Flexible working is any working pattern that falls outside the traditional 9-to-5, Monday-to-Friday model. In a 24/7 service like the NHS, this is nothing new, but your rights to formally request a change to your own pattern have recently been strengthened. It’s about giving you more control over where, when, and how you work.
It’s a common myth that ‘flexible working’ just means going part-time. While reducing your hours is one of the most popular options, there are many other arrangements that could help you find a better balance between your job and your life outside of it. Your trust will have a policy outlining the options available, but they typically include:
- Part-time working: Working fewer than the standard full-time hours for your role, either by working fewer days per week or shorter days.
- Compressed hours: Working your full-time hours but over fewer days. For example, working four longer days instead of five standard ones.
- Term-time working: Your contract means you only work during school term times, with unpaid leave during the holidays. This is particularly popular with parents of school-age children.
- Annualised hours: Your total number of hours for the year is fixed, but you have flexibility on when you work them, often to match peaks and troughs in service demand.
- Self-rostering: You and your team have more control over designing your own rotas, ensuring that shifts are covered while accommodating individual preferences where possible.
- Job sharing: Two people share the responsibilities of one full-time job, splitting the hours and duties between them.
Your right to request flexible working
For a long time, you needed to have worked for an employer for 26 weeks before you could make a formal flexible working request. That has now changed. Thanks to new legislation that came into force in April 2024, you now have the right to request flexible working from your very first day of employment.
The key points of the law are:
- It is a ‘day one’ right, so you don't need any minimum length of service.
- You can make up to two formal requests in any 12-month period.
- Your employer must deal with your request reasonably and give you a final decision within two months.
For NHS staff on Agenda for Change (AfC) contracts, these rights are further strengthened. Section 33 of the AfC handbook sets out the health service's commitment to flexible working. It encourages managers to take a positive and accommodating approach to requests. Always check your own trust’s flexible working policy, as it may offer even better terms than the legal minimum.
This doesn't mean every request will be automatically approved, but it does mean your employer must give it serious, careful consideration.
How to make a formal flexible working request
While you now have a legal right to make a request, how you go about it can make a big difference to the outcome. Following a clear process shows you are professional and have thought through the implications.
1. Start with an informal chat
Before you dive into paperwork, have a conversation with your line manager. A friendly, open discussion can help you gauge their initial thoughts, understand any potential concerns from the team's perspective, and explore options you might not have considered. In many cases, a simple change can be agreed upon informally without needing a formal process at all.
2. Find and read your local policy
Your trust will have a specific Flexible Working Policy. You should be able to find it on your staff intranet or get a copy from the HR department. This document is your best friend. It will tell you exactly what form you need to fill in, who to send it to, and the steps your manager has to follow.
3. Submit your written request
If an informal agreement isn't possible, you'll need to make a formal, written request. Your trust's policy will likely have a standard application form. If not, your request should be in writing (an email is fine) and include:
- The date you are submitting the request.
- A clear statement that this is a statutory request for flexible working.
- A description of the working pattern you are asking for.
- The date you would like the new pattern to begin.
- An explanation of how you think the new arrangement might affect your team or service, and your suggestions for how any impact could be managed.
4. Attend the meeting
After you submit your request, your manager will usually invite you to a meeting to discuss it. This is your opportunity to talk through your proposal in more detail, answer any questions, and show that you've considered the needs of the service as well as your own. It’s a discussion, not a battle, so aim for a collaborative tone.
Building a strong case for your request
Your manager has a duty to consider your request, but they also have a duty to maintain a safe and effective service. The strongest applications are those that show how your proposed change can work for everyone – you, your team, and your patients.
When writing your application, put yourself in your manager's shoes. What will their main concerns be? Gaps in the rota? Handovers? Team communication? Address these points head-on and offer practical solutions.
Focus on the positives. Perhaps your request would improve continuity of care on certain days, provide more cover during a particularly busy clinic, or allow you to take on a specific project. Frame your request as a win-win solution, not just a personal favour.
It’s also crucial to understand the financial implications of changing your hours. Reducing your hours will affect your take-home pay, pension contributions, and annual leave entitlement. Using a tool like our NHS take-home pay calculator can help you see exactly what the change would mean for your finances before you commit.
A worked example
Imagine a Band 5 Staff Nurse working full-time on a busy ward wants to compress their hours. Instead of working five 7.5-hour shifts, they want to work four slightly longer shifts to get an extra day off for caring responsibilities.
A weak request would simply state: "I want to work compressed hours to have Fridays off."
A strong request would look more like this: "I would like to request a change to my working pattern to work my 37.5 hours over four days instead of five. I have reviewed the rota and can see that Tuesdays are often staffed with a high proportion of temporary staff. I would be happy to work a long day every Tuesday to provide consistency. My proposed days would be Monday, Tuesday, Thursday, and Saturday. This pattern would ensure I am present for the ward round on Monday, provide senior cover on a Saturday, and my absence on a Friday could be managed through a comprehensive handover to the nurse in charge on Thursday evening."
This second example shows the nurse has thought about the needs of the ward and is presenting a solution, not a problem.
What happens after you've made a request?
Once you've submitted your form, the two-month clock starts ticking for your manager. They must consider your request in a reasonable manner. This involves weighing the benefits for you against any potential negative impact on the service.
An employer can only refuse a request for one of a handful of legally permitted business reasons. These include:
- The burden of additional costs.
- A detrimental effect on the ability to meet patient or public demand.
- Inability to reorganise work among existing staff.
- A detrimental impact on quality or performance.
If your manager intends to refuse your request, they should explain the reasons why in detail, linking them directly to these business grounds. They can't just say "no" because it's inconvenient.
If your request is turned down, you have the right to appeal. Your trust's policy will explain the appeal process. This usually involves your case being reviewed by a more senior manager. If you are a member of a trade union, this is a good time to ask for their advice and support.
Finding a flexible role from the start
If you're looking for a new job in the NHS, you don't have to wait until you've started to think about flexibility. The NHS is actively trying to recruit and retain staff by being more flexible, and this is often reflected in job adverts.
When searching on sites like NHS Jobs, look for phrases like "flexible working considered" or "part-time applications welcome". Some adverts will be for specific part-time hours from the outset.
It is perfectly acceptable to ask about flexible working at your interview. The key is to frame it positively. Wait until you have had a chance to demonstrate your skills and enthusiasm for the role. Then, towards the end of the interview when they ask if you have any questions, you could ask: "What is the team's approach to flexible working?" This shows you are interested in how the team works, rather than just focusing on your own needs.
Keeping on top of your applications can be tricky, especially if you're applying for several roles with different potential working patterns. Using an NHS application tracker can help you manage the process and keep all the details in one place.
Key takeaways
- All employees, including those in the NHS, have a legal right to request flexible working from their first day of employment.
- You can make up to two statutory requests in a 12-month period, and your employer must give you a decision within two months.
- There are many types of flexible working, not just part-time. Consider options like compressed hours, term-time working, or self-rostering.
- Always start with an informal chat with your line manager before making a formal written request.
- When making a request, focus on the benefits to the service and offer solutions to any potential challenges your new pattern might create.
- If your request is rejected, your employer must provide a valid business reason, and you have the right to appeal the decision.
- Don't be afraid to look for flexible options when applying for new roles; the NHS is more open to it than ever before.