Flexible Working

National Officers and Reps have dealt with a few flexible working (FW) requests recently and we thought it might be useful to outline the principles of the Policy and explain common reasons given for managers declining requests.

Despite a strengthened right to request, many FW requests are being declined. We believe that this highlights the difficulties managers and staff encounter, trying to accommodate requests at this current time, when staffing is under such pressure. 

NHS Scotland’s Flexible Work Pattern Policy states that your flexible work pattern should be supported where possible. 

Your manager should only refuse a request for valid service or organisational reasons such as:

• adverse impact on service delivery or quality
• adverse impact on work colleagues
• health, safety, and wellbeing considerations

Acceptable legal reasons for turning down a request are:

• extra costs that will damage the organisation
• the work cannot be reorganised among other staff
• people cannot be recruited to do the work
• flexible working will affect quality and performance
• the organisation will not be able to meet patient demand
• there's a lack of work to do during the proposed working times
• the organisation is planning changes to the workforce

Where your manager is unable to agree to your request

They will confirm their decision in writing within 7 calendar days of the meeting. The outcome letter will include:

• the reasons for not agreeing to the request, detailing the rationale for the decision

• an outline of any points and alternative options discussed
• your right to appeal the decision within 14 calendar days
• who you should write to detailing the grounds for your appeal

If you are minded to appeal, the appropriate manager to receive the appeal would usually be your manager's manager.

A ‘good’ application usually explains precisely the pattern sought and provides suggestions as to how the request might be accommodated. This means that when you are thinking about making an FW request you should also be thinking about what steps your manager might reasonably take in order to rearrange work and giving your manager some indication of how this may sustain workflow or patient pathways/satisfaction.

Members are encouraged to familiarise themselves with the Policy and in particular, to give careful consideration to how a request might be accommodated within the workplace.

• The Policy that Boards should be following is here: https://workforce.nhs.scot/policies/flexible-work-pattern-policy-overview/flexible-work-pattern-policy/ and
• Guidance for employees is here: https://workforce.nhs.scot/supporting-documents/guide/flexible-work-pattern-policy-guide-for-employees/

If you are seeking to make an FW request, it is advisable to consult your SoR representative first.