Flexible working is no longer a privilege—it’s your legal and contractual right from day one of employment in the NHS.
UNISON Croydon University Hospital Branch has published a new guide to help members understand their rights and how to make a flexible working request. This follows major changes introduced by the Employment Relations (Flexible Working) Act 2023, which are now reflected in NHS policy and the Trust’s interim guidance.
What’s New?
Under the new law and NHS Agenda for Change terms:
- You can request flexible working from your first day of employment—no need to wait 26 weeks.
- You can make multiple requests per year under NHS terms.
- You do not need to explain your personal circumstances or justify how your request affects the service.
- Managers must consult with you before refusing a request.
- Decisions must be made within two months, including any appeal.
These changes are designed to support staff wellbeing, retention, and fairness. They also align with the NHS People Promise, which commits to making the NHS a better place to work by offering flexibility and support.
What Can You Request?
Flexible working can include:
- Part-time or reduced hours
- Compressed hours (e.g. 4 longer days instead of 5)
- Staggered start and finish times
- Flexitime
- Job sharing
- Term-time only contracts
- Annualised hours
- Remote or hybrid working
- Self-rostering or team-based shift planning
You can request a temporary or permanent change, and you don’t need to give a reason unless you choose to.
When Can a Request Be Refused?
Managers can only refuse a request for one or more of the following eight statutory business reasons:
- Burden of additional costs
- Detrimental effect on ability to meet demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Insufficient work during proposed working times
- Planned structural changes
If your request is declined, the manager must:
- Provide a clear written explanation
- Confirm that a consultation meeting took place
- Inform you of your right to appeal
How to Make a Strong Request
You can submit your request [CHS staff should do this via ESR (Electronic Staff Record)]. To strengthen your request:
- Be clear and specific about the pattern you’re proposing
- Suggest how your duties can be covered or how performance will be maintained
- Offer flexibility, such as trial periods or phased changes
- Remember: you do not need to disclose personal reasons unless you choose to
You can be accompanied by a UNISON rep or colleague during meetings about your request.
Further Information and Support
- UNISON Guide: Flexible Working in the NHS
- NHS Employers Toolkit: Flexible Working Resources
- Agenda for Change Handbook: AfC Terms and Conditions
- NHS People Promise: Our Promise to NHS Staff
- ACAS Code of Practice: Handling Flexible Working Requests
Need Help?
If you’re thinking about making a request or need support with an appeal, speak to your UNISON Steward or contact the branch office. We’re here to help ensure your rights are respected and your request is handled fairly.
Flexible working is your right. Let’s make it work for you.
