Black Country Pathology Service response to SWBH questions

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1 SWBH Open Lab Meeting 23 rd March 2018 Histopathology Consultants 3 Manager 1 BMS 14 Office Staff 5 1. Once TUPED what will happen to our work will we be expected to work across other sites? 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. 2. Will there be any redundancies or redeployment and if so could you then be offered a lower banded job? 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. 3. Once TUPED does the 2 year pay protection start immediately or once staff physically move to Royal Wolverhampton? Pay protection will only apply for any staff that might be detrimentally affected by the management of change or job matching processes, which will take place post TUPE. For those staff, pay protection will be paid from the date of commencement into a new role and details of this will be discussed as part of the consultation processes. 4. What happens in 2 years time do staff still have rights under SWBH as they would have during the protection phase? Staff will be employed by RWT post TUPE and as such all of their employment rights transfer to RWT, along with their contracts and terms and conditions of employment. 5. How will the hub and spoke model work for consultants and staff, will they have to work from the spoke if MMH is not completed? As consultants were told that they will carry out MDTs from the essentials lab at MMH.

2 During the interim period until MMH is complete there are plans being worked up to have an ESL at Sandwell and City. It was always the intention to have consultant offices based at Sandwell. Cell Path, & most, if not all, Micro staff can move to Hub as soon as the Hub & IT are ready. Hence there may be no need to work from a temporary ESL unless it has been agreed at the Cell Path and Microbiology Workstream & approved appropriately. 6. When will staff receive their formal letters about the TUPE process? It is expected that the TUPE consultation will begin during the week commencing 23 rd April. It is recognised that there are a number of other enablers that need to be resolved in order to allow the transfer to take place on 1 st October Staff have not had any meetings with a HR representative will a representative be invited to attend the next Open Lab Meeting? All staff will have opportunities to attend 1:1 meetings during the consultation process, and a member of HR will also be present. Staff have access to their current HR representatives at each of the partner Trusts. We are seeking to have the BCPS Clinical Director, Operations Manager and HR representatives to be present at the next Open Lab Meeting. 8. Can we have assurance that all of the TUPE process and packs will be distributed at the same time? We will plan to co-ordinate the TUPE consultation to start at the same time and arrange for the documentation to be distributed as soon as it is available. 9. The phasing of moves for Walsall and Dudley will be earlier than SWBH Histopathology will this put SWBH staff at a disadvantage as processes will be established before the staff move to Royal Wolverhampton? The implementation will be phased, but the overall planning and any workforce management of change processes will be carried out equally with all staff that are affected. No trust, or staff group, will have any advantage or disadvantage. 10. Will Consultant Histopathologists be included in the TUPE transfer? Yes. 11. Which PDR process will need to be followed SWBH or Wolverhampton? It is likely that the appraisal processes of RWT will need to be followed post-tupe. This will be discussed during the TUPE consultation process.

3 12. How soon after the TUPE transfer will staff roles be decided? 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. 13. When will the pay protection commence if staff are down-banded? 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. 14. Who will be involved on the interview process if staff have to reapply for their jobs? Where there are more staff in post than the target operating model, there may be a necessity for staff to apply 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. Appointments will be made against objective criteria, and where appropriate we will seek external people to sit on an interview panel. 15. Is the management structure going to be decided fairly? The management structure needs to reflect the needs of the BCPS Target Operating Model. This will be done through a Management of Change consultation process which will ensure that a fair, consistent and transparent process takes place to appoint to the senior management posts. 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. 16. If anyone has particular issues which prevent them from moving to Wolverhampton does this process have to be started in the 90-day consultation period? Or can this be dealt with before the service physically moves? i.e. 2 years time? Staff will have plenty of opportunities to discuss their concerns during the TUPE consultation process, where 1:1 meetings will be available and should discuss their concerns during the formal consultation process. Once the consultation period closes TUPE will take place. Post TUPE, should any individuals personal circumstances change prior to the physical move, staff should raise that at the earliest opportunity with their line manager. Microbiology: Consultant: 1 Manager: 1 BMS: 20

4 Office staff: 1 1. Will vacancies in our current laboratory be filled or held from now on? The aim is that all vacant posts required will be advertised through the BCPS. This has already happened for histopathology consultants. Some posts many be advertised on a fixed term basis. 2. Will the current training plans which are in place be honoured after the TUPE process has been completed? Any commitments made to support training and development plans will be honoured. 3. Will staff financial aid currently agreed for obtaining their masters qualification, will this be honoured like pay protection? Any commitments made to support training and development plans will be honoured. 4. When will the TUPE process begin? It is expected that the TUPE consultation will begin during the week commencing 23 rd April, with the intention to transfer employment by 1 st October Will individuals be able to have input about their individual case in the TUPE process? Yes, Individuals will have the opportunity to discuss their personal circumstances during 1:1 meetings. 6. Are there any details about how the shift pattern will work with 24/7 day working? Proposed changes to working hours will form part of a management of change and consultation process. 7. If staff are transferred under their current banding if they have to reapply for their own job, how will this be decided if there are not enough for example band 7 roles? 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. 8. If some staff face redeployment will this be within Pathology or the wider trust? Will their rights be maintained under SWBH? Primarily redeployment will be sought within RWT as the employing trust, however all trusts are committed to seeking redeployment opportunities for staff who may become displaced. Employment rights will be the responsibility of RWT post-tupe, and details of how redeployment into another trust would work, will be resolved during the individual consultation process.

5 9. There are discrepancies in the banding across all 4 Trusts how will this be harmonised? 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. Toxicology Consultant: 1 Clinical Scientists: 3 Manager: 1 BMS: 5 Office staff: 2 1. Where will specialist testing sit? The SWBH Board are considering the future arrangements for specialist services. 2. When will a decision be made on the Specialist Sections? We hope the decision will be made at the April meeting of the SWBH Board. 3. Can staff be notified of a decision on Specialist Sections as soon as it is made? We will share the decision regarding the Specialist Sections as soon as reasonably practicable after the SWBH Board meeting scheduled for 5th April When will staff receive the TUPE paperwork? It is expected that the TUPE consultation will begin during the week commencing 23 rd April. 5. Can official TUPE discussion documentation be submitted to our staff now? TUPE documentation will be distributed to staff when the consultation period begins. 6. So far there has been poor communication of the Board and BCP management regarding this BCP initiative BCPS has an Oversight Group of which the chief executive and medical directors of each trust are members. The group meets monthly. At the end of each month there is an agreement of Comms to be circulated to all staff members. We are also working on a webpage, so all staff can access information

6 7. How have Management/Leads of the workstreams been decided have they been appointed officially? Each workstream has representatives from each trust in attendance and leads of workstreams were nominated by the disciplines or executive sponsor. 8. Is BCP Management aware of the ad-hoc meetings being organised and the impact it is having on the current service? The BCPS Oversight Group and project team is aware of the workload asked of the disciplines during this time and is trying to be mindful of service commitments. We would like to thank everyone for their hard work to date. 9. Will there be job loses? 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. 10. Will I still have rights to be employed by SWBH if I have not been employed by them for the last 2 years? All employment rights transfer to RWT post-tupe. 11. Re-banding: Is this a possibility to harmonise banding across all 4 Trusts? 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. 12. Will the current test repertoire we provide be affected by this move? Yes. All disciplines will harmonise their working practices through discussions at the discipline workshops. Sample Reception/Clinical Chemistry/IT/Immunology 30 staff members attended 1. Is there a decision about the Specialist Sections yet? We hope the decision will be made at the April meeting of the SWBH Board. 2. What has been decided about the POCT staff will they be included in the TUPE? A paper went to March Oversight Group. It was agreed by all trusts that POCT should be managed by BCPS. A separate paper will be going to a future Oversight Group. Should the decision be that POCT is managed within BCPS, then then staff allocated to that service will also TUPE. 3. What is going to happen to the Blood Transfusion staff?

7 Blood Transfusion staff will TUPE to BCPS. Blood Transfusion labs will be part of ESLs. 4. There does not seem to be a lot of transparency in the workstreams will this improve now that SWBH Trust has confirmed that they are fully committed to the BCP? The discipline workstreams, Discipline Leads Group, Shadow Management Team, Clinical Reference Group and Oversight Group all have representatives from each of the trusts, including SWBH. 5. When will the Speciality workstream leads be more formally established? The management structure will 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. 6. The plans for accommodating the specialist sections at Wolverhampton were not fit for purpose is this being taken into account before a final decision is made? The plans for the Hub extension will be signed-off with involvement of the discipline teams once a decision on their location is made. 7. How long will it be until we know about the staffing structures? 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. 8. When will the TUPE process begin? It is expected that the TUPE consultation will begin during the week commencing 23 rd April. 9. When will pay protection start if the TUPE process ends in October? Pay protection will only apply for any staff that are detrimentally affected by the management of change or job matching processes, which will take place post TUPE. For those staff, pay protection will be paid from the date of commencement into a new role and details of this will be discussed as part of the consultation processes. 10. Is there a back-up plan for SWBH if the business case financially fails? The business case has commercial terms which describe what will happen if a trust decided to withdraw from the partnership. The business case has been assessed by the finance directors and agreed by Boards. 11. Have patients/unions/other users been consulted about this proposed change?

8 The service will not result in changes for patients. Staff-side has already been involved in early discussions and will remain engaged throughout the process. BCPS has done engagement sessions for all clinicians at all 4 trusts & all consultants were invited. The Clinical Reference Group has GP representatives from four of the CCGs, and Health Education England. The Black Country Sustainability and Transformation Programme, (STP) members are aware of the project and have received updates. 12. Will infection control be included? Infection Protection and Control will remain at each of the trusts but will be involved in any changes in test methodologies. 13. Will the ESL still be built at MMH? It is assumed so, but SWBH will have to confirm this. 14. Will the agreed training plans still be honoured? Any commitments made to support training and development plans will be honoured. 15. What will happen to our bank staff? This detail will need to be worked through during the TUPE consultation and due diligence process. 16. If we TUPE in October will roles such as management of processes for example ordering change and if so how will this be managed across the 4 Trusts? This is currently being looked at to resolve prior to the transfer. It is likely that the Standing Financial Instructions for each Trust will need to remain in place. 17. Will limits be put on the amount of ordering which can be done? 18. This is currently being looked at to resolve prior to the transfer. It is likely that the Standing Financial Instructions for each Trust will need to remain in place. 19. Phased moving to Wolverhampton has been suggested in the documentation which accompanied the Q&A will this put SWBH staff at a disadvantage? The implementation will be phased, but the overall planning and any workforce management of change processes will be carried out equally with all staff that are affected. No trust, or staff group, will have any advantage or disadvantage. 20. Do staff have to agree to the TUPE? No. TUPE legislation dictates that transfer of employment is automatic when services transfer. Individuals will have opportunities to discuss any concerns in respect of TUPE during the consultation process.

9 21. Will carparking be improved at Wolverhampton? There is a plan to build another multi-storey car park on the New Cross site which will create approximately 800 additional spaces. Immunology/Secretaries/Manuals/Trace Elements/Metals/Vitamins 30 Staff attended 1. What has been decided about the specialist sections? We hope the decision will be made at the April meeting of the SWBH Board. 2. When will the consultation period for TUPE begin? It is expected that the TUPE consultation will begin during the week commencing 23 rd April. 3. Who will be responsible for H&S? 4. The detail around H&S is being worked through. 5. What will happen to the Anticoag staff? At a paper that went to the Oversight Group meeting in March it was agreed by all of the trusts that at this time Anticoag services will remain being managed by the individual trusts. There will be a close working relationship with BCPS. 6. Will staff be given help to understand the TUPE process? Yes, HR and staff-side will help staff understand TUPE during the consultation process. 7. Which PDR system do we have to follow SWBH or Wolves? It is likely that the appraisal processes of RWT will need to be followed post-tupe. This will be discussed during the TUPE consultation process. 8. Are there legal implications with staff working in a Trust but being employed by another Trust? We have confirmation that TUPE occurring before physical transfers is common, and within the law. The details of obligations are being worked through. 9. What will happen to POCT? A paper went to March Oversight Group. It was agreed by all trusts that POCT should be managed by BCPS. 10. Will the Immunology Service have extended hours? This detail will need to be worked through by the clinical workstreams to identify service needs. 11. Will there be job losses? 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

10 commitment from all trusts that this level of reduction should be achievable through other means and avoid redundancies. 12. When will the staffing structure be decided and how will this be decided? 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. 13. Will clerical and call centre staff be included in the TUPE? All staff that are allocated to the transferring services will be in cope for TUPE. 14. Will there be organisational standardisation of processes within departments? And if so is input being taken from all Trusts equally? Yes. All disciplines will harmonise their working practices through discussions at the discipline workshops. There are representatives from all trusts at the workshops. Any outcomes will need to be approved by the Clinical Reference Group, which has all the Medical Directors as members. 15. Will staff be trained on the system which is being used before they are expected to move? Yes, all staff all staff will be trained on any new systems. 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. 16. Will the line management structure for SWBH be the BCP manager/director only and if so would there no longer be SWBH lab managers meetings and Group Management Team meetings with the current managers in place? In order to maintain QIS and accreditation status, it is important that all meetings supporting QIS remain in place. There may need to be an updated structure provided within the documentation. 17. Which trust policies do we follow? Eg HR policies, PDR, recruitment etc. Will everything go through RWH? As an example, will we no longer follow the SWBH s new PDR process? And if answer is yes is it right to presume we will have IT access via some kind of portal to RWH intranet etc. (and have to be trained on their systems.?) Proposed changes to policies and procedures will be included within the measures during the TUPE consultation process. Blood Sciences 20 staff attended 1. When will the structure be finalised along with the management structure? 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

11 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. 2. When will staff be given the opportunity to discuss the TUPE process? It is expected that the TUPE consultation will begin during the week commencing 23 rd April. 3. Will consultant staff be included in the TUPE and if so how will we protect the clinical input? All consultant staff that are assigned to the transferring services will be in scope for transfer. Staff will have opportunities to discuss any concerns during individual 1:1 meetings. 4. Will GP work processed by City/SGH be transferred to Wolverhampton before MMH opens? The transfer of services is included in the project timeline. It is feasible that GP work could transfer to the Hub before MMH opens. The proposals will be shared with all relevant staff and signed off by the Clinical Reference Group before any changes take place. 5. There are currently different pay protection periods across the 4 Trusts will this be harmonised and if so what will it be? Staff who TUPE will do so maintaining the terms and conditions of their transferring trust, this includes the existing pay protection policy. Harmonisation of terms and conditions and policies will only take place following completion of the TUPE process. 6. Are the shift patterns going to change significantly? 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 at a later date. Individuals will have the opportunity to discuss their personal circumstances during 1:1 meetings. It is likely that Cell Path will move to 7 day working. 7. Can staff be given information on the different workstreams and the minutes of those meetings? The discipline workstreams should provide comms to their staff following their meetings and decide the most appropriate format. BCPS will ask all discipline workstreams to provide feedbacks to their staff. 8. Why is Wolverhampton the legal entity and not BCP? It was agreed by each of the CEO s that RWT would be the legal entity, and it was on this basis that the full business has been developed and approved. 9. Carparking will the fees currently being paid by staff cover parking at all 4 sites?

12 This detail is being worked through. It is likely that staff should obtain a parking permit for their substantive base site, and then the usual expenses provisions will apply should staff travel to other sites. 10. What is the name of the GP representative on the Oversight Group? There are four GPs on the Clinical Reference Group. They are: Ian Sykes SWB CCG Becci Lewis Dudley CCG Raj Mohan Walsall CCG Salma Reehana Wolverhampton CCG 11. Is there a patient representative on the Oversight Group? Whilst is it not envisaged that there will be any changes to patient services, this will be considered during the implementation stage. 12. Do the clinical users forums include patients? Currently, the individual disciplines of each trust should be continuing their clinical users forums, and then should be feeding back to the Discipline specific workstreams. Discipline specific workstreams will agree on the models of clinical users forums suitable for their respective disciplines. 13. Can staffing groups be given the opportunity to go to see a hub and spoke that has succeeded in order to learn from any mistakes? Each trust has had representatives visit South West London and other sites which have been valuable. A presentation of the key learning points has been developed and will be made available. 14. Current contracts in place, will it cost more to opt out of these contracts that we are tied into? The cost of novating or opting out of contracts has been considered during the business case. Procurement savings are a key element to the service, and we will not consider changing contracts to incur additional costs.