exceptional circumstances, be arranged out with core time periods. Hospital appointments will continue to be authorised absence within core time periods. 3.4 Authorised Absences For Flexible Working and Flexi-Time, absences through sickness, attendance at courses, annual leave and other leave of absence with pay will be regarded as the average number of hours per day, being based on the hours per week being worked over the customary number of days per week. The hours of authorised absence should be entered on return. 3.5 Leave For Flexible Working and Flexi-Time, annual, compassionate, sick leave etc, time will be credited on the record sheet on the basis of the appropriate number of hours absence taken. For all other applications involving a reduction in hours, annual leave (as applicable to the grade of the post) will be applied on a pro rata basis. Annual leave can be taken at the same time or at different times subject to the manager s agreement. Arrangements for sharing public and statutory holidays will be agreed between the job share partners and their line manager to ensure that a pro rata division is maintained. 3.6 Overtime Staff requested by their manager to work more than their full-time hours (or the full time equivalent for part-time employees) will be entitled to overtime rates. Staff may choose either to accrue time off in lieu or to claim an overtime payment. Any time off in lieu resulting from overtime not taken within 3 months must be paid as overtime, in line with NHS Terms and Conditions of Service. Staff in debit of their flexi time will not be entitled to overtime payments until their debit is addressed. There will be no requirement on a job share partner to cover for a partner s short-term absences, due to sickness or leave. If the individual agrees to work such additional hours, then any additional hours worked above those specified in the individual s personal contract will be paid at basic rate up to the standard full time contracted hours for the post, thereafter, overtime rates will apply or time off in lieu if agreed. 3.7 Part-time employees This agreement will also apply to part time staff with the relevant changes to work times. 3.8 Pay, pension and benefits September

23 The individual effect on pay, pension and benefits of any move to reduced hours working should be verified with payroll, the department of Organisation and Human Resource Development and SPPA. 3.9 Access to training As it can be difficult for part-time staff to attend residential courses if they have other commitments, training should be arranged sympathetically e.g. it would be easier if they were able to attend courses which run at times when they are normally working. Training should, as far as possible, be arranged to ensure a convenient location and timing for part-time staff. Part-time employees should not lose out in their training simply because of their part-time status, and the following measures should be considered to support the career development. paying the part-time employee (at their normal rate of pay) for the extra hours they attend outside their normal working hours or where agreed time off in lieu offering an equivalent course from an alternative provider at a convenient time and place offering other training methods, such as open or distance learning courses. Access to training is essential to ensure that part-time employees are working effectively. Denying part-time employees access to training could lead to a claim of less favourable treatment. To comply with the law: Employers should not exclude part-time staff from training simply because they work part-time. In the case of Job Share, training opportunities will be made available to both job share partners dependent on their individual needs. When training takes place on a day on which one of the job share partners would not normally work, time off in lieu should be offered or appropriate payment. If appropriate, job share partners may attend training sessions together For Job Share: Cover for Absence There will be no requirement on a job share partner to cover for a partner s short-term absences, due to sickness or leave. If the individual agrees to work such additional hours, then any additional hours worked above those specified in the individual s personal contract will be paid at basic rate up to the standard full time contracted hours for the post, thereafter, overtime rates will apply or time off in lieu if agreed. Each job share partner will have an individual contract of employment. All pay and other benefits will be pro rata to the hours worked. The job title and job description for both job share partners will be the same. September

24 Grade, Salary and Increment The grade will apply equally to all job share partners. Any grading review will apply to the whole post. Salary will be pro rata. Benefits depending on length of service including incremental points, sick pay, long service leave and maternity entitlements will be attributed individually. Promotion Job share partners will be considered for advertised vacancies on equal terms as individuals with all other employees. Each job share partner will have an individual contract of employment. All pay and other benefits will be pro rata to the hours worked. The job title and job description for both job share partners will be the same. September

25 STANDARD APPLICATION PROCESS How to request a change of working time or working pattern 1 Submitting an application An application to request a change in hours or work practice is open to all employees as well as prospective employees, no matter what level in the organisation. However, there is no legal right for an employee to change his or her hours or work practice. An employee who is considering a change in working time or working pattern should initially discuss the matter with their line manager. Following the initial discussion the following procedure must be followed. 2 Application Individuals who wish to apply for any of the schemes available should make a request in writing, using the application form provided. For Voluntary Reduced Working Time reductions in working hours may range up to 50%. All requests for a change of working time or working pattern, referring to the appropriate policy under which application is being made, should be submitted on the application form attached at Appendix 4. All requests should be made at least three months prior to commencement of the proposed change. However, in exceptional circumstances this may be waived by management. The completed application form should be submitted to the appropriate Head of Department/ Line Manager. The Head of Department/Line Manager will advise the employee, in writing, as to whether the post is suitable for application of the requested scheme provisions and of any specific pattern of working which is necessary to make the chosen plan practicable. The organisation has a responsibility to treat all employees equally. 3 Initial Meeting Each request will be considered on the merits of the individual case and a decision made as soon as reasonably practicable but must be within a period of four weeks (28 calendar days) following receipt of the application. There may be a need to discuss tasks and responsibilities and how the requested change can fit into the wider team. The line manager will hold a meeting with the employee to discuss the application. This may require the manager along with the employee to invest time and effort in order to work out an arrangement which suits both the Department and the employee. The manager will inform the employee in writing of the outcome of the meeting within 2 weeks (14 calendar days). All time limits expressed in this procedure are maximum. However, all applications will be dealt with as quickly as possible and both parties shall endeavour to reach agreement at an early stage in the procedure. In exceptional circumstances the four week period can be September

26 extended with the agreement of both parties, but it is in everyone s interest to resolve matters at the earliest opportunity. 4 Request granted Requests for access to a change in working hours or work pattern should be granted with due consideration to the needs of the service and the department. If the request is granted the line manager must confirm this in writing, clearly detailing the new working pattern. 5 Request unsuccessful If the application is rejected, full details will be provided, in writing, clearly stating the reasons for rejection. An application should only be rejected where there are valid sustainable service provision or organisational reasons to do so. The list below provides examples of sustainable reasons for refusal of a request : 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 time the employee proposes to work Planned structural changes Adequate cover could be difficult to maintain, so popular days off must be fairly distributed Not all staff will be able to work a longer day because of the nature of the job e.g. receptionists Potential for multiple requests to be made Please note that this is list is not exhaustive and is only for guidance purposes. Advice and guidance should be sought from the department of O&HRD. 6 Appeal Procedure The employee on receiving confirmation that either their request has been rejected or the Line Manager s proposes a compromise alternative may lodge an appeal to the Senior Manager to whom the Line Manager is responsible. Any appeal should be lodged within 14 days of receipt of written confirmation of the Line Manager s decision. The Appeal Hearing - The Senior Manager will hear the appeal within 28 days of receiving written notification of the employee s request to appeal. The Senior Manager hearing the appeal may request a written statement of case in respect of the matter from both management and the employee. Such statement s will in turn be submitted by all parties to, and circulated by the O&HRD representative attending the appeal hearing. Both parties will be given the opportunity to present their statement of case and ask questions of the other party. The employee has the right to be accompanied at the appeal meeting by their September

27 Professional / Trade Union Representative or by a work colleague. A member of the Department of O&HRD should also be present to ensure fairness and consistency throughout the organisation and where required provide advice on the procedure, local and national agreements and employment legislation. A hearing will not be required where, within 2 weeks of the appeal being lodged, the matter has been satisfactorily resolved informally. 7 Resolution of disagreement No request under these policies will be unreasonably withheld. Should a disagreement arise, the individual has the right to raise a formal grievance. It may be preferable in such circumstances, however, for the manager to seek advice on resolving the matter from an appropriate member of the O&HRD Team and a Staff Side Representative. The status quo will be applied where an application is lodged which pertains to a change in the employee s working arrangements. The working arrangements that were in place prior to the change/proposed change will be reinstated/retained and maintained until the grievance procedure has been exhausted. However, in exceptional circumstances the status quo may be set aside when both parties reach agreement to do so or, where the continuation of the status quo would result in a breach of statutory or other mandatory regulations. 8. Duration of Change Any mutually agreed change in working practice, unless stipulated otherwise at the commencement of the change i.e. for a fixed term period, is permanent and there is no automatic right for the employee to return to his or her previous terms and conditions once a change has been agreed. 9 Abuse of flexible working arrangements Any abuse of the chosen scheme provisions may be viewed as alleged misconduct and the organisation will deal with this situation in accordance with the Management of Employee Conduct Policy. Staff abusing the system will have the scheme provisions withdrawn immediately. 10 Review This policy will be monitored and reviewed on a two yearly basis to review its utilisation and impact on service provision. September

28 Appendix 1 ANNUALISE HOURS WORKED HOURS WORKED PER WEEK TERM TIME AGENDA FOR CHANGE WHOLE YEAR NUMBER OF WEEKS WHICH WILL BE WORKED ANNUAL HOURS AVERAGE HOURS PER WEEK ADD ANNUAL LEAVE HOURS PER ANNUM PUBLIC HOLIDAY HOURS PER ANNUM TOTAL PER ANNUM TOTAL LEAVE ADJUSTED TO COUNT ANNUAL LEAVE AND PUBLIC HOLIDAY TIME DUE AS ACCRUING FOR ANNUAL LEAVE PER ANNUM LEAVE PER WEEK number of hours per week x number of weeks worked to give the number of hours worked per annum OR can be the number of hours worked per day times the number of days worked per annum annual hours divided by weeks per annum to give average hours per week annual leave for average hours per week - take from AFC annual leave chart public holiday hours for average hours per week - take from AFC public holiday chart adjust annual leave figure taking into account that the annual leave and public holiday entitlement counts towards accrual = (total annual leave and public holiday figure divided by the annual hours) x (annual hours + total annual leave and public holiday hours) TOTAL HOURS PER WEEK TO BE PAID, INCLUSIVE OF A/L & PH An electronic copy, with workable formulae, which will automatically calculate the total hours per week to be paid, inclusive of annual leave and public holiday time, is available from the Department of Organisation and Human Resource Development. September