Black Country Pathology Service

Transcription

1 Black Country Pathology Service Staff briefing session and FAQs March 2018 Sandwell and West Birmingham Hospitals NHS Trust The Dudley Group NHS Foundation Trust The Royal Wolverhampton NHS Trust Walsall Healthcare NHS Trust TUPE and consultation information 1. What is the TUPE timeline? A See the briefing from the February Oversight Group (also included below). TUPE consultation will start in April 2018, which will include a detailed TUPE consultation timeline. The proposed staff transfer date is 1 st October When is the TUPE process going to start? A As per the TUPE briefing, it is planned that TUPE consultation will be launched during April There will be joint consultation events at each partner Trust to inform colleagues of the TUPE process. People affected will also have the opportunity to have individual meetings. There will be a minimum 90-day consultation period. 3. What does the TUPE transfer mean and will it affect consultant staff? A TUPE transfer means that the staff allocated to services described in the business case and commercial terms of the partnership, will have their employment contracts transferred to RWT, the host for the Black Country Pathology Service. All the staff that are substantially engaged in providing pathology services will transfer over and come under the remit of the Black Country Pathology Service. The TUPE consultation process will give individuals the opportunity to express views if they feel that TUPE may or may not apply to them. 4. Will TUPE be before organisational change happens? A TUPE consultation is separate to management of change consultation processes. TUPE, by law, means that an employee transfers on existing terms and conditions. Any proposed management of change processes to take place post-tupe, will be set out as measures during the TUPE consultation process. Staff will have opportunities to discuss their individual circumstances during the consultation processes. 5. How long is the TUPE process? A TUPE consultation will be for a period of at least 90 days. 6. Who will the employer be? A RWT will hold the contracts and therefore be the employer. Cytology is a good example of how a partnership arrangement currently works; there is a Black Country Cytology Service, but employment is with RWT. The staff that transferred from other organisations had a positive experience, and the new service is delivering its objectives. 1

2 7. Will we have to sign a new contract under BCP? A No, staff will transfer on their existing terms and conditions, and contract of employment, but these will be held by RWT. Any proposed changes to these will take place post- TUPE. Staff will get a letter to confirm the new employer. 8. Why will we be put on new contracts before change is implemented? A No new contracts of employment will be issued prior to TUPE. Under TUPE regulations, transfers have to take place with existing terms and conditions. No management of change process can be implemented until TUPE is complete. 9. Why is the consultation period starting so soon (possibly April) when staff will not be moving for at least two years? A Staff-side has been involved in early discussions and will remain engaged throughout the process. It is agreed that the TUPE process should start early to reduce uncertainty, and to enable the ongoing planning of the service and transformation. It is with the intention that once the TUPE process has completed, for the vast majority of staff, working relationships/environments and locations will continue as they do now until phase four when the physical transfer of staff will take place. The only significant difference is that staff will be employed by RWT as the agreed host organisation. 10. Why change things ahead of TUPE? A There are no changes ahead of TUPE. Any management of change processes and physical transfers of staff will take place post-tupe. 11. How are you going to do the transfer, with different terms and conditions? A We will carry out the TUPE process first as it is really important that staff can input into building services and the implementation phase. Any proposed management of change processes, or harmonisation of policies, terms and conditions etc. (as set out in the measures) will take place post-tupe. Staff will transfer over on their existing terms and conditions. 12. Should changes to our T&C s be in place before TUPE? A Most terms and conditions are the same as they are nationally agreed. TUPE law dictates that staff transfer over on their existing terms and conditions of employment. Any proposed changes cannot take place until after TUPE. 13. Will new job descriptions be complete at TUPE? A There is work underway in developing draft job descriptions for the BCP target operating model, these will be completed in consultation with all partnership trusts. It is likely that this work will be finalised post-tupe. 14. If all staff are TUPE d over to Royal Wolverhampton, what happens if there is no job for all staff? Will they transfer back to their original trust? A For areas that are over resourced, management of change processes will follow, commencing with the management team in the first instance. Trusts are committed to retaining staff and achieving reduction through natural wastage or re-deployment in the first instance. All trusts commit to seeking redeployment opportunities for any staff that might be displaced as a result of a management of change process. 15. Will there be harmonisation of medical staff terms and conditions? A TUPE means that all staff will transfer on existing terms and conditions. Any plans for harmonisation will be undertaken post-tupe. 2

3 16. Which trust is responsible for re-deploying us if we don t secure a job? And what if there are not enough jobs to re-deploy us into? A All trusts are committed to seeking redeployment opportunities for staff who may become displaced. The redeployment process will be designed involving staff side in such a way as to find alternative employment for displaced employees as speedily as possible, to minimize the level of uncertainty and anxiety experienced. BCP expects any reductions to the funded establishment be achieved via redeployment or natural wastage. In the unlikely event that we cannot identify suitable alternative employment for a displaced employee within the Black Country Pathology network of Trust or within the wider NHS, compulsory redundancy would be considered as a last resort. 17. Once TUPE happens, if someone leaves, which vacancy approval process applies? A The RWT vacancy approval process will apply in conjunction with the BCP management to ensure that it is managed in a timely manner. Budgets will transfer so shouldn t affect the ability to replace at this point. Union representation 18. When should unions become involved? A Staff-side has already been involved in early discussions and will remain engaged throughout the process. 19. How will I be represented throughout this process? A Staff-side has already been involved in preparatory discussions. It is up to individuals to seek independent representation via associated trade unions. 20. How do we go about joining the union? A This requires the member of staff to sign up to a union of their choice. 21. Can we have a union representative in each department? A We are committed to continue to engage with staff side throughout the transformation process. Individuals are encouraged to access, and shape, the union support that they require. Timescales 22. What is the timescale? A The IT procurement is underway now and the required building works are scheduled for completion by mid The integration of services will then be done in a phased approach beginning with Walsall, then Dudley, then SWBH. 23. What are the timescales for the physical moves of staff? A The only dates agreed is that the final go-live will be by March The phasing of the moves has not been finalised. Initially the timescale was being driven by the opening of Midland Met, and the requirement of a solution for SWBH to be in place for this. 24. Will staff from trusts that merge first have an advantage over others? A The implementation will be phased, but the overall planning and any workforce management of change processes will carried out equally with all staff that are affected. No trust, or staff group, will have any advantage or disadvantage. 3

4 25. If people leave and sites become destabilised, will there be plans to move services earlier? A There will be the option of looking at moving small volume activity earlier if this is deemed beneficial or necessary. This will be worked up on an individual discipline basis. Partnership working 26. What will the SWB relationship be with BCP? A SWBH Board have supported being part of the Black Country Pathology Service. 27. What happens if SWBH don t join the partnership? A SWBH Board have supported being part of the Black Country Pathology Service for general pathology services and are considering the options for their specialist pathology services. 28. If the merger fails this will cause disruption to the service. Have lessons been learnt from other mergers? A Teams from the disciplines have been to South West London to learn how they have successfully developed their service. We also have support from the national NHS Improvement team. Whilst on a smaller scale, RWT has recently led on a Black Country partnership for cytology services which has been a great success, with staff sharing their positive experiences. 29. What will happen if this merger fails? A The business case has commercial terms which describes what will happen if a trust decided to withdraw from the partnership. 30. What happens if this fails due to finances? A The business case has been assessed by the finance directors and agreed by Boards. 31. What is the contingency plan? A We will work with NHSI to develop network contingency support. 32. Who will be overseeing this process? A There is an Oversight Group of which the chief executive and medical directors of each trust are members. 33. How will we ensure that all four trusts are represented? A As above. There is also the Shadow Management Team, which has two representatives from each trust. 34. Has there been any strategy for innovation included in the full business case? A The project to merge four services into one is very innovative and the BCPS change is seen as an exemplar example nationally. The new service will be delivered from state of the art buildings using the latest technology and IT systems. The Oversight board would give the laboratory service the opportunity for accelerated development of new tests and services. The new business unit would seek to expand and develop the service further. Opportunities for additional acquisitions are already in progress. 4

5 Banding and pay 35. If there are eight band 7s and only seven posts, what will happen? A Any management of change processes will take place post-tupe. There will be a fair and transparent process identified for undertaking the change developed in conjunction with staff side, which will be shared with affected individuals during the consultation period. 36. Are band 2 posts included? A Yes, band 2 posts are included in the business case. 37. Will pay bands be harmonised? A Harmonisation of job descriptions and pay banding will not take place until after TUPE. 38. Banding is not consistent across all four trusts how will this work? Will staff be down-banded? A Some disparity in banding has been identified across the trusts which will need to be resolved. Generic job descriptions will be created for BCP and all staff will be matched to the most relevant job description; this is likely to be a phased process. Should the matching process result in any staff being down-banded, then pay protection will apply, which will transfer with staff from their previous Trust. 39. Will pension and pay be protected and if so for how long? A Staff who TUPE will do so maintaining the terms and conditions of their transferring trust. Harmonisation of terms and conditions and policies will only take place following completion of the TUPE process. If you are in the NHS pension scheme at the time of transfer, you will remain so, and this will not be affected. Pay protection would only apply to individuals that are detrimentally affected by a management of change or job banding process. Pay protection will be paid in line with existing policies at each partner trust. 40. Pay protection is not consistent across all four trusts how will this be rectified? A Staff will transfer with the terms and conditions from their transferring trust, this includes the existing pay protection policy. 41. When will pay protection start? A For any staff that might be detrimentally affected by management of change or job matching processes, pay protection will be paid from the date of commencement into a new role, details will be discussed as part of the consultation processes. Redundancies / MARs / retirements 42. Will there be any Early Retirement/MARs schemes? A This is not being considered. 43. Will there be redundancies? A Whilst the proposed workforce models currently demonstrate a reduction of 11% in staffing numbers, our aim is to maintain security of employment as far as possible. Given the duration of the project and taking account of natural wastage, there is a commitment from all trusts that this level of reduction should be achievable through other means and avoid redundancies. 5

6 44. How many staff will be made redundant? A The Oversight Group have committed to making sure this is as low as possible. Any staff not slotting into the new structure will be offered redeployment opportunities. In the unlikely event that a suitable alternative role cannot be identified, compulsory redundancy will be considered as a last resort. 45. How many losses of each band will there be? A A target operating model has been developed and agreed by all four trust boards. The detail will be shared when consultation commences. 46. Will redundancy pay be paid to staff that cannot travel to Wolverhampton? A There are no plans to make any staff redundant at this time. However, if there is a job available in the new service and staff simply do not want to travel, it is unlikely that they will get redundancy payment. This would need to be looked at on a case by case basis. 47. What process will be undergone to determine who loses their jobs? A Every alternative option to job losses will be explored. Overarching principles have been developed to ensure a fair, transparent and consistent approach. The finer process details will be developed and will be finalised through consultation with affected staff and associated unions. Only where there are surplus staff in post compared to the target operating model, will there need to be a selection process. For those that remain in the same job within the target operating model, and where there is a sufficient number of jobs for the pool of staff, staff will not need to re-apply for their jobs. Structures 48. Have you got the structure yet? Have you worked through it for each department? A We are committed to sharing information as soon as it becomes available. The initial consultation phase will be in respect of TUPE, and as much relevant workforce detail as possible will be shared at that time. The workforce structures will be refined and finalised post-tupe by the department leads, and detail will be shared at the earliest opportunity during the post-tupe management of change processes. 49. Is there a requisite for new management to come in? A The Oversight Group approved the appointment of the substantive Operational Manager and Clinical Director; these posts will be advertised and appointed to during March Will the management structure be changed going forward with BCP and if so will this be fairly done? A The management structure will change to reflect the needs of the BCPS Target Operating Model. This will be done through a Management of Change consultation process; overarching principles to ensure a fair, consistent and transparent process to appoint to the senior management posts are being developed. It is the intention to go through the Management of Change process for this group firstly, to enable them to be in post and to shape the implementation of the service and finalise the detail of the future staffing structures. 51. How many of each band will be needed at Wolverhampton? A This detail will need to be worked through by the senior management teams post-tupe to determine the final target operating model structures for each discipline. We are committed to sharing as much detail as possible once it becomes available. 6

7 Jobs and vacancies 52. How will jobs be fairly distributed? A Only where areas are over-resourced will there need to be a selection process, and all staff will be fairly pooled to take part in the selection process for their comparable job roles. All staff will have the equal opportunity to apply for any vacancies that arise. 53. Will staff have to reapply for their own jobs? A Where there are more staff in post than the target operating model, there may be a necessity for staff to reapply for the jobs within the structure as a competitive process. Where there are sufficient jobs for any pool of staff within the target operating model, staff will not need to re-apply. 54. How will staff recruitment be handled with this uncertainty going on? A The aim is that all vacant posts required will be advertised through the BCPS. This has already happened for histopathology consultants. 55. We are concerned about inheriting consultant vacancies. Are there plans to mitigate? A The first posts have already been advertised. There will be further recruitment plans. One of the drivers of the partnership is the clinical sustainability, in that it is more attractive to work for a bigger network than individual trusts. There has been successful overseas recruitment in other specialties, so this could be an option. 56. How will rotation of staff between sections work? A This will be discussed in the discipline workshops. 57. What will happen to the on-call team role? A This will be discussed in the discipline workshops. Working hours 58. Will staff hours of work change? A The business case looks at enhanced working hours. The discipline teams have started to look at model rosters. Any change in working hours will be discussed during the management of change processes following TUPE. 59. Will shift patterns be harmonised? A This is likely. Any proposed changes to shift patterns will form part of a management of change consultation process. It is envisaged that BCP will move to a 24/7 service, and on call issues will also need to be resolved. 60. Will Band 2 hours be extended? A This detail will need to be worked through by the senior management teams post-tupe to determine the final target operating model structures for each discipline. 61. Part-time staff currently work fixed hours. How will they be integrated? A This will be part of the detailed individual consultation process. 7

8 Hub and essential services 62. Will there be staff who work across the hub and ESLs? A Yes. Departments that currently don t work extended hours are looking at options, e.g. Microbiology and Cellular Pathology. Microbiology currently do on-call, they will transfer on existing working patterns with consultation required to move to 24/7 working. The LIMs is being procured. It will be built on details provided by disciplines. Some rosters have already been developed. 63. Why is the hub going to be at Wolverhampton? A This was a decision agreed by the Chief Executives and Boards early on in the initial discussions. An options appraisal was scored. 64. Where will phlebotomy sit? When will there be a decision made about this? A Options are still being considered to seek agreement from all partner trusts in respect of the management of some services (i.e. Phlebotomy, mortuary, anticoagulation and Point of Care Testing). 65. Where will Histopathology be located at Wolverhampton? A The laboratory space will be reconfigured in the existing laboratory building. Senior members of the laboratories have been involved in the initial planning. 66. How will 24/7 impact this process? A The Target Operating Model describes 24/7 working in Blood Sciences. During discipline workstreams, the Microbiology teams are considering whether 24/7 working may be more appropriate. Proposed changes to working hours will form part of a management of change and consultation process. Individuals will have the opportunity to discuss their personal circumstances during 1:1 meetings. 67. Will we still be expected to work across sites? A It is with the intention that once the TUPE process has completed, for the vast majority of staff, working relationships/environments will continue as they do now until phase four has taken place. This could be a possibility however individual preference will be taken into account as far as possible. In SW London ESLs, some wanted to move around e.g. for access to specialist testing. Some wanted to stay at one base. The final physical moves will not happen until March 2020, but there will be a phased approach leading up to this. It is likely that some cross-site working may be required for some staff. 68. Does the pathology space at the spokes belong to BCPS or individual trusts? A Each trust pays for its own ESL and contributes towards the Hub. 69. Are we expecting the labs to be accredited? A Yes, the quality teams will be developing the quality documentation as one of the implementation work streams. RWT will remain the legal entity, so the accreditation at RWT will be retained. The other laboratories will have to be re-assessed. 70. Will our working practices change if we have to move? A Yes. All disciplines will harmonise their working practices through discussions at the discipline workshops. 8

9 Car parking and Travel 71. Will there be sufficient parking for staff? A There is a plan to build another multi-storey car park on the New Cross site which will create approximately 800 additional spaces. 72. Will staff who are now going to be expected to regularly travel form their base to Wolverhampton for meetings be re-imbursed for petrol and car parking? A All meetings have and will continue to be circulated across the four sites. All travel expenses will be reimbursed according to the relevant expenses policies. 73. What options will there be for staff who cannot travel to Wolverhampton? A During the TUPE consultation, there will be an opportunity for staff to have individual discussions about their personal circumstances and impact of transfer. 74. What about staff who have lease car hire arrangements and may go over their annual mileage. A RWT has a Salary Sacrifice 4 Cars scheme, operated by Tusker. Discussions will take place with the provider to see what the impact might be for transferring staff in respect of this benefit. Staff should arrange a lease hire contract that meets their needs, including annual mileage. 75. Can we still use the car parking facilities in my current Trust after our employment is transferred? A Yes, all trusts are committed to ensuring that the transition for staff is as seamless as possible. Others 76. Will the centrifuge work with GPs still continue? A This will be discussed during the implementation planning phase. Any good practice will be maintained if it is considered appropriate by the workstream leads. 77. Are we guaranteed capital investment to do our jobs effectively? A The business case includes costs for the buildings, a new LIMs system and plans to replace equipment as required. 78. What will happen to the tendering of the LIMS system? Will this be included as part of the IT system if specialist sections stay separate? A The IT procurement is underway currently. 79. Will our users be consulted with effectively? A The Clinical Reference Group has three GP representatives, one from Dudley, one from Sandwell and one from Walsall. Clinical user forums were set up on each site. 80. How will the control of budgets change? A A single pathology budget for the service will be developed and managed by the heads of department. 81. Will staff be given the chance to work at Wolverhampton before we move? 9

10 A All trusts commit to making the transition as easy as possible for staff and opportunities to work in the new environment will be identified as early as possible. 82. Will innovative work with GPs continue? A A GP liaison post will be part of the BCPS to understand their requirements. We also have GP representatives on the Clinical Reference Group; many of the implementation plans are being shared with them for comments throughout the development. 83. Will the Sickness and Absence policies be harmonised? A There are key HR policies which will be aligned as soon as possible post-tupe. 84. How will the transportation of samples be dealt with? A A logistics plan was included in the business case. This includes at least the current levels of transport, with significant additional runs planned. Members of each trust were involved in the plans and will continue to be consulted during implementation. 85. How are communications being managed to ensure we hear things at the same time? A We have tried to coordinate communications going out at the same time. We are working on developing a webpage so all staff across all the trusts will have access to the same information at the same time. 86. How will this affect our pensions? A Pensions will be transferred as part of the TUPE process and remain unchanged. 87. Will pensions be made up for those over 60? A There are no plans for early retirement or MARs, however in the unlikely event that any redundancies are made for people over 60, then there is no longer a requirement for the employer to make additional pension contributions. 10

11 ADDENDUM Black Country Pathology Service: Communications update (February 2018) We recently informed you that the four trusts all supported the Black Country Pathology Service (BCPS) at the most recent Trust Board meetings. We are now at a stage where we wanted to outline the potential time scales and processes to support the successful transfer of staff, from the four organisations, to support the delivery of a single BCPS. It is assumed that all the staff who are substantially engaged in providing pathology services will transfer their employment to the Royal Wolverhampton Trust and come under the remit of the Black Country Pathology Service. Transfer time line The following diagram outlines the proposed time line in four key phases. Phase 1 Preparation The preparation phase of work currently being undertaken by the HR teams should be concluded by April Within the preparation phase the HR teams are agreeing, across all organisations, the staff transfer and organisational change principles, recognising that individual pay protection policies would still apply. It is anticipated that this will allow for the TUPE process to start at some point from April onwards, with the aim of concluding TUPE by the 1 st October 2018 at the latest. TUPE stands for Transfer of Undertakings (Protection of Employment) and is governed by Regulations of the same name (2006). The TUPE Regulations apply to this service provision change and therefore employees from the newly-acquired service will automatically transfer to the new employer. Phase 2 TUPE Consultation The exact consultation process will be finalised, and the details explained to you during the start of consultation in line with the BCPS Business Case and the agreements reached between the trusts. 11

12 Staff side have been involved in early discussions and will remain engaged throughout the process. It is with the intention that once the TUPE process has completed, for the vast majority of staff, working relationships/environments will continue as they do now until phase four has taken place. The only significant difference will be being that you will be employed by RWT as the agreed host organisation. Staff will remain on their current terms and conditions, whether that be Agenda for Change or Medical and Dental, subject to any measures. As part of the TUPE consultation, The Royal Wolverhampton NHS Trust will share any proposed changes to current terms and conditions, such as pay date, policies, location, with staff. Phase 3 Stage one of the Management of Change Once the TUPE has completed, we propose moving into stage one of the third phase, which will be to progress the management of change initially for the senior management structure only. There will be two substantive posts being advertised across the trusts in March 2018 for the Clinical Director and Operational Manager. Once these are appointed, the senior management structure can be agreed, and further recruitment can take place. There may then be a period of bedding in before moving onto stage two of the management of change phase for the rest of the staff groups. This would give the senior management team time to review and develop the structure described in the full business case and ensure the longer-term needs of the BCPS are met. Whilst the proposed workforce models currently demonstrate a reduction of 11% in staffing numbers, our aim is to maintain security of employment as far as possible. Given the duration of the project and taking account of natural wastage, this level of reduction should be achievable without redundancies. Phase 4 This final phase relates to the physical movement of staff into the new BCPS. This phase aims to commence in September 2019 and be completed by March These timings are subject to achievement of enabling workstreams, such as the LIMs procurement, Estate development, etc. How we ll keep you informed We are aware that these changes will create some uncertainty for some staff; therefore, we are committed to keeping you updated as frequently as we can via different ways. Monthly meetings at each Trust with colleagues in pathology who are affected by the proposed changes Monthly blogs Dedicated website / Updates and all information on staff intranets Information shared with colleagues through each Trust s usual communications channels A new BCPS pathology newsletter for pathology colleagues across the four Trusts. We will look to inform you of any progress to the project as it happens, however in the meantime if you have a question or concern, please speak to your line manager. 12

13 ADDENDUM: Midland Metropolitan Hospital / SWBH specific questions 1. How far is MMH from being completed? A SWBH are working with The Hospital Company to engage a new contractor following the announcement of Carillion s insolvency. Until new arrangements are in place we are unable to confirm an opening date. 2. Why can t a lab be built at MMH now there is a delay? A The design of the new hospital was agreed with the contractors. Design is fixed at the point of sign off of the plans. 3. Will serology stay at Sandwell? A This will be discussed in the discipline workshops. 4. Will the SWB Toxicology Service be going to Wolverhampton? A The SWBH Board are considering the future arrangements for specialist services. 5. Why aren t the Specialist Labs going to Sandwell? A The SWBH Board are considering the future arrangements for specialist services. 6. There are cultural concerns and lack of understanding of Specialist Lab requirements. A The SWBH Board are considering the future arrangements for specialist services. 7. Will the specialist sections be broken up as they work well together, and should these labs not remain at Sandwell? A The SWBH Board are considering the future arrangements for specialist services. 8. When will a decision be known about the specialist sections and where they will sit? A The SWBH Board are considering the future arrangements for specialist services. 9. If specialist sections stay at Sandwell will we still be employed by BCP? A The SWBH Board are considering the future arrangements for specialist services. 10. How can we possibly manage specialist sections remotely if they move to Wolverhampton? A The SWBH Board are considering the future arrangements for specialist services. 11. Will Microbiology move to Wolverhampton before MMH is completed? A The phasing of the moves is being worked up in detail and will be shared with staff. Once the timings for the Midland Met Hospital are clear we will be able to develop clear timelines. 12. There are issues being experienced with transporting samples between two sites. How will this be better getting samples to Wolverhampton whilst not impacting the TTT? A A logistics solution has been developed to ensure that we deliver a better service than currently provided. 13. Is the option of a third party taking over the specialist labs still on the table? A SWBH are considering future arrangements for specialist pathology services. 13

14 14. When will our Trust (SWB) finally decide? A SWBH are considering arrangements for specialist services and will look to agree future plans during April. 88. Will specialist section staff be part of the TUPE process? A The SWBH Board are considering the future arrangements for specialist services that will then inform TUPE arrangements. 89. How long will Sandwell pathology staff remain on City Site realistically? A The details need to be worked through. No physical moves will take place before the summer of