POLICY DOCUMENT. Secondary/Other Employment Policy

Transcription

1 POLICY DOCUMENT Secondary/Other Employment Policy Owner: Director of Workforce & Education Date Created: 19/09/2007 The following fields are updated automatically: Version No: 3.0 Status: Approved Next Review Date: 01/05/2010 Approved By: Workforce Strategy Committee

2 Table of Contents 1. Document Definition References Glossary/Definitions Purpose Scope Regulatory Position Special Cases Equality Impact Statement Comments Policy Details What is Secondary Employment? The Working Time Regulations 1198 (S: 1988/1833) Secondary Employment Reporting Procedure Absence from work due to Sickness Use of Trust resources... 6 The use of trust resources i.e. phone calls, stationery, borrowing equipment, secretarial assistance is not allowed Attendance/Time Keeping Capability & Performance Responsibility and review Right of appeal... 6 APPENDIX 1- Secondary Employment Notification Form... 7 Version 3.0 Page 2 of 8

3 1. Document Definition 1.1 References Ref Number Document title Document Reference/Location 2 HRS-POL HRS-POL HRS-POL HRS-POL- 010 Attendance & Authorised Absence Policy Disciplinary Policy -Capability Working Time (Amendments) Regulations 2003 Part Time Workers legislation (Prevention of less favourable Treatment Regulation 2002) Grievance Policy Maternity, Paternity & Adoption Leave Policy Intranet Intranet Intranet Intranet 1.2 Glossary/Definitions The following acronyms are used within the document: NHS National Health Service EWTR European Working Time Regulations 1.3 Purpose The purpose of the Policy is to ensure that employees do not engage in other paid or unpaid work that may conflict with or affect their performance or attendance under their Contract of Employment with the Trust. It is also to inform and safeguard employees and the Trust from contravening legislation on working times/hours including the total hours worked and breaks between work periods and annual leave. Under the EWTR the maximum working week for any individual is an average of 48 hours per week over a 17 week period. An individual undertaking a duty period of 6 hours or more is entitled to at least 20 minutes unpaid break and this should be taken away from their work station during the period of work not at the end. This Policy replaces all previous policies, procedures and local arrangements in relation to Secondary/Other Employment arrangements. 1.4 Scope This Policy applies to all employees and prospective employees of the Trust. 1.5 Regulatory Position Version 3.0 Page 3 of 8

4 1.6 Special Cases 1.7 Equality Impact Statement Great Western Hospitals NHS Foundation Trust aims to design and implement services, policies and measures that meet the diverse needs of its service, population and workforce, ensuring that none are placed at a disadvantage over others. This document has been assessed against the Trust s Equality Impact Assessment Tool. This document has been assessed as relevant/not relevant to the duty. (*delete either relevant or not relevant, as appropriate, then remove this line). 1.8 Comments Any comments on this document should, in the first instance, be addressed to the Human Resources department. Version 3.0 Page 4 of 8

5 2. Policy Details Great Western Hospitals NHS Foundation Trust has a duty to ensure that all employees are treated fairly and equitably, and to ensure that all appropriate employment legislation is followed. Therefore it is essential that secondary/other employment is managed consistently and in the most effective, efficient and timely manner. Great Western Hospitals NHS Foundation Trust recognises that in some instances employees take on other employment with other organisations. The Trust believes that it is acceptable for employees to hold other contracts, providing it does not interfere or conflict with the duties they hold within the Trust. 2.1 What is Secondary Employment? Secondary Employment is any additional employment (including bank or private patient work) within the Trust which is over and above your substantive contracted hours (excluding overtime). Secondary employment also includes any additional work paid or unpaid, you undertake or are planning to undertake for another employer or work you may undertake as a self employed person or as a partner or director. Some examples of secondary employment are Justice of the Peace, Councillor, Non Executive Director, Voluntary Work, Shop Work, Bar Work and any kind of freelancing work based at staff member s home address - this list is not exhaustive. You will not be permitted to undertake additional work, until the Trust is satisfied that this does not conflict with the following: The interests of the Trust The performance of your normal duties Working Time Regulations requirements Please refer to Section 2.3 for pre-employment declaration and for screening for present employees undertaking or intending to under take Secondary Employment. If an employee is advised that they are not permitted to undertake/continue their secondary employment they have a right of appeal under the Trust Grievance Policy and Procedure. If you hold two concurrent posts within the Trust, you will be expected to have due regard to the needs of both posts and to treat them equally, if you plan to undertake further work either within or outside the Trust. If performance is altered or attendance is affected due to other additional work, both posts will be considered when reviewing performance and attendance. It is acknowledged that some staff carry out additional private practice work and the Trust s Private Practice Policy will cover this working practice. All employees must complete the Secondary Employment policy documentation to declare their additional work. 2.2 The Working Time Regulations 1198 (S: 1988/1833) All employees are required to comply with Trust Policy on the Working Time Regulations; including declaration of hours worked and breaks taken, completing written records if required and reporting any instances where your pattern of work may constitute a health and safety risk to yourself, patients, public or other Trust employees. Employees also have the right not to be subjected to any unlawful detriment by reporting any concerns under the Regulations. Version 3.0 Page 5 of 8

6 2.3 Secondary Employment Reporting Procedure All employees wishing to engage in Secondary employment (as outlined under Section 4) either within the Trust or externally with another employer must notify the Trust as part of their pre-employment checks or if in employment their Line Manager by completing the attached form (Appendix: 1). Existing employees will be requested to complete the Secondary Employment Notification form and it must be reviewed and signed by the Line Manager and forwarded to the Human Resources Department where it will be placed on the employees file. If it is deemed that the Secondary Employment is against the interests of the Trust, then agreement is likely to be declined. (Refer: 2.1) Failure to comply with the above procedure may result in disciplinary action. Please refer to the Trust Disciplinary Policy and procedure for details. It is the employee s responsibility to notify their line manager immediately in writing if the secondary employment ceases or changes i.e. the number of hours worked or pattern of shifts. A copy of the completed Secondary Employment Notification Form should be sent to the Occupational Health Department, so the employee s medical record can be updated. 2.4 Absence from work due to Sickness Employees must no undertake Secondary/Self Employment while they are unfit for work with the Trust. It is fraudulent to be in receipt of sick pay from the Trust and at the same time engaging in Secondary Employment (paid/unpaid) and will be investigated in accordance with the Trust s Fraud and Corruption Policy and/or Disciplinary Policy. 2.5 Use of Trust resources The use of trust resources i.e. phone calls, stationery, borrowing equipment, secretarial assistance is not allowed for secondary employment purposes. 2.6 Attendance/Time Keeping Any adverse impact on attendance and or time keeping attributable to secondary employment will be investigated under the Trust s Disciplinary Policy. 2.7 Capability & Performance Where an employee undertakes secondary employment, it is their responsibility to ensure that their performance in their primary post is not affected. Any adverse impact on performance attributable to secondary employment will be investigated under the Trust Management & Performance Policy & Procedure. 2.8 Responsibility and review This policy will be reviewed on an annual basis and in line with current legislation by the Human Resources Department in conjunction with the Employee Partnership Forum and will be ratified by the Workforce & Education Strategy Group. 2.9 Right of appeal Cases of dispute with the application of this policy should be resolved through the Trust s Grievance policy. Version 3.0 Page 6 of 8

7 APPENDIX 1- Secondary Employment Notification Form Please complete and forward to the Human Resources Department where it will be kept on your personal file. Personal Information Name: Primary Employment Position: Line Manager: Type of Contract: Grade: No. of hrs worked: Over how many days: Secondary Employment Information Name of Employer: Line Manager: Type of Contract: (Full/Part Time/Honorary/Voluntary/Other) Start date/ Proposed start date : No. of hrs worked: Over how many days: Nature of Work (Brief description of duties and responsibilities) Please list any further Employments details below: Name of Employer: Line Manager: Type of Contract: (Full/Part Time/Honorary/Voluntary/Other) Start date/proposed start date: No of hrs worked: Over how many days: Nature of Work (Brief description of duties and responsibilities) Name of Employer: Line Manager: Type of Contract: (Full/Part Time/Honorary/Voluntary/Other) No of hrs worked: Over how many days: Version 3.0 Page 7 of 8

8 Start date/proposed Start Date: Nature of Work (Brief description of duties and responsibilities) Additional Information Have you any reason to believe that there will be instances where your Secondary Employment will conflict with your work at the trust? (Conflict in this instance is taken to mean a conflict in time and a conflict where the performance of your duties at the Trust may be affected). Please circle as appropriate : YES NO If yes, please give details: I confirm that I have read and understood the Secondary Employment Policy and that the above information is correct, further, the Secondary Employment in this instance will not have a detrimental effect on my work at the Trust. I will inform my Line Manager if there are any changes to the above. I understand that false information given with regard to this Policy could be treated as fraudulent and will be dealt with in accordance with the Trust s Fraud and Corruption Policy and/or Disciplinary Policy. Employees Signature Date: Print Name I agree/ do not agree to the employee taking on Secondary Employment in accordance with the above information. Please state below the reason(s) for not agreeing to the Employees Taking on Secondary Employment and I confirm that the reason(s) have been discussed with the employee. Line Managers Signature: Date: Print Name Office Use Actioned Copy: Occupational Health Department for Employees Medical records: Date & Initials: Employee Services Department: Date & Initials: Version 3.0 Page 8 of 8