WORKFORCE POLICY ADVERSE WEATHER/DISRUPTION TO NORMAL EMPLOYEE TRAVEL

Transcription

1 NHS Tayside WORKFORCE POLICY ADVERSE WEATHER/DISRUPTION TO NORMAL EMPLOYEE TRAVEL Policy Manager Jennifer Mudie Policy Group Adverse Weather Group Policy Established January 2011 Last Updated February 2012 Policy Review Period/Expiry March 2014 This policy does / does not apply to Medical/Dental Staff UNCONTROLLED WHEN PRINTED

2 Policy Development, Review and Control Policy Version Control Version Number Purpose/Change Author Date 1.0 Version Control was introduced in July 2011 and previous versions of this Policy, prior to this date, are available in the Electronic Document Store. 1.1 Review and Approval by Staff Governance Committee April 2012 Jennifer Mudie January 2011 April

3 Contents Page Numbers 1. Purpose and Scope Page 2 2. Statement of Policy Pages Key Contacts Pages 4-5 2

4 1. Purpose and Scope 1.1 The purpose of this policy is to ensure a fair and consistent approach is adopted when normal daily travelling arrangements of employees are disrupted by events such as adverse weather conditions. 1.2 This policy applies to all employees, clinical and non-clinical, and all operational hours and working patterns across NHS Tayside. This policy does apply to medical and dental staff. 2. Statement of Policy 2.1 The provision of services is dependent on employees to deliver them. Accordingly all employees are expected to make every effort to report for duty on time and remain on duty for their rostered period. 2.2 This policy is intended to apply in circumstances where normal working is disrupted due to adverse weather or similar issues. It is recognised, however, that a policy dealing with such issues cannot be wholly prescriptive, and it is intended therefore to be used as a guideline to managers to enable pragmatic and appropriate solutions reflecting the particular circumstances faced at the time, while equally giving clear direction on the appropriate application of terms and conditions. 2.3 Media Advice During periods of severe weather, media coverage may advise that the police have asked the public to refrain from travelling unnecessarily. It is understood that such advice may refer to poor driving conditions and/or to what are considered to be frivolous journeys, eg shopping trips to town. However the NHS is an essential service, and accordingly in principle NHS Tayside employees are expected to attend work in such situations. However staff should always assess the risks involved in travelling to work before setting off on their journey. If in any doubt, employees should contact their managers to discuss the situation. Flowchart for communication is attached as Appendix 1. For certain key roles in remote areas, arrangements can be made through the NHS Hospital Control Teams liaising with the Police for employees to be collected by appointed drivers with appropriate transport. Arrangements would be put in place to assist the employees to return. These provisions can only be delivered in this way and by employees liaising closely with their line managers. 2.4 Undertaking Alternative Duties In certain circumstances employees may be required to carry out duties not normally associated with their post during periods where there are insufficient numbers of staff available to provide the appropriate level of care to patients. Any decision taken which requires an employee to undertake alternative duties will be taken cognisant of any training requirements and consideration of any potential for risk to themselves and others. 2.5 Working at an Alternative Location within NHS Tayside In certain circumstances, where attendance at the normal place of work is problematic due to travel issues, employees may be able to assist with the provision of services at the nearest appropriate NHS establishment. If this is the case, the employee should contact both their own line manager to agree this course of action, and then the relevant duty manager at their nearest appropriate NHS establishment to establish whether or not they should present themselves to work at this location to provide assistance. 3

5 Where a manager instructs attendance at an alternative location other than that nearest to the individual employee, it is the responsibility of that manager to ensure that appropriate means are available to enable the employee to attend that identified location. 2.6 Working at an Alternative Location within another NHS Board It is recognised that for some members of staff, depending on their home address, the nearest NHS establishment might be within another Board area from the one in which they are employed. If having made every effort to attend their own place of work or an alternative location within their own Board area, it may be appropriate for the member of staff to offer their services at an alternative NHS establishment within another Board area. In these circumstances, the employee must contact their own line manager to agree this course of action. If the line manager is in agreement, the line manager will contact the relevant duty manager at the nearest appropriate NHS establishment to determine whether or not the member of staff should present themselves to work at this location to provide assistance as directed by the duty manager/relevant line manager in the other NHS Board. It is important that employees do not just turn up at these establishments without first making contact with their line manager to determine if assistance is required or indeed appropriate. Other Boards will not accept the offer of assistance without the appropriate protocol being observed. When it is agreed by the appropriate line managers that employees should report to an identified workplace in another Board, the following steps must be followed during standard/normal working hours: The line manager must record that he/she has agreed that the employee reports to an alternative workplace in another Board and inform Workforce Services to expect an employment check from the other NHS Board. Employee must carry his/her NHS identity badge to present to the receiving Board. If the employee does not have an NHS identity badge, he/she is required to produce photographic identification such as a passport or driving licence (not older style paper licence). The employee will be sent away if there is insufficient proof of identity. When it is agreed by a line manager in NHS Tayside to receive assistance from an NHS employee from another Board, the following steps must be followed during standard/normal working hours: The receiving line manager must contact the Workforce Directorate who will in turn make contact with the employing NHS Board to check currency of employment and with the appropriate registration body if necessary. Even with agreement of line manager, an employee from another Board without photographic identification will not be allowed to work within NHS Tayside, even with non patient contact. Within standard/normal working hours it may be possible, following a risk assessment and confirmation between the Workforce Services Section and the Human Resources Directorate in the other NHS Board that there is currency of employment and no restrictions on the employee s practise, that he/she may be allocated tasks that can be supervised and have either minimal or no patient contact in a clinical area where patients have lower dependency/less complex needs. However without these checks and outwith standard/normal working hours the employee from the Board must be sent away. All hours worked by an employee from another Board must be recorded and sent along with a copy of the identification and contact details to the individual s line manager with whom the agreement was reached and a copy sent to the Workforce Services Section. The Workforce Services Section will collate the information across NHS Tayside and notify the appropriate Human Resources Departments in the other NHS Boards. 4

6 Outwith standard/normal working hours, it will not be possible to check the authenticity of an employee s identity badge and therefore the contact details should be kept so that the appropriate checks can be made. After a thorough risk assessment, the employee may be allocated tasks that can be supervised and have either minimal or no patient contact in a clinical area where patients have lower dependency/less complex needs. It is for each Directorate/Community Healthcare Partnership to communicate the names of the appropriate line managers on duty/on call outwith standard/normal working hours for staff to contact in the event that a member of staff is having difficulty attending work because of the adverse weather. 2.7 Employees who are unable to attend work Where two or more of the following apply, there may be a case for accepting that it would be unreasonable to expect an employee to travel to work: Public transport is severely disrupted Schools in the area are closed There is specific advice not to travel Roads on the route to work have been declared impassable There is no requirement/ opportunity to work at an alternative location In such circumstances, discretion will be exercised by the manager to approve absence where the manager is satisfied that an employee has made all reasonable efforts to attend work. This includes consideration of alternatives to attendance at the normal place of work, including working at an alternative location, and working at home. Where this is agreed with the line manager, it will be the responsibility of that manager to monitor the situation including the period of time that arrangement is in place and the workload that is achieved during that period Where the manager is satisfied that an employee has made all reasonable efforts to attend work, the manager may approve a day s absence with pay, paid at basic rate. Such payment may be made for a maximum consecutive period of two (2) normal working days during any period of disruption. A period is defined in line with UK Government guidance related to cold weather, i.e. a time period of seven (7) days Absences beyond two (2) normal working days during any period of disruption will be treated as either: Annual leave, Special leave without pay, or Offset against other time accrued, subject to discussion with the individual employee on preference Where appropriate, managers may look at the application of other leave (e.g. Carer s Leave for those with family or elderly care requirements)subject to the terms of the relevant NHS Tayside policy Where an employee has failed to report for duty and, following an investigation of the circumstances, the manager considers the reasons to be unacceptable, then a period of unpaid leave will apply for the duration of the employee s absence, and confirmed to the individual in writing by the manager. 2.8 Where additional hours are worked 5

7 In circumstances where, due to disruption of normal transport, an employee: Reports for duty early and commences work, Works beyond normal working hours, and/or Undertakes additional shifts, then remuneration will be made at the appropriate rate in line with the overtime and other terms of Agenda for Change, or other appropriate provisions under the terms and conditions pertaining to the specific employee group. 2.9 Where employees arrive late for normal hours of work/shift Where an employee arrives late for duty due to disruption to normal travel arrangements, the normal payment of salary or wages for the shift will be made in full, subject to the manager being satisfied that all reasonable efforts to get to work on time were made Where employees are released early Managers are required to take a wider perspective with regard to employees travelling home from work, and should, on an on-going basis, make appropriate judgements in light of weather and transport conditions, balancing the safety of the employee and the need to maintain essential healthcare services Any decision to release staff early from duty from NHS Tayside premises will be taken by the most senior officer on site, such a decision being informed through discussion with local ward/functional managers Where an employee is instructed by their manager to cease duty, the normal payment of salary or wages for the shift will be made in full Where the manager receives a request from the employee for an early departure from duty, the normal payment of salary or wages for the shift may be made in full, subject to the manager being satisfied that all reasonable steps to remain at work have been explored Where employees remain on the premises If an employee remains on the premises in order to provide a service or to ensure availability the following morning, accommodation will be provided to allow the employee a rest period Rights of Appeal If the employee is aggrieved by a decision taken under the terms of this policy, they will have the right to raise this issue under the terms of the NHS Tayside Grievance policy. 3. KEY CONTACTS 3.1 Chief Executive and Executive Directors The NHS Tayside Chief Executive and Directors have ultimate responsibility to reduce risks to the organisation, which affect the quality and safe delivery of services. In order to do so they are committed through partnership working to promoting and creating a healthy working environment. They will however, discharge this responsibility on a day-to-day basis by delegating responsibilities appropriately to other managers and staff. 3.2 Managers and Supervisors During periods of adverse weather, Managers and Supervisors will have day-to-day responsibility for ensuring the effective implementation of all aspects of this policy, including arrangements for 6

8 Risk assessment, to both the employee s health and the delivery of safe services. Reporting and recording absence Agreeing temporary changes in work location and duties Agreeing cross boundary placements on a temporary basis Return to work discussions regarding the absence and which policy if any should be applied. 3.3 Employee Responsibility All employees of NHS Tayside have a duty to work the hours as stated in their Contract of Employment. During periods of adverse weather, employees are required to make a genuine attempt to reach their workplace or with the agreement of their line manager or the duty manager to attend an appropriate alternative NHS location. 3.4 Senior Management Team It will be the responsibility of the Senior Management Team to manage and monitor the safe delivery of services and highlight any areas for concern. 3.5 Workforce Directorate The Workforce Directorate will provide appropriate support, advice and guidance to managers and staff on the application of the policy. It will liaise with Human Resource Directorates in other NHS Boards and Registration Bodies in relation to issues of currency of employment and registration and practise issues regarding cross boundary cover. 7

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10 NHS TAYSIDE - POLICY/STRATEGY APPROVAL CHECKLIST This checklist must be completed and forwarded with policy to the appropriate forum/committee for approval. POLICY/STRATEGY AREA: (See Intranet Framework) Workforce Directorate POLICY/STRATEGY TITLE: Adverse Weather/Disruption to normal employee travel LEAD OFFICER: Jennifer Mudie Why has this policy/strategy been developed? Has the policy/strategy been developed in accordance with or related to legislation? Please give details of applicable legislation. Has a risk control plan been developed? Who is the owner of the risk? Who has been involved/consulted in the development of the policy/strategy? Has the policy/strategy been assessed for Equality and Diversity in relation to:- Race/Ethnicity Gender Age Religion/Faith Disability Sexual Orientation Please indicate /No for the following: To provide a framework for approving time off or payment to those encountering severe travel difficulties during periods of adverse weather Normal employment law Chief Executive/General Managers Area Partnership Forum and other Senior Managers. Has the policy/strategy been assessed For Equality and Diversity not to disadvantage the following groups:- Please indicate /No for the following: Minority Ethnic Communities (includes Gypsy/Travellers, Refugees & Asylum Seekers) Women and Men Religious & Faith Groups Disabled People Children and Young People Lesbian, Gay, Bisexual & Transgender Community Does the policy/strategy contain evidence of the Equality & Diversity Impact Assessment Process? Is there an implementation plan? Which officers are responsible for implementation? When will the policy/strategy take effect? Who must comply with the policy/strategy? How will they be informed of their responsibilities? Is any training required? If yes, has any been arranged? Are there any cost implications? If yes, please detail costs and note source of funding Who is responsible for auditing the implementation of the policy/strategy? What is the audit interval? Who will receive the audit reports? When will the policy/strategy be reviewed and by whom? (please give designation) All Managers Immediately All staff and volunteers Staffnet, Briefings Awareness in relation to Policy and implementation plan. See implementation plan In house awareness Absorbed through budgets AFP 1 year Staff Governance 1 year by Adverse Weather Group Name: J Mudie Date: February

11 EQUALITY AND DIVERSITY RAPID IMPACT ASSESSMENT Name of Function/Policy/Strategy Adverse Weather/Disruption to Normal Employee Travel. Workstream Clinical including medical staff/non clinical/volunteers. Location of Function/Policy/Strategy Workforce Policy. What are the main aims of your function/policy/strategy To ensure a fair and consistent approach is adopted when normal daily travelling arrangements of employees are disrupted by events such as adverse weather. Is this a new/existing policy/function/strategy? New policy. What are the intended outcomes from the proposed function/policy/strategy? A fair and consistent approach but addressing the local circumstances across Tayside. Priority: state whether high/low High. Review Team: who is assessing or considering the assessment? Alison Johnston, Judith Golden, Lesley McCallum and Jennifer Mudie Names and titles of team members Vanessa Shand, Midwifery Team Leader/Vice Chair Partnership Forum John Boland, Unite Representative Judith Golden, Co-Chair APF/Employee Director Lesley McCallum, Unite Representative George Doherty, Associate Director for Workforce (Operations) Jennifer Mudie, Head for Workforce (Operations) Role of assessment team To draft policy and impact assessment. When completed please attach to the policy prior to endorsement/approval at the relevant committee. 10

12 Item No Considerations Detail Impact and Identify Groups Affected 1. Which groups of the population All NHS Tayside staff and will be affected by the volunteers function/policy? Document the Evidence/Research Xpert HR research previous guidelines Actions Taken/To be Taken Communication to all staff. 1.1 Will it impact on the whole population? All NHS Tayside staff and volunteers Xpert HR research previous guidelines Communication to all staff. 1.2 If not which groups of the population do you think will be affected by this function/policy? Minority ethnic population (including refugees, asylum seekers & gypsies/travellers) Women and men People in religious/faith groups Disabled people Older people, children and young people Lesbian, gay, bisexual and transgender people People with mental health problems Homeless people People involved in criminal justice system staff Staff 11

13 Item No Considerations Detail Impact and Identify Groups Affected 2. What impact will the function/policy have on lifestyles? For example will the changes affect: Diet & nutrition No Exercise & physical activity No Substance use: tobacco, alcohol or drugs No Risk taking behaviours No Education & learning or skills No Other No Document the Evidence/Research Actions Taken/To be Taken 12

14 Item No Considerations Detail Impact and Identify Groups Affected 3. Does your function/policy consider the impact on the social environment? Things that might be affected include: Positive impact on social status, Social status employment, stress, income. Employment (paid/unpaid) Social/family support Affects all staff. Stress Income Document the Evidence/Research Other related policies. Actions Taken/To be Taken Grievances to be heard when concerns are raised. 13

15 Item No Considerations Detail Impact and Identify Groups Affected 4. Will the proposal have any impact on: No, equally applies to all groups Discrimination refer to paragraph 2.1/2.2. Equality of opportunity Relations between groups Other Document the Evidence/Research Paragraph 2.1/2.2 of the policy. Actions Taken/To be Taken A central grievance will monitor the outcomes of grievances. 5. Will the function/policy have an impact on the physical environment? For example will there be impacts on: Living conditions Working conditions Pollution or climate change Accidental injuries/public safety Transmission of infectious diseases Other Positive impact on working conditions and public safety. Paragraph 2 of policy. Options available in paragraph 2 to support pragmatic solutions. 14

16 Item No Considerations Detail Impact and Identify Groups Affected 6. Will the function/policy affect access to and experience of Supports staff to attend work, as a services? shortage of staff attending work For example may have a negative impact on Healthcare access to healthcare services for Social services patients. Education Transport Housing Document the Evidence/Research 18 Week RTT programme was affected. Vital Signs. Actions Taken/To be Taken 7. Consultation 1) What existing consultation data do we have or need? Existing consultation sources Original consultations Key learning 2) What new consultation, if any, do you need to undertake? Workforce and Staff Side Representatives, communication team data. None. Policy was developed in partnership. 15

17 Item No Considerations Detail Impact and Identify Groups Affected 8. In relation to the groups identified What are the potential Positive impact paragraph impacts on health? refers. Will the function/policy impact on access to health Positive impact because it will care? If yes - in what way? encourage staff to attend alternative Will the function/policy workplace where possible. impact on the experience of health care? If yes in what way? Document the Evidence/Research Paragraph Actions Taken/To be Taken Implementation of guidelines when appropriate. 16

18 Item No Considerations Detail Impact and Identify Groups Affected 9. Have any potential negative impacts been identified? If so, what action has been Because of shortage of staff access proposed to counteract the to healthcare may be affected. negative impacts? (if yes Overtime may be necessary. state how) For example: Risks associated with general skills Is there any unlawful in specialist areas. discrimination? Could any community get an adverse outcome? Could any group be excluded from the benefits of the function/policy? (consider groups outlined in item 3) Does it reinforce negative stereotypes? (For example, are any of the groups identified at item 3 being disadvantaged due to perception rather than factual information?) Document the Evidence/Research Experience from similar/previous situations. Risks associated with working in unfamiliar settings. Actions Taken/To be Taken Ensure appropriate rest breaks are given. Local orientation required. 17

19 Item No Considerations Detail Impact and Identify Groups Affected 10. Data & Research Is there need to gather, all staff. further evidence/data? Are there any apparent gaps in knowledge/skills? 11. Monitoring How will the outcomes be monitored? Who will monitor? What criteria will you use to measure progress towards the outcomes? 12. Recommendations (This should include any actions required to address negative impacts identified) Document the Evidence/Research Actions Taken/To be Taken Grievance panel to identify trends ensure all managers are aware of gender-based and disability issues. Through central grievance panel. Reduction in the number of substantiated grievances. Overtime monitoring. Accommodation for overtime stays. 18

20 Item No Considerations Detail Impact and Identify Groups Affected 13. Is a more detailed assessment needed? No. If so, for what reason? Document the Evidence/Research Actions Taken/To be Taken 14. Completed function/policy Who will sign this off? When? APF Staff Governance. 15. Publication Staffnet and general circulation. Team briefing.

21 Positive Impacts (Note the groups affected) Rapid Impact Summary Sheet Negative Impacts (Note the groups affected) All staff and volunteers consideration for personal circumstances. Risk to healthcare if appropriate numbers of staff can not attend work. Additional Information and Evidence Required Any additional information available from Scottish Government. Monitor implementation through central grievance panel. Recommendations From the outcome of the RIC, have negative impacts been identified for race or other equality groups? Has a full EQIA process been recommended? If not, why not? Not applicable. Managers Signature: Date: February 2012 Jennifer Mudie