I write in response to your request for information in relation to staff employment in NHS Lothian.

Transcription

1 Lothian NHS Board = Waverley Gate 2-4 Waterloo Place Edinburgh EH1 3EG = Telephone: Date: 22/04/2015 Our Ref: 5129 Enquiries to : Bryony Pillath Extension: Direct Line: bryony.pillath@nhslothian.scot.nhs.uk Dear FREEDOM OF INFORMATION EMPLOYMENT I write in response to your request for information in relation to staff employment in NHS Lothian. I have been provided with information to answer your request by Mr Craig Wright, Senior Human Resources Advisor, NHS Lothian. 1. Can you provide me with your entire pay/grading structure including the following details: a) Grade / Range / SCP range or equivalent b) Salary levels attributed to (a) and; c) Clarification of the weekly hours the annual salary is based on (e.g. 35 hours, 37 hours per week) 2. Can you provide me with the details on how you compensate shift workers/shift patterns? Can you also include: a) How this payment is calculated (e.g. average hours over a 4 week period) b) How often is this payment made (e.g. every four weeks or annually divided by pay periods etc.) c) How is your compensation arrangements broken down/calculated (e.g. if 10%+ of contractual hours are outwith normal hours etc.) d) Can you clarify, what is your core working hours e) Is such payments contractual or ad-hoc f) If you have a matrix of calculation etc., I would be grateful if you could provide this. Terms and conditions for NHS Scotland Staff are set through national direction and laid out in NHS Circulars which can be found at either of the following websites: Scotland's

2 Health on The Web (SHOW): or the Management Steering Group Website: 3. Can you confirm how you compensate staff who have to provide stand-by or oncall arrangements. (If you have both, please provide details of both). In addition, can you confirm: a) Is stand-by and/or on-call contractual or voluntary? b) If contractual, how is this worked out (if you use one position as an example, that would be helpful. For example provides standby ever 4 weeks and is paid XXXX) c) If called-out what pay arrangements apply? d) If you have a matrix of calculation etc., I would be grateful if you could provide this. I have enclosed a copy of NHS Lothian s Guidance Note for staff on On-Call Arrangements which covers the information you have requested. 4. Can you confirm if you have any enhancments for additional hours (overtime) working for: a) Evening Work b) Saturday c) Sunday d) Part-time Workers who work less than FTE e) If you have a matrix of calculation for additional hours, I would be grateful if you could provide this. 5. For simplicity terms, can you confirm for a full-time Monday to Friday worker, the following: a) Annual Leave Entitlement b) Public/General Holiday Entitlement i) What are your public/general holidays c) Sick Pay Entitlement This information is covered in the documents highlighted in response to question 1 above and available on line. Page 2 of 7

3 In respect of the question pertaining to public holiday entitlement I can confirm that NHS Lothian s full time employees are entitled to 8 paid public holidays in the leave year. All part time staff are entitled to public holidays pro rata. Specific public holiday dates are notified to staff on an annual basis and include: 2 days at Christmas; 2 days at New Year; 2 days at Easter; 1 day in May; and 1 day in September. Doctors in training are entitled to an additional 2 public holidays as part of their terms and conditions of employment, and these dates are notified to staff on an annual basis. 6. Do you have arrangements in place for responsibility allowance (or equivalent e.g. acting up). If so, how are these arrangements applied and what is the compensation for this? 7. Do you have arrangements for chargehand cover (or equivalent) If so, how are these arrangements applied and what is the compensation for this? 8. Do you have arrangements for Supervisor cover (or equivalent)? For example, particularly in a remit where the work is very repetitive and the Supervisor is on holiday, who would co-ordinate the work). If so, how are these arrangements applied and what is the compensation for this? I have enclosed NHS Lothian s Guidance Note on Acting Up Arrangements, which cover these three areas. 9. Do you have arrangements for staff having to cover residential work with clients? If so, what are these arrangements and what compensation is in place for this? There is no requirement for NHS Lothian staff to cover residential work with clients. However there is local guidance in place for staff within the Learning and Disability Service who may on occasion choose to accompany patients on holidays and who receive a sleep over allowance of 30 per night for every 24 hour period they are away. Staff also accrue 7.5 hours time back per night away which is taken as soon as is possible upon return from the holiday. Page 3 of 7

4 10. Do you have any compensation arrangements for an employee who may be undertaking project work above their normal duties? If so, what arrangements and compensation are in place for this? NHS Lothian has no compensation arrangements for employees who are undertaking project work above their normal duties. All posts are graded to include all work undertaken in line with the guidelines with the Agenda for Change Job Evaluation Handbook which can be obtained at the following website: In terms of sickness absence, what trigger points do you have in place to assess an employee s level of attendance. 12. I would be grateful if you could provide me with a copy of your policy for managing sickness absence. I have enclosed NHS Lothian s Promoting Attendance Policy. Appendix 1 gives details of trigger points for attendance. 13. I would be grateful if you could provide me with your policy on annual leave, public holidays etc. I have enclosed a copy of NHS Lothian s Annual Leave Policy. 14. Do you permit employees to buy or sell annual leave? If so, I would be grateful if you could provide a copy of your policy/procedure/guidance for this. NHS Lothian does not permit staff to buy or sell annual leave. 15. Can you provide a template of a contract of employment and/or statement of particulars of employment? Page 4 of 7

5 I have enclosed NHS Lothian s Contracts of Employments for staff covered by Agenda for Change Terms and Conditions. One of these covers the Nursing and Allied Health Professional staff groups and the other covers Administration and Clerical, Support Services Staff and Health Science Services staff groups. 16. Can you provide a copy of your terms and conditions of employment and/or Conditions of Service or equivalent? A copy of the Agenda for Change Terms and Conditions handbook can be obtained by following this link: Handbook-Master-Scottish-Copy-October-2014.pdf. 17. Do you have a policy on re-structuring/re-organisation (or equivalent)? If so, can you provide this? I have enclosed a copy of NHS Lothian s Organisational Change Policy. 18. Do you operate protected pay / conserved pay arrangements? If so, what circumstances does this arise and what period of time do you have a protection period in place. There are two forms of protection arrangements currently in operation within NHS Lothian. These are Mark-Time Protection and Organisational Change Protection. Mark-Time Protection Mark-Time Protection currently only applies in two instances namely 1. protection associated with assimilation to Agenda for Change and 2. the introduction of the new on-call arrangement. The employee s total earnings under their existing pay arrangements are calculated over a reference period. If earnings under the existing payment arrangements are more than that provided under the new arrangements, then prior total earnings will be protected. That level of earnings will continue to be paid on a mark time basis i.e., no increments or cost of living increases, until they are overtaken by the level of earnings achieved under the new arrangements. Protection will cease, Page 5 of 7

6 however, if the employee chooses to change jobs, chooses to leave the on-call rota or leave the NHS. Organisational Change Protection Organisational Change Protection applies where organisational change results in an employee having to move to alternative contractual arrangements and: (a) Earnings are lower due to a change in band affecting basic pay i.e. the maximum of the band of the new post is less than the post held previously. (b) Earnings are lower due to a reduction in earnings additional to basic pay (e.g. night duty, unsocial hours etc.) Any one of these reasons (or equally a combination) may result in a loss or earnings. If the employees earnings under the existing payment arrangements are more than that provided under the new arrangements, then their prior total earnings will be protected. That level of earnings will continue to be paid and will be uplifted by any increments due and cost of living increases until they are overtaken by the level of earnings achieved under the new arrangements. Protection will cease, however, if the employee chooses to change jobs, chooses to leave the on-call rota or leave the NHS. 19. Do you have a policy on TUPE? If so, can you provide this? NHS Lothian does not have a specific policy concerning TUPE. The organisation is governed by legislation when undertaking any transfer of undertakings, as this is part of UK Labour Law. 20. Do you have a Stress Management Policy (or equivalent)? If so, can you provide this? I have enclosed a copy of NHS Lothian s Dealing with Stress Positively Policy. I hope the information provided helps with your request. If you are unhappy with our response to your re Page 6 of 7

7 quest, you do have the right to request us to review it. Your request should be made within 40 working days of receipt of this letter, and we will reply within 20 working days of receipt. If our decision is unchanged following a review and you remain dissatisfied with this, you then have the right to make a formal complaint to the Scottish Information Commissioner. If you require a review of our decision to be carried out, please write to the FOI Reviewer at the address at the head of this letter. The review will be undertaken by a Reviewer who was not involved in the original decision-making process. FOI responses (subject to redaction of personal information) may appear on NHS Lothian s Freedom of Information website at: Yours sincerely ALAN BOYTER Director of Human Resources and Organisational Development Cc: Chief Executive Enc. Page 7 of 7