NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST PUBLIC DUTIES LEAVE POLICY. Documentation Control

Transcription

1 NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST PUBLIC DUTIES LEAVE POLICY Documentation Control Reference HR/WLB/003 Approving Body Director of Human Resources Date Approved 07 Implementation Date 07 Summary of Changes from No changes to the content Previous Version Format of the policy updated Supersedes Version 4 February 204 Consultation Undertaken Divisional HR Leads / Advisors Pay Services Staff Side NUH Policy Sub Group Directors Sub Group Date of Completion of see separate template Equality Impact Assessment attached at Appendix Date of Completion of We see separate template Are Here for You attached at Appendix 3 Assessment Date of Environmental Impact Assessment (if applicable) Legal and/or Accreditation Implications Target Audience see separate template attached at Appendix 2 Not applicable Review Date March 209 Lead Director All employees and Managers Director of Human Resources Author/Lead Manager Jody Steemson HR Manager Extension 7638 Further Guidance/Information Divisional HR Leads / HR Advisors

2 CONTENTS Paragraph Title Page. Introduction 4 2. Executive Summary 4 3. Policy Statement 4 4. Definitions (including Glossary as needed) 4 5. Roles and Responsibilities 5 6. Policy and/or Procedural Requirements 6 6. Time off for Public Duties 6.2 Volunteer Reserve Forces 6.3 Jury Service 7. Training, Implementation and Resources 9 8. Impact Assessments 9 9. Monitoring Matrix 0. Relevant Legislation, National Guidance 2 and Associated NUH Documents Appendix Equality Impact Assessment 3 Appendix 2 Environmental Impact Assessment 6 Appendix 3 Here For You Assessment 8 Appendix 4 Certification Of Employee Awareness 2 2

3 .0 Introduction..2 The Trust recognises its responsibility to put in place a range of practical arrangements that support staff where they have chosen to undertake public duties in addition to their employment. The Trust is committed to support employees who choose to undertake public duties. In making support provisions, the Trust must ensure that a high quality service is maintained. 2.0 Executive Summary 2. The Nottingham University Hospitals NHS Trust acknowledges the importance of staff involvement in public duties. It is the intention of the Trust to provide reasonable support to those employees choosing to carry out these duties in addition to their roles in the Trust. Applications must be made for time off to attend duties to managers. Managers may authorise appropriate time off for public duties as detailed in this policy. Managers must record all time taken appropriately within staff records and e-rostering. 3.0 Policy Statement The provisions within this policy are in line with the Employment Rights Act 996, the governing legislation for the right to time off for public duties. The Policy covers all employees of the Trust. 4.0 Definitions 4. Definitions of Public Duties The following public duties are covered by this policy as governed by the Employment Rights Act 996: 3

4 Justice of the Peace Member of a local authority Member of a police authority Member of a statutory tribunal Member of the governing body of an educational establishment Member of a relevant health body Member of a board of prison visitors or a prison visiting committee Member of the Environment Agency 4.2 In addition to those defined above, this policy also cover s the duties related to the Territorial Army and Jury Services. The Trust will also consider supporting staff to respond to humanitarian disaster. 5.0 Roles and Responsibilities 5. Director of Human Resources will: Ensure the development and implementation of appropriate guidance to support the provision of public duties leave. 5.2 Managers will: 5.2. ensure that effective and efficient services to patients and service users are maintained ensure that their staff are aware of this policy and the support provisions available to those who undertake public duties apply the guidance in an effective, fair and consistent manner. 5.3 Employees will: 5.3. ensure that effective services to patients and service users are maintained raise with their manager the prospect of involvement in public duties including an outline of the level of time off required for the performance of those duties. 4

5 6.0 Policy and/or Procedural Requirements 6. Time off for Public Duties 6.. The Trust is required to grant reasonable time off for any of the duties of Justice of the Peace and, as regards membership of the above bodies, to: Attend meetings of the body or any of its committees or subcommittees; Perform duties approved by the body The Trust may authorise up to 8 days of Public Duties Leave with pay (based on full time employees, adjusted pro rata for part time employees) during each leave year for those duties covered in Managers have the discretion to approve unpaid time off in addition to the above where appropriate Managers have the discretion to approve unpaid time off in addition to the above where appropriate All requests for leave regarding the undertaking of public duties, regardless of whether the leave is paid or unpaid, must be submitted in writing to the line manager. Requests should be submitted at least six weeks ahead of a planned commencement date Appointment to any of the public bodies listed in section 4. must be notified in writing to the line manager. Staff are advised to discuss the possibility of appointment with their manager, giving as much notice as possible When deciding whether to grant paid and/or unpaid Public Duties Leave and the amount of leave granted, managers must take account of the following factors: The time off required for the performance of the duties of the office or as a member of the body in question, and how much time is required for the performance of the particular duty; 5

6 How much time off the employee has already had for public duties The impact on service provision, ensuring that there is no detrimental effect on patients and service users 6..7 The provision of paid and/or unpaid Public Duties Leave should be reviewed between the member of staff and their line manager on an annual basis taking account of the above factors. 6.2 Volunteer Reserve Forces 6.2. The Volunteer Reserve Forces consist of the Royal Naval Reserve, Royal Marines Reserve, the Territorial Army and Reserve Air Forces Any employee who is a member of the Volunteer Reserve Forces is entitled to eight days paid leave (based on full time employees, adjusted pro rata for part time employees) to attend annual training camps. If additional time is required, this is taken as either annual leave or unpaid leave. The maximum continuous obligatory training commitment for those in the Volunteer Reserve Forces is 6 days. The member of staff must give, to their line manager, as much notice as possible of their requirement to attend a continuous period of obligatory training The Trust is required to release employees from their duties if called up (mobilised) for service with the Regular Forces. This is taken as unpaid leave and will generally be covered by the Employment Break Scheme found within the Trust s Work-life Balance Policy and Procedures. Employees should inform the Trust as soon as possible of this request No employee should accept High Readiness Reserves liability before consent has been given by the Trust The Trust has links with all the Volunteer Reserve Forces. There is a liaison role between the Trust and the Reserve Forces within Human Resources. For further details on becoming a Volunteer Reservist, please contact Human Resources. 6.3 Jury Service 6

7 6.3. Employers are not under a legal obligation to pay staff while on Jury Service In order to ensure that the employee does not miss out on pay they must follow the following procedure: Inform their manager immediately that they receive their summons - the manager can then contact Pay Services where they are unsure of the process to follow The employee should request the appropriate form from the courts and give it to Pay Services who will verify the loss of earnings and provide guidance as appropriate The individual will then claim the loss of earnings from the court Pay Services will continue to pay the employee s pay while they are on Jury Service, on the understanding that the employee will reclaim loss of earnings from the courts. This must be re-paid to the Trust by the employee as soon as the courts have reimbursed them for their loss of earnings. The individual will need to provide evidence of payment received by the court and take this to Pay Services who will then re-calculate their pay accordingly. Staff are therefore paid by the courts. Any shortfall between the allowance paid by the courts and an employee s earnings will be paid by the Trust so that an individual s total earnings are maintained while on jury service Where an employee receives regular paid supplements, their total earnings including re-imbursement received by the court, during jury service will be based on what the employee would have received had he/she been at work. This will be based on a reference period of the previous three months at work. The Trust is unable to request that staff have their jury service deferred. 7.0 Training and Implementation 7

8 7. Training There is no training for this policy. Managers and staff may seek advice from Human Resources in the case of a query. 7.2 Implementation This policy will be included in the Trust Policy Document Library for reference by staff as appropriate. 7.3 Resources No additional resources are required. 8.0 Trust Impact Assessments 8. Equality Impact Assessment An equality impact assessment has been undertaken on this policy and has not indicated that any additional considerations are necessary. 8.2 Environmental Impact Assessment An environmental impact assessment has been undertaken on this policy and has not indicated that any additional considerations are necessary. 8.3 Here For You Assessment A We Are Here For You Assessment impact assessment has been undertaken on this policy and has not indicated that any additional considerations are necessary. 8

9 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 Not applicable 9

10 0.0 Relevant Legislation, National Guidance and Associated NUH Documents 0. The provisions within this policy are in line with the Employment Rights Act 996, the governing legislation for the right to time off for public duties. 0

11 Insert templates of relevant impact assessments (page break after each) APPENDIX Equality Impact Assessment (EQIA) Form (Please complete all sections) Q. Date of Assessment: 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 Race and No N/A N/A Ethnicity Gender No N/A N/A Age No N/A N/A Religion No N/A N/A Disability No N/A N/A Sexuality No N/A N/A c) Please state any barriers that still need to be addressed and any proposed actions to eliminate inequality

12 Pregnancy and No N/A N/A Maternity Gender No N/A N/A Reassignment Marriage and No N/A N/A Civil Partnership Socio-Economic No N/A N/A 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? N/A Q4. What data or information did you use in support of this EQIA? N/A 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? No. 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 groups What By Whom By When Resources required 2

13 Q7. Review date March 209 3

14 Environmental Impact Assessment APPENDIX 2 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 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) Action Taken (where necessary) No No No 4

15 Air Energy Nuisances Is the policy likely to result in the introduction of procedures and equipment with resulting emissions to air? (e.g. use of a 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? Does the policy result in an increase in energy consumption levels in the Trust? (estimate quantities) Would the policy result in the creation of nuisances such as noise or odour (for staff, patients, visitors, neighbours and other relevant stakeholders)? No No No 5

16 APPENDIX 3 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. 6

17 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. 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 2 7

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19 APPENDIX 4 CERTIFICATION OF EMPLOYEE AWARENESS Document Title Version (number) 5 Version (date) 07 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 Division/ Directorate 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 Directorates - 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. 9