Requesting flexible working is a new ‘day one’ right for NHS staff working in England and Wales. Find out more about your options and how to make a request.
What’s the new agreement on flexible working?
In the NHS flexible working is an arrangement which supports an individual to have a greater choice in when, where and how they work. An agreement negotiated by UNISON and health unions through the NHS Staff Council means that as of 13 September 2021, all employees of NHS organisations in England and Wales have a contractual right to request flexible working from day one of employment.
The agreement also removes limits on the number of requests that can be made and strengthens the processes employers must use when considering requests.
The COVID-19 pandemic has demonstrated the willingness of NHS staff to go above and beyond in putting the needs of patients and services before themselves.
The NHS needs to retain these staff it and recruit many more to meet the challenges ahead – offering genuine flexible working is an important way to do this.
The new improved provisions we have negotiated mean:
- all employees have the right to request flexible working from day one of employment
- there is no limit on the number of requests you can make
- you have the right to make requests and have them considered regardless of the reason
- organisations must keep a central overview of how requests are being handled and check for fairness and equality of outcomes
- where you and your line manager haven’t been able to find a solution, there is a further escalation stage to check for other suitable options
- your line manager should have regular conversations about flexible working with you – without waiting for you to make a formal request
Remember, it’s your employer’s duty to make sure that you can request flexibility from day one and you have every right to raise issues relating to flexible working during your 1-2-1s, appraisals, team discussions or even during informal conversations with your line manager.
The NHS Staff council have produced a number of useful resources to support making flexible working accessible to all staff – no matter what your role. This includes staff working in administrative functions, cleaners, porters, nurses, ambulance staff and OTs (to name a few) and regardless of whether you work a 9-5 or around different shift patterns.
Resources for staff
- See the new NHS terms and conditions on flexible working
- View a flow-chart to help you know what to expect if you make a request
- Detailed guides for employees and for line managers will be available shortly – in the meantime have a look at our ‘Flexible working – thinking about your options’ section below
Resources for branches
Flexible working – thinking about your options
Flexible working has always been seen as mainly available to those with caring responsibilities but in the NHS flexible working can be requested because:
- You want a better work-life balance
- You have caring responsibilities
- Any other reason!
Some examples of flexible working are listed below but it’s important to remember, you are not limited to these options so think creatively.
It’s also worth noting, flexible working can be a combination of formal and informal flexible arrangements and you’re not limited in the number of options you choose. For example, you can ask to work reduced hours whilst also staggering those hours.
What does flexible working in the NHS look like?
Some examples of flexible working are set out below:
- Reduced hours (or part time working) – working fewer hours than you were initially contracted to work
- Staggered working hours – where staff work a set number of hours during the day but with different start and finish times
- Term time hours – usually favoured by working parents to work 39 weeks per year within term time and use their annual leave entitlement, plus additional unpaid leave, to have school holidays off work
- Flexi time – allows you to vary your working hours (which may include your start and finish times) to suit your individual circumstances
- Team based self-rostering – giving staff control over the pattern of their working week by allowing them to put forward their preferences and trying to match these as close as possible
- Compressed working week – working your contracted hours over fewer days. For example, working your hours over four days instead of five
- Working from home – working some or all of your work patterns at home
- Job share – a form of part-time working where one full-time role is shared between two members of staff. Salary and benefits are divided according to the hours worked
Remember this list is not exhaustive and the new provisions allow you to come up with a whole host of options.
In the NHS flexible working can be requested for:
- All working days
- Specific days or shifts only
- Specific weeks only e.g. during school term time
- A limited time only e.g. for 3 or 6 months only
Things to consider before making a request for flexible working
We know that UNISON members choose to work in the NHS because they care about the services they run and patients they care for. That’s why achieving a balance between your own needs, service delivery and the work-life balance of your colleagues is something that might come naturally to you. It will help if you’ve considered the impact your request might have on your patients and colleagues.
That’s why it’s important for you to be prepared in advance of your discussion with your manager. So feel free to seek advice from your local UNISON branch beforehand. Your local UNISON rep will also be on hand to help you put in appeal or make a new request if your flexible working application has not been accepted this time around.
Top tips for members who want to work more flexibly
- Read your organisation’s flexible working policy. Remember, UNISON branches are currently working hard to ensure that this policy (and how it’s put into practice) is robust and fit for purpose.
- Consider all the different ways you might be able to work more flexibly. Consider the impact that your flexible working options might have on your pay, terms and conditions and prepare for conversations with your manager. If you’re not sure, speak to your local UNISON rep
- Speak to your colleagues including those working in other teams to find out how they are working flexibly and see if these can be replicated in your own team.
- Speak to your local UNISON rep if you’re unsure about your options including how to go about applying for flexible working. Remember, your local UNISON branch is always on hand to guide you through making your flexible working application including helping you to put in an appeal if your request has been turned down.
- Keep an eye out for further info and resources as we add them to this page – including on team-based self-rostering for those of you who work around shift patterns.