The pandemic has demonstrated how flexible nurses are in responding and adapting to service needs, confirming that flexible working in nursing is possible. Employers now need to react to requests from nurses who wish to work flexibly. Flexible working can create a healthy work-life balance for nurses and their families.
Flexible working supports the retention of existing staff, including those returning to work following family-related leave. The right to request flexible working is well-established, initially limited to those caring for children, then offered to those with wider caring responsibilities, and then extended further to include all qualifying employees, irrespective of their reason for seeking flexible working.
There have been changes made to the NHS Terms and Conditions of Service Handbook (NHS Employers, 2021), which came into effect on 13 September 2021. These changes give increased rights to request flexible working in England and Wales. They have gone beyond the current statutory flexible working rules, designed to give contractual force to the NHS ‘People Promise’ (NHS England/NHS Improvement, 2021), supporting the commitment to moving to flexibility as a matter of default. Similar provisions will be expected to follow in Northern Ireland and Scotland. Scotland will introduce these changes in line with its ‘Once for Scotland’ workforce policies programme (NHS Scotland, 2021).
NHS England/NHS Improvement is working with professional bodies to apply the same principles to primary care, encouraging GP practices and primary care networks to offer more flexible roles.
The NHS Staff Council (2021), in a joint staff statement, confirms that employees can make requests regardless of the reason and without the need to have to justify them. There is also provision for agency workers to make an application for flexible working when they return to work after a period of parental leave. The processes employers must use when considering requests have also been strengthened, with an emphasis on a partnership approach and the development of robust policies.
Working in the NHS does not mean that employees have to sacrifice family life, friends or interests, something that will resonate with many nurses. Working patterns and hours of work that are predictable, that employees have a say in agreeing, make a difference. The NHS People Promise suggests that employees can work flexibly, doing whatever work pattern suits their needs, irrespective of their role. The NHS, a modern and model employer, does not see working flexibly any less than full time as a barrier to progress in the NHS (NHS England/NHS Improvement, 2021). Where possible, the NHS needs working practices that ensure staff can work in a manner that best suits their personal needs and preferences.
Changes made to section 33 of the handbook are limited to the right to request flexible working, they do not give the employee a right to insist on this. Employers are required to give all requests due consideration, with an emphasis on exploring and mutually agreeing solutions. Requests should be approached with an open mindset and consideration given as to whether a request can be agreed, as opposed to which of the statutory scheme reasons for refusal can be used to reject the request.
Making flexible working a reality for nurses demands compassionate conversations between employers and staff representatives (NHS England/NHS Improvement and Health Education England, 2020). Managers dealing with requests for flexible working and supporting staff will require training so they understand and are aware of new rights and changes in procedure. They need to be clear on the approach taken to requests and the importance of being able to justify any refusals.