Flexible working for NHS staff

Requesting flexible working is a ‘day-one right' for NHS staff in England and Wales. Find out more about your options and how to make a request

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A contractual right from day one

All employees of NHS organisations in England and Wales now have a contractual right to request flexible working from day one of employment

What is 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. It can be a combination of formal and informal flexible arrangements. 

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.

When can flexible working be requested

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
  • Permanently

Remember this list is not exhaustive and the new provisions allow you to come up with a whole host of options.

What is the agreement on flexible working

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 NHS needs to retain and recruit many more staff to meet the challenges it faces. Offering genuine flexible working is an important way to do this. 

The improved provisions we 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.

Contents:

Is flexible working right for me

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.

What resources are available

The NHS Staff council has 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.

Top tips for members who want to work more flexibly

  • 1 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.
  • 2 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.
  • 3 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.
  • 4 Speak to your local UNISON rep if you’re unsure about your options including how to go about applying for flexible working.
  • 5 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.

Flexible working FAQ

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