Secondary Employment Policy

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1 Secondary Employment Policy Controlled document This document is uncontrolled when downloaded or printed. Reference number Version 3 Author & Job Title Executive Lead WHHT: HR046 Christine Taylor, ER Team Manager and Nicky Mansfield, ER Adviser Director of Human Resources Approved by/date HR Policy Approval Group / May 2017 Ratified by Date ratified July 2017 Committee/individual responsible Issue date July 2017 Review date July 2020 Target audience Key Words Quality & Safety Group Patient & Staff Experience Committee All WHHT Staff Secondary Employment / Second Job / Bank / Agency Working Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 1 of 12

2 CONTRIBUTION LIST Key individuals involved in developing this version of the document Name Christine Taylor Nicky Mansfield Lesley Headland Vicky Houghton Approved by Committee Designation ER Team Manager ER Adviser Staffside Chair Staffside Secretary JCC Change History Version Date Author Reason 1 June 2013 Rupi Virdee and Policy Creation Helen Harper 2 May 2015 Christine Taylor Inclusion of working agency for WHHT guidelines 3 June 2017 Christine Taylor & Nicky Mansfield Out of date policy Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 2 of 12

3 Values are essential to West Hertfordshire NHS Trust as they describe the way we work and our vision to deliver the very best care for every patient, every day. Our values are at the heart of what we do and ensure we provide consistency across the Trust and within all our services. All staff must adhere to the Trust values, whatever their role or duty and incorporate the values in all the work they do for WHHT. Our values are Commitment, Care and Quality. Quality Working together to provide the best possible service we can for our patients and their families Striving to deliver best practice and best possible outcomes for all Seeking to improve what we do as an organisation and completing all activities to agreed standards Expecting ourselves and each other to produce high quality work based on evidence of what works Acting in a professional manner at all times Being part of a team that takes pride in their work and their environment Care Making sure that we consider the impact of our decisions on the care of all patients Treating everyone with kindness, compassion, courtesy and respect Listening, and communicating in a way that is clear, straightforward, effective and inclusive Recognising vulnerability and showing empathy Supporting and working with others to provide joined-up, compassionate care Caring for each other, looking after our own wellbeing and that of our colleagues Commitment Doing things that are going to make a positive difference Being dedicated, motivated and optimistic and looking to the future t being afraid to do things differently or to challenge Doing the right thing at the right time in the right place Being flexible when needed, going the extra mile and delivering on our promises Taking responsibility for personal development and performance It is every employee s responsibility to work in a way that is consistent with these values in delivering every element of their role, taking us forward in delivering our mission. Trust policies need to adhere and embed our values. Also see Trust Behaviour Standards on the Intranet for further information. Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 3 of 12

4 CONTENTS 1 Introduction 5 2 Objectives 5 3 Scope 5 4 Definitions 5 5 Roles and responsibilities 5 6 Secondary employment principles 6 7 Secondary employment authorisation process 7 8 Support Services 9 Evaluation measures monitoring and audit 9 10 References 9 11 Related policies 9 12 Review of this policy 9 13 Equality impact assessment 10 Appendix 1 Applicant flowchart Appendix 2 Current employee flowchart Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 4 of 12

5 1 INTRODUCTION The Trust recognises that as skilled employees there may be occasions when those working for the Trust would like to develop or apply their skills in a different setting by undertaking work for a different employer whilst retaining their employment at West Hertfordshire Hospitals NHS Trust. The Trust recognises that employees may wish to combine working for more than one employer as well as temporary and non-standard shift patterns available through NHSP and agency work. The Trust is committed to protecting and promoting the wellbeing of employees and therefore must be satisfied that working for another employer will not affect their performance, attendance or timekeeping in their current role. Similarly, the Trust must be satisfied that there will not be any conflict of interest from the employee working for a different employer. 2 OBJECTIVES The purpose of this policy is to clarify the terms and conditions for applicants and employees taking up secondary employment. 3 SCOPE This policy applies to all Trust employees working on permanent and / or fixed-term contracts. 4 DEFINITIONS Primary Employment The contract of employment held with the Trust. Secondary Employment Work or activity undertaken outside the service of the Trust; including: Employment on any type of contractual agreement including NHSP / locum / agency / private practice Voluntary work Self-employment 5 ROLES AND RESPONSIBILITIES 5.1 Line Manager Responsibilities To establish during the recruitment process whether a candidate has or intends to continue with any secondary employment To meet with applicants and employees to establish the parameters of secondary employment and ensure there is no adverse impact or implications for their role Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 5 of 12

6 To confirm to the employee in writing the outcome of their secondary employment application To forward completed secondary employment forms to Recruitment 5.2 Employee Responsibilities Employees must adhere to the European Working Time Regulations and take responsibility for their own health and safety and the health and safety of others; particularly with regard to ensuring they receive appropriate rest periods and breaks Applicants and employees must obtain authorisation from their line manager for any secondary employment they intend to take up or are currently undertaking Employees must complete a new secondary employment form if there are changes to their secondary employment 6 SECONDARY EMPLOYMENT PRINCIPLES 6.1 Maintaining Primary Employment Employees are responsible for ensuring that any secondary employment does not negatively or adversely affect their employment with the Trust. Any adverse impact on attendance, time keeping or performance attributable to secondary employment may lead to authorisation being declined or withdrawn, or formal action being taken. 6.2 European Working Time Directive The European Working Time Directive is intended to ensure employees receive appropriate rest breaks and periods to maintain their wellbeing. Employees must ensure that their combined total number of working hours per week (in all jobs) does not exceed the 48 hour per week limit within a 17 week reference period. They must also comply with the required rest periods and breaks. Employees who wish to work more than 48 hours per week should complete the opt-out form available on the Trust intranet. Where there is evidence of a breach of the Working Time Directive the matter will be investigated in accordance with the Trust s disciplinary policy and this could lead to a sanction up to and including dismissal. 6.3 Dual Contracts with WHHT Employees may on occasions undertake two different roles within the Trust and have multiple contracts of employment. When applying for a second role within WHHT the employee must acquire authorisation from both their current and intended line manager by following the process described in Sections 7.1 and Agency Working Employees who are registered with an agency and who are an employee of the Trust are not permitted to complete agency shifts for the Trust. To clarify, employees cannot work through an agency for any shifts being funded by the Trust. If an employee would like to work Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 6 of 12

7 beyond their contractual hours then they must do so by registering with NHSP and complete the extra hours as bank. 6.5 Employees Taking Leave from the Trust Employees who are on leave or extended periods of absence from the Trust are also required to comply with this policy. Employees should be aware that undertaking secondary employment whilst being in receipt of contractual or statutory payments from the Trust may constitute the finding of fraudulent activity against the employee under the Fraud Act (2006). 6.6 Employees on Sickness Absence Employees must not undertake work for their secondary employment if they are on sickness absence from the Trust. Employees should similarly be aware that undertaking secondary employment whilst being on sickness absence from the Trust may constitute the finding of fraudulent activity under the Fraud Act (2006). Employees should refer to the Trust s managing attendance policy for additional information regarding sickness absence. 6.7 Failure to Comply with Secondary Employment Policy Employees who fail to comply with the terms of the secondary employment policy may be subject to formal action up to and including dismissal in accordance with the Trust s disciplinary policy. 7 SECONDARY EMPLOYMENT AUTHORISATION PROCESS 7.1 Applicants to the Trust Applicants should discuss their intentions for secondary employment at interview and must complete the secondary employment form for retention on their personnel file. When a conditional offer of employment is made the letter will inform candidates of the requirement to ensure that they declare any secondary employment as part of the preemployment check process. It is the responsibility of candidates to ensure that the secondary employment form is completed and returned to Recruitment. Applicants will be asked to disclose on the secondary employment form any other work that they will perform after commencing employment with the Trust. Upon receipt of the secondary employment form the recruiting manager should arrange to discuss the proposed secondary employment with the applicant and explore the potential impact this may have on the role applied for within the Trust. This discussion should take place within 10 days of receipt of the form and if there are concerns arising from the competing demands of both employments then a meeting should be convened to explore the support that can be offered and how any adverse impact on the role may be mitigated. A representative from HR can attend the meeting if required. Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 7 of 12

8 There are a number of possible outcomes from the meeting depending on whether the secondary employment is considered to have a detrimental effect on the position applied for within the Trust: detrimental effect identified secondary employment authorised and a copy of the form placed on the candidates personnel file. Detrimental effect identified and candidate to cease secondary employment if the candidate agrees not to participate in secondary employment then they need to confirm this in writing to the Trust and end secondary employment prior to starting work at WHHT. Only upon receipt of this confirmation will pre-employment checks continue and their application be processed. Detrimental effect identified and candidate not willing to cease secondary employment conditional offer of employment withdrawn by the Trust. In all cases the recruiting manager should confirm their decision in writing to the candidate within 10 days of the meeting. In the case an offer of employment is withdrawn the reasons for this must be clearly stated. 7.2 Current Employees Where an employee intends to take up secondary employment they should seek authorisation from their line manager and complete the secondary employment form. Upon receipt of the secondary employment form the line manager should meet with the employee to discuss the potential impact on their current role. This meeting should normally take place within 10 days of receiving the request. The line manager should consider all the facts associated with the secondary employment and make a decision on whether this is likely to be detrimental to their current role. If secondary employment is authorised a copy of the completed form must be sent to Recruitment to be retained on the employee s personnel file. The outcome should also be confirmed in writing to the employee within 10 days of the meeting. If secondary employment is not authorised then the line manager should confirm the reason for their decision in writing to the employee. If an employee chooses to appeal the decision then they must do so in accordance with the appeal stage of the Trust s grievance policy. Employees are responsible for ensuring that a secondary employment form is completed for every additional job undertaken and failing to disclose may be construed as misconduct and lead to formal action being taken in accordance with the Trust s disciplinary policy. It is the responsibility of employees to complete a new secondary employment form if the terms or conditions of their secondary employment changes for instance if the number or pattern of hours worked is varied. Employees should also be aware that their shift pattern and hours with WHHT cannot be scheduled around the secondary employment. Any enquiries regarding secondary employment should be directed to the ER Team. Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 8 of 12

9 7.3 Annual Review of Secondary Employment All arrangements for secondary employment should be reviewed annually during the employee s appraisal. 7.4 Withdrawal of Authorisation There may be occasions when it is considered that secondary employment is having an negative or adverse effect on the employee s ability to perform their role at WHHT and / or attend work regularly. Similarly, it may be considered that secondary employment could disadvantage the Trust and for that reason not be appropriate e.g. due to a conflict of interest. Line managers can withdraw authorisation for employees to engage in secondary employment. Should this be necessary, the line manager should invite the employee to a meeting to discuss their working arrangements and provide them with the reasons for withdrawing authorisation as well as reasonable notice to end secondary employment. The line manager should confirm their decision and rationale in writing to the employee within 10 days of the meeting. If the employee would like to appeal the decision then they can do so in accordance with the appeal stage of the grievance policy. 8 SUPPORT SERVICES Managers need to be mindful that pressures and change can sometimes contribute to mental health issues. Indicators of stress, depression and other mental health problems need to be recognised where possible and support offered as appropriate. (Training available on Mental health first aid programme - check with Wellbeing Manager for dates). 9 EVALUATION MEASURES MONITORING AND AUDIT This policy will be communicated to all staff at local induction and via the staff intranet, communication through team briefs, managerial and departmental meetings. 10 REFERENCES n/a 11 RELATED POLICIES Managing Attendance policy Working time regulations policy Flexible working policy (incorporating career breaks) Special leave policy 12 REVIEW OF THIS POLICY This policy is expected to be reviewed within three years but if this is deemed unnecessary the policy will remain in force until such time as it is reviewed. Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 9 of 12

10 13 EQUALITY IMPACT ASSESSMENT 1. Does the policy/guidance affect one group less or more favourably than another on the basis of: Race Ethnic origins (including gypsies and travellers) Nationality Gender Culture Religion or belief Sexual orientation including lesbian, gay and bisexual people Age Disability - learning disabilities, physical disability, sensory impairment and mental health problems Marriage & Civil partnership Pregnancy & maternity 2. Is there any evidence that some groups are affected differently? 3. If you have identified potential discrimination, are any exceptions valid, legal and/or justifiable? 4. Is the impact of the policy/guidance likely to be negative? Yes/ n/a n/a 5. If so can the impact be avoided? n/a 6. What alternatives are there to achieving n/a the policy/guidance without the impact? 7. Can we reduce the impact by taking different action? n/a Comments If you have identified a potential discriminatory impact of this procedural document, please refer it to (Insert name and position) together with any suggestions as to the action required to avoid/reduce this impact. For advice in respect of answering the above questions, please contact (Insert name and position). Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 10 of 12

11 Appendix 1 Applicant Flowchart Secondary employment form forwarded to applicant as part of conditional offer of employment Applicant to complete form and return to Recruitment Secondary employment disclosed? Yes Recruiting manager to meet candidate within 10 days to discuss secondary employment Copy of secondary employment form retained on file and preemployment checks continue. Will secondary employment have detrimental effect on position applied for at WHHT? Yes Has candidate agreed to cease secondary employment? Conditional offer withdrawn Yes Candidate to confirm in writing that their secondary employment will end prior to taking up role with WHHT. Decision confirmed in writing to candidate within 10 days. Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 11 of 12

12 Appendix 2 Current Employee Flowchart Employee to complete secondary employment form and submit to their line manager Upon receipt the line manager to meet with the employee within 10 days Is secondary employment likely to have detrimental effect on role at WHHT? Yes Application not authorised Application authorised Employee to be informed of the decision within 10 days of the meeting Line manager to return completed form to Recruitment Employee can appeal using the Trust s grievance policy Author: Christine Taylor & Nicky Mansfield Review Date: July 2020 Page 12 of 12