Item 9.1.1 HUMAN RESOURCES FIXED TERM CONTRACT POLICY Policy Manager Christopher Smith Policy Group Fixed Term Contract Policy Group Policy Established Last Updated May 2013 Policy Review Period/Expiry August 2016 This policy does apply to Medical/Dental Staff Uncontrolled When Printed 1
Fixed Term Contract Policy Version Control Version Number 1.0 1.1 Purpose/Change Author Date Version Control was introduced in July 2011 and the previous versions of this policy, prior to this date are available in the Electronic Document Store. Reviewed due to minor changes in PIN Use of Fixed-Term Contracts within NHSScotland PIN Policy November 2011 Published January 2012. Christopher Smith David McFarlane May 2013 2
Contents Page number 1. Purpose and Scope 5 2. Statement of Policy 5 3. Principles and Values 5 4. Procedure for Use of Fixed Term Contract 6 4.1 Recruitment 6 4.2 Review of Fixed Term Contract 7 4.3 Renewal of Fixed Term Contract 7 4.4 Continuous Fixed Term Employment 8 4.5 Expiry of Fixed-term Contract 8 4.5.1 Process 8 4.5.2 Right of Appeal 9 4.5.3 Exit Support 9 5. Conditions of Service 10 6. Monitoring and Measuring Success 11 7. Grievances 11 8. Review of the Policy 11 Appendix 1: Risk Assessment / Review Framework (Individual or Group) 12 Appendix 2: Model Invitation to Meeting Confirming Expiry of Fixed Term Contract 13 Appendix 3: Model Renewal of Fixed Term Contract Letter 14 Appendix 4: Model Confirmation of Expiry Letter 15 Appendix 5: Training Plan Fixed Term Contract Policy 16 Appendix 6: Policy Approval Checklist 17 Appendix 7: Equality and Diversity Impact Assessment 18 3
FLOW CHART: FIXED TERM CONTRACT Consideration must be given to using a permanent contract (paragraph 4.1) Recruitment to a fixed-term post must clearly define the length and the reason for the fixed-term contract (4.1) Extension to fixed-term contract offered. (4.3) Contract reviewed with employee mid-term (4.2) No change to fixed-term contract Renewal resulting in permanent contract (4.4) Expiry satisfies criteria for redundancy (4.5.4) Expiry Does NOT satisfy criteria for redundancy (4.5.4) 104 weeks or more of continuous NHS employment Less than 104 weeks of continuous NHS employment Write to the employee inviting to a meeting to discuss expiry of the fixed term contract (4.5.1) ----14 weeks prior to expiry Meet with the employee at least 12 weeks prior to expiry of the fixed term contract (4.5.1) ----12 14 weeks Write to employee confirming the outcome of the meeting and right of appeal. ----12 weeks Arrange for employee's details to be entered on the Skills Register 6 weeks---- Write to the employee inviting to a meeting to discuss expiry of the fixed term contract (4.5.1) Suitable alternative post accepted Suitable alternative post rejected No alternative post offered Meet with the employee at least 4 weeks prior to expiry of the fixed term contract End of contract. No redundancy payment. End of contract. Redundancy payment in accordance with AFC Handbook or Medical and Dental terms and conditions 4 weeks---- 4 Write to the employee confirming the outcome of the meeting and right of appeal. Arrange for employee s details to be entered on the Skills Register End of contract
1. Purpose and Scope This policy applies to all individuals who work under a contract of employment, the nature of which is fixed term. This policy does not apply to: training contracts (including junior medical staff); agency workers; bank workers; permanent employees seconded or acting into fixed term posts; employees on apprenticeships; and students on work experience placements of one year or less that they must do as part of a higher education course The purpose of this policy and procedure is to: provide clear principles and values which will govern the appropriate use of fixed term contracts; ensure compliance with legislation on the employment of people on fixed term contracts; clarify the circumstances in which the use of fixed term contracts may be appropriate; provide a procedure for dealing with fixed term contracts which is fair and equitable, and have both the interests of the employee and the effective operation of the service as its goals; and ensure all steps are taken to prevent less favourable treatment of people on fixed term employment contracts; 2. Statement of Policy All employees within NHS Tayside are valued for the contribution they make to the service, regardless of their contractual status. NHS Tayside is committed to using permanent contracts of employment as the norm, with fixed term contracts only being used where necessary and appropriate. Furthermore, [name of organisation] is committed to treating those employed on fixed term contracts no less favourably than its permanent employees (unless this can be objectively justified). The Staff Governance Standard states that NHSScotland staff should be treated fairly and consistently, and NHS Tayside is expected to review its use of fixed term contracts in order to be able to demonstrate that fixed term contracts are only used within the organisation where necessary and appropriate. This policy has been developed in partnership with local trade union/professional organisation representatives. It reflects the best practice identified in, and meets the minimum standards set out in, the Fixed Term Contracts Partnership Information Network (PIN) Policy. The policy also reflects relevant current employment legislation. 3. Principles and Values NHS Tayside is committed to: restricting the use of fixed term contracts to occasions where there is a clear business need to do so, in line with the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002; 5
ensuring that all fixed term contracts have a start and end date or specific duration, and contain the same core contractual terms and conditions of employment as comparable permanent staff in line with the legislative framework; reviewing and monitoring the use of fixed term contracts in partnership with staff representatives in line with the principles of staff governance; ensuring there is a framework of regular communication with individual fixed term members of staff to discuss issues surrounding their employment status and address any areas of concern; complying with all relevant circulars issued by the Scottish Government and statutory legislation. ensuring that, by implementing all of the above, all fixed term employees feel valued as employees; have equal access to development opportunities that meet their identified needs; have a clear understanding of the current and future status of their post; and promoting adherence to these principles and values by partner agencies. 4. Procedure for Use of Fixed Term Contracts A fixed term contract is a contract of employment: which is for a specific term that is fixed in advance; or which terminates automatically on the completion of a particular task; or which terminates automatically upon the occurrence or non-occurrence of any other specified event (other than age-retiral of the employee or breach of the contract arising from the conduct of the employee) In certain exceptional circumstances, fixed term contracts may be a valuable tool to enable employers to cover gaps in essential services, thus enabling consistent standards of service to be maintained. Such contracts must be time limited and individuals should not be more than two years in fixed term employment unless there is an objective justification to any extension. Any planned extension beyond 104 weeks of fixed term employment must be authorised explicitly by the relevant General Manager or Directorate/Board equivalent. Circumstances where fixed term contracts might be used include: protecting posts for staff due to organisational change, for example, restructuring or re-provisioning of services; covering leave, for example to cover sickness absence; maternity leave; study leave; special leave; project or research posts; filling non-recurring funded posts; or backfilling secondments. 4.1 Recruitment Where a service need exists, consideration must first be given to using a permanent contract. To assist in this process a risk management assessment should be applied which allows managers to make an informed decision as to whether a permanent appointment can be made (see Appendix 1). If a fixed term contract is to be used it is essential that 6
recruiting managers ensure that funding is available for the duration of the contract. These costs may vary pre and post appointment to the fixed term post. Factors that may affect these costs include previous NHS employment. Where a fixed term post is required as a result of non recurring funding, agreement should be reached in advance with the funding body that any exit costs associated with the non-renewal of the fixed term contract will be covered by the funding body or, alternatively, posts will be offered for a lesser period to ensure that funding is sufficient to cover any exit costs. If risk assessment identifies that a fixed term contract would be appropriate, managers should approach the recruitment to such a post in a responsible and consistent manner. They must clearly define the period the job is to last and the reason for the fixed term nature of the position. The fixed term nature of the post should be clearly evident in the advertisement, job information package, letter offering employment, and subsequent contract of employment. It should also be discussed at interview. The following paragraph should be inserted as appropriate: This contract is for a fixed term until {date/duration}. The reason for the fixed term contract is {reason}. 4.2 Review of Fixed Term Contract Staff on fixed term contracts will have their position reviewed mid-term and thereafter at regular intervals as appropriate. In cases where the fixed term contract is to cover shortterm gaps in essential services, the review, renewal or reminder of the expiry of the contract shall be with as much notice as can be reasonably and realistically achieved within the duration of the contract. The manager must discuss the outcome of the review directly with the employee and confirm this outcome in writing. There are three options which may arise during such discussions: 1) There is a requirement to extend the length of the contract. Where there is an objective justification for extending the contract, the process for renewal of a fixed term contract as detailed below at 4.3, will be followed. 2) Renewal resulting in a permanent contract of employment. If the post is to become permanent, this may need to be advertised depending on the reason for the change to the contract s status, for example, if there is a substantive change to the nature of the post. If the post has been renewed successively, it may also become permanent without the need to advertise. The process detailed in 4.4 will be followed 3) No change in the plans and expectations of the fixed term nature of the contract. The contract will run for the duration originally specified, with the process for non-renewal as detailed below at 4.5. 4.3 Renewal of Fixed Term Contract Where there is a service need and organisational justification for extending the contract, the manager should secure authorisation from the General Manager or Directorate/Board equivalent and agreement from the employee for the fixed term contract to be renewed. The manager will 7
then arrange for a variation to the contract of employment to be issued to the employee using a notification of change form which specifies the date of the meeting at which the contract was extended, the new expiry date, and the reason for a fixed term contract. A model letter confirming the renewal of a fixed term contract is included at Appendix 3. Notice of the renewal of the contract must be at least four weeks before the expiry of the contract. There should normally be no more than two contract renewals in any one-year period of employment, with objective justification being necessary for any more renewals. Managers must also be mindful of the legislation which applies with regard to the use of successive fixed term contracts. Individuals with a succession of fixed term contracts of over four years will be entitled to permanent contractual status under employment law, unless this can be objectively justified. (see 4.4) 4.4 Renewal resulting in a Permanent Contract of Employment NHS Tayside is committed to appointing onto a permanent contract fixed-term employees who have continuous service of more than 104 weeks (within successive fixed term contracts) where the following criteria are all met in full: the member of staff has held fixed term contracts consecutively which were used to protect posts for permanent staff due to planned organisational change, service reconfiguration or redeployment; and the member of staff has been continuously employed for 104 weeks or more; and recurring funds for the post beyond the 104 week period exist, which can be used to retain the member of staff, or a positive risk assessment has been carried out to establish the impact on the organisation should it be non-recurring funding. Additionally, in line with UK legislation, in circumstances where an individual is engaged on a single contract that is renewed or extended, or on successive fixed term contracts, for a period of four years or more, they will be entitled to permanent employment unless otherwise objectively justified. In circumstances in which permanency of employment cannot be offered within a particular role, but where continuation of the fixed term contract cannot be objectively justified, the employee will be deemed to have a permanent contract with NHS Tayside, being subject to redeployment in the same way as any other displaced permanent employee when the fixed term post comes to an end. 4.5 Non-Renewal of Fixed Term Contract 4.5.1 Process Ending employment for a fixed term member of staff must be handled in the same way as for a permanent employee. A staff member on a fixed term contract has the same rights as a permanent member of staff for example, the right not to be unfairly dismissed, the right to notice on termination (if this is before a specified fixed term contract expires) and the right of appeal against dismissal. Where it is known that an employee s fixed term contract will not be renewed upon expiry, the relevant manager with the authority to dismiss must meet with the employee. The employee will have the right to be accompanied at the meeting by a representative of their trade union/professional organisation or a work colleague. See Appendix 2 for an example of a letter of invitation to this meeting. 8
This meeting should ideally take place three months prior to the expiry date of the fixed term contract (and no later than the contractual notice period). At this meeting the following will be discussed: To confirm that the fixed term contract will not be renewed and to serve the employee with notice that their contract will be terminated upon expiry of the fixed term; To confirm the grounds for non-renewal of the fixed term contract (which must be for a legitimate reason capability or conduct issues, for example, would not be legitimate grounds for non-renewal); To advise the employee that they will be placed on the NHS Tayside Skills Register and to discuss the redeployment process. The employee should be advised that they will remain on the Register until the date of the end of the fixed term contract; To confirm, where appropriate, any redundancy payment which will apply should suitable alternative employment not be obtained; To advise the employee of their right of appeal; and To discuss any other matters in preparation for the termination date. The member of staff should have the opportunity to respond and present a case that might influence the decision to terminate the contract. If there is any doubt on the validity of the reason for terminating the contract, then further information or clarification will be sought before confirming the position. If further investigation is required this should be carried out as quickly as possible. The outcome of the meeting must be confirmed in writing, including details of the reason why the contract is not being renewed. See Appendix 4 for an example of a letter confirming expiry of a fixed term contract. Please note that this letter includes the right to appeal (see 4.5.2 below). If the fixed term contract expires, but the employee continues to work and be paid, then a permanent contract will be formed. 4.5.2 Right of Appeal When a fixed term contract is not renewed, the termination is classified in law as a dismissal. Any appeal should be lodged with the next appropriate manager within 10 calendar days of receiving the letter confirming the expiry of the contract. The manager will have issued this letter at least four weeks before the expiry date of the contract. The decision of the appeal panel, will be binding with no further right of appeal. The procedure for the appeal hearing will be in accordance with that outlined in the NHS Tayside Employee Conduct Policy. 4.5.3 Redeployment In the case of non-renewal of a fixed term contract upon expiry (irrespective of the reason for the fixed term contract), access will be granted to redeployment vacancies, in line with the NHS Tayside s Skills Register Protocol, no earlier than three months and no later than running concurrent with the employee s notice period. It should be noted that this policy goes beyond the legal obligation to explore suitable alternative employment in circumstances where the non-renewal of a fixed term contract meets the definition of redundancy (see 4.5.4), as access to redeployment is granted in all instances of non-renewal of a fixed term contract. 9
Where more than more than one member of staff is deemed appointable to a post through redeployment, then prioritisation should be given depending upon the reason for displacement from the original post Reasonable time off will be given by the manager for the employee to attend interviews during the above period. If the employee has not secured an alternative post prior to the end of their notice period, their employment will be terminated as per the earlier meeting. 4.5.4 Termination Which Meets the Definition of Redundancy If a fixed term contract is not renewed because the need for employees to carry out work of a particular kind has ceased or diminished, the dismissal is likely to be by reason of redundancy. Where a fixed term employee is dismissed by reason of redundancy, they are entitled to all redundancy rights, including redundancy pay, if they have the necessary length of service (104 weeks). This does not mean, however, that there is a redundancy situation every time an employee s fixed term contract ends. For example, if an employee is covering for an absent permanent employee (e.g. maternity leave, secondment of substantive postholder), the reason for the contract ending is not redundancy as the need for someone to perform that kind of work has not ceased or diminished. In circumstances where the termination of a fixed term contract meets the definition of redundancy the following additional requirements apply in order to ensure that the fixed term contract is ended safely: Where an employee has been unable, as at the termination date, to obtain suitable alternative employment, their contract will be terminated as detailed above. Additionally, however, where they have more than 104 weeks continuous service, they will be entitled to a redundancy payment in line with Agenda for Change Terms and Conditions or Medical and Dental Terms and Conditions. Previous NHS service will count as reckonable service for the payment due where there has been a break of less than 12 months and redundancy has not previously been payable for any part of that service. Depending on the difference in terms and conditions, and therefore whether any alternative employment opportunity is deemed suitable, NHSScotland organisational change protection of earnings will apply. An employee may choose to apply for, and accept, an alternative post where the difference in terms and conditions is such that protection of earnings will not apply. In such circumstances, the employee should be advised that, if they choose to accept such a post, they will forfeit any entitlement to a redundancy payment which would otherwise apply should their employment be terminated on grounds of redundancy and with no suitable alternative employment opportunities having been identified. Employees should be advised that, should they unreasonably fail to consider suitable alternative employment opportunities which may arise or to accept any such post offered, they may forfeit any entitlement to a redundancy payment. 5. Conditions of Service Employees on fixed term contracts of employment should have the same contractual terms and conditions of employment as comparable employees in their organisation. Any differences must be 10
capable of objective justification, for example, where the condition may not reasonably or realistically be met within the expected duration of the contract. 6. Monitoring and Measuring Success The success of the policy and procedures on the appropriate use of fixed term contracts will be measured through: quantitative data (numbers of fixed term contracts); qualitative data (reasons for fixed term contracts); This information will be monitored within each service area and by the Area Partnership Forum. 7. Grievances Any employee who feels aggrieved in the application of this policy during employment should raise their concerns through the NHS Tayside Grievance Policy. 8. Review of the Policy This policy will be reviewed at least every three years through the organisational policy review mechanism. 11
Appendix 1 Risk Assessment / Review Framework (Individual or Group) Any success in reducing fixed term contracts depends on robust workforce planning processes. The following checklist may help managers to identify if fixed term contracts are necessarily the most appropriate means of filling a post. By completing the risk assessment process, managers will be able to make an informed decision as to whether a permanent appointment can be made. Managers should also use this risk assessment process to review the status of fixed term contracts periodically, to see if it might be possible to make the post permanent. The local health plan, with its associated workforce and learning plans, will identify areas of recruitment and retention difficulty. The planning process will allow managers to look at issues beyond their own service boundaries and take a more corporate and proactive approach to ensure best practice in staff recruitment and retention, using fixed term contracts as appropriate. In weighing up these factors, managers should apply their knowledge of their service and any recruitment and retention issues which are unique to their area. The following points are core but managers may wish to include additional points to suit local circumstances. Turnover for staff group Vacancy factor Average time to fill posts Contributory factors e.g. geography, market, and contract duration Ability to recruit Proposed service developments Impact on service of failure to recruit Secondment opportunity Cost of post/financial impact Consideration of clinical and corporate risk Continuous NHS employment and potential redundancy costs 12
Appendix 2 Model Invitation to Meeting Confirming Expiry of Fixed Term Contract NHS Tayside Logo [Employee s Name] [Address] [Address] Dear [Name] Expiry of Fixed Term Contract of Employment As you are aware, you commenced fixed term employment with NHS Tayside on [date]. The reason for the fixed term contract was [reason] and in accordance with the letter of appointment/contract of employment issued to you on [date] your fixed term contract will expire on [date]. You are therefore invited to attend a meeting on [date] at [time] within [venue]. The purpose of this meeting is to discuss the termination of your employment on [date] or an extension to your fixed term contract or an offer of a permanent contract. The reason for the termination of your contract is that [reason]. e.g. o you were employed to cover maternity leave/paternity leave/a period of staff absence/a secondment etc and the individual has now returned/is returning to work o the funding/grant for the work you were employed to carry out has not been renewed o the project that you were employed to undertake has been completed *You may wish to be accompanied by a trade union representative or work colleague, however please note that it is your responsibility to arrange this. I hope the above is clear, however, should you have any queries, please do not hesitate to contact me on the above number. Yours sincerely [Manager s name] [Job Title] 13
Appendix 3 Model Renewal of Fixed Term Contract Letter NHS Tayside Logo [Employee s Name] [Address] [Address] Dear [Name] Renewal of Fixed Term Contract I refer to your recent meeting with [manager s name] on [date], and write to confirm the offer to renew your fixed term contract of employment. The contract will be extended to [date] under the same terms and conditions. The reason for the contract renewal is [as per notification of change form]. Please confirm your acceptance of this offer by signing the form below and returning this letter to me. I have also enclosed a copy of this letter for your own records. Yours sincerely [Name] [Job Title] Renewal of Fixed Term Contract I accept this offer to extend the fixed term contract for a further period to [new expiry date]. I confirm that I regard the contract, extended in this way, to be a fixed term contract for the complete period from [original start date] to [new expiry date]. Name (block capitals please). Signature 14
Appendix 4 Model Confirmation of Expiry Letter NHS Tayside Logo [Employee s Name] [Address] [Address] Dear [Name] Expiry of Fixed Term Contract of Employment I refer to our meeting of [date] and now write to confirm that your employment with NHS Tayside will terminate on [date], on the expiry of your fixed term contract. The reason for the fixed term contract was [reason] and the date of expiry was set out in your letter of appointment/contract of employment, dated [date of issue]. As discussed, you will now be granted access to redeployment vacancies, in line with the NHS Tayside s Skills Register Protocol. You will be placed on the Skills Register by the NHS Tayside Staff Deployment Group on receipt of the completed form provided to you at our meeting. Where you have been unable, as at the termination date, to obtain suitable alternative employment, your contract will be terminated as detailed above. Should you wish to appeal against the termination of your contract, please do so by writing to [person] within 10 calendar days of receipt of this letter. I would like to take this opportunity to thank you for you commitment and support during your contract with us and to wish you all the very best for the future. Yours sincerely [Manager s name] [Job Title] 15
Appendix 5 TRAINING PLAN FIXED TERM CONTRACT POLICY WHAT IS THE TRAINING? o o o Policy Awareness sessions to be delivered across NHS Tayside by local Workforce teams Policy Group will develop material to support delivery Awareness sessions will be tailored to reflect identified learning needs WHO REQUIRES TO BE TRAINED? o o o All line managers involved in recruitment and the management of staff contracts All HR staff involved in recruitment and management of staff contracts Awareness sessions will be delivered on the basis of locally identified learning needs WHEN WILL BE TRAINING BE DELIVERED? o Continual, based on emerging learning needs eg newly appointed managers, staff development 16
Appendix 6 NHS TAYSIDE - POLICY APPROVAL CHECKLIST This checklist must be completed and forwarded with policy to the appropriate forum/committee for approval. Policy Area: (See Intranet Framework) Human Resources Policy Title: Fixed Term Contract Policy Lead Officer: Director of Human Resources To support NHS Tayside in using fixed term Why has this policy been developed? contracts in a responsible and appropriate manner and in accordance with the Fixed Term Employees Regulations 2002 and NHS Scotland PIN Guideline Has the policy been developed in accordance with Yes - Fixed Term Employees Regulations 2002. or related to legislation? Please give details of applicable legislation. Has a risk control plan been developed? Who is Risk control plan not required the owner of the risk? Who has been involved/consulted in the Fixed Term Policy Group development of the policy? Has the policy been assessed for its impact in Has the policy been assessed not to terms of discrimination: disadvantage people from the following groups: Racial Gender Age Disability Religion/Faith Sexual Orientation Yes Yes Yes Yes Yes Yes Minority Ethnic Communities (includes Gypsy / Travellers, Refugees & Asylum Seekers) Women and Men Religious/Faith Groups Disabled People Older People Children and Young People Yes Yes Yes Yes Yes Yes Is there an implementation plan? Lesbian, Gay, Bisexual & Transgender Community YES Which officers are responsible for All Managers and Appointing Officers, implementation? When will the policy take effect? Immediately Who must comply with the policy? All Staff How will they be informed of their responsibilities? Contract of employment, Induction, training, Intranet Yes Is any training required? If yes, has any been arranged? YES YES Are there any cost implications? NO If yes, please detail costs and note source of funding Who is responsible for auditing the Area Partnership Forum implementation of the policy? What is the audit interval? 3 years Who will receive the audit reports? Area Partnership Forum When will the policy be reviewed and by whom? Policy Group (HR Lead Christopher Smith) (please give designation) Name: Christopher Smith Date: May 2013 17
Appendix 7 EQUALITY AND DIVERSITY IMPACT ASSESSMENT Name of Service Improvement / Redesign, Policy or Strategy Fixed Term Contract Policy Location Area of Service Improvement / Redesign, Policy or Strategy Policy - Human Resources What are the main aims of you Service Improvement / Redesign, Policy or Strategy? To support NHS Tayside in using fixed terms contracts in a responsible and appropriate manner and in accordance with the Fixed Term Employees Regulations 2002 and NHS Scotland PIN Guideline on Fixed Term Contracts. What are the intended outcomes from the proposed Service Improvement / Redesign, Policy or Strategy? To ensure that NHS Tayside uses fixed terms contracts in a responsible and appropriate manner and in accordance with the Fixed Term Employees Regulations 2002 and NHS Scotland PIN Guideline on Fixed Term Contracts. Review Team Who is assessing or considering the impact assessment? Head of HR, Specialist Workforce Adviser, Partnership Representatives Names and Titles of Team Members Christopher Smith, Lesley McCallum, David McFarlane, Raymond Marshall When completed please attach to the policy prior to endorsement/approval at the relevant committee. MUST BE COMPLETED IN ALL CASES 18
Item No Considerations Detail Impact Document any Evidence/Research 1. Will it impact on the whole. population? Yes or No. If yes will it have a differential impact on any of the groups in 1.2. If no which groups will it impact on? NHS Tayside Employees are employed from all population groups. Positive impact for fixed term employees in all population groups. Actions Item No Considerations Detail Impact Document any Evidence/Research 1.2 Which of the protected characteristic(s) or groups will be affected by the policy/strategy/service redesign? Actions Minority ethnic population (including refugees, asylum seekers & gypsies/travellers) Women and men People in religious/faith groups Disabled people Older people, children and young people 19
Lesbian, gay, bisexual and transgender people People with mental health problems Homeless people People involved in criminal justice system Staff Socio- economically deprived groups Item No Considerations Detail Impact Document Any Evidence/Research 2. What impact will the No impact on lifestyles policy/strategy/service redesign have on lifestyles? Actions For example will the changes affect: Diet & nutrition Exercise & physical activity Substance use: tobacco, alcohol or drugs Risk taking behaviours Education & learning or skills Other 20
Item No Considerations Detail Impact Document any Evidence/Research 3. Does your function/policy The policy aims to ensure that Fixed term Employee consider the impact on the fixed term contracts are used Regulations 2002 communities? only in exceptional and clearly Things that might be affected defined circumstances and that NHS Scotland PIN Guideline include: first consideration must be given Social status to using permanent contracts. Employment Promoting the use of permanent (paid/unpaid) contracts will help to enhance Social/family support job security, and the associated Stress benefits, within NHS Tayside's Income employee population. Actions 21
Item No Considerations Detail Impact Document any Evidence/Research 4. Will the function/policy have any The policy seeks to ensure that Fixed term Employee impact on: fixed term employees receive no Regulations 2002 Discrimination less favourable employment Equality of opportunity terms and conditions than NHS Scotland PIN Guideline Relations between permanent colleagues and groups therefore promotes positive Other relations and a demonstration that NHS Tayside values all employees for the contribution 5. Will the function/policy have an impact on the physical environment? For example will there be impacts on: Living conditions Working conditions Pollution or climate change Accidental injuries/public safety Transmission of infectious diseases Other they make to the organisation. No impact Actions 22
Item No Considerations Detail Impact Document any Evidence/Research 6. Will the function/policy affect No impact access to and experience of services? For example Healthcare Social services Education Transport Housing Actions 7. Consultation and Engagement 1) What existing consultation data do we have? Existing consultation sources Original consultations Key learning Management representatives Staff Side Representatives HR Representatives Organisation wide consultations (2010 and 2008) Central Legal Office (2008) 2) What engagement, if any, do you need to undertake? 23
Item No Considerations Detail Impact Document any Evidence/Research 8. In relation to the groups Promoting the use of permanent identified contracts will help to enhance What are the potential overall job security, and may impacts on health? have a positive impact on the Will the function/policy wellbeing of NHS Tayside's impact on access to employee population. health care? If yes - in what way? Robust review and Will the function/policy communication processes will impact on the experience ensure that fixed term of health care? If yes employees are kept informed as in what way? to the current and future status of their employment contract. Minimising uncertainty around future employment status will enhance employee wellbeing. Actions 24
Item No Considerations Detail Impact Document any Evidence/Research 9. Have any potential negative No negative impact impacts been identified? If so, what action has been proposed to counteract the negative impacts? (if yes state how) For example: Is there any unlawful discrimination? Could any community get an adverse outcome? Could any group be excluded from the benefits of the function/policy? (consider groups outlined in item 3) Does it reinforce negative stereotypes? (For example, are any of the groups identified at item 3 being disadvantaged due to perception rather than factual information?) Actions 25
Item No Considerations Detail Impact Document any Evidence/Research 10. Data & Research The ongoing delivery of training Is there need to gather and awareness sessions will further evidence/data? ensure full knowledge of those Are there any apparent involved in the recruitment and gaps in knowledge/skills? management of fixed term contracts. 11. Monitoring How will the outcomes be monitored? Who will monitor? What criteria will you use to measure progress towards the outcomes? The success of a policy on the appropriate use of fixed term contracts will be measured through: quantitative data (numbers of fixedterm contracts); qualitative data (reasons for fixed-term contracts); Actions Policy awareness sessions to be delivered by HR teams to reflect locally identified learning needs. 12. Recommendations State your conclusion of your Impact Assessment This information will be monitored within each service area and by the Area Partnership Forum 26
Item No Considerations Detail Impact Document any Evidence/Research 13. Is a more detailed assessment No needed? Actions If so, for what reason? 14. Completed function/policy Who will sign this off? When? Workforce and Governance Forum Area Partnership Forum 15. Publication The policy will be accessible via the Staffnet Human Resources Policies
Conclusion Sheet for Equality Impact Assessment o o o o o Positive Impacts (Note the groups affected) Positive impact for fixed term employees including: Fair and equitable treatment. No discrimination in rights and entitlements. Robust review process. Appeal provisions. Equality of opportunity to apply for permanent employment. Negative Impacts (Note the groups affected) None Additional Information and Evidence Required From the outcome of the Equality Impact Assessment what are your recommendations? (refer to questions 10-13) Full EQIA not required This conclusion sheet should be attached to the relevant committee report. MUST BE COMPLETED IN ALL CASES Manager s Signature Christopher Smith Date May 2013 David McFarlane 2