Policy Title Flexible Working Policy (incorporating Special

Leave)

Reference Number CNTW(HR)11

Lynne Shaw
Lead Officer Executive Director of Workforce and
Organisational Development
Jamie Mackey – Workforce Developments
Author(s) Advisor
Mark Richardson-Quinn – Workforce and OD
Officer
Ratified by Business Delivery Group

Date Ratified Mar 2021

Implementation Date Mar 2021

Date of full implementation Mar 2021

Review Date Mar 2024

Version Number V04.3

Review and
Type of
Amendment Version Date Description of Change
Change
Log
Updates to sections 1.1,
2.4, 3, 7.1, 8, 9.1, 9.3, 9.6,
Sept 10.1, 11, 12.1
V04.2 Update
2021 Addition of Section 5
Addition of Appendix 6 and
7
Updated Sections 71.1., 8.1
Nov and 9.4
V06.3 Update
2021 Updated Appendix 2
Added Appendix 8 and 9

This Policy supersedes the following document which must now be destroyed:

Number Title

CNTW(HR)11 – V04.2 Flexible Working and Special Leave Policy

 Flexible Working and Special Leave Policy

Section Contents Page No.

1 Introduction 1
2 Duties, Accountability and Responsibilities 1
3 Definition of Terms Used 2
4 Legislative Requirements 2
5 Encouraging Flexible Working 3
6 Benefits of Flexible Working 3
7 Right to Request Flexible Working 3
8 Manager and Employee Discussion 4
9 Consideration of the request 4
10 Interim Reviews 5
11 Appeal 6
12 Flexible Working – examples 6
13 Special Leave 8
14 Urgent Domestic Situations 8
15 Identification of Stakeholders 14
16 Training (See Appendix B) 15
17 Implementation 15
18 Monitoring Compliance 15
19 Standards / Key Performance Indicators 15
20 Fraud, Bribery and Corruption 15
21 Equality Impact Assessment 16
22 Associated Documents 16
23 References 16

Standard Appendices – listed within Policy

Appendix A Equality Analysis Screening Toolkit 17

Appendix B Communication and Training Checklist and Needs 19

Analysis

Appendix C Monitoring Tool 21

 Appendix D Policy Notification Record Sheet - click here

Appendices – Listed Separate to Policy

Appendix Description
No.

Appendix 1 Procedure For Requesting and Considering Flexible Working

Eligibility

Appendix 2 Application for Flexible Working

Appendix 3 Application Form for Career Break

Appendix 4 Letter – Career Break

Appendix 5 Application Form for Child Bereavement Leave

Appendix 6 Enablers to Flexible Working (NHS Staff Council)

Appendix 7 Flexible Working Flowchart (NHS Staff Council)

Appendix 8 Guide to Flexible Working for Employees

Appendix 9 Guide to Flexible Working for Managers

Practice Guidance Note – Listed Separate to Policy

PGN No. Description

FW-PGN-01 Carer Support for Trust Employees

FW-PGN-02 TOIL
 CNTW(HR)11

1 Introduction

1.1 This Policy sets out Cumbria, Northumberland, Tyne and Wear NHS Foundation
Trust’s (the Trust / CNTW) commitment to provide opportunities for flexible
working for all its employees. The Trust is committed to being the employer of
choice and recognises that providing flexible working options and supporting work
/ life balance is an important factor in the successful recruitment and retention of
staff as well as supporting employee health and wellbeing.

1.2 Agenda for Change Terms and Conditions provides opportunities for employees
to be able to balance their work responsibilities with other aspects of their lives.
(See Sections 33, 34 and 36 of the Agenda for Change: NHS Terms and
Conditions of Service and Schedule 25 of the Specialty Doctors Terms and
Conditions, Schedule 26 of the Associate Specialists Terms and Conditions and
Schedule 28 of the Consultants Terms and Conditions).

1.3 All employees may request flexible working, however, patient and service needs
must take priority to ensure we have staff available to deliver a 24 hour, 7 day
service. As far as is possible, the Trust will try to accommodate requests for
flexible working. The Trust acknowledges that on some occasions employees will
only require short term support, therefore Managers should take this into account
when considering individual requests and they should adopt a fair and flexible
approach.

1.4 This Policy aims to ensure that all part time employees receive no less favourable
treatment than comparable full time employees. It outlines the procedure for
formally considering requests for flexible working and should be read in
conjunction with the Trust Attendance - Sickness Absence Management Policy –
CNTW(HR)10.

2 Duties, Accountability and Responsibilities

2.1 The Policy and its principles identified apply to all employees of the Trust.

2.2 The Trust will ensure that Managers adhere to this Policy and the necessary
actions contained within.

2.3 The Trust acknowledges that certain flexible working patterns (e.g. working from
home) are appropriate only to certain groups of staff; however, flexible working
patterns will be considered widely and as equitably as possible.

2.4 CNTW will work in partnership to agree arrangements for considering applications
for flexible working in a fair and consistent manner.

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3 Definitions of Terms Used

• Lead Officer: The Director accountable for the Policy;

• Author(s): The person nominated by the Governance

Group and / or Lead Officer to prepare the
Policy;

• Policy Administration: Person appointed to support the Author,

and Accountable / Governance
Committees in the preparation of Policies;

• Development: A process by which something passes by

degrees to a different stage, process of
clarification;

• Dependant Anyone that lives with you as part of your

family. Others who rely on you for your
help in an emergency, such as an elderly
relative or parent qualify even if they do
not live with you

• Consultation: An exchange of views, time limited period

during which the views / advice of others
are sought to further inform the Policy
content;

• Ratify: Formal agreement and acceptance;

• Implement: Put into practice / operation;

• Implementation: Established;

• Review: Reassess.

4 Legislative Requirements

4.1 Flexible working practices are supported by employment legislation including

amongst others;

The Children and Families Act 2014,

The Parental Leave (EU Directive) Regulations 2013,
Employment Rights Act 1996
Shared Parental Leave Regulations 2014.

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5 Encouraging Flexible Working

5.1 CNTW promotes a supportive and flexible working culture. Managers need to
consider how they will encourage open conversations about flexible working.
These conversations could be included as part of one to one supervision, team
meetings or as part of a wellbeing conversation. These conversations should also
take place as part of the recruitment and annual appraisal process.

5.2 Local flexible working practices should be developed to reflect the principles of
this policy and in partnership.

5.3 Local flexible working practices will need to ensure equality of access to flexible
working as far as practicable, regardless of role, shift pattern, team of pay band.

6 Benefits of Flexible Working

6.1 Flexible working helps employees to achieve a better balance between their work
and home life, as well as improve service delivery through a flexible workforce. It
can help CNTW become an employer of choice, aid recruitment and retention,
reduce sickness absence and improve employee engagement, leading to an
improved patient experience.

7 Right to Request Flexible Working

7.1 From 30th June, 2014 legislation extended the right to request flexible working to
all employees, where previously this right to request was only for employees with
children under 17 (or 18 if the child is disabled) and certain carers. From
September 2021 NHS employees received enhanced contractual rights to request
flexible working from their first day of their employment.

7.1.1 Employees can make more than one flexible working request per year and can do
so regardless of the reason for the request. This does not prevent other statutory
entitlements where flexible working may be relevant from being implemented.

Employees should fully consider their requirements prior to submitting a request

to reduce the need for repeat applications. However the Trust accepts that
individual circumstance can change at short notice. Guidance has been
developed to support employees when exploring flexible working options
(Appendix 8)

7.1.2 Employees should submit flexible working requests in writing to their line manager
using Appendix 1. If the application relates to a reasonable adjustment for a
disability we would encourage the employee to highlight this on their application.

Employees may also wish to access the Disability Passport which is part of the
Sickness Absence Policy (HR)10.

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7.1.3 The detailed procedure for applications for flexible working, which must be in
writing, is at Appendix 1 and includes a form which should be used for such
applications, Appendix 2. The form for completion by the Manager following
discussion with the employee is also at Appendix 2.

7.2 All request should be dealt with promptly, however the law requires that all such
requests must be dealt with fully and in a reasonable manner and within three
months of the request being made including any appeals.

8 Manager and Employee Discussion

8.1 All requests are to be treated individually and with full and reasonable
consideration. Attention should be given to the impact on equality. Guidance has
been developed to support managers when considering flexible working requests
(Appendix 9)

8.2 Managers should meet with the employee to discuss their request and explore the
range of options available for a mutually agreeable outcome. Employees may be
accompanied at the meeting by a Trade Union representative or work colleague.

8.3 Manager and employees should engage in open and honest conversations
regarding the request so that the options can be fully explored.

8.4 It should be noted that if an employee fails to attend such meetings including
appeals, without good reason, the application will be considered as withdrawn.

9 Consideration of the Request

9.1 Managers must consider the request carefully, looking at the benefits of the
requested changes for the employee as well as the service needs and any
adverse impact on service provision.

9.1.1 In the event that a request cannot be agreed and a modified version of the request
is not suitable the manager should contact their Locality/Directorate Workforce
Teams for further advice.

9.1.2 The employee will be offered the opportunity to explore other options and
processes as well as being considered for existing vacancies outside of their
immediate team who may be able to facilitate and mutually agree the flexible
working request.

9.2 There is no automatic right for the request to be granted. The manager may
propose a modified version of the request and the request may be granted on a
temporary basis. If the request is to be rejected, it must be for one of the following
eight business reasons as set out in the legislation:
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• The burden of additional costs

• An inability to reorganise the work amongst existing staff

• An inability to recruit additional staff

• A detrimental impact on performance

• A detrimental impact on quality of service

• Detrimental effect on ability to meet customer demand

• Insufficient work for the periods the employee proposes to work

• A planned structural change to the service

9.3 When a request is made in relation to a reasonable adjustment, Managers should

make every effort to accommodate the request. In the event that adjustments
cannot be met Managers must contact the Locality/Directorate Workforce Teams
to discuss the rationale for not meeting the request.

9.4 Further advice is available from Locality/Directorate Workforce Teams in regard

to all aspects of flexible working. Guidance is also available on Appendix 9

9.5 Managers should respond to all requests in writing once a decision has been
made. The response will include the rationale for decisions taken and the terms
of any agreements reached.

9.6 All agreed flexible working requests need to be recorded centrally within ESR.
Details of how to do this are on the Flexible Working Application form (appendix
2).

10 Interim Reviews

10.1 Flexible working arrangements should be reviewed regularly to ensure they

continue to provide the support that is required.

An initial review period should take place six months following the start of the
agreement. It is also good practice to discuss the arrangements as part of the
regular supervision, wellbeing conversation and as part of an annual appraisal.

A formal review must be conducted at 12 months and then annually if an

arrangement is ongoing.

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Reviews should be recorded on ESR and any changes should be documented on

the Application for Flexible Working Form on the employees file (Appendix 2).

10.2 It may be useful as part of ongoing reviews to assess the arrangements in terms
of the following:

• Benefits to the work area / Trust.

• Impact on the work area / Trust.
• Impact on the team and other colleagues.
• Update on personal circumstances.

11 Appeal

11.1 If an agreement cannot be reached and the request is rejected employees may
appeal the decision. Discussions should take place to resolve the concerns
informally with the Manager and the support of a member of the Workforce
Development Department, which may remove the need for a formal grievance.
Support can also be sought from the Locality Associate Director

11.2 Only in cases where informal local resolution cannot be found and facilitated
discussion/mediation is not seen as viable should the formal grievance process
commence. See Appendix 1 for further information on the appeals process.

12 Flexible Working – Examples

12.1 There are many forms of flexible working and changes to working patterns can be
made on a temporary or permanent basis. The list below is not exhaustive and
employee needs should always be considered on an individual basis.

• Part time working on a permanent or temporary basis -

employees may request reduced hours to suit their personal
circumstances on a permanent or temporary basis, the latter to be
reviewed within an agreed timescale.
• Annualised Hours - Agreed hours of work are calculated over 12
months and salary payments are equally spread over the year.
• Compressed Hours - Employees may request to work their total
number of hours in fewer working days e.g. four days per week or
nine days per fortnight.
• Flexi-Time – Flexi-time working agreements are normally locally
agreed within a specific work area. (See relevant departmental
agreements). Flexi-time working allows employees to vary their
working hours, around core required working times, but dependant
on service needs. Flexi-time arrangements must provide appropriate
cover during the times that the services requires and fulfil the
requirements of the Working Time Regulations.

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• Staggered Hours – Employees may request different start, finish

and break times from colleagues or split shifts.

• Team Self-Rostering – Collective responsibility and cooperation on

supportive working patterns for teams, departments and wards. Staff
can request their preferred shifts in advance.
• Job Sharing - Job sharing may be considered for staff who cannot
work full time dependent upon another person wishing to also work
on a job share basis.

• Agile Working – Dependant on your role and the type of work you
do it may be possible for you to carry out some of your work from
different locations such as other base sites, offices or home.

• Flexible Retirement – The default retirement age has been phased

out and a number of options are available for those who are
considering retirement.

*Please refer to the Policy CNTW(HR26) V01.3 Flexible Retirement

Policy for a range of options.
• Term Time Working - Employees work during term time only and
not during the school holidays. The salary for the periods worked is
paid during the twelve months on a pro rata basis and therefore any
agreement reached for term time working will be for a twelve month
period to run concurrently with the financial year e.g. 1st April to 31st
March. Should an employee wish to cease term time working mid-
year this may result in a financial overpayment. Agreements for term
time working will be for a fixed period of up to three years.
Employees granted term-time working will not be allowed to take
annual leave during term time but unpaid leave may be authorised
by the Manager in exceptional cases. Term time contracts must be
reviewed annually with the employee.
o No additional holidays / pay will be given to
compensate for periods of sickness absence during
school holidays.
• Career Break - Unpaid career breaks are available to all employees
who have a minimum of twelve months’ service (see Agenda for
Change terms and conditions and Medical and Dental Terms and
Conditions). The maximum length of a career break is five years and
may be taken as a single period or in separate time blocks.
o Employees applying for a career break must complete
the Application for Career Break Form (see Appendix
3). The Managers Response Letter is at Appendix 4.
o Employees on career breaks will not normally be
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allowed to take up paid employment with another

employer unless it is, for example, overseas or
charitable work that could broaden experience.
Employees who return from a career break will
normally return to a job at the same level as their
previous substantive post, not necessarily in the same
department or ward*.

*Please see Medical and Dental Staffs Terms and Conditions

for Consultants, Schedule 25, Schedule 23 AS Doctors and
Schedule 22 Speciality Doctors Terms and Conditions.

13 Special Leave

The section below sets out examples of special leave, however this is not an
exhaustive list and it is acknowledged that other circumstances may arise where
special leave may be appropriate. Further advice is available from your
Locality/Directorate Workforce Teams.

14 Urgent Domestic Situations

14.1.1 Exceptionally urgent domestic needs may require some unexpected leave.
Managers should be sympathetic to such requests and have discretion to
authorise one day’s paid leave and additional paid or unpaid leave where it is felt
that is reasonable.

14.1.2 Examples of urgent situations:

• Emergency repair to property;

• Flood / Fire.

14.2 Bereavement Leave

14.2.1 Bereavement leave is available with pay to make arrangements for a funeral and
or attend the funeral of a close family member, partner or friend. Requests of this
nature need to be carefully considered and discretion used where appropriate.

Attendance at a funeral - normally up to one working day

Where the bereavement involves a - normally up to three working

close family member / partner days

Where an individual is required to - normally up to six working days

make funeral arrangements or
attendance at the funeral requires
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extensive travel

14.2.2 Bereavement should be recorded appropriately and should not automatically

trigger the sickness management process.

14.2.3 Managers should be compassionate and supportive during times of bereavement

and understand the potential for a wider impact on an individual’s circumstances.
Religious requirements and other practicalities outside of normal timescales
should also be acknowledged and considered.

14.3 Child Bereavement Leave

14.3.1 A bereaved parent is anyone who had responsibility as one of the primary
carers for a child who is now deceased. This includes adoptive parents, legal
guardians, individuals who are fostering to adopt, and any other parent/child
relationship that the employing organisation deems to be reasonable. For
example, this may include grandparents who have had caring responsibilities
for a child, or instances where someone other than the biological parent is the
primary carer (this could be the case where the parents of the child have
separated). There is no requirement for the child to be under 18 years of age.

14.3.2 Bereaved parents are eligible for a minimum of two weeks child bereavement
leave. A bereaved parent will not be required to demonstrate any eligibility
criteria such as a Death Certificate or any other official documents in order to
access bereavement leave or pay.

14.3.3 Bereaved parents will be entitled to two weeks’ occupational child

bereavement pay which will include any entitlement to statutory parental
bereavement pay. Pay is calculated on the basis of what the individual would
have received had they been at work.

14.3.4 Where both parents of a deceased child work in the same NHS organisation,
the entitlements in this Section will apply to both members of staff.

14.3.5 Parents who experience a still birth from the 24th week of pregnancy will be
eligible for these provisions in addition to any Maternity leave and Pay.
Bereavement leave and pay may be extended to members of staff, by local
arrangement, in these circumstances where they were hoping to become
parents under surrogacy arrangements. Please refer to the maternity policy
and speak to your Locality/Directorate Workforce Teams for further information
and guidance.

14.3.6 Bereaved parents do not have to take the two weeks of leave in a continuous
block. The employee should agree with their employer the leave they wish to
take. Taking child bereavement leave is an individual choice, it is not
compulsory for the employee to take child bereavement leave.

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14.3.7 Bereaved parents may request to take child bereavement leave at any point
up to 56 weeks following the death of the child. Should the parent wish to
take child bereavement leave immediately following the death of a child they
shall be able to do so upon informing their employer that they will be absent
from work for this purpose.

14. 3.8 Should the parent wish to take child bereavement leave at another time, after
the initial period following the death, they should give their employer
reasonable notice of their intention to take the leave at this time.

14.3.9 To claim child bereavement leave the parent(s) or guardian(s) should

complete Appendix 5.

14.4 Carer Leave – Short Term and Time Off for Dependants

14.4.1 This is to provide a short-term immediate response for unusual disruptions.

Employees may be granted up to two days special leave with pay following
discussion and agreement with their Manager, based on the nature of the urgency
at that time.

14.4.2 Examples of such requests may be due to:

• A child, relative or dependent becomes ill

• Normal carer arrangements break down

• To enable longer-term arrangements to be made to cope with a

carer problem

NB: During such leave, overtime or bank work is not allowed.

14.4.3 Caring for someone else’s child

Kinship Caring – Employees responsible for looking after the child of a relative as
the primary carer are able to apply for special leave – time off for dependants.

Parental Leave – Although there is no statutory right to parental leave without legal
guardianship, Kinship carers who wish to take parental leave (unpaid) may apply
via the trust process

Foster Carers

Employees undertaking foster care on behalf of a local authority or private

company should complete a declaration of interest via the Trust Intranet.

Although there is no legal entitlement to leave forFoster carers the Trust

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recognises is such cases the need for an overall family friendly approach to
support foster carers to meet the obligations of the foster carer role and will be
eligible to apply for special leave – time off for dependants.

Parental Leave – Although there is no statutory right to parental leave as the local
authority retains this responsibility, foster carers who wish to take parental leave
(unpaid) may apply via the trust process.

14.5 Parental Leave

14.5.1 Parental leave is unpaid leave taken to look after a child or to make arrangements
in the child’s interests outside of maternity, paternity or adoptions leave. This is
available to all Trust employees with at least one years service, for each child up
to the age of 18. Staff who have not yet accrued one year service may still be able
to take parental leave and should speak to their line manager.

14.5.2 Parental leave should not be confused with shared parental leave which is a new
entitlement for eligible parents of children due to be born or adopted on or after
5th April, 2015.

14.5.3 Key points:

• Employees must have completed one year’s service to qualify.

• Parental Leave applies to each child not to an employee’s job

• 18 weeks of unpaid leave can be taken up to the child’s

18th birthday.

• Leave may be taken straight after the birth or adoption or following

a period of maternity leave

Employees will need to request leave giving at least 21 days’ notice

before the intended start date
• Employees must give notice in writing

14.5.4 Parental leave should be taken in blocks of a week or multiples of a week, ad

should not be taken as “odd” days off, unless there are exceptional circumstances.
Employees cannot take off more than four weeks during a year. A week is based
on an employee’s working pattern.

14.5.5 This leave is not intended for use in emergency situations where urgent care may
be needed e.g. breakdown of carer arrangements.

14.5.6 For further information on unpaid Parental leave or Shared Parental Leave please
refer to the Maternity, Paternity and Adoption Leave Policy – CNTW(HR)19.

14.5.7 Requests for parental leave should be accommodated wherever possible. Further
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advice is available from your Locality/Directorate Workforce Teams.

14.6 Unpaid Leave

14.6.1 There may be exceptional circumstances when an employee requests unpaid

leave following exhaustion of annual paid leave. Unpaid leave cannot be
requested on a regular or ongoing basis in pursuance of flexible working
arrangements. See Section 11 for examples of alternative options.

14.6.2 Where unpaid leave has been granted the employee will not be in receipt of salary,
allowances or any other payments which form part of their employment terms and
conditions.

14.7 Time Off for Public Duties

14.7.1 Employees may request time off for seeking election to, or elected to Parliament.
Campaigning for parliamentary election – staff governors and employees.

14.7.2 Employees may request time off for seeking election to Parliament or campaigning
for parliamentary election. This applies to both staff governors and employees.

• If an employee is a Trust Governor, that position cannot be

maintained and it is expected that the employee will resign the
governor position immediately in order to pursue this activity

• Members of staff may campaign for parliamentary election in their

own time, at their own expense and without reference or detriment
to any of the Trust’s business. There is no legal requirement to time
off to seek parliamentary election. The Trust therefore will not give
any special leave, paid or unpaid, in order for employees to pursue
this

14.7.3 Position of employees elected to Parliament

• No special facilities will be afforded to employees who become

Members of Parliament. Such employees are not, by reason of their
office, rendered incapable of being elected to Parliament or of sitting
and voting as a Member of the House of Commons. However, their
position of remaining in NHS employment will therefore be governed
by their ability or inability to continue to carry out their employed
Trust post

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14.8 Other Public Duties

14.8.1 An employee wishing to pursue a public service activity inside their normal
working hours must first seek the approval for special leave from their
Manager. The following are examples of public duty for which paid leave
is normally given:

• As a Justice of the Peace

• On a Statutory Tribunal

• On a Police Authority

• On the Board of Prison Visitors or Prison Visiting Committee

• On a relevant Health Body

• On a relevant Education Body

• Membership of Local Authorities

• Jury Service

• Trade union member (for trade union duties)

14.8.2 In respect of jury service, employees should not claim expenses from the court as
there is no financial loss. In these instances the employee should be recorded as
being on authorised paid leave and advised that they should not complete a loss
of earning form.

14.8.2 Reasonable time off should be granted and agreed, taking into consideration the
duration of the duties and any previous requests for time off in these
circumstances.

14.8.3 Time off cannot be declined in regards to Jury Service.

14.9 Training with Reserve and Cadet Forces

14.9.1 The Trust is committed to granting additional paid leave of ten days (pro-rata) per
year to reservist and cadet instructors specifically to enable them to attend the
annual camp. Reservists and Cadet instructors must submit all requests for leave
to their line manager and submit an application for Special Leave (see CNTW(HR)
25).

14.9.2 Employees required to attend additional short period training (normally at

weekends) will be expected to arrange such training to be undertaken in their off
duty time. Where this is not possible unpaid leave may be authorised.

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14.9.3 Employees are required to provide details of any leave requirements to their
manager in line with any other leave request. In the event that the reservist is
mobilised there is normally 28 days’ notice.

14.9.4 Periods of Mobilisation are unpaid and claims for financial support should be
submitted to the Ministry of Defence (MOD) by the Employee. Managers will need
to submit a changes form to avoid an overpayment of salary.

14.10 Inclement Weather

14.10.1 Where bad weather may prevent employees attending their normal workplace,
discussions must be held with the Line Manager to agree alternative working
arrangements where possible, subject to service needs being maintained.
Employees may be required to work in alternative roles at alternative work
premises, usually commensurate with their grade; however, there may be urgent
exceptional situations where employees are asked to work in a lower graded role.
Where an alternative base is not available, annual leave or lieu time may need to
be taken.

15 Identification of Stakeholders

15.1 The Policy applies to all Trust employees and has been fully consulted on via
Managers and Staff-Side representatives and ratified by the Trust-wide Policy
Group in accordance with CNTW(O)01 – Development and Management of
Procedural Documents.

15.2 Trust-wide consultation consists of sending Policies to all listed below:

• Corporate Decisions Team

• Business Delivery Group

• Safer Care Group

• Local Negotiating Committee

• Locality Care Groups

• Clinical Governance and Medical Directorate

• Safeguarding

• Trust Allied Health Profession Services

• Commissioning and Quality Assurance

• Trust Pharmacy

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• Workforce

• Communications, Finance , Digital Services

• NTW Solutions

• Staff Side

• Internal Audit

• Safety, Security and Resilience

16 Training (See Appendix B)

16.1 Training and resources have been identified for implementation.

17 Implementation

17.1 Managers have a responsibility for ensuring that the principles of this Policy are
fully implemented within the Trust and take advice from Locality/Directorate
Workforce Teams as necessary.

17.2 Taking into consideration all the implications associated with this Policy, it is
considered that this Policy will be implemented with immediate effect.

18 Monitoring Compliance

18.1 There will be ongoing monitoring of this Policy to ensure compliance as follows:

• Regular communication with Managers and staff;

• Audit / Monitoring Tool (Appendix C).

19 Standards / Key Performance Indicators

19.1 In the development of this Policy, key standards considered were as follows:

• Key Employment Legislation

• National guidance and mandatory requirements

20 Fraud, Bribery and Corruption

20.1 In accordance with the Trust’s Policy CNTW(O)23 – Fraud, Bribery and Corruption
and Response Plan, all suspected cases of fraud and corruption should be
reported immediately to the Trust’s Local Counter Fraud Specialist or to the
Executive Director of Finance.
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21 Equality Impact Assessment

21.1 As part of its development, this policy and its impact on equality have been
reviewed in consultation with trade union and other employee representatives in
line with the Trust’s Equality Scheme and Dignity and Respect Policy –
CNTW(HR)08.

21.2 The purpose of the assessment is to minimise and if possible remove any
disproportionate impact on employees on the grounds of race, sex, disability, age,
sexual orientation or religious belief.

22 Associated Documents

• CNTW(O)01 – Development and Management of Procedural

Documents

• CNTW(HR)08 – Dignity and Respect Policy

• CNTW(HR)10 - Attendance Management / Sickness Absence Management

Policy

• CNTW(HR)19 - Maternity, Paternity and Adoption Leave Policy

• CNTW(O)23 – Fraud, Bribery and Corruption Policy and Response

Plan

• CNTW(HR)25 - Reserve Forces and Mobilisation Policy

• Flexible working policy and Managing Sickness absence have been

mentioned in this policy and need to be included

23 References

• NHS Employers Terms and Conditions Handbook – section 23

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Appendix A

Equality Analysis Screening Toolkit

Names of Individuals Date of Initial Review Date Service Area / Locality
involved in Review Screening
Chris Rowlands Mar 2021 Mar 2024 Trust wide

Policy to be analysed Is this policy new or existing?

CNTW(HR)11 - Flexible Working Policy – V03 Existing

What are the intended outcomes of this work? Include outline of objectives and function aims
To assist staff in achieving greater work / life balance by promoting opportunities for staff to
take up flexible working patterns. To ensure no member of staff is treated less favourably than
other staff in pursuance of flexible working arrangements. To comply with NHS Contractual
obligations and employment legislation.

Who will be affected? e.g. staff, service users, carers, wider public etc.
All Staff. Trust Flexible Working Policy goes further than what is required Statutorily and in the
interests of fairness and equality requests for flexible working can be considered regardless of
conformance to eligibility criteria.

Protected Characteristics under the Equality Act 2010. The following characteristics have
protection under the Act and therefore require further analysis of the potential impact that the
policy may have upon them
Disability Positive as part of reasonable adjustments
Sex Recognises potential equality in care roles
Race Not Applicable
Age Positive – will allow flexibility for caring responsibilities and will
help ensure that we are working towards our general equality
duties.
Gender reassignment Not Applicable
(including transgender) Provision recognise Transgender and Non Binary employees
Sexual orientation. Provisions recognise same-sex couples
Religion or belief Not Applicable
Marriage and Civil Civil Partnerships are recognised in the Policy
Partnership
Pregnancy and maternity Positive – Policy allows flexibility for childcare arrangements
Carers Positive
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Other identified groups

How have you engaged stakeholders in gathering evidence or testing the evidence
available?
Through Policy process

How have you engaged stakeholders in testing the policy or programme proposals?
Through review of Policy

For each engagement activity, please state who was involved, how and when they were
engaged, and the key outputs:
BDG, Staff Side

Summary of Analysis Considering the evidence and engagement activity you listed above,
please summarise the impact of your work. Consider whether the evidence shows potential for
differential impact, if so state whether adverse or positive and for which groups. How you will
mitigate any negative impacts. How you will include certain protected groups in services or
expand their participation in public life.
Policy has a positive impact

Now consider and detail below how the proposals impact on elimination of discrimination,
harassment and victimisation, advance the equality of opportunity and promote good
relations between groups. Where there is evidence, address each protected characteristic
Eliminate discrimination, harassment and Yes
victimisation

Advance equality of opportunity Yes

Promote good relations between groups Yes

What is the overall impact? Positive

Addressing the impact on equalities Implementation of the reviewed Policy

From the outcome of this Screening, have negative impacts been identified for any
protected characteristics as defined by the Equality Act 2010? NO

If yes, has a Full Impact Assessment been recommended? If not, why not?

Manager’s signature: Christopher Rowlands Date: Mar 2021

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Appendix B

Communication and Training Check List for Policies

Key Questions for the accountable committees designing, reviewing or agreeing a

new Trust Policy

Is this a new policy with new training requirements or a No this is an existing Policy. There will be
change to an existing policy? no specific training delivered.
Guidance for managers and
communication for all staff will support roll
out.
Update Managers’ knowledge and skills
If it is a change to an existing policy are there changes to
regarding flexible working options will be
the existing model of training delivery? If yes specify
delivered via updated Manager guidance
below.
manual and cascaded into locality and
directorates. To ensure a fair and
consistent approach to flexible working
within the Trust.
Necessary to enable understanding of
Are the awareness/training needs required to deliver the
key employment legislation and local
changes by law, national or local standards or best
standards of good practice.
practice?
Ensure Managers are aware of and
Please give specific evidence that identifies the training understand the application of the flexible
need, e.g. National Guidance, CQC, NHS Resolutions working approach and options, available
etc. via manager guidance manual
Please identify the risks if training does not occur.
All staff will be made aware of changes
Please specify which staff groups need to undertake this
via communications at both Trust and
awareness/training. Please be specific. It may well be the
local level.
case that certain groups will require different levels e.g.
staff group A requires awareness and staff group B
requires training.
Understanding of new responsibilities and
Is there a staff group that should be prioritised for this
skills and other related policy will be a
training / awareness?
priority for line managers and guidance
manual will support this.
Please outline how the training will be delivered. Include Awareness of policy through intranet and
who will deliver it and by what method. team briefs.
Manager guidance manual
The following may be useful to consider:
Team brief/e bulletin of summary
Management cascade
Newsletter/leaflets/payslip attachment
Focus groups for those concerned
Local Induction Training
Awareness sessions for those affected by the new policy
Local demonstrations of techniques/equipment with
reference documentation
Staff Handbook Summary for easy reference

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Taught Session; E Learning

Please identify a link person who will liaise with the

Deputy Director of Workforce and OD –
Training Department to arrange details for the Trust
where applicable although it is not
Training Prospectus, Admin needs etc.
proposed to deliver specific training
sessions.

Appendix B – continued

Training Needs Analysis

Staff/Professional Group Type of Training Duration of Frequency

Training of Training

All staff groups; all areas Good practice in line Not Applicable 3 yearly
with CNTW Policies

Should any advice be required, please contact: CNTWAcademy@CNTW.nhs.uk

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Appendix C
Monitoring Tool Statement

The Trust is working towards effective clinical governance and governance systems. To
demonstrate effective care delivery and compliance, Policy authors are required to include
how monitoring of this policy is linked to Auditable Standards / Key Performance indicators
will be undertaken using this framework.

CNTW(HR)11 – Flexible Working Policy - Monitoring Framework

Auditable Standard / Key Frequency / Method / Where Results and

Performance Indicators Person Responsible Any Associate Action
Plan Will Be Reported
To Implemented and
Monitored; (this will
usually be via the
relevant Governance
Group).

1. Flexible working Line Manager – as each

requests cannot be one is received, they will
anticipated, however, meet with staff to discuss
as they are received, with Trade Union
Managers are Representative if required,
expected to give within 3 months of receipt
serious consideration of application
to each one
Where staff are not Capsticks Review
satisfied with Managers Meeting
response, they may seek
Workforce advice and / or
may raise a Grievance.
Grievances monitored
monthly in Capsticks
Report.. Also quarterly Trustwide Q+P
report by Workforce
Developments Team

The Author(s) of each Policy is required to complete this monitoring template and ensure
that these results are taken to the appropriate Quality and Performance Governance Group
in line with the frequency set out.

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