HRPOL01 - Freedom to Speak Up (Whistleblowing) Policy
FPOL02 – Conflict of Interests Policy
HRPOL27 - Workforce Solutions Staffing Bank Policy
Review Date: 14 September 2023
It is the responsibility of users to ensure that you are using the most up to date document template – i.e. obtained via the intranet.
In developing/reviewing this policy Provide Community has had regard to the principles of the NHS Constitution
Version Control Sheet
Version Date Author Status Comment
v1 Nov 2010 Head of HR Ratified New
v2 Nov 2012 Head of HR Ratified Review
v3 Feb 2016 Contracts Manager Ratified Re-drafting
v4 August 2018 Contracts Manager Ratified Review
V5 August 2020 Contracts Manager Ratified Review and Redrafting
1. Introduction
Provide is committed to ensuring that it delivers excellent services at all times. We deliver services through our employed staff which includes staff with employment contracts, Fixed Term and Zero Hours contracts and through the use of Temporary Workers. This policy sets out the basis on which we use Temporary Workers and the policies that apply to our use of them.
We use Temporary Workers to compliment and support the work undertaken by our employed staff. The standards applicable to Temporary Workers are the same as the standards that apply to our employed staff. They are aimed at ensuring that we deliver the highest standard of service possible.
Our use of Temporary Workers involves significant financial cost to the organisation and entails the need to ensure that they fit seamlessly into our day to day operations. We therefore give serious consideration to the basis on which we use them and this policy sets out the details governing their use.
2. Purpose
The purpose of this policy is:
• To ensure that we are consistent in our use of Temporary Workers
• To ensure that we restrict the use of Temporary Workers so that they are only used where necessary
• To ensure that the organisation is continually aware of the basis on which we are using Temporary Workers including the number used, the areas they are working in and the cost to the organisation
• To ensure that our use of Temporary Workers enables us to continue to meet our obligations relating to patient safety and the commitments we have made to commissioners
• To ensure that appropriate checks regarding the performance and abilities of Temporary Workers are undertaken in order to ensure that we continue to meet our compliance and safeguarding obligations as required by CQC, NHSLA and legislation
• To set out the induction requirements which need to be undertaken when taking on Temporary Workers which may include ID checks, insurance checks, registrations and DBS checks
• To set out the rights of Agency workers to ensure the organisation complies with the Agency Worker Regulations 2010
3. Scope of Policy and Legal Framework
This policy applies to the use of Temporary Workers by Provide CIC and all its subsidiary companies. This policy does not apply to employed staff including those on Zero Hours Contracts or Fixed Term Contracts or “Bank” workers engaged by the Workforce Solutions service
In relation to Agency Workers, the Temporary Agency Work Directive 2008/104/EC will apply and the Terms and Conditions we have negotiated with any Agency will form the basis of our contractual relationship. In relation to Contractors, the form of contract that we require Contractors to sign will form the legal basis of our contractual relationship.
4. Definitions
Provide
Provide Community Interest Company
Agency Worker
A worker temporarily engaged by Provide from an external agency or NHS Professionals.
Contractor
An individual operating as a sole trader or through a registered company which includes clinicians who provide services to Provide, with whom we have a commercial contract in place
Bank
A bank worker engaged through our Workforce Solutions department. Bank workers do not have fixed contracted hours and are offered and can accept or decline work as and when required. (Not included within this policy see HRPOL27 - Workforce Solutions Staffing Bank Policy).
Temporary Workers
A collective term for Agency Workers and Contractors who are not employed be Provide but engaged in delivering a service for Provide
Fixed Term Worker
A worker with a Provide employment contract for a specified timeframe with a specified end date. (Not included within this policy).
Zero Hours Worker
A worker with a Provide employment contract that enables them to be engaged for ad hoc hours as and when required. (Not included within this policy).
Manager
The manager who has a delegated budget for the service or shift. This may be a Clinical Service Manager, Team Manager or Team Leader.
5. Duties
The Basis on which Provide authorises the use of Temporary Workers
Provide’s Executive Clinical & Operations Director is ultimately responsiblefor ensuring that appropriate staffing arrangements and skill mix are in place for each of Provides’ clinical services. This can entail the use of TemporaryWorkers across all of Provides’ service lines.
Provide’s Assistant Directors for all clinical service lines are delegated this responsibility and factor the use and cost of TemporaryWorkers into their annual budget setting process.
On a day to day basis Provide’s Clinical Service Managers, Team Managers or Team Leaders (Managers) will authorise the use of Temporary Workers within the scope of their own delegated budgets and activity.
6. Consultation and Communication
This Policy will be available to all staff via My Compliance.
This Policy has been ratified at the Finance and Risk Committee.
7. Monitoring
This document will be kept under general review but will be reviewed no later than three years from the date adopted. Any new statutory provisions affecting this document will automatically take precedence.
The policy will be monitored to:
i. Measure its effectiveness
ii. Comply with legal obligations
iii. Highlight practical issues and seek solutions.
The relevant Manager with responsibility for the service will determine the skill mix and staffing arrangements they need and the extent to which they require Temporary Workers to complement their employed staff and whether these are Bank Workers, Agency Workers or Contractors.
Managers who need to use Temporary Workers must ensure that the type of Temporary Worker they engage is the most cost-effective solution to meet the needs of the service and to safeguard patients.
Use of agencies will usually be the most expensive solution and should be used as a last resort. In conjunction with this, new frameworks containing approved agencies were published.
• Crown Commercial Services: RM970 Agency Nurses and Social Care Workers
• Crown Commercial Services: RM959 Allied Health Professionals, and Health Science and Emergency Services staff
Under the framework agreements organisations have assurance that the CCS Service has negotiated the best price and that the agencies are carrying out appropriate checks on workers they supply. The Workforce Solutions team holds a list of agencies that have been approved by Provide; this list can be accessed by contacting provide.workforcesolutions@nhs.net. Framework agreements andthe Agencies covered by them are available on the CCS website http://ccs-agreements.cabinetoffice.gov.uk/
When to use Temporary Workers
The use of Temporary Workers can be approved for a range of circumstances including the following:
• Where bespoke packages of care are devised and need additional resource;
• Where specific arrangements need to be made for a specific patient (in these circumstances approvalmust be obtained from the relevant Assistant Director or Service Manger);
• As cover for standard/funded vacant posts;
• Where additional skills are required which are either unavailable within Provide or not cost effective to procure on an employed basis
• As cover for sickness and absence or to help inform annual review and check against ward/service levels;
• As cover for annual leave and to ensure that the annual leave arrangements in the wards/services are effective;
• As cover where mandatory and other developmental training is being undertaken by employed staff;
• As cover for maternity/paternity or parental leave;
• In other exceptional circumstances (this category is closely monitored)
Agency Workers should not usually be engaged on a regular basis, if there are exceptional circumstances which require regular engagement, managers must consider whether such workers need to participate in clinical supervision.
Monitoring Temporary Workers
Provide closely monitors its use of Bank and Agency Workers and associated spend at the People & Culture Steering Group. The cost of Agency Workers is also reported to the Finance & Risk Committee.
Contractors are monitored via Hub Internal Contract Meetings (HICs)
9. Categories of
Temporary Workers
Bank
In the first instance that a Manager identifies a vacant shift, the Manager should attempt to fill this vacancy with part time employed staff who already work in the service.
Bank staff through Workforce Solutions should be utilized in preference to Agency Workers and should be engaged in accordance with HRPOL27 - Workforce Solutions Staffing Bank Policy.
Contractors
If a need for a Contractor is identified by any directorate, for example where there is a known vacancy for an extended period of time, Provides’ Contracting Team must be contacted via provide.contracts@nhs.net so that appropriate contractual documentation can be drafted. In order to do this, the Contracting Team will require full co-operation and details regarding the nature of the arrangements being established. The Contracting Team will advise the process to be followed from the initial point of contact with the proposed Contractor to the execution of a final agreement. Depending upon the type of Contractor involved, Managers may be asked to liaise with HR in order to secure a DBS, and/or other checks including Contractor insurances. The Contracting Team will provide the Manager with a checklist as part of the process (Appendix 3).
All Managers are responsible for ensuring that contract management meetings take place in line with timeframes set out in any Contractor contract that is in force in relation to their service area. A template agenda is included in appendix 4 which all Managers should follow to help them monitor their Contractors service, and to ensure that the service received from the Contractor is in line with the Contractors delivery obligations. A representative from the Contracting Team will be available to attend your contract management meetings if required, or if you have any particular issues you need to raise at those meetings.
Invoices for contractors are to be signed by the budget holder. Managers must not sign invoices for anyone with whom they have a personal relationship, as defined in HRPOL36
Personal Relationships at Work Policy and are reminded of the Conflicts of interests Policy EFPOL21
Agency Workers
When an Agency Worker is identified by an Agency following a request from Provide to fulfil an Agency Worker need, it is the Manager’s responsibility to request an Agency Staff Profile Form (Appendix 1). A list of pre-approved Agencies who are aware of this process is available from provide.workforcesolutions@nhs.net
On the first day of an Agency Worker’s assignment the Agency Worker must produce their passport, (or other forms of acceptable photographic identity documentation, such as a driving licence) together with their professional registration details and must be checked that the photographs provided in such documents are a true reflection of the Agency Worker. A local induction checklist (Appendix 2) must be completed and filed locally. This checklist welcomes the Agency Worker to Provide and initiates the Agency Worker to the relevant department / team and Provide’s procedures relevant to the role they will be undertaking. A completed copy must be retained on file.
Managers must ascertain that the Agency Worker is not a current employee of Provide and this can be verified by HR if uncertain. Current employees cannot be engaged to work through an Agency and must join and work shifts through Workforce Solutions (Bank). Former employees, where the employee has terminated all forms of employment with Provide will be permitted for use through an Agency provided their employment ended more than six months prior to the date which they will first undertake their first Agency shift.
Timesheets for agency staff are to be signed by the relevant Manager in charge. Managers must not sign timesheets for anyone with whom they have a personal relationship, as defined in HRPOL36 Personal Relationships at Work Policy and are reminded of the Conflicts of interests Policy EFPOL21
10. Agency Worker Rights
Managers should be aware that under the Agency Worker Regulations 2010 Agency Workers have a number of rights.
From Day One of Assignment
Access to Collective Facilities
All Agency Workers will be given the same access to Provide’s collective facilities and amenities as a comparable worker who is recruited directly. This access will be given from the first day of the Agency Worker's assignment with Provide. Provide will supply details to Agency Workers of Provide’s facilities on the first day of their assignment.
Agency Workers will have access to:
i. all toilet and shower facilities in the relevant area of work
ii. staff changing areas
iii. the staff common room
iv. breastfeeding facilities
v. vending machines
vi. staff car parking
Information on Relevant Vacancies
From day one of an assignment with Provide, Agency Workers will be provided with information about any relevant job vacancies within Provide. As part of local induction the Agency Worker will be told that all vacancies within Provide can be accessed on the NHS Jobs website https://www.jobs.nhs.uk/ or alternatively via the vacancy bulletin circulated on a weekly basis to staff.
After 12 Weeks of an Assignment
Equal Treatment
Once an AgencyWorker has completed 12 weeks with Provide in the same role, he/she will be entitled to the same basic working and employment conditions that would apply to employees or workers who have been directly recruited to the same job. This includes pay, duration of working time, rest periods and breaks, and annual leave. Provide will liaise with the agency to ensure that the Agency Worker receives equal treatment.
Pay
All Agency Workers will be entitled to the same basic pay to which an employee or worker who has been directly recruited to the same job would be entitled. This includes pro- rated salary and additional payments for overtime or enhancements for unsocial-hours
Annual Leave
Agency Workers will be entitled to the same paid annual leave to which an employee or worker who is recruited directly to the same job would be entitled. This leave entitlement will be pro-rated to the length of the assignment.
Working hours
Agency Workers will work the same basic working hours as an employee or worker who is recruited directly to the same job. There may be circumstances in which Agency Workers will, if they wish, be able to opt out of the maximum 48-hour working week under the Working Time regulations 1998. Any worker who has not signed the opt-out or who has revoked his/her opt-out will not be requested or permitted to work more than the maximum number of working hours permitted under the Working Time regulations, 1998.
Rest Periods
Agency Workers will be entitled to the same rest periods and breaks to which an employee or worker who is recruited directly to the same job would be entitled. Under working time Regulations all employees and workers are entitled to a break of at least 20 minutes after they have worked continuously for 6 hours.
Night Work
Agency Workers will be entitled to the same arrangements for night work to which an employee or worker who is recruited directly to the same job would be entitled. These arrangements are set out in Agenda for Change.
11.Information for Agency Workers
Facilities and Relevant Vacancies
An Agency Worker who believes that he/she has not been provided with equal access to collective facilities or relevant vacancies may make a written request to Provide for information about such access.
Within 28 days of receiving such a request, Provide will furnish the AgencyWorker in writing with the: relevant information about accessto collectivefacilities and/or accessto vacancies; and reasons for the treatment of the Agency Worker in relation to access to collective facilities and/or access to vacancies.
Moving Agency Workers to New Assignment/Roles
If a manager requires an Agency Worker to take on a new assignment within Provide or a manager is re-engaging an Agency Worker who has been used before, the manager must establish the length of timethe worker has been continuously engaged with Provide in order to ensure the worker receives the correct pay.
If the Agency Worker is simply undertaking a new assignment within the same role, the Agency Worker’s qualifying period will continue to accrue. The Agency Worker will be deemed to be continuing to work in the same role unless:
• the work or duties that make up the new role (or the main part of it) are substantially different from the work or duties that made up the previous role (or the main part of it);
• If the new assignment is a different role or there is a break of more than six weeks between assignments, the Agency Worker’s qualifying period will accrue from the start date of the new assignment for the purposes of calculating the Agency Worker’s qualifying period
Absences
There are exceptions where a break of more than six weeks between assignments "pauses" the qualifying period (i.e. the qualifying period does not continue, but picks up where it left off when the Agency Worker returns).
Reasons for the Agency Worker's qualifying period to "pause" include that he/she has a break:
i. of up to 28 weeks due to sickness or injury;
ii. for the purpose of taking annual leave;
iii. of up to 28 calendar weeks to allow him/her to perform jury service;
iv. caused by industrial action, for example a strike.
Family-Friendly Rights
The Agency Worker's qualifying period continues to run (i.e. the qualifying period continues to accrue during the absence) if the break is due to pregnancy, childbirth or maternity or paternity and takes place during pregnancy or up to 26 weeks after childbirth (for example, pregnancy-related sickness absence or absence because there is a health and safety reason whythe employee cannot carryout the role). The AgencyWorker's qualifying period continues to run during any breaks that occur because the worker is taking maternity leave, adoption leave or paternity leave from the agency.
If an Agency Worker is pregnant, has given birth within the previous six months or is breastfeeding, she must inform her agency and Provide in writing as soon as possible. The Provide manager engaging the worker will carry out a risk assessment in relation to the role carried out by any Agency Worker who is pregnant, has given birth within the previous six months, or is breastfeeding.
If any potential risk to health and safety is identified Provide will, where possible, make reasonable adjustments to the role. If it is not possible to make reasonable adjustments to the role to remove the identified risk, the manager will inform the agency and the agency should seek alternative work for the Agency Worker.
A pregnant Agency Worker who has completed 12 weeks with Provide in the same assignment is entitled to paid time off for antenatal appointments. All workers are encouraged to arrange antenatal appointments outside working hours where possible. Provide may request written evidence of the antenatal appointment (except for the first appointment).
Raising Awareness
To ensure that staff are made fully aware of the provisions of this document Provide will ensure that:
• Managers will have access toHR policies and procedures, throughthestaff intranet. Copies will also be available from the HR Department;
• All Provide Directors and operational managers must ensure they are fully conversant with this policy;
• All Managers and those Provide employees who may request the use of additional staff must ensure they are fully aware of the necessary checks they are required to go through before requesting additional staffing and the process for authorisation of such shifts;
• Relevant support will be given to employees whose first language is not English, or who have a visual impairment or other disability;
• Training will be arranged for managers, staff and staff representatives
12.Fraud
Provide adopts azero-tolerance attitude to fraud, bribery andcorruption or any similar illegal act In signing invoices from Contractors or Agencies and timesheets for Agency Workers, Managers are reminded of their obligations under the Provide Anti-Crime Policy (EFPOL01).
Fraud can be defined as any person who makes a false representation to make a gain for themselves or another or fails to disclose to another person information which they are under a legal obligation to disclose, or commits fraud by abuse of position, including any offence as defined under the Fraud Act 2006.
In each instance the individuals conduct must be dishonest, and their intention must be to make a gain or cause a loss (or the risk of a loss) to another.
It is the responsibility of Managers to ensure that they are satisfied that the information provided on invoices and timesheets is correct and complete prior to authorising for payment. Knowingly providing or authorising false information may constitute offences under the Fraud Act 2006
Suspicions of fraud need to be reported at the earliest opportunity using the reporting lines detailed within the Anti-Crime Policy (EFPOL01).
Appendix 1 – Agency Worker Profile
Appendix 2 – Local Induction Checklist
Ensurethatnewstartersareadvisedoftheirrequirementswithdeclaringsecondaryemployment and conflicts of interest in accordance with organisational policies.
Complete Employee Declaration of Other Jobs if appropriate
Complete Conflict of Interest and/or Working Time document wherenecessary.
Appendix 3 – Checklist for New Contractors
Template agenda for meeting with Contractors
1. Introduction (if necessary)
2. Matters Arising
3. Contract
a. Term
b. DBS
c. Accreditation/registration (if applicable, check with Paul Spowage)
Name of project/policy/strategy (hereafter referred to as “initiative”):
Engagement of Temporary Workers Policy
Provide a brief summary (bullet points) of the aims of the initiative and main activities:
Outline the approach of Provide to engagement of temporary workers.
To ensure there is a consistency of the organisational approach in the use of temporary staff
To ensure Provide restricts the use of temporary staff to exceptional circumstances
To ensure that Provide is kept informed of its use of temporary staff through regular detailed reporting
To ensure there are appropriate numbers of staff in each department and team with the correct skill levels to meet the needs of the service
To ensure appropriate checks are carried out on engagement of temporary workers to maintain compliance with safeguarding and legislation
To ensure temporary staff engaged by Provide complete a local induction. To comply with Agency Worker Regulations 2010
Project/Policy Manager: Head of HR
Date: 10/4/2019
This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.
Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group. Neutral
Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why?
Or is it clear at this stage that it will be equality “neutral”?
Neutral
Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.
Neutral
Guidelines: Things to consider
• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.
• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.
• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this –e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.
• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.
• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?
• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that datagathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.
• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.
EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage 2:
(To be used where the ‘screening phase has identified a substantial problem/concern)
This stage examines the initiative in more detail in order to obtain further information where required about its potential adverse or positive impact from an equality perspective. It will help inform whether any action needs to be taken and may form part of a continuing assessment framework as the initiative develops.
Q1. What data/information is there on the target beneficiary groups/communities? Are any of these groups under- or over-represented? Do they have access to the same resources? What are your sources of data and are there any gaps?
n/a
Q2. Is there a potential for this initiative to have a positive impact, such as tackling discrimination, promoting equality of opportunity and good community relations? If yes, how? Which are the main groups it will have an impact on?
n/a
Q3. Will the initiative have an adverse impact on any particular group or community/community relations? If yes, in what way? Will the impact be different for different groups – e.g. men and women?
n/a
Q4. Has there been consultation/is consultation planned with stakeholders/ beneficiaries/ staff who will be affected by the initiative? Summarise (bullet points) any important issues arising from the consultation.
n/a
Q5. Given your answers to the previous questions, how will your plans be revised to reduce/eliminate negative impact or enhance positive impact? Are there specific factors which need to be taken into account?
n/a
Q6. How will the initiative continue to be monitored and evaluated, including its impact on particular groups/ improving community relations? Where appropriate, identify any additional data that will be required.
n/a
Guidelines: Things to consider
• An initiative may have a positive impact on some sectors of the community but leave others excluded or feeling they are excluded. Consideration should be given to how this can be tackled or minimised.
• It is important to ensure that relevant groups/communities are identified who should be consulted. This may require taking positive action to engage with those groups who are traditionally less likely to respond to consultations, and could form a specific part of the initiative.
• The consultation process should form a meaningful part of the initiative as it develops, and help inform any future action.
• If the EIA shows an adverse impact, is this because it contravenes any equality legislation? If so, the initiative must be modified or abandoned. There may be another way to meet the objective(s) of the initiative.
Further information:
Useful Websites
www.equalityhumanrights.com Website for new Equality agency www.employers-forum.co.uk – Employers forum on disability www.disabilitynow.org.uk – online disability related newspaper www.efa.org.uk – Employers forum on age
