From 6 April this year, the Employment Relations (Flexible Working) Act 2023 means that employees in England, Scotland and Wales have the statutory right to request flexible working from day one of employment. Improved flexible working rights also mean that two requests can be made per year (it was previously one), the timeline for a decision from employers is reduced from three months to two and employers are now required to consult with the employee before rejecting a request. Alongside the new statutory rights is a revised ACAS code on Flexible Working.

Of course for midwives and maternity support workers (MSWs) employed in the NHS in England, Scotland and Wales or the HSC in Northern Ireland improved contractual flexible working provisions have been in place for some time. These were negotiated by the NHS trade unions and include:

• A day one right to request,
• More than one request in any 12-month period, regardless of the reason for submitting their requests (in Scotland staff can make two applications in a 12 month period) and
• A requirement that local policies include an initial exploratory stage to look at all the options for reaching a mutually agreeable outcome and an escalation stage to see if there are any further options beyond the immediate team within the organisation that could be agreed.

What we need to see is real meaningful change to the working lives of midwives and MSWs. Whether it’s improved work/life balance or being able to manage caring responsibilities, flexible working is key. The law and terms and conditions are just words on paper if people don’t know about them or can’t access them though. The latest NHS Staff Survey (England) data shows that midwives are less satisfied with their opportunities for flexible working patterns (45%) than the national average (57%). We also asked RCM members about flexible working in our latest survey which ran in March of this year. One-third of respondents had requested flexible working in the past year and almost a quarter (23%) had their request rejected.

Staffing shortages and unsustainable workloads are all too common. In our evidence to the NHS Pay Review Body (PRB) we said that almost all Heads of Midwifery (98%) rely on staff goodwill to maintain essential services. Flexible working is one of the ways staff can be retained in the NHS. Nearly a quarter of respondents (24%) to our latest survey said an agreement to work flexibly would encourage them to return or stay working in the health service. The type of flexible working that midwives and MSWs want is generally reduced hours, fixed shifts or a variety of different shift lengths. Maternity services operate 24 hours a day, seven days a week, 365 days a year so this should be possible and e-rostering and self-rostering should make this easy to manage. But we know that, in practice, 12-hour shifts and rota systems with days and hours of work varying from week to week are the norm.

What we need is real culture change with the benefits to both the individual and organisation known and understood. The RCM is part of the joint NHS trade union ‘Let’s Talk About Flex’ campaign. We’re hoping the campaign will inspire staff and managers to start a conversation about flexible working, and find the flex that works for them. Get involved in the campaign here. Look out for the RCM’s updated flexible working guidance which will be available soon too.

Related links

More information on the other new pieces of legislation from 6 April

England, Wales and Northern Ireland (Agenda for Change Handbook, Section 33): NHS Terms and Conditions of Service Handbook | NHS Employers

Scotland (‘Once for Scotland’ workforce policy): Flexible Work Pattern Policy | NHS Scotland