11 January Introduction & Purpose
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1 Response to Consultation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 Transfer of In-House Bank Service to NHS Professionals 1 Introduction & Purpose 11 January 2013 The Trust s Flexible (Bank) workers Consultation Document, issued on 8 December 2012, set out proposals for the transfer of the Trust s In-house service to NHS Professionals (NHSP) Managed Flexible Workforce Service. The purpose of this document is to outline the responses received during the consultation period which closed on 7 th January It aims to outline in themes the feedback received during this period and identify if there have been changes made as a result of the consultation responses. This document also outlines the communications that will be issued shortly to ensure Flexible Workers are clear on the transitional and future flexible working arrangements when transferred to NHSP. The planned transfer date will be 18 February All bank shifts worked from this date forward must be booked via the NHSP online system. This system will be live from 4 th February allowing Flexible Workers to view and book themselves onto shifts ready for the 18 th February. 2. Consultation process A full and robust consultation / notification process has been encouraged and the Trust is very pleased that colleagues have engaged in the process. The Trust is also aware of the difficulties and disruption that this process may cause, and would like to thank all workers for continuing with providing a service during this time. The Trust s Joint Consultative Committee which includes membership from recognised Trade Unions staff side representatives, were consulted on the process. Additionally, a Consultation Open Day was held at the Trust on 11 December 2012 for flexible workers. Human Resources representative from the Trust and NHSP and, members from the NHSP Client Relationship Team were present to answer questions and provide more information on the transfer, and how it will affect the way Bank (temporary) shifts will be booked and processed after the transfer. 3. Feedback during Consultation process The main theme identified from the queries and concerns raised by some of the flexible workers relates to whether sufficient support will be available when changing from a paper base system to the new NHSP online system. Flexible workers wish to be clear on how to use the NHSP online system so that they can access bookings, book themselves onto shifts and release their timesheet for payment. NHSP has clarified that the following support will be available: 1
2 There will be an NHSP on-site team based at Darent Valley Hospital during normal working hours (9am to 5pm) to be able to respond to queries raised by flexible workers. Flexible workers can contact the NHSP Service Centre open from 6.30 am to pm. The team can talk through with a flexible worker steps to follow when accessing the NHSP online system. NHSP will be sending out a welcome letter which will include links to user guides on the new system (which can easily be downloaded) and e-learning packages if flexible workers prefer a more interactive way of learning. Some Flexible Workers have asked whether their current pay rates will continue. The current pay rates will be protected for those Flexible Workers who have been identified in the scope for Transfer of Undertakings (Protection of Employment) 2006 Regulations (TUPE). Pay for flexible working will continue to be paid on a weekly basis. 3. Responses to the proposed measures The measures (proposed changes) were detailed in the original consultation document. There were no representations and/or counterproposals put forward by flexible workers or their representatives, for the Trust and NHSP to be able to consider in response to those measures. Therefore, the following measures are planned in relation to the transfer. Annual Leave Entitlement and Process Annual Leave is accrued. The annual leave year is January to December, and carry over leave is usually a maximum of 5 days. Payment of annual leave is made once the Flexible Worker has submitted the online holiday request and taken the leave. The leave is paid the following pay week and is shown on the pay slip as rest days. Further details are set out in the original consultation document. Provision of Mandatory Training NHSP requires its bank only Flexible Workers to undertake a combination of online and classroom-based practical training. After the date of transfer, NHSP will provide bank only Flexible Workers with the required training. NHSP does not pay bank only Flexible Workers to attend training. The Trust will support the bank only Flexible Workers to update their mandatory training if required prior to transfer and arrangements for payments to attend the training will continue only up until the transfer date. Appendix 3 of the original consultation document provides details of forthcoming mandatory training sessions and how to book onto a session if your mandatory training is out of date. For Flexible Workers who have a substantive employment contract with the Trust, the arrangements for mandatory training will continue to be provided by the Trust including payment to attend. The only exception may be when a Flexible Worker undertakes a different bank role to their substantive role which requires additional or different mandatory training. In this type of situation NHSP will provide mandatory training on the terms outlined above. All Flexible Workers responsibilities remain unchanged in relation to ensuring their mandatory training is up to date. Policies and Procedures After the transfer date, NHSP will use its own complaints policy, attendance monitoring and CRB process. However, it should be emphasised that anyone carrying out bank work for the Trust will continue to be subject at those times to the Trust s policies, procedures and requirements regarding clinical practices, patient safety and related matters. 2
3 Change of weekly pay date NHSP will continue to pay weekly, but the pay will be paid one week in arrears, on a Friday instead of on a Thursday. Timesheets Authorisation of timesheets and release for payment, are processed on line. The authorised user (senior member of staff) will be required to authorise timesheets on line and the worker will need to release timesheets online weekly to ensure prompt payment for assignments worked. NHSP s payslips are issued electronically and can be assessed online by workers through logging into their accounts. 4. The Transfer (Next Steps) The planned transfer date will be 18 February of the Trust s in-house bank service to NHSP, and will result in the TUPE transfer of flexible workers registered with the Trust bank service to NHSP. The NHSP system will be live from 4th February allowing Flexible Workers to view and book themselves onto available shifts ready for the 18 February. As part of the process, and to ensure a smooth transfer of workers to NHSP, dates have been scheduled to conduct the following activities: Management training Authorising managers will be trained on NHS Professionals systems to be able to publish shifts to fill on the NHSP online system for flexible workers to view and to be able to authorise online timesheets. NHSP Welcome Letters A letter will be sent today (11 January 2013) welcoming Flexible Workers transferring to NHSP. The welcome letters will explain next steps involving attending Identity (ID) verification days commencing on 15 th January 2013 which will be held in level 1 of Darent Valley Hospital outside the restaurant. Please see Appendix A for full details of the time schedules. ID Verification Days/Log in Details to NHSP Online System As a new employer, NHSP is required by law to meet with each Flexible Worker and check certain ID/right to work in the UK documents. It is also an opportunity for NHSP to welcome transferring workers, and for any questions to be answered. At the ID verification meeting, Flexible Workers are required to provide NHSP with a valid address in order to access NHSP s online booking system. Within 72 hours of attending this meeting you will be ed your log-in details. This will enable the Flexible Workers to view shifts available at the Trust, release timesheets for payment and access payslips online. 5. Further Information following Transfer to NHSP Worker Discount at the Trust s The NHS Professionals badge will be recognised at the Trust s Level One for getting worker discount on your purchase. Car Parking Subsidy The current process will continue for applying to use the Trust s staff car park. 3
4 Payslips NHSP do not provide paper payslips, these will be available to Flexible Workers via the NHSP online system. Hourly rates are not displayed on payslips. The breakdown of shifts paid will be available to workers via the web. Permanent Deductions NHSP can deduct NHS Pensions Scheme contributions from Flexible Workers salaries. Unfortunately, with the exception of a court order, other permanent deductions will not be available through NHSP s Payroll. Remaining actively registered with NHSP A Flexible Worker must work one assignment within a six month period in order to remain registered for flexible work. 6. Closing Message for Flexible Workers The Trust thanks you for your support and looks forward to you booking and working future assignments via NHS Professionals. During the transitional period prior to transfer you may wish to continue to raise queries via the address staffbankproject@dvh.nhs.uk. Author - HR Department (in partnership with NHSP), Dartford & Gravesham NHS Trust 4
5 Appendix A ID Verification Schedule Your ID verification session will take about 15 to 20 minutes Date Site Location Room / Location Address Time 15 January 2013 Darent Valley Hospital 16 January 2013 Darent Valley Hospital 17 January 2013 Darent Valley Hospital 22 January 2013 Darent Valley Hospital 23 January 2013 Darent Valley Hospital 24 January 2013 Darent Valley Hospital 29 January 2013 Darent Valley Hospital 30 January 2013 Darent Valley Hospital 7am 7pm 9am 9pm 7am 7pm 31January 2013 Darent Valley Hospital Documents Required (originals AND colour photocopies) For UK Nationals valid and current passport or UK Full/Long Birth Certificate For other nationals valid and current passport PLUS valid Visa or Work Permit, or valid Photo ID card (EU Countries only). If your visa is in an expired passport, you will need to bring both the expired passport and your current one. Certified evidence of name change if the surname is different to entitlement to work, e.g. Marriage Certificate Two separate proofs of address no more than 3 months old (e.g. bank statement, utility bill, driving licence including counterpart if using card) Bank or Building Society details Details of next of kin Professional registration (if applicable) NMC, ODP, AHP Trust payslip dated within the last 3 months Up-to-date passport sized photograph 5
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