Version: V8
Ratified by: Finance and Risk Committee
Date ratified: 01/03/2021
Job Title of author: HR Business Partners
Reviewed by Committee or Expert Group Staff Partnership Forum
Equality Impact Assessed by: Human Resources
Related procedural documents
HRPOL11 Recruitment Policy
HRPOL29 Capability Policy
CPR052 Remediation Procedure (Medical & Dental Staff)
HRPOL27 Workforce Solutions Bank Policy Workers Policy
CCPOL01 Engagement of Contractors and Agency Workers *Remediation Policy
*return to practice
Review date: March 2024
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
1. Introduction
Provide aims to deliver high quality and safe services and it recognises that this commitment to quality and safety must be reflected in the work and conduct of all its employees.
2. Scope
This procedure applies to all employees at Provide. .
This policy applies to those engaged as temporary workers either directly, via commercial contracts or through an agency.
Any organisations Provide sub-contracts with are required to ensure they have procedures in place for checking the professional registration of the person they employ.
Contractors have an obligation to ensure and evidence their professional registration is in place.
3.
KeyPrinciples
This policy is in place in order to ensure that Provide employs people with appropriate registrations and who are eligible to practice. It emphasises that the responsibility for registration rests with the individual practitioner and that failure to ensure registration is valid may result in the termination of employment with Provide.
4. KeyResponsibilities
Employees
Employees are expected to:-
• Comply with the requirements of this policy
As a member of a profession, the primary responsibility rests with the individual practitioner:
• To register/re-register with the appropriate professional body
• Keep any documentation or electronic evidence relating to the registration in a place of safety
• Produce this documentation or electronic evidence when requested by the appropriate service/professional managers or a member of the HR Department
• Contact the appropriate professional body for proof/evidence/written documentation if requested to provide it
• Keep the relevant professional body informed of changes to personal details for example, address or status, to ensure internal records are accurate and up to date and routine renewal advice is received
• Inform Provide of any disruption or changes to their registration
Managers
Managers are responsible for raising awareness of this policy within their own business units and will highlight changes to their teams at meetings. In addition, they are expected to:
• Review the registrations of employees within their services, including ensuring these are valid and that re-registrations occur in a timely manner
• To seek advice from Human Resources where necessary and act on it as appropriate.
• ensure that individuals who are being recruited to posts for which they will be responsible, hold appropriate and current registration prior to employment
Chief Officers
All Directors are responsible for identifying and ensuring the development of documents relevant to their area of responsibility. The Group Chief People Officer is accountable to the Group Chief Executive and the Provide Board for ensuring this policy is implemented and associated documents become active documents within Provide.
Directors will ensure that this policy is appropriately consulted upon and that all resource implications are highlighted and funding identified. They will ensure that their Senior Managers are informed of progress.
Group Chief Executive
The Group Chief Executive Officer has overall responsibility for the strategic and operational management of Provide which includes ensuring that this policy & associated documents comply with all legal and statutory requirements.
The Provide Board
The Provide Board is responsible for setting the strategic context in which organisational documents are developed, and for ensuring the formal review and approval of documents takes place.
5. Procedure / Implementation
Pre-Employment
It is the responsibility of the relevant Recruiting Manager to ensure that individuals who are being recruited to posts for which they will be responsible, hold appropriate and current registration prior to employment.
All prospective employees are required to bring the original documents confirming their registration status to job interviews. The Recruiting Manager is responsible for checking and taking copies of the documents, and signing and dating the copy to confirm that they have had sight of the original document. Copies of the documents should then be sent to the HR Department.
The HR Department will then check the registration status for prospective employees using the relevant professional bodies’ verification system prior to confirming any conditional offer of employment. All prospective medical employees will have their licence to practice checked at the time of their GMC registration verification.
The HR Department will keep appropriate and adequate records of this information. The information obtained during the checking process will be recorded and stored electronically in a format which complies with the requirements of the Data Protection Act.
Any prospective employee who cannot, for whatever reason, supply evidence of their registration status will not be appointed until the individual has contacted the relevant statutory body and produced documentary proof of registration, which is then verified by Provide.
When an interviewee is awaiting examination results it should be made clear, usually at interview and confirmed in writing, that any offer of employment is subject to:
Satisfactory examination results
Their intention to register and produce evidence of that registration as required above prior to commencement of employment
Newly qualified nurses or Allied Health Professionals awaiting registration may be employed as a Health Care Support Worker in the interim period and paid on a Band 3 pay scale until evidence of registration is received
During Employment
Professional registration as appropriate to the post is a contractual requirement and forms the terms and conditions of employment.
The HR Department check professional registrations to ensure they are kept up to date and renewed (see Appendix 1 for a list of professions requiring registration and frequency of registration renewals). A report is produced at the beginning of each month that identifies employees whose registration is due to expire within that month. The HR Department then check registration status with the relevant professional body, to ensure registration has been renewed. Employees must notify HR if their registration has been extended.
If the relevant professional body confirms that an employee’s registration has not been renewed by at least two weeks before the expiry date, the HR Department will contact the relevant line manager by email. The line manager will be advised to speak to the employee, requesting that they renew their registration as a matter of urgency. The line manager should advise the employee of the possible financial and contractual implications of failure to maintain their professional/statutory registration. The HR Department will verify renewed registration with the relevant professional body upon confirmation by the line manager/employee that the situation has been resolved.
If employees change their surname after registration, line managers and the HR Department should ensure that original birth and marriage certificates are seen, copies taken and verified, and placed on file.
Revalidation (NMC and GMC Registrants Only)
Employees that are registered to the Nursing and Midwifery Council (NMC) or General Medical Council (GMC) are required to complete a process of revalidation every three years and five years respectively.
See full Revalidation Guidance at www.nmc.org.uk or www.gmc-uk.org
NMC Revalidation
NMC registered employees must revalidate every three years to confirm that they:
• continue to be fit to practice,
• meet the requirements for practice and continuing professional development,
• have sought third party feedback to inform their reflective practice
• have received third party confirmation that they are fit to practice.
Employees and managers will receive a workflow notification in advance of an employee’s revalidation date. The employee is responsible for applying for revalidation through the NMC Online portal and providing their manager (or assigned confirmer) with the portfolio of evidence for revalidation.
The manager is required to confirm the employee’s revalidation.
If an employee does not achieve their revalidation within 60 days of their revalidation date they will lapse from the register and the employee will not be able to continue to practice
(See Section 5 Lapsed Registration).
Lapsed Registration
Any professional practitioner whose registration has lapsed will not be eligible for employment in positions requiring registration to a professional body.
Where an employee has failed to retain their registration through annual retention or revalidation, the following actions should be taken:
• Professional employees will be advised to contact the relevant professional body registration department immediately. Nurses need to be aware that it can take up to 6 weeks to be re-registered with the NMC.
• The individual cannot undertake the duties and responsibilities of a registered practitioner and depending upon the circumstances, they will either be required to take unpaid leave, or work as an unqualified practitioner with a reduction in pay.
• This decision is the responsibility of the employee’s line manager and will take into account the ability of the service to accommodate the person working as an unqualified member of staff.
• The rate of pay as an unqualified practitioner will be based on the top of pay band 3 (spine point 12 on Agenda for Change pay scales). This does not apply to medical and dental staff who would be required to take unpaid leave.
• Where a lapse lasts more than a few days this may become a disciplinary issue.
• Agency or zero hours workers who have lapsed registration will not be offered any further shifts and any booked shifts must be cancelled. These workers may be able to work as unqualified practitioners (as above) if possible.
Agency and Commercially Contracted Workers
The rules set out in sections 4 and 5 also apply to Agency and commercially contracted workers.
The Service Manager is responsible for ensuring any temporary staff engaged through NHS Professionals, agencies and via commercial contracts have undergone the appropriate checks including having appropriate registration for the role. A checklist is enclosed at Appendix 1 in HRPOL27 Workforce Solutions Bank Policy Workers Policy or CCPOL01 Engagement of Contractors and Agency Workers, and must be completed to evidence this. Managers should advise agencies when placing bookings, that employees are required to report to service managers with their original registration certificate for checking prior to the commencement of their placement.
In the event that a self-employed professional worker provides services for Provide, it will be a contractual responsibility to ensure that they continue to maintain their professional registration, and the initial and ongoing checks should be undertaken by the relevant service manager.
Return to Practice Following a Period of Absence
Enquiries regarding admission to the register should be made directly to the appropriate professional body.
Nurses and Midwives are required by legislation to successfully complete a return to practice programme before renewing their registration if they have taken a break in practice. The NMC define a break in practice as working fewer than 450 hours and 35 Hours of CPD in the preceding three years, or 750 hours in the preceding five years and
35 hours of CPD in the preceding three years. Return to practice nurses who do not hold a current registration will not be employed on a nursing grade.
Advice should be obtained from the Health Professionals Council and followed in respect of an Allied Health Professional returning to practice.
Any professional returning to practice must be appropriately supervised, for an agreed length of time dependant on the individual’s needs.
6. Monitoring and Review
This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements relating from legislative changes.
Review will be undertaken by a CIPD registered member of the HR Department and monitoring will be conducted in respect of policy outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.