HRPOL27 Workforce Solutions Bank Policy GROUP WIDE POLICY by Provide Community

Workforce Solutions

Version: V4

Ratified by: People and Culture Steering Group

Date ratified: 15/10/2024

Job Title of author: Head of Resourcing

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: Director, People Partnering

1. Definition of Terms Used

Term Definition

Provide Community

Provide Community Interest Company

Bank Workforce Solutions.

Bank Worker

A worker engaged through Workforce Solutions with a contract that enables them to be engaged for ad hoc hours, as and when required for the Bank.

Agency Worker A worker temporarily engaged by Provide from an external agency

Contractor

Temporary Workers

Fixed Term Worker

Zero Hours Worker

Manager

An individual operating as a sole trader or through a registered company, which includes clinicians who provide services to Provide.

A collective term for Contractors, Agency and Bank workers used by Provide.

A worker with a Provide employment contract for a specified timeframe with a specified end date. (Not included within this policy).

A worker with a Provide contract that enables them to be engaged for ad hoc hours as and when required. (Not included within this policy).

The manager who has a delegated budget for the service or shift. This may be a Clinical Service Manager, Team Manager or Team Leader.

2. Introduction, Purpose and Scope

2.1 Introduction

The Provide Group is committed to ensuring that it delivers excellent services at all times. This policy sets out the basis on which we use Bank Workers and the policies that apply to our use of them.

Provide uses Bank Workers to compliment and support the work undertaken by our employed staff in the event of a staff shortfall. The standards applicable to Bank Workers are the same as the standards that apply to our employed staff. They aim to ensure that we deliver the highest standard of service possible.

Bank workers are a valuable asset to the organisation, that require suitable support and investment of time to enable value for money in the medium to long term and it is therefore important that we ensure these workers fit seamlessly into our day-to-day operations.

2.2 Purpose

This policy provides information to assist with the effective recruitment, selection and appointment process for those staff joining Workforce Solutions. It gives clear guidelines on how cover must be requested by Managers, how Bank Workers can request shifts to work, and resulting payment arrangements. It also provides information about how registration with Workforce Solutions is maintained.

The purpose of this policy is:

• To ensure that we are consistent in our use of Bank Workers;

• To ensure that we utilise Bank Workers to their full extent.

• To ensure that our use of Bank 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 Bank 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 Bank Workers which may include ID checks, qualification checks, professional registrations and DBS checks;

2.3

Scope of Policy and Legal Framework

This policy applies to the use of Bank Workers across the Provide Group. This policy does not apply to employed staff or workers who hold a contract to provide services directly with the Provide Group

In relation to Bank Workers, the contracts which Bank Workers must sign will be relied upon.

3. Duties and Responsibilities

3.1 The basis on which Provide authorises the use of Bank Workers:

➢ Provide’s Directors are delegated this responsibility and must factor the use of Bank Workers into their annual budget setting process.

➢ Service Managers with support from the Workforce Solutions Lead, have overall responsibility for all non-substantive post holders engaged through Workforce Solutions whilst they are working in their department, which includes local induction, day to day management, training and development. Managers are responsible for supervising and overseeing performance for bank workers on duty in their service area and escalating issues of concern to the Workforce Solutions Lead.

➢ The Workforce Solutions Lead is responsible for the organisation and coordination of processes associated with the booking and management of Bank Workers. For administrative purposes the Head of Resourcing is the designated line manager.

They are responsible for the Workforce Solutions Team and should ensure the team liaise with service managers and Bank Workers on a daily basis to ensure that shifts are filled. They are responsible for checking key documentation, and providing management information, when required, to ensure the effective operation of the Workforce Solutions function.

➢ Workforce Solutions Bank Workers are responsible for following the processes outlined in this policy to request and receive payment for bank shifts. Bank Workers are required to comply with all relevant Policies, Procedures, Protocols and management instructions.

There is no obligation to offer work, however the Workforce Solutions team will make workers aware of shifts available.

All Bank Workers must advise the Workforce Solutions Team of any changes in their employment status, such as contact details, availability, changes affecting their right to work, or bank records. All Bank Workers must also advise the Workforce Solutions Team of any information relating to maternity, adoption, long term absence or other leave arrangements.

3.2 Deciding to use Temporary Workers

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.

The temporary worker options available to Managers are set out in the Engagement of Temporary Workers Policy (CCPOL01).

4. Workforce Solutions Process

4.1 In the first instance that a Service Manager identifies a vacant shift, they should firstly attempt to fill this vacancy through:

• Asking part-time substantive staff working in the same role to work additional hours.

• Asking substantive staff, also registered with Workforce Solutions, to work as a bank shift

• Asking the Workforce Solutions Team to fill the shift.

Where a shift cannot be filled by the Bank, Managers are permitted to use an Agency to fill the vacant shift unless there is a specific directive in place for higher authority or management of the booking process (see Engagement of Temporary Workers Policy (CCPOL01) for further details).

4.2 Recruitment and Selection

Provide aims to promote equality of opportunity and eliminate unlawful discrimination by establishing fair and transparent systems of recruiting and retaining Bank Workers. All recruitment to the Bank will be in line with the principles set out in the Recruitment and Selection Policy and Procedure (HRPOL11), for example NHS Employers Check Standards.

4.3 Bank Workers holding Substantive contracts with Provide

Substantive Provide employees who are part-time and wish to work additional hours in the same service should work additional hours through their substantive contract up to the full time equivalent of 37.5 hours per week.

Employees who have a full-time substantive contract with Provide and wish to join the bank to undertake additional work in the same capacity, will be required to formally register with Workforce Solutions. As they have already been through Provide’s recruitment and selection processes a formal interview process may not be required.

Any mandated post-employment checks will be undertaken by the Workforce Solutions Team in accordance with Provide’s policies. For example, Professional Registration Policy and Procedure (HRPOL13). Bank Workers are required to comply with all relevant Policies, Procedures, Protocols and other directions as defined in the Provide’s policies or procedural documents. If Bank Workers are undertaking shifts in a department, they are unfamiliar with, the Manager should arrange for a local induction to be completed (see Appendix 1 - Local Induction for Bank Workers).

All Substantive employees who also work bank shifts in their own department should continue to be managed by their Substantive Line Manager

If employees are on sick leave from their substantive post, they must not undertake any bank shifts during that period of absence. Working whilst on sick leave may constitute an offence under the Fraud Act 2006, and could lead to criminal investigation and action, including prosecution and / or dismissal. Any suspicions of fraud must be reported to the Local Counter Fraud Specialist (LCFS) for Provide CIC, or to the Group Chief Finance Officer and

Company Secretary.

The line manager, who must liaise with the Workforce Solutions Team, is responsible for monitoring staff sickness absence.

Provide wishes to support employees who have been sick to make a full recovery and ensure they have an opportunity to rest as fully as possible. Employees that have been absent due to sickness will therefore not be encouraged to work additional shifts or hours for Provide through Workforce Solutions. If an employee wishes to work additional hours following a period of sickness absence, they should discuss this with their line manager to seek agreement before being allocated additional shifts. Managers will use their discretion when deciding as each circumstance should be treated on a caseby-case basis depending on the reason for sickness absence. Where permission is granted by the manager then this must be documented in writing as to why an individual is working so soon after returning from sick leave.

If employees wish to resign from their permanent contract and remain as a Workforce Solutions worker only, they will be required to complete a two week break in service and provide up to date pre-employment checks to the Workforce Solutions Team. The change from an employee to worker must be supported by their most recent line manager.

4.4 Bank Workers with no Substantive Contract with Provide

All recruitment to Workforce Solutions will be in line with the principles set out in the Recruitment and Selection Policy and Procedure (HRPOL11), for example, it will include the relevant NHS Employer Check Standards.

The Workforce Solutions Team will notify the Workforce Solutions Lead once all appropriate pre-employment checks are completed and all appropriate clearances received. Prior to commencing an assignment with Workforce Solutions, successful applicants should attend Provide’s Corporate Induction. They must also complete a local induction in all areas where they work a shift (see Appendix 1 - Local Induction for Bank Workers)

In accordance with Provide’s policies, any mandated post-employment and onboarding checks will be undertaken by the Workforce Solutions Team. For example, Professional Registration Checks will be completed in accordance with the Provide Professional Registration Policy and Procedure (HRPOL13). Bank Workers are required to comply with all relevant Policies, Procedures, Protocols and other directions as defined in Provide policies or procedural documents.

4.5

Advance Booking

Where there is a requirement for a planned advance booking, authorised department staff will be required to request the shift using the rostering system or by an email sent to the Workforce Solutions Team using provide.bookingsworkforcesolutions@nhs.net All requests must submitted in writing or via the roster request function, no telephone messages should be left. All requested shifts must be authorised by a budget holder or their delegate.

The Workforce Solutions team will act to fill shifts and will liaise with service managers if there are difficulties in doing so or if further information is required. The Workforce Solutions team will determine when to seek the support of outside agencies to fill unfilled shifts.

All shift bookings will be confirmed in writing to the worker and the service manager or designated others will be notified.

If a booked shift needs to be cancelled by either service or worker, clear communication of this should be directed to provide.bookingsworkforcesolutions@nhs.net in writing no later than 24 hours before. If a service wishes to cancel a worker on the day of the shift, a late cancellation charge of 2 hours of pay will be paid to the worker.

4.6 Mandatory Training Compliance

All Bank Workers have a responsibility to undertake mandatory training requirements which are in line with the standard of permanent employees. Bank Workers must maintain their compliance to be eligible to book shifts.

As a new worker with Workforce Solutions, staff will have 8 weeks to complete all mandatory training assigned to their role. This process contains a mixture of face to face training and e learning modules. Training completed outside of a booked shift will be paid at a set rate agreed with Talent and Learning.

4.7 Payment of Bank Shifts

All Bank shifts worked in any area will be paid two weeks in arrears by electronic bank transfer.

The Bank Worker must submit an authorised Time Claim Form detailing the shifts they have worked and for which service. The Time Claim Form must be signed to confirm the workers attendance, ideally this should be the service manager. Working time does not include time spent travelling to the place of work, lunch breaks and other rest breaks. The worker, in conjunction with the service manager, must ensure breaks are taken. It is the responsibility of the worker to ensure their Time Claim Form is sent to the designated email address provide.timeclaimformwfs@nhs.net

The Time Claim Form deadline for submission is anytime on a Monday Any claims received after this will be processed the following week.

The Bank Worker is responsible for accessing their online payslip to ensure they have received correct payment. Workers must highlight any pay queries as soon as possible to the Workforce Solutions Team.

Workers should also be aware that knowingly providing false information may constitute an offence under the Fraud Act 2006 and may result in disciplinary and / or criminal investigation and prosecution. Where it is suspected that an individual has provided false information, the matter must be reported to either the LCFS for Provide CIC or the Group Chief Finance Director and Company Secretary.

Individuals therefore consent to the disclosure of information from the rostering system to and by Provide and the Local Counter Fraud Service for the purpose

of verification of the claim and the investigation, prevention, detection and prosecution of fraud.

4.8 Payment for Expenses

Expenses must be submitted at the end of each month and will be paid a month in arrears. For the avoidance of doubt, expenses will not be paid weekly.

All Bank Workers will be assigned a base location, travel to and from this location will be not be paid. The distance from home to base location will be deducted from daily mileage, including on shifts when the base location is not visited. Applicable expense claims must be submitted within monthly deadlines

Mileage will only be reimbursed upon production of valid documents relating to the car used. These include a valid driving licence, insurance covering the use of the car in the course of the claimant’s business, proof of car tax and MOT if applicable. Car travel should be claimed by stating the starting location and end location of each journey. Odometer readings are not an acceptable way of claiming as the travel cannot be audited.

Bank workers should also be aware that knowingly providing false information may constitute an offence under the Fraud Act 2006 and may result in disciplinary and / or criminal investigation and prosecution. Where it is suspected that an individual has provided false information, the matter must be reported to either the LCFS for Provide CIC or the Group Chief Finance Director and Company Secretary.

5. Leaving Workforce Solutions

5.1

Resigning from Workforce Solutions

Bank Workers wishing to resign from Workforce Solutions must advise the Workforce Solutions Team in writing. There is no notice period; however workers will be required to honour any pre-booked shifts.

Employees resigning from their Substantive Provide Post who wish to remain with Workforce Solutions, must state their intention to remain on the bank in their letter of resignation.

Bank Workers must return all uniforms, equipment, ID Badges and Smartcards to the Workforce Solutions Team. Failure to do so may result in being charged for the costs incurred.

Removal from Workforce Solutions

Provide must ensure that they gain the maximum value and benefit from our administrative resources. As part of this work there will be a regular review of Bank Workers to identify people who may need to be removed from Workforce Solutions. These include:

• Bank Workers who have not worked for a period of 6 months

• Bank Workers who consistently fail to respond to calls offering shifts.

• Bank Workers who do not complete their full induction within 8 weeks

without a valid reason.

The Workforce Solutions Team will write to Bank Workers before removing them from the service, but if no response is received within 14 days from the date of communication requesting that they remain active, the Bank assignment will be terminated. Workers who ask to remain registered will have to book shifts within an additional 6 months or they will be removed from Workforce Solutions. If the Bank Worker wishes to work shifts following this they will be asked to reapply to Workforce Solutions.

Bank Workers who have concerns about any of these arrangements can contact the Workforce Solutions Team at any point for further advice.

6. Bank Worker Rights

6.1 Managers should be aware that Bank Workers have a sessional workers contract and have the same rights as a zero hours employees and The Working Time Regulations (1998) will apply. These are summarised for information purposes below:

6.1.1

Annual leave

Bank Workers are entitled to accrue holiday at a rate of 12.07% of the hourly rate for every hour worked. Such accrued entitlement will be paid in lieu in the payroll immediately following its accrual (subject to usual deductions for income tax and national insurance contributions).

6.1.2

Working hours

A worker cannot work more than an average of 70 hours in any sevenday period. They may also work no more than 5 nights in a row or 31 days consecutively.

In signing a Bank Worker contract, this confirms a Workers agreement that the maximum weekly working time as provided for in the Regulations (being 48 hours per week) shall not apply in respect of your engagement with the Company.

And, legally, workers must have:

• 11 hours break in any 24 hour period

• No lessthan 24 hours rest (otherthan sleep) over a sevenday period

Therefore, managers and employees should work together regarding the monitoring of Workforce Solutions workers who hold other jobs to ensure that the Bank Worker takes the breaks required between their substantive role (whether with Provide or outside) and their Bank shifts.

6.1.3

Rest periods

Bank Workers will be entitled to the same rest periods and breaks to which an employee 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.

7. Rates of Pay

Workforce Solutions have agreed rates of pay. The basic rate of pay for the role a Bank Worker is engaged to work in will be stated within the statement of particulars of employment, which is sent to all Workforce Solutions workers as soon as they are cleared to work.

Bank Workers undertaking shifts during unsocial hours or Bank Holidays are also entitled to receive enhancements.

Twice during the year, the clocks change, if you are working a night shift when this occurs, therefore losing or gaining an hour, the shift will be paid at the regular shift length.

8. Pension Scheme

Bank Workers have the right to join a Workplace Pension Scheme.

The pension scheme that is offered will be dependent on personal and contractual eligibility.

Should the Bank Worker decline the offer to join a workplace pension they will continue to be assessed under the government’s auto-enrolment rules and will be automatically enrolled in the appropriate pension scheme if they qualify.

A Bank Member may opt out of the pension scheme should they wish and would need to obtain the applicable forms from the Workforce Solutions Team or the People Services Team

9. Monitoring of Bank Spend

All shifts booked will be reported through the roster system.

Information in respect of Bank spend is reported through the Finance and Risk Committee.

10. Training

Prior to commencement of a shift all Non-Substantive Bank Workers will be requested to complete the Corporate Induction which includes Mandatory Training. Non- Substantive Bank Workers will also undertake a local induction with a Manager on their first shift where they are working in a department with which they have not worked.

Substantive employees who work through Workforce Solutions will not be required to repeat Mandatory Training where they have already completed this

and it is up to date. Bank Workers will undergo a local induction on their first shift (see Appendix 1) where they are working in a department with which they have not worked in for the past year.

11. Reporting Fraud and Bribery

Definitions:

Fraud is where any person who dishonestly makes a false representation to make a gain for himself or another or dishonestly fails to disclose to another person, information which he is under a legal duty to disclose, or commits fraud by abuse of position, including any offence as defined in the Fraud Act 2006.

Bribery is the giving or receiving a financial or other advantage in connection with the ‘improper performance’ of trust or a function that is expected to be performed impartially or in good faith. Where the Provide Group is engaged in commercial activity it could be considered guilty of a corporate bribery offence if an employee, agent, subsidiary or any other person acting on its behalf bribes another person intending to obtain or retain business or an advantage in the conduct of business for the Provide Group and it cannot demonstrate that it has adequate procedures in place to prevent such. The adequate procedures that the Provide Group is required to have in place to prevent bribery being committed on their behalf are performed by six principles –proportionate procedures, top-level commitment, risk assessment, communication (including training), monitoring and review. The Provide Group does not tolerate any bribery on its behalf, even if this might result in a loss of business for it. Criminal liability must be always prevented

Counter Fraud:

If any member of staff has good reason to suspect a colleague, patient or other person of fraud, bribery and / or corruption, involving the Provide Group, they should report their genuine concerns to the LCFS or Executive Finance Director immediately. The LCFS will then decide on the next course of action and advise the member of staff accordingly. All calls are dealt with in the strictest of confidence and callers may remain anonymous.

Suspicions of fraud, bribery or corruption should be reported to the Local Counter Fraud Specialists on telephone 0845 300 3333, Provide’s Chief Executive Officer or NHS Counter Fraud Authority (NHSCFA) via an online reporting form: https://cfa.nhs.uk/reportfraud: or NHSCFA Freephone: 0800 028 4060. Further details including email addresses for those responsible can be found on Provide’s Intranet.

Individuals suspected of committing an offence of fraud, bribery or corruption may be subject to criminal and/or disciplinary investigation, which could result in criminal and/or disciplinary action being taken, including prosecution and/or dismissal. For more information, please refer to the Local Anti-Fraud, Bribery and Corruption Policy or to Provide’s Counter Fraud intranet pages.

12. Breaches of Policy

Breaches of this policy may result in Disciplinary action.

13. Monitoring and Review of Policy

This document will be kept under general review and will be reviewed following legislation change or learning relating to best practice

Any new statutory provisions affecting this document will automatically take precedence. The policy will be monitored to:

• Measure its effectiveness;

• Comply with legal obligations;

• Highlight practical issues and seek solutions.

Appendix 1: Local Induction Checklist

LOCAL INDUCTION CHECKLIST For Workforce Solutions, Bank Workers

Worker Name:

Department/ Business Unit:

Date of First Shift in Dept:

Dates of Planned Placement (if more than 1 shift agreed):

Line Manager/Supervisor Facilitating Induction:

Welcome to Provide

The following checklist has been designed to ensure that all essential aspects of local induction for temporary staff are covered in a timely and effective manner. The local induction process must be completed at the beginning of the first shift/day in the post for all temporarystaff The listsrepresent examples of topics to becovered, they are not exhaustive and should be personalised according to the requirements of the department. As each item is discussed, and once you feel the information has been adequatelycovered, it must be initialed and dated by the supervisor andmember of staff. If any topic is not relevant to the post, please mark `NR’. Managers keep a copy of this checklist locally for their own records in their own department.

All Temporary Staff

The following must be completed and authorised by the Line Manager / Supervisor working within the department ASAP ON THE FIRST DAY / SHIFT. Issues relating to completion of the local induction or this form within this timescale should be raised with the Workforce Solutions Team. TOPICS

On First Shift/Day: Confirm Photo ID with staff member TOPICS

General Introduction to Department

Fire Safety procedures and assembly points:

Fire exits and assembly points

Location of alarms and equipment

Evacuation procedures

Emergency telephone numbers

Fire Marshall Information

Uniform and Dress Code Policy:

Moving & Handling Procedures:

Equipment

Procedures/Policy

Moving and Handling policy

Risk assessment

Incident Reporting Procedures

Information Governance Procedures

Resuscitation Procedures

Location of Equipment

Procedures/Policy

Resus Trolley location and use.

Emergency telephone numbers

Medicines Safety Procedures (if relevant)

Equipment

Identify any key equipment inc Medical Devises Used in Department

Confirm understanding use and cleaning schedules.

Local policies and targets

Confirm all local policies and targets

e.g. CQUIN

Please detail any risk assessments completed.

Please detail any additional topics covered

Declaration of Completion

We confirm that this local induction programme for.

(name) was completed on

(date local Induction completed)

Worker Signature………………………………………………Date

Manager’s Signature

Manager must retain copy for records within department.

EQUALITY IMPACT ASSESSMENTS: Framework and outline briefing notes

Attached is a framework, customised to Provide, and some short advisory notes on an approach on carrying out Equality Impact Assessments (EIAs) at Provide

Briefings are being arranged to explore undertaking such assessments in practice, using ‘live’ and relevant case studies.

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Workforce Solutions Staffing Bank Policy

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

To provide information to assist with the effective recruitment, selection and appointment process for those staff joining Workforce Solutions. To give clear guidelines on how cover must be requested by Managers, how Bank Workers can request shifts to work, and resulting payment arrangements. It also provides information about how registration with Workforce Solutions is maintained.

Project/Policy Manager: Director, People Partnering

Date: October 2024

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.

Q 1. 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.

There is likely to be a positive impact as working Bank shifts will often suit people with a long term health condition or disability as it enables them to work flexibly and to manage their health and work round medical appointments. For some it is a way of returning to work to help regain skills and confidence after a long period of sickness.

Q 2. Is there likely to be an adverse impact on one or more minority/underrepresented 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

Q 3. 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.

Positive

The policy lays down a consistent approach to use in the engagement of temporary workers and details processes for monitoring.

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