TEMPORARY WORKERS ENGAGEMENT POLICY

Version / 5
Name of responsible (ratifying) committee / HR Policy Group
Date ratified / 06 July 2017
Document Manager (job title) / Head of Employee Resourcing
Date issued / 22 August 2017
Review date / 21 August 2019
Electronic location / Management/Human Resources Policies
Related Procedural Documents / Policy and Protocol on Pre Employment Checks, Recruitment and Selection Policy, Recruitment and Selection of Consultant Medical Staff Policy, Trust Protocol and Procedure for Statutory Registration of Professional Staff, Trust Policy and Protocol for Annual Leave and Planned Absences, Trust Management of Attendance Policy, Trust Policy and Protocol for Induction, Trust Policy and Protocol for Flexible Working
Key Words (to aid with searching) / Agency; Bank; Crown Commercial Service; Temporary Staff; worker

Version Tracking

Version / Date Ratified / Brief Summary of Changes / Author
5 / 06.07.17 / Update to reflect changes to temporary staffing booking arrangement, introduction of new criteria form and second tier authorisation for all staff groups / Head of Employee Resourcing
4 / 19.05.16 / Update and review and update of booking arrangements with agencies not on a national framework.
Updated re IR35 intermediaries legislation / Head of Employee Resourcing

CONTENTS

QUICK REFERENCE GUIDE

1.INTRODUCTION

2.PURPOSE

3.SCOPE

4.DEFINITIONS

5.DUTIES AND RESPONSIBILITIES

6.PROCESS

7.TRAINING REQUIREMENTS

8.REFERENCES AND ASSOCIATED DOCUMENTATION

9.EQUALITY IMPACT STATEMENT

10.MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS

Appendix 1 – Out of Hours process

Appendix 2: Locum Doctors

EQUALITY IMPACT SCREENING TOOL

QUICK REFERENCE GUIDE

This policy must be followed in full when developing or reviewing and amending Trust procedural documents.

For quick reference the guide below is a summary of actions required. This does not negate the need for the document author and others involved in the process to be aware of and follow the detail of this policy.

  1. The Trust acknowledges that from time to time, services may experience staffing difficulties and in order to maintain service provision, may need to secure temporary staffing arrangements.

2.This policy applies to all temporary, agency, bank and locum workers engaged by the Trust.

3.All bookings for temporary staff must be made via the NHS Professional Online platform.

4.All recruitment of bank locums must be in line with the Trust’s Recruitment and Selection Policies and the Pre Employment and Ongoing Employment Checks Policy.

5.Bookings with agencies not on a national framework are not permitted.

6.Staff who leave the Trust may not return to work at the Trust via any commercial arrangement for a period of two years.

7.Flow chart summarising process to be followed:

Authorisation Process for Workforce Expenditure Controls

1.INTRODUCTION

1.1The purpose of this policy is to ensure that the Trust provides clear, consistent information and procedures for the engagement and use of temporary, agency and consultancy staff.

2.PURPOSE

2.1The Trust acknowledges that from time to time, services may experiencestaffing difficulties and in order to maintain service provision and ensure the safety of patients and staff, may need tosecure temporary staffing arrangements.

2.2Due consideration should be givento viable alternative options before temporary staff are engaged.

2.3The policy is intended to:

  • Minimise agency and temporary costs ensuring value for money
  • Improve monitoring systems
  • Ensure that the health, safety and welfare of service users is notcompromised by ensuring appropriate pre-engagement safeguarding checks (such as DBS, ID checks)
  • Ensure that the Trust is compliant with current employment law.

3.SCOPE

3.1This policy applies to all temporary, agency and locum/bank workers engaged by the Trust.

3.2This policy should be read in conjunction with theTemporary Staffing Booking process, Recruitment and Selection Policy, the Recruitment and Selection of Consultant Medical Staff Policy and the Policy and Protocol on Pre-Employment and Employment Checks.

3.3This policy does not apply to self employed contractors or companies. Where a Clinical Service Centre/Corporate Function wishes to engage the services of a self employed individual or a company they must refer to the appropriate procurement process to ensure compliance with the Trust’s Standing Financial Instructions and IR35 intermediaries legislation. Please contact Procurement for further information: telephone 01489 779600.

3.4In the event of an epidemic infection outbreak, flu pandemic or major incident, the Trust recognises that it may not be possible to adhere to all aspects of this document. In such circumstances, staff should take advice from their manager and all possible action must be taken to maintain ongoing patient and staff safety.

4.DEFINITIONS

Agency staff – temporary or interim staff provided through an external organisation for an agreed rate, where the contract of employment lies with the providing company rather than the end user.

Locum/Bank staff – staff registered to provide work on an ad hoc basis, with no obligation for regular work. Administered by the Trust, these staff are workers and not employees.

Disclosure and Barring Service (DBS) - The DBS was established under the Protection of Freedoms Act 2013 and merges the functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority(ISA).

Health Trust Europe (H.T.E) – H.T.E are a national framework provider who have temporary staffing frameworks approved by NHS Improvement.

Collaborative Procurement Partnership (CPP) – CPP is the south region of the London Procurement Partnership. They are a national framework provider who have temporary staffing frameworks approved by NHS Improvement.

Crown Commercial Service (formally Government Procurement Service) – CCS.CCS is an executive agency of the Cabinet Office. Their overall priority is to provide procurement savings for the UK public sector as a whole and specifically to deliver centralised procurement for central government departments. CCS are a national framework provider who have some temporary staffing frameworks approved by NHS Improvements.

Self Employed Consultants - these are individuals or a company who are brought in to deliver a particular piece of work or project. They are contracted to provide services on an agreed daily rate which is payable on the presentation of an invoice. They are neither workers nor employees.

OGC - Office of Government Commerce (OGC)

Substantive – staff employed by the organisation on an ongoing contract of employment, usually referred to as permanent staff.

IR35 Intermediaries legislation - covers those people who supply their services to clients via their own company, often known as a 'personal service company', or a limited liability partnership.

5.DUTIES AND RESPONSIBILITIES

5.1Appointing Manager

  • Ensure plans are in place to reduce the need for temporary staff i.e. workforce plans, robust annual leave and absence management systems in place (See Trust Policy and Protocol for Annual Leave and Planned Absences and Trust Management of Attendance Policy)
  • Ensure any temporary workers receive a local induction (see Trust Policy and Protocol for Induction).
  • Monitor the performance of temporary workers and deal with concerns appropriately.
  • Ensure appropriate approvals have been gained prior to making a booking i.e. CSC management team/General Manager/Executive Director.
  • Make all bookings via the NHS Professionals on line platform.
  • Verify and authorise electronic timesheets.
  • Ensure leaving process is appropriately managed, ensuring equipment and ID are returned, exit reports completed (if appropriate) and ICT accesses are revoked.
  • Ensure temporary staffing usage is reported within weekly exception report documents where required.
  • Must not agree and sign any terms of contract with agencies or individual workers

Must involve Procurement before engaging any agency or individual worker not on the NHS Professional platform. Any such engagement must comply with the Trust’s Standing Financial Instructions and IR35 intermediaries legislation. Please contact Procurement for further information: , telephone 01489 779600.

5.2NHS Professionals

  • Ensure all requests are dealt with in line with this policy.
  • Ensure all workers have the necessary checks undertaken to ensure compliance with the Policy and Protocol on Pre-Employment and Employment Checks.
  • Liaise with the agency when the performance of a worker is unsatisfactory or concerns have been raised via the feedback form on the NHS Professionals on line platform.

5.3Worker

  • Adhere to the Trust Policy and Procedures.
  • Use the NHSP online platform to identify suitable shifts.
  • Book themselves onto available shifts via the NHSP online system.
  • Release electronic time sheets within appropriate timescales
  • Will not be permitted to work at the Trust if they have left the Trusts employment in the previous two years.

5.4Executive Director

  • Provide approval for all requests for temporary staff.
  • Provide approval to use specialist agencies for Consultancy or specialist roles.
  • Provide approval to use Agencies not on the Trust preferred agencies list.
  • Provide approval for all rates when submitted by agencies.

6.PROCESS

6.1Temporary staff should only be engaged as a last resort after considering other staffing alternatives. Temporary staff should never be used as an ongoing staffing solution. Service developments should be appropriately costed and resourced without relying on temporary staffing to implement.

6.2If a manager is experiencing difficulties in recruiting to permanent positions they should work with HR to seek recruitment advice and/or review the needs of the service.

6.3Temporary staff should not automatically be booked to cover annual leave, short-term sick leave or study leave. This leave should be managed to ensure adequate cover from existing staff. Please refer to the Annual Leave and Planned Absences Policy for further information.

6.4There should be a justifiable service reason for requesting a temporary member ofstaff which includes:

  • When there is a vacant post with funding available and the work cannot be covered from within the existing workforce
  • When the service will be at risk, including patient safety, or targets for delivery are compromised
  • An unexpected increase in the volume of work (i.e. due to a flu crisis or heat-wave)
  • When there are adverse effects on the health and safety of staff.

6.5Prior to deciding whether there is a need to book a temporary member ofstaff, individual managers should:-

  • Review rosters, including considering flexible working options to enable existing staff to cover the shifts and offering additional work to part-time staff (at standard hourly rate)
  • Consider whether the work can be reallocated/delayed
  • Offer additional hours and time off in lieu to full-time staff without compromising working time regulations

6.6Further alternative methods of filling staffing needs could include:

  • Secondment
  • Re-working procedures or processes to save time and staffing needs
  • Utilisation of staff from other areas within the Clinical Service Centre/Trust on a temporary basis
  • Job share or role splitting
  • Short fixed-term contracts.

Refer to the Trust Policy and Protocol for Flexible Working for further information.

6.7When replacement hours are considered essential a number of issues must be addressed prior to engaging the appropriate level of cover:

  • Which band of staff is needed for the cover?
  • If there is a vacant slot, do the hours need to be provided at the same band?
  • Do all of the vacant hours need to be filled?
  • Will the budget cover the costs?
  • Has senior manager approval been sought where the budget will not cover the replacement costs?

6.8All requests for Locum/Bank Staff must be completed on a temporary staff criteria form. These can be found on the Trust intranet Temporary Staffing.

  • Only one form should be used per position to be filled.
  • All cells must be completed.
  • All requests must be approved by an authorised representative from the Clinical Service Centre Management Team.
  • Criteria form should be retained within the CSC/department.

6.9The request should then be input on the NHSP online platform. Once the booking is received the workers and agencies can view these and submit themselves or CV’s for work.

6.10Any unfilled shifts will be cascaded to the identified agencies from the Trust via NHSP online system. This will ensure that these requirements are cascaded to agencies on the Trust Agency Workflow

6.11If the worker cannot be provided at NHS Improvement price cap rates the escalation for approval to work above NHSI capped rate should be completed on the criteria form and sent to the appropriate executive director for approval.

  • The completed form should be forwarded to the appropriate Executive Director detailed on the form for approval.
  • The Medical Director will approve any cover for Deanery training posts or where cover is required to ensure that junior doctor rotas are 48 hour compliant. Further approval does not need to be sought.
  • The completed form should be sent by the manager to the finance inbox.

6.12For out of hours process follow Appendix 1.

6.13Management of Temporary Staff

6.13.1It is essential that the department provide all temporary staff an induction that is appropriate to their role and planned length of engagement. This should include an orientation, information about local policies and procedures and introductions to relevant colleagues. The Trust’s Vision and Values should be highlighted to first time workers.

6.13.2Agency Medical Staff are required to undertake a one hour on-line induction programme prior to commencing work. This is paid for by the Trust upon submission of the completed certificate. Appendix 2 contains the details to access this on-line induction programme.

6.13.3NHSP provide Mandatory Training, annual online training and bi-annual practical training sessions (where applicable) in fire safety, manual handling, infection control, basic life support, child protection, protection of vulnerable adults, data protection and conflict resolution for all NHSP staff. They should also receive a full local induction when they commence work.

6.13.4Local managers are expected to plan what functions are to be undertaken and monitor temporary staff performance while at the Trust.

6.13.5Managers should raise concerns with regard to performance, notifying NHSPvia the online feedback form, where matters cannot be resolved or are of sufficient seriousness to potentially prevent future placement of the worker. Managers have a responsibility and duty of care to ensure that concerns are raised and addressed where appropriate. It is not sufficient just to release an unsatisfactory worker without explanation.

6.13.6Where the Trust has reason to believe that Professional or other Codes of Conduct have been breached, this will be reported to the relevant professional or other body by the line manager, with support and advice from the Operational HR Team as required. Temporary Staffing must be informed.

6.13.7In cases where there is concern that the practitioner may be a danger to patients, the Trust has an obligation to inform such other organisations including the private sector, of any restriction on practice or exclusion and provide a summary of the reasons for it. The line manager must inform NHSPvia the online feedback form who will contact the professional regulatory body and the Medical Director/Nursing Director as appropriate. The Medical Director or Director of Nursing will review the case and write to the Director of Public Health or Medical Director of the Strategic Health Authority to consider the issue of an Alert Letter.

6.13.8Alert Letters ensure that NHS bodies are made aware of staff who pose a risk to patients or other staff because their conduct seriously compromises the effective functions of a team, or local primary care services. They are intended to cover those situations where an NHS employer considers that a member of their health care staff may pose a threat to patients and may be working or seeking work elsewhere in a health or social care setting.

6.13.9Where cases involve issues relating to children or vulnerable adults, an employee must be referred to the Disclosure & Barring Service (DBS) and the process in the Trust Policy for AllegationsAgainst Employees Where Children and Young People are Involved followed. The Operational Human Resources team will provide further information on and assistance with the DBS referral process and access to the appropriate referral forms. It should be noted as well that all completed referrals mustbe signed by the Deputy Director of Human Resources prior to being sent on to the DBS.

6.13.10 The leaving process must be appropriately managed, including ensuring the return of equipment e.g. diaries, mobile phones, ID badge etc and the preparation of closing reports and exit reports on completion of an assignment.

6.13.11 Any employee who leaves the Trust may not return via any commercial arrangement i.e. temporary staffing agency, consultant, for a period of two years.

6.14Temporary Agency Workers

6.14.1The introduction of the Agency Workers Directivein October 2011 allowsequal treatment to apply after a temporary worker has been in a given job from day 1 of a 13 weeks qualifying period. This means they must receive the treatment equal to those of substantive employees, for example equal access to training opportunities and notice of permanent vacancies i.e. via the intranet. The Trust is under no obligation to recruit agency workers to permanent vacancies.

6.14.2If an agency worker applies for a substantive position at the Trust the manager must involve Procurement to avoid any introductory fee from the agency.Please contact Procurement for further information: , telephone 01489 779600.

6.15Options for Engaging Temporary Staff

6.15.1 National Temporary StaffingFrameworks

The Trust has selected preferred agenciesfrom the National Frameworks and these will be the only Agencies from which Managers can obtain temporary staff.