NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST PARTNERSHIP AGREEMENT AND RECOGNITION OF TRADE UNIONS AND PROFESSIONAL ORGANISATIONS. Documentation Control

Transcription

1 NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST PARTNERSHIP AGREEMENT AND RECOGNITION OF TRADE UNIONS AND PROFESSIONAL ORGANISATIONS Documentation Control Reference HR/ER/007 Approving Body Trust Board Date Approved 25 Implementation Date 25 Summary of Changes from Inclusion of Hospital Consultants and Previous Version Specialists Association Amendment to reflect staff side constitution Supersedes Version 3 (September 205) Consultation Undertaken NUH Staff Side JLNC Policy Sub Group Senior Management Team Date of Completion of July 205 Equality Impact Assessment Date of Completion of We July 205 Are Here for You Assessment Date of Environmental July 205 Impact Assessment (if applicable) Legal and/or Accreditation N/A Implications Target Audience Review Date July 208 Lead Executive All Managers All accredited trade union/professional organisation representatives Nicky Hill, Director of HR

2 Author/Lead Manager Nicky Hill, Director of HR Further Guidance/Information HR Leads/Assistant HR Leads/HR Advisors/Staff side leads 2

3 CONTENTS Paragraph Title Page. Introduction 4 2. Executive Summary 4 3. Policy Statement 4 4. Definitions (including Glossary as needed) 5 5. Roles and Responsibilities 5 6. Policy and/or Procedural Requirements 6 7. Training, Implementation and Resources 0 8. Impact Assessments 0 9. Monitoring Matrix 2 0. Relevant Legislation, National Guidance 3 and Associated NUH Documents Appendix () Equality Impact Assessment 4 Appendix (2) Environmental Impact Assessment 7 Appendix (3) Here For You Assessment 9 Appendix (4) Certification Of Employee Awareness 2 3

4 .0 Introduction. This agreement lays down the principles upon which the Trust bases its relationships with trade unions and professional organisations. By defining those organisations recognised and the processes to be followed in formal engagement and dialogue, the agreement seeks to bring clarity and structure. Though the need for formal means of communication, consultation and negotiation is promoted by this agreement, it is also recognised that enormous benefit is derived from addressing issues at an early opportunity through informal and ongoing dialogue. 2.0 Executive Summary 2. The Trust believes that recognised trade unions and professional organisations have a vital role in the development and consistent application of employment practice and provide valuable and ongoing feedback regarding the concerns and needs of the workforce. The Trust restates therefore the commitment to constructively engage with staff representatives to support the provision of ever better standards of care to patients. 3.0 Policy Statement 3. Nottingham University Hospitals (NHS) Trust recognises that its ability to continue as a successful organisation depends on the talent and commitment of all of our employees. Vital to this success is the involvement of staff and the ongoing partnership and dialogue with staff representatives through the NUH Staff Partnership Committee and the Local Negotiating Committee (the Trust s main consultative and negotiating forums with recognised trade unions). 4

5 4.0 Definitions 4. Trade Union A trade union is a member led organisation and its membership must be made up mainly of workers. One of a trade union's main aims is to protect and advance the interests of its members in the workplace. Professional Organisation - A Professional Organisation is an organisation formed in the interests of the Occupation/Profession. It advances the interests of its members in the workplace. 5.0 Roles and Responsibilities Committees Partnership Committee (PC) The Partnership Committee (and any agreed sub groups) exists to promote close co-operation between staff and managers within the Trust by providing a forum in which matters affecting the workforce can be discussed, and relevant information openly debated. It provides a forum for consultation and discussion on significant proposals, policy matters and decisions likely to affect the employees of the Trust. Local Negotiating Committee (LNC). This committee is recognised by the Trust and the wider staff-side as being the sole consultation and negotiation forum for those matters which particularly affect the employment and terms and conditions of medical and dental staff. Trust Board Trust Board has over the overall responsibility for the maintenance of partnership working with the Trade Unions and Professional Organisations. 5.2 Individual Officers 5

6 5.2. Trade unions/professional organisations recognise the responsibility of the Senior Management Team to plan, organise and manage the activities of the Trust. The Trust for its part recognises the trade unions/professional organisations responsibility to represent the interests of those members employed by the Trust and to work for improved conditions of employment and work, according to their policies. 6.0 Policy and/or Procedural Requirements 6. The objectives of this agreement are: To develop and maintain the success of the Trust and its staff To promote and maintain mutual trust and co-operation between the Trust, employees and their trade unions/professional organisations; To establish procedures by which matters affecting these relationships can be dealt with fairly, effectively and speedily; 6.2 To demonstrate that all staff are valued and have a significant part to play in the success of the Trust. To this end all parties are agreed on the need -: To continue to develop an organisation committed to excellence in patient-care, teaching and research and to cooperate in making the changes required to achieve and maintain this position To seek to avoid action which interrupts the continuity of patient care or the operation of the Trust To actively encourage the contribution of all staff in furtherance of these goals. To respond to changes in service demand. 6

7 To maintain open and direct communication with all staff on matters of mutual interest and concern; The Trust and the trade unions/professional organisations recognise the overriding nature of these principles and are agreed that it is their joint responsibility to ensure that they are put into effect and maintained. A fundamental objective of this agreement is that any differences and disputes will be resolved at the earliest possible stage by using the agreed procedures and through consultation and negotiation. The Trust recognises that consultation is not the mere passage of information, but an active exchange of views that gives all parties an opportunity to influence decisions and their application. The Trust has established a NUH Staff Partnership Committee and relevant sub-committees to ensure that these principles can be enacted. RECOGNITION Within the context of this agreement and the exclusion of all others, the Trust presently recognises the following trade unions/professional organisations: Association of Clinical Biochemists BAOT British Dental Association (BDA) British Dietetic Association British Medical Association (BMA) British Orthoptic Society Chartered Society of Physiotherapy (CSP) GMB Hospital Physicists Association Royal College of Midwives (RCM) Royal College of Nursing (RCN) Society of Radiographers (SoR) UCATT 7

8 UNISON (inc. mip) Unite Hospital Consultants and Specialists Association (HCSA) The Trust will continue to encourage its staff to join a recognised trade union/professional organisation. However, an employee who chooses not to join a trade union/professional organisation will not be the subject of any discrimination, either favourable or unfavourable, by the Trust, or, any trade union The Trust shall offer reasonable facilities to all recognised trade unions/professional organisations. These are described in the Time Off and Other Facilities Agreement. JOINT STAFF SIDE The recognised Trade Unions/Professional Organisations have agreed to work together to deal with matters of collective interest for the workforce and to act as the primary source of negotiation with the Trust. Arrangements for interaction by the joint staff-side with the Trust are set out in constitution for the NUH Staff Partnership Committee. The recognised trade unions and professional organisations will organise their joint staff-side based on relative membership amongst directly employed Trust staff, with each trade union having at least one seat on the joint staff-side and then as follows-: -00 members seat members 2 seats members 3 seats members 4 seats 500+ members 5 seats The staff-side may appoint up to the equivalent of three full time staff-side officers (including at least a staff side chair, vice-chair and secretary). Job-share appointments may be made. The Trust will fund dedicated facilities time for those staff side representatives elected to the officer roles outlined above. The elections of these officers are a matter for the staff-side but should 8

9 be held at least every three years. Office-holders will be seconded from their current job for the relevant time period and will retain the right to return to a similar or suitable role should their term of office expire. In addition the Trust will seek to ensure that a Trade Union with more than 2000 members will have supported the equivalent of the full time release of one of its stewards. If the Trade Union in question has one of its members elected to a staff side officer position on a job-share basis then that time will, following discussion with the Director of Human Resources, be increased to full time. In circumstances where there has been an unsuccessful candidature to a staff side officer post, then a suitable arrangement will be enacted following discussion with the Director of Human Resources LOCAL NEGOTIATING COMMITTEE The provisions of this agreement apply equally to the members of the Local Negotiating Committee (LNC). This committee is recognised by the Trust and the wider staff-side as being the sole consultation and negotiation forum for those matters which particularly affect the employment and terms and conditions of medical and dental staff. 6. It is recognised that the LNC will play a role in the wider staff-side organisation and collective endeavour. As such the LNC will wish to be appropriately involved in consideration of matters which affect all staff, so that it can understand and be appropriately consulted on any implications for the terms and conditions of medical and dental staff. AMENDMENT OF AGREEMENT The terms of this recognition agreement may be varied by agreement of both staff and management sides at any full meeting of the NUH Staff Partnership, provided that notice of the terms of the proposed amendment has been circulated to each committee member at least 28 days prior to the meeting. 9

10 7.0 Training and Implementation 7. Training There are no formal education or training requirements required for implementation, however advice on the application of the Policy is available from any HR Manager or accredited representative. 7.2 Implementation The Policy will be implemented as required by the Director of HR and staff side leads. 7.3 Resources Application of this amended policy will be in line with the existing resources of the HR Department and Staff side 8.0 Trust Impact Assessments 8. Equality Impact Assessment NUH is committed to ensuring that none of its policies, procedures, services, projects or functions discriminate unlawfully. In order to ensure this commitment all policies, procedures, services, projects or functions will undergo an Equality Impact Assessment. A copy of the Equality Impact Assessment for this policy is included. Reviews of Equality Impact Assessments will be conducted in line with the review of the policy, procedure, service, project or function 8.2 Environmental Impact Assessment 0

11 The environmental impact of this policy has been considered and no further action is required at this time. 8.3 Here For You Assessment This Trust is committed to providing the highest quality of care to our patients, so we can pledge to them that we are here for you. This Trust supports a patient centred culture of continuous improvement delivered by our staff. The Trust established the Values and Behaviours programme to enable Nottingham University Hospitals to continue to improve patient safety, outcomes and experiences. The set of twelve agreed values and behaviours explicitly describe to employees the required way of working and behaving, both to patients and each other, which would enable patients to have clear expectations as to their experience of our services.

12 9.0 Policy / Procedure Monitoring Matrix Minimum requirement to be monitored Responsible individual/ group/ committee Process for monitoring e.g. audit Frequency of monitoring Responsible individual/ group/ committee for review of results Responsible individual/ group/ committee for development of action plan Responsible individual/ group/ committee for monitoring of action plan Ongoing effectiveness via discussion HR Department and Staff side Monthly Partnership Committee Partnership Committee Partnership Committee 2

13 0.0 Relevant Legislation, National Guidance and Associated NUH Documents 0. List of all the following which are relevant: Equality Act 200 Employment Relations Act (999) Rehabilitation of Offenders Act (974) Human Rights Act (998) Trade Union and Labour Relations (Consolidation) Act 999 Part Time Workers - Prevention of Less Favourable Treatment Regulations (2000) Fixed Term Employees - Prevention of Less Favourable Treatment Regulations (200) Time Off and Facilities Agreement for Accredited Representatives of Trade Unions 3

14 Insert templates of relevant impact assessments (page break after each) APPENDIX Equality Impact Assessment (EQIA) Form (Please complete all sections) Q. Date of Assessment: July 205 Q2. For the policy and its implementation answer the questions a c below against each characteristic (if relevant consider breaking the policy or implementation down into areas) Protected Characteristic a) Using data and supporting information, what issues, needs or barriers could the protected characteristic groups experience? i.e. are there any known health inequality or access issues to consider? The area of policy or its implementation being assessed: b) What is already in place in the policy or its implementation to address any inequalities or barriers to access including under representation at clinics, screening c) Please state any barriers that still need to be addressed and any proposed actions to eliminate inequality Race and Ethnicity Gender Age Religion Disability 4

15 Sexuality Pregnancy and Maternity Gender Reassignment Marriage and Civil Partnership Socio-Economic Factors (i.e. living in a poorer neighbour hood / social deprivation) Area of service/strategy/function Q3. What consultation with protected characteristic groups inc. patient groups have you carried out? Q4. What data or information did you use in support of this EQIA? Q.5 As far as you are aware are there any Human Rights issues be taken into account such as arising from surveys, questionnaires, comments, concerns, complaints or compliments? Q.6 What future actions needed to be undertaken to meet the needs and overcome barriers of the groups identified or to create confidence that the policy and its implementation is not discriminating against any 5

16 groups What By Whom By When Resources required Q7. Review date July 206 6

17 Environmental Impact Assessment The purpose of an environmental impact assessment is to identify the environmental impact of policies, assess the significance of the consequences and, if required, reduce and mitigate the effect by either, a) amend the policy b) implement mitigating actions. Area of impact Waste and materials Soil/Land Water Air Environmental Risk/Impacts to consider Is the policy encouraging using more materials/supplies? Is the policy likely to increase the waste produced? Does the policy fail to utilise opportunities for introduction/replacement of materials that can be recycled? Is the policy likely to promote the use of substances dangerous to the land if released (e.g. lubricants, liquid chemicals) Does the policy fail to consider the need to provide adequate containment for these substances? (e.g. bunded containers, etc.) Is the policy likely to result in an increase of water usage? (estimate quantities) Is the policy likely to result in water being polluted? (e.g. dangerous chemicals being introduced in the water) Does the policy fail to include a mitigating procedure? (e.g. modify procedure to prevent water from being polluted; polluted water containment for adequate disposal) Is the policy likely to result in the introduction of procedures and equipment with resulting emissions to air? (e.g. use of a Action Taken (where necessary) 7

18 furnaces; combustion of fuels, emission or particles to the atmosphere, etc.) Does the policy fail to include a procedure to mitigate the effects? Does the policy fail to require compliance with the limits of emission imposed by the relevant regulations? Energy Does the policy result in an increase in energy consumption levels in the Trust? (estimate quantities) Nuisances Would the policy result in the creation of nuisances such as noise or odour (for staff, patients, visitors, neighbours and other relevant stakeholders)? 8

19 We Are Here For You Policy and Trust-wide Procedure Compliance Toolkit The We Are Here For You service standards have been developed together with more than,000 staff and patients. They can help us to be more consistent in what we do and say to help people to feel cared for, safe and confident in their treatment. The standards apply to how we behave not only with patients and visitors, but with all of our colleagues too. They apply to all of us, every day, in everything that we do. Therefore, their inclusion in Policies and Trust-wide Procedures is essential to embed them in our organization. Please rate each value from 3 ( being not at all, 2 being affected and 3 being very affected) Value Score (- 3). Polite and Respectful Whatever our role we are polite, welcoming and positive in the face of adversity, and are always respectful of people s individuality, privacy and dignity. 2. Communicate and Listen We take the time to listen, asking open questions, to hear what people say; and keep people informed of what s happening; providing smooth handovers. 3. Helpful and Kind All of us keep our eyes open for (and don t avoid ) people who need help; we take ownership of delivering the help and can be relied on. 4. Vigilant (patients are safe) Every one of us is vigilant across all aspects of safety, practices hand hygiene & demonstrates attention to detail for a clean and tidy environment everywhere. 9

20 5. On Stage (patients feel safe) We imagine anywhere that patients could see or hear us as a stage. Whenever we are on stage we look and behave professionally, acting as an ambassador for the Trust, so patients, families and carers feel safe, and are never unduly worried. 6. Speak Up (patients stay safe) We are confident to speak up if colleagues don t meet these standards, we are appreciative when they do, and are open to positive challenge by colleagues 7. Informative We involve people as partners in their own care, helping them to be clear about their condition, choices, care plan and how they might feel. We answer their questions without jargon. We do the same when delivering services to colleagues. 8. Timely We appreciate that other people s time is valuable, and offer a responsive service, to keep waiting to a minimum, with convenient appointments, helping patients get better quicker and spend only appropriate time in hospital. 9. Compassionate We understand the important role that patients and family s feelings play in helping them feel better. We are considerate of patients pain, and compassionate, gentle and reassuring with patients and colleagues. 0. Accountable Take responsibility for our own actions and results. Best Use of Time and Resources Simplify processes and eliminate waste, while improving quality 2. Improve Our best gets better. Working in teams to innovate and to solve patient frustrations TOTAL 20

21 APPENDIX 4 CERTIFICATION OF EMPLOYEE AWARENESS Document Title Partnership Agreement and Recognition of Trade Unions and Professional Organisations Version (number) 4 Version (date) 25 I hereby certify that I have: Identified (by reference to the document control sheet of the above policy/ procedure) the staff groups within my area of responsibility to whom this policy / procedure applies. Made arrangements to ensure that such members of staff have the opportunity to be aware of the existence of this document and have the means to access, read and understand it. Signature Print name Date Directorate/ Division The manager completing this certification should retain it for audit and/or other purposes for a period of six years (even if subsequent versions of the document are implemented). The suggested level of certification is; Clinical Divisions Divisional General Manager or nominated deputies Corporate Directorate - deputy director or equivalent. The manager may, at their discretion, also require that subordinate levels of their directorate / department utilize this form in a similar way, but this would always be an additional (not replacement) action. 2