Use of Agency Worker Procedure. Implementation: n/a Status of Contents: FINAL

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Use of Agency Worker Procedure Related documents: n/a Summary of Contents: This Procedure details the legislation governing the use of Agency Workers.

1 Use of Agency Worker Procedure Related documents: n/a Summary of Contents: This Procedure details the legislation governing the use of Agency Workers. It outlines the appropriate approval process and duration for appointments. Furthermore, it details the procedure for requesting an Agency Worker, timesheets and invoicing and provides guidance on induction, training and feedback on performance for Agency Workers. Superseded documents: n/a Implementation: n/a Status of Contents: FINAL Enquiries/Author: Any enquiries about the contents of this document should be addressed to: Declan McAllister NIGALA 4 th Floor Centre House 79 Chichester Street Belfast Assessment of Equality Implications: Yes Equality Screening Completed: Yes Assessment of FOI Implications: Not Applicable declan.mcallister@nigala.hscni.net Additional Copies: Tel: Page 1 of 11

2 Document History Author(s): Lesley Allen, Communication & HR Officer Date Approved by SMT: 9 March 2016 Date Approved by JCC: 12 April 2016 Date Approved by NIGALA Board: n/a Consultative Period with Staff: 19 May June 2016 Implementation Date: 1 September 2016 Review Date: 1 September 2019 Review Author(s): Date Review Approved SMT: Date Review Approved JCC: Date Review Approved NIGALA Board: Page 2 of 11

3 Table of Contents Introduction... 4 Use of Agency Workers... 4 Approval Arrangements... 4 Duration... 5 Process for Requesting an Agency Workers... 5 Timesheets and Invoicing... 6 Induction for Agency Workers... 7 Training for Agency Workers... 7 Feedback on Performance of Agency Workers... 7 Other... 7 Appendix 1: BSO Job Request Form... 8 Page 3 of 11

4 1. Introduction 1.1 A recent Audit into the use of agency workers recommended a procedure for the appointment and use of agency workers within NIGALA should be produced, to ensure there is a robust system in place and all managers and staff are aware of the process. 1.2 The employment rights for agency workers are enshrined in The Agency Workers Regulations (Northern Ireland) Agency workers are entitled to the following rights under this legislation: - From the first day of an assignment, all agency workers are entitled to access to collective facilities and amenities provided by their hirer and information on job vacancies with the hirer; - After twelve weeks in the same job, agency workers are entitled to equal treatment as if they had been recruited directly by the hirer. This includes basic terms and conditions such as: basic pay, including holiday pay and overtime, not being expected to work more hours per week than an employee, annual leave (if above your legal entitlement this may be an additional payment as part of the hourly rate or at the end of the assignment, rather than additional leave), rest breaks and rest period and being paid time off for ante-natal appointments. 2. Use of Agency Workers 2.1 Agency workers can be used within NIGALA to: Fill short term gaps in the workforce caused by the absence of permanent/ fixed term workers; As part of a managed transition in the development of new or modernised services; To staff projects or project teams which may be created on an ad hoc basis; and Other exceptional circumstances as agreed by the Senior Management Team (SMT). 3. Approval Arrangements 3.1 Approval for the use of agency workers must be obtained prior to contact with the Agency. For all levels of posts in NIGALA approval is required by the relevant Head of Department (Assistant Director/ Head of Corporate Support/ Quality Assurance & Training Manager). Page 4 of 11

5 4. Duration 4.1 The use of agency workers in NIGALA is normally to fill short term posts not exceeding six months. 4.2 Unless agreed at the outset, approval for continuing the use of agency workers must be obtained from the relevant Head of Department on a six monthly basis. 5. Process for Requesting an Agency Worker 5.1 When the need for a post to be filled by an agency worker has been identified, the relevant manager should get approval from the Head of Department. 5.2 The manager/ Head of Department will notify the Communication & HR Officer, who will complete the Job Request Form (Appendix 1). The Communication & HR Officer will be noted as the Requesting Officer on this form. It is the responsibility of the Head of Department to ensure that the necessary funds are available. Costings can be provided by the Communication & HR Officer upon request. 5.3 The completed Job Request Form is sent to BSOrecruitment.ssc@hscni.net, along with an up-to-date Job Description and Personnel Specification. The Job Description should normally be for an existing post. NIGALA must not contact the Recruitment Agencies directly; this must be done through BSO Recruitment Shared Services Centre (RSSC). 5.4 RSSC will return any incomplete Job Request Forms to the Requesting Officer before contacting the Recruitment Agency. 5.5 RSSC will contact the Recruitment Agencies on NIGALA s behalf and request CV s are forwarded to the Requesting Officer. 5.6 It should be noted that if the contracted agencies cannot provide a suitable person there is a need for a Single Tender Agreement to be completed if the overall cost is expected to be more than 5,000. This figure is cumulative and includes all staff costs. In such instances the Head of Department must seek SMT approval on any fees or rates prior to the engagement being finalised. 5.7 Upon receipt of the CV s, the Requesting Officer will forward these to the relevant manager who will determine the suitability of each candidate. The manager can invite the applicant(s) to interview and assess whether he/ she has the required skills/ competence/ experience for the role. It is the responsibility of the manager to ensure the appointment following interview is based on the merit principle. 5.8 If there is more than one suitable candidate and the manager chooses not to interview the candidates, the Agency Worker Framework should be consulted and Page 5 of 11

6 the candidate from the top ranked Agency for the relevant Lot should be appointed. The manager should discuss this with the Communication & HR Officer if unsure which Recruitment Agency is appropriate. 5.9 The manager contacts the candidate to arrange a start date and then notifies the Requesting Officer as to who has been appointed and their start date. The Requesting Officer will complete the relevant section of the Job Request Form and send this to BSOrecruitment.ssc@hscni.net prior to the agency worker s commencement date By the agreed commencement date steps should be taken to ensure all relevant authorisations, such as IT permissions and accounts, are in place. Under no circumstances should agency workers be provided with the login details of current employees to enable them to access systems Should the Agency Worker make a request for reasonable adjustments due to a disability, every effort will be made by the Agency to facilitate this request. 6. Timesheets & Invoicing 6.1 It is the responsibility of the line manager to check and approve the agency worker s timesheet. In their absence the timesheet can be checked and approved by the Communication & HR Officer or the Head of Department. 6.2 For timesheets submitted via an online system, the line manager will check and approve the agency worker s timesheet. In their absence, the timesheet can be checked and approved by the Communication & HR Officer or Head of Department. The approved timesheet should be saved and ed to the Personal Assistant responsible for invoicing. 6.3 The agency worker gives a copy of the approved timesheet to the Personal Assistant responsible for invoicing. The Personal Assistant notes the hours worked and hourly rate to be paid at on the timesheet. The hourly rate is derived from the Agency Worker Framework. 6.4 This timesheet is sent to the Recruitment Agency who generates an invoice which is sent to RSSC. RSSC process this electronically to NIGALA via FPM. 6.5 The invoice is viewed on FPM by the Personal Assistant (or Administration Manager in the Personal Assistant s absence). The hourly rate is checked and if the invoice is correct it is forwarded to the Head of Department for authorisation. 6.6 If the invoice is incorrect, it is rejected by the Personal Assistant who makes contact with the Recruitment Agency advising why the invoice has been rejected. A Page 6 of 11

7 corrected invoice is submitted by the Recruitment Agency and the steps outlined at are followed. 7. Induction for Agency Workers 7.1 The agency worker s line manager should carry out an induction with the agency worker. 7.2 An agency worker s induction will outline the process for raising concerns in relation to experiencing bullying and harassment. 8. Training for Agency Workers 8.1 It is essential agency workers are afforded time to complete all relevant mandatory e-learning ( Mandatory e-learning includes: Fire Safety Awareness; IT Security; Records Management Awareness; Data Protection Awareness; Discovering Diversity; and Freedom of Information. 8.2 Line managers should use their judgement regarding training courses for agency workers. An agency worker should be encouraged and facilitated to attend training which is necessary for them to complete their role efficiently. The core principle of equal treatment for agency workers means managers should exercise care when approving or rejecting requests for training from agency workers. Any decisions should balance the need to ensure value for money and an appropriate return on investment. 9. Feedback on Performance for Agency Workers 9.1 Feedback for agency workers need not follow the formal appraisal approach adopted elsewhere in NIGALA. That being said, the line manager is obliged to provide feedback on performance to the agency worker. This can be informal but should involve a review of past performance and objectives set for future performance. 10. Other 10.1 Agency workers should not be excluded from any team meetings which occur within the department. Page 7 of 11

8 10.2 If the agency worker is extended, no longer required or leaves, the manager will inform the Communication & HR Officer who will notify RSSC. Page 8 of 11

9 JOB REQUEST FORM APPENDIX 1 IT IS ESSENTIAL THAT THIS FORM IS COMPLETED BY A BUDGETHOLDER The fully completed form should be sent to recruitment team for process at the team address: BSOrecruitment.ssc@hscni.net REQUESTING OFFICER NAME ORGANISATION NIGALA DIRECTORATE/ DEPARTMENT BAND CONTACT DETAILS ADDRESS STAFF REQUIRED FROM THE FRAMEWORK GUIDANCE DOCUMENT- PLEASE ADVISE WHICH LOT NUMBER IS RELEVANT TO THIS REQUEST HOURS OF WORK LOCATION DATE REQUIRED FROM: TO: REASON FOR ASSIGNMENT JOB DESCRIPTION & PERSONNEL SPECIFICATION MAIN FUNCTION OF ROLE/ DEPARTMENT PROFESSIONAL REGISTRATION REQUIREMENTS REST BREAKS/ REST PERIODS/ NIGHTWORK KNOWN RISK TO HEALTH & SAFETY ACCESS NI REQUIRED Please find enclosed job description & personnel specification None Yes (Basic) Yes (Enhanced) Failure to complete all of the information required may result in this process being delayed Page 9 of 11

10 JOB REQUEST FORM INVOICING DETAILS These details must be completed in order for your Request for a Temporary member of staff to be progressed. Please tick applicable box below to confirm which invoicing address / address the invoice should be sent to: Please Tick Northern Ireland Guardian Ad Litem Agency, PO Box 1042, Ballymena, BT42 9BR X NIGALA.NONPOP@hscni.net Northern Ireland Social Care Council, PO Box1041 Ballymena, BT42 9BQ NISCC.NONPOP@hscni.net Patient and Client Council, PO Box 1050, Ballymena, BT42 9DA PCC.NONPOP@hscni.net Northern Ireland Practice and Education Council, PO Box1051, Ballymena, BT41 9DB NIPEC.NONPOP@hscni.net Regulation Quality and Improvement Authority, PO Box 1052, Ballymena, BT42 9DD RQIA.NONPOP@hscni.net Health and Social Care Board, PO Box1054, Ballymena, BT42 9DF HSCB.NONPOP@hscni.net Public Health Agency, PO Box1040 Ballymena, BT42 9BP PHA.NONPOP@hscni.net Business Services Organisation, PO Box1055, Ballymena, BT42 9DG BSO.NONPOP@hscni.net Relevant Cost Centre Approver Name (BUDGETHOLDER) Signature of Director of Finance (PHA Only) Signature of Director of HR (PHA Only) Signature of Chief Executive (PHA Only) The information provided above will be used to process the charge to the requesting department/manager and an invoice will be raised on that basis. Failure to complete all of the information required may result in this process being delayed The fully completed form should be sent to recruitment team for process at the team address: BSOrecruitment.ssc@hscni.net Page 10 of 11

11 JOB REQUEST FORM This section of the form is completed by the Line Manager and should be sent to recruitment team address below before the Agency Worker starts their assignment: AGENCY WORKER NAME AGENCY SUPPLIER CONSULTANT JOB TITLE BAND DATE REQUIRED FROM: TO: HOURS OF WORK LOCATION ORGANISATION NIGALA DIRECTORATE/DEPARTMENT IE. OPERATIONS/FPS CHARGE RATE FURTHER COMMENTS It is encumbent upon Line Managers to tell the when an Agency Worker leaves the position in order for proper records to maintained Page 11 of 11

Human Resources People and Organisational Development. Agency Workers Managers Guidelines

Human Resources People and Organisational Development Agency Workers Managers Guidelines September 2011 Revised September 2015 Contents Introduction... 3 Who is an agency worker?... 3 Using agency workers...