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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Flexible Working and Work-Life Balance Policy

1. Purpose

This policy sets out {{org_field_name}}’s arrangements for considering and managing flexible-working requests while maintaining safe, effective and person-centred care for people using the service.

{{org_field_name}} will manage statutory flexible-working requests in accordance with the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023, and the statutory ACAS Code of Practice on requests for flexible working.

Flexible-working arrangements will also be managed in accordance with the Equality Act 2010, the Working Time Regulations 1998 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including Regulation 17 – Good governance and Regulation 18 – Staffing.

The organisation will consider flexible-working requests fairly and reasonably while ensuring that sufficient numbers of suitably qualified, competent, skilled and experienced staff are deployed to meet the needs of people using the service and to maintain safe care at all times.

Nothing in this policy removes or reduces an employee’s separate statutory rights, including rights relating to discrimination, pregnancy and maternity, disability and reasonable adjustments.

2. Scope

This policy applies to employees of {{org_field_name}}, including full-time and part-time employees and any bank staff who have employee status.

Every employee has the statutory right to request flexible working from the first day of their employment.

Agency workers, volunteers, casual workers and other individuals who do not have employee status do not have the statutory right to request flexible working from {{org_field_name}} under the Employment Rights Act 1996 solely because they undertake work at the service. Where appropriate, the organisation may nevertheless consider non-statutory requests for changes to working arrangements, subject to the individual’s contractual arrangements and the operational requirements of the service.

Nothing in this policy determines an individual’s employment status. Employment status will be determined by the applicable contractual arrangements and employment law.

All flexible-working arrangements must remain compatible with the safe delivery of care, required staffing levels, staff competence and skill mix, continuity of care, people’s assessed needs and the organisation’s obligations under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

3. Principles

We recognise that flexible working arrangements contribute to a healthier work-life balance, enhancing employee satisfaction, reducing burnout, and improving retention. However, we must ensure that these arrangements do not compromise the care and safety of the people we support. Our approach is based on fairness, transparency, and mutual benefit, ensuring that both staff and the organisation benefit from flexible arrangements.

4. Flexible Working Options

We offer a variety of flexible working options, subject to operational requirements:

• Part-time working – Employees work fewer hours than a full-time contract, allowing for a better balance between work and personal commitments.
• Job sharing – Two employees share the responsibilities of one full-time role, ensuring coverage while offering flexibility to both staff members.
• Compressed hours – Employees work their full hours over fewer days, providing extended time off while maintaining full-time employment.
• Annualised hours – Total working hours are distributed unevenly throughout the year, accommodating seasonal demands or personal circumstances.
• Home working (where applicable) – Non-care roles may allow remote work, improving efficiency and reducing travel-related stress.
• Shift swapping – Employees can swap shifts with colleagues, subject to approval, ensuring fairness while maintaining continuity of care.
• Term-time working – Suitable for employees with childcare responsibilities, aligning work schedules with school holidays.
• Flexible start and finish times – Available where care continuity is not impacted, offering staff greater autonomy over their schedules.

5. Safe Staffing, Working Time and Flexible Arrangements

Any flexible-working arrangement, including compressed hours, annualised hours, altered start or finish times, shift swapping and changes to working days, must be implemented in a manner that complies with applicable working-time legislation and does not compromise the safety or welfare of people using the service.

Before approving or implementing an arrangement, the Registered Manager or other authorised manager must consider its effect on:

• the number of staff required to meet people’s assessed needs;
• the required skill mix, qualifications, competence and experience on each shift;
• continuity of care;
• medicines management and other clinical or care responsibilities;
• supervision and leadership arrangements;
• emergency and contingency staffing;
• staff fatigue and working hours; and
• the ability of the service to comply with Regulation 18 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Working patterns must comply with the Working Time Regulations 1998, including applicable requirements concerning maximum average weekly working time, rest breaks, daily rest, weekly rest and night work.

As applicable to the individual and subject to any lawful exception or valid agreement, workers are normally entitled to:

• an uninterrupted rest break of at least 20 minutes where daily working time exceeds six hours;
• 11 consecutive hours’ daily rest in each 24-hour period;
• the applicable statutory weekly rest entitlement; and
• an average working week not exceeding 48 hours unless a lawful individual opt-out or other applicable provision is in place.

Where a statutory exception to normal rest requirements applies, including where continuity of service or shift-working arrangements make normal rest impracticable, appropriate compensatory rest must be provided where required by law.

Managers must not approve shift swaps, additional working or flexible arrangements that would result in unsafe working hours, unacceptable fatigue, an unsafe staffing level or skill mix, or an inability to meet people’s assessed care and treatment needs.

6. Employee Eligibility and Statutory Requests

Every employee has the statutory right to request flexible working from the first day of employment. There is no minimum qualifying period of continuous employment.

An employee may make a maximum of two statutory flexible-working requests in any 12-month period and may normally have only one live statutory flexible-working request with {{org_field_name}} at any one time.

A statutory flexible-working request must be made in writing and must:

• state that it is a statutory request for flexible working;
• state the date on which the request is made;
• specify the change requested to the employee’s hours, times or place of work;
• state the date on which the employee would like the proposed change to take effect; and
• state whether the employee has previously made a statutory flexible-working request to {{org_field_name}} and, if so, the date of any previous request.

Employees are not required to explain what effect they believe the requested change would have on the organisation or how any such effect could be addressed.

The request should normally be submitted to the Registered Manager or other manager designated by {{org_field_name}} to consider flexible-working requests.

{{org_field_name}} will deal with each statutory flexible-working request in a reasonable manner and will consider the potential benefits and effects of the proposed arrangement on both the employee and the service.

Where the request can be agreed in full, the employee will be informed of the decision and the agreed contractual changes will be confirmed in writing.

Unless the request is accepted in full, {{org_field_name}} must consult the employee before deciding whether to refuse the request. Consultation will provide an opportunity to clarify the request, discuss any concerns, consider whether the request could be accommodated in whole or in part and consider alternative arrangements where appropriate.

When assessing a request, the organisation will consider the safe and effective operation of the service, including compliance with Regulation 18 – Staffing, the assessed needs of people using the service, required staffing levels and skill mix, continuity of care, quality and safety, operational requirements and the employee’s contractual arrangements.

A statutory request may only be refused for one or more of the statutory business reasons permitted by the Employment Rights Act 1996. These are:

• the burden of additional costs;
• an inability to reorganise work amongst existing staff;
• an inability to recruit additional staff;
• a detrimental impact on quality;
• a detrimental impact on performance;
• a detrimental effect on the organisation’s ability to meet demand;
• insufficient work being available during the periods the employee proposes to work; or
• planned structural changes.

Where a request is refused, the employee will be informed of the decision and the relevant statutory business reason or reasons. The decision will be explained sufficiently to show why the relevant reason applies to the circumstances of the request.

The organisation will make and communicate the final decision on a statutory flexible-working request, including the outcome of any appeal, within two months of receiving the request unless an extension to the statutory decision period has been agreed with the employee. Any agreed extension should be confirmed in writing.

An employee may appeal against a refusal in accordance with this policy. Any appeal must be dealt with promptly and within the overall statutory two-month decision period unless an extension has been agreed with the employee.

7. Equality, Disability and Reasonable Adjustments

{{org_field_name}} will consider and determine flexible-working requests without unlawful discrimination and in accordance with the Equality Act 2010.

Managers must consider whether a request is connected with a protected characteristic and must ensure that the employee is not subjected to direct discrimination, indirect discrimination, discrimination arising from disability, harassment or victimisation.

Where an employee is disabled within the meaning of the Equality Act 2010 and the requested change may constitute, or may be connected with, a reasonable adjustment, the organisation must consider its separate statutory duty to make reasonable adjustments.

The duty to consider and, where required, make a reasonable adjustment is separate from the statutory right to request flexible working. A request must therefore not be treated solely as a flexible-working request where the circumstances indicate that the Equality Act 2010 reasonable-adjustment duty may apply.

Where appropriate, the manager must discuss reasonable adjustments with the employee and consider relevant information concerning the disadvantage experienced by the employee and the effectiveness and reasonableness of possible adjustments.

No employee will be subjected to unlawful discrimination because of making a flexible-working request or because of a protected characteristic.

8. Work-Life Balance Initiatives

To foster well-being and prevent burnout, we implement:

• Rotas published in advance to allow employees to plan personal commitments and maintain a healthy balance between work and home life.
• Mental health and well-being support, including access to counselling services and employee assistance programmes to support emotional well-being.
• Regular supervision and workload reviews to ensure employees are not overwhelmed and to identify necessary adjustments.
• Annual leave and TOIL (Time Off in Lieu) management, ensuring all staff have fair access to rest and recovery periods.
• Team engagement activities to foster a supportive workplace culture, promoting inclusivity and collaboration.

9. Management Responsibilities

Managers responsible for considering flexible-working requests must ensure that requests are handled fairly, consistently, reasonably and within the applicable statutory timescale.

Managers must:

• recognise that every employee has the statutory right to request flexible working from the first day of employment;
• consider each request on its individual circumstances;
• properly assess the proposed arrangement and any relevant effect on the employee and the service;
• consult the employee before refusing a statutory request unless the request is accepted in full;
• consider whether the original request could be accepted in whole or in part and discuss appropriate alternatives where relevant;
• refuse a statutory request only where one or more of the statutory business reasons applies;
• ensure that decisions are not unlawfully discriminatory;
• identify where a request may engage the separate duty to make reasonable adjustments under the Equality Act 2010;
• ensure that approved arrangements remain consistent with the Working Time Regulations 1998;
• ensure that sufficient numbers of suitably qualified, competent, skilled and experienced staff remain deployed to meet people’s needs and regulatory requirements;
• consider the effect of an arrangement on staffing levels, skill mix, continuity of care, supervision, leadership, emergency cover and staff fatigue;
• keep an appropriate written record of the request, consultation, assessment, decision and any agreed contractual change; and
• review flexible-working arrangements where there is evidence that they are adversely affecting the safety or quality of the service.

Managers must not reject a flexible-working request merely because flexible working is inconvenient or because of assumptions about how an arrangement may operate. Any refusal must be based on the circumstances of the particular request and on one or more of the statutory business reasons.

Where a flexible-working arrangement is approved, managers must ensure that it does not result in staffing arrangements that prevent {{org_field_name}} from meeting the requirements of Regulation 18 – Staffing of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

10. Protection from Detriment and Dismissal

An employee must not be subjected to a detriment or dismissed because the employee:

• has made, or proposes to make, a statutory flexible-working request;
• has exercised or proposed to exercise a statutory right relating to flexible working; or
• has brought proceedings, or alleged circumstances that could support proceedings, concerning the statutory flexible-working provisions.

Managers must not disadvantage an employee in relation to shifts, opportunities, training, promotion, treatment at work or any other employment matter because the employee has made or intends to make a statutory flexible-working request.

Any allegation of detrimental treatment, discrimination or dismissal associated with a flexible-working request must be addressed promptly under the organisation’s applicable grievance, equality or employment procedures.

11. Monitoring and Review

{{org_field_name}} will monitor the operation and impact of flexible-working arrangements to ensure that they continue to support safe and effective service delivery and do not compromise people’s care, safety, welfare or continuity of support.

Staffing levels and skill mix must be monitored in accordance with Regulation 18 – Staffing and must be reviewed and adapted in response to changes in the needs and circumstances of people using the service. The service must not rely solely on an annual review where staffing risks or changing needs require earlier action.

Managers will monitor, as appropriate:

• staffing levels and skill mix;
• the effect of flexible-working arrangements on people’s assessed needs;
• continuity and quality of care;
• staff competence and supervision arrangements;
• sickness, fatigue and working-time risks;
• use of agency or temporary staff where this is affected by flexible-working arrangements;
• incidents, complaints or concerns associated with staffing arrangements; and
• any identified risk to the health, safety or welfare of people using the service.

Where monitoring identifies a risk to safe care or regulatory compliance, the Registered Manager must assess the risk and take proportionate action without avoidable delay.

Records relating to statutory flexible-working requests, consultation, decisions, agreed working arrangements and relevant management reviews must be maintained securely, accurately and in accordance with applicable employment and data-protection requirements.

The organisation will use relevant feedback from staff and other appropriate sources to evaluate whether working arrangements continue to support safe, effective and sustainable service delivery.

12. Related Policies

• CH16-Health and Safety at Work Policy
• CH18-Risk Management and Assessment Policy
• CH23-Lone Working and Staff Safety Policy
• CH27-Staff Supervision, Training, and Development Policy
• CH30-Equality, Diversity, and Inclusion Policy
• CH33-Staff Leave and Absence Policy

13. Policy Review

This policy will be reviewed at least annually and earlier where required because of:

• a change in applicable employment legislation;
• a change in the statutory ACAS Code of Practice or other applicable statutory guidance;
• a relevant change to CQC regulations or regulatory guidance;
• identified concerns regarding staffing, safety or the effectiveness of flexible-working arrangements;
• significant organisational change; or
• learning arising from complaints, incidents, grievances, employment proceedings or regulatory activity.

Where legislation or regulatory requirements change before the scheduled review date, {{org_field_name}} will apply the current legal requirement and update this policy without waiting for the annual review.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.