Changes in childcare, seeking a better work-life balance or fitting in study may mean the job you once loved becomes difficult to manage around other commitments. Rather than looking for a new role, it’s worth exploring more flexible working.
All NHS staff in England, Northern Ireland and Wales have the contractual right to request flexible working from the first day of employment and can make more than 1 flexible working request per year. Requests must be considered regardless of the reason.
In the NHS in Scotland, the contractual rights are slightly different. There is still the right to request flexible working from day 1 of employment, but staff may only make 2 requests per year. Read more on the NHS Scotland Workforce Policies website.
What should I consider before making my flexible working request?
- Start your preparation early and prepare carefully. You need to give your employer time to consider your request, so don't leave it too late.
- Seek advice from the RCN, by talking to your local rep or seeking assistance from the RCN advice team. Remember that if you’re planning to reduce your hours, you need to be clear about things such as how that might have an impact on your pension and annual leave. Remember even if your overall hours stay the same, your pay may alter if your new pattern changes the number of unsocial hours you work.
- Rather than having just one option for flexible working, try having 2 or 3 that might work for you. That way you can say to your manager: "if you don’t think that will work, how about this?"
- It’s beneficial to be clear about what you want to achieve from a flexible working arrangement, and how this way of working will have an impact on both you and your employer.
- Consider what’s important to you. While it may not be possible to continue working as you’d like in your current ward or clinic, it may be achievable elsewhere with the same employer.
What are the different types of flexible working options?
Common types of flexible working include:
- part-time working
- flexi-time
- compressed hours
- term time-only working
- average or annualised hours
- job-share
- career breaks
- working from home
- remote working
- hybrid, blended or agile working.
Find out more about these options and how to make a request
How do I prepare and what should I expect?
The RCN publication Working Flexibly To Support A Healthy Work-life Balance provides more detailed guidance on types of flexible working, including case studies that may help you.
As of 6 April 2024, the Acas Code of Practice applies (find out more on the Acas website). This is a statutory Code of Practice that all employers should follow.
Failure to follow the code would not in itself give cause to bring legal proceedings against your employer, as the code acts as guidance only.
However, an employer’s failure to adhere to the code may be taken into consideration when settling employment-related disputes (such as tribunal claims).
What about if I work in independent health and social care?
The rules have changed over the last few years depending on where you work. If you need to, please contact us for advice in your case.
What do I need to check if I work in independent health and social care in England, Wales and Scotland?
Check whether there's a written policy in place at your workplace for details. If there isn’t one, you can still follow the statutory process to make an application.
As of 6 April 2024, you have the statutory right to apply for flexible working:
- if you’re an employee, but not in the armed forces
- from the first day in your new job (there’s no need for you to have worked for your employer for a set amount of time)
- twice in any 12-month period.
Full details can be found on the gov.uk website.
What if I work in independent health and social care in Northern Ireland?
Check whether there's a written policy in place at your workplace for details. If there isn’t one, you can still follow the statutory process to make an application.To have the statutory right to apply for flexible working you must:
- be an employee, but not in the armed forces
- have worked for your employer for 26 weeks continuously before applying
- not have made another application to work flexibly under the statutory right during the last 12 months.
Full details can be found on the nidirect website.
What if I’m an agency worker?
Agency workers also have the right to apply for flexible working when they return to work following a period of parental leave. Read more on agency workers.If my request is rejected, can I appeal?
If you work in the NHS then you have the contractual right of appeal under section 33 of the NHS Terms and Conditions Handbook.
Find more detailed information on appeals, including information for if you work outside the NHS, in the RCN flexible working guidance under “appeals”.
If your request isn’t successful, you may be called to a formal meeting to discuss your application. If so, please contact us.
Where can I find out more about flexible working?
There is a wealth of information on the RCN website to help you make decisions and progress flexible working requests.
See the NHS Employers website for guidance and resources on the contractual provisions for flexible working. They include:
The provisions are covered in section 33 of the NHS Terms and Conditions of Service Handbook.
Our careers service has some helpful information on working in ways to suit different lifestyles and maintaining a work-life balance.
Student pilot scheme: 'Flexible working benefits all'
Charlii Siddu, who is a senior lecturer at London Southbank University and works at Guys and St Thomas NHS Foundation Trust, says the positives of flexible working are far-reaching. She strongly believes nursing students should have flexible working options for placements, similar to nursing staff.
Charlii – alongside her colleague Jo Delree, project manager for the NHSE pan-London student flexible working project – has been instrumental in developing and leading a culture-shifting pilot scheme which offers more than 3,500 nursing students flexible working placements across all NHS trusts in London.
“There needs to be a cultural shift within the NHS. Flexible working benefits patients, staff, students – everyone,” says Charlii.
Offering flexible working conveys a message of kindness
“It’s good for retention, recruitment, wellbeing and avoiding burnout. We need to change this for future generations,” she adds. “Imagine if students could apply from day 1 knowing they could work flexibly on placement. Just think how many more would be keen.”
Charlii says the positive feedback from students has blown her away, with some saying they would have felt they had no choice but to drop out had they not been offered flexibility.
“Offering flexible working conveys a message of kindness and treating people as human beings first,” she adds.
“Eventually we want to see this offering for students UK-wide. I’d like all nursing staff and educators to think: could this work in our trust? It’s time to push back against this old-fashioned culture for the future of our profession.”
