policy: t12 temporary workers ... - west london nhs trust€¦ · compliant with the nhs employment...

West London Mental Health NHS Trust Page 1 of 37 Policy T12 First date of issue: April 2015 This is current version T12/02 April 2018

Policy: Insert Policy no.

Policy: T12 Temporary Workers Policy

Policy relates to: Induction policy (I14), Flexible Working policy (F6), Volunteer Services policy (V5) and Diversity and Equality policy (D3)

Version: T12/02

Ratified by: Trust Partnership Forum

Date ratified: 26th March 2018

Title of Author: Assistant Director of Workforce

Title of responsible Director

Director of Organisational Development and Workforce

Key Policy Stakeholders

Head of Productivity

Recruitment Manager

Senior Workforce Partner

Date issued: 26th April 2018

Review date: December 2020

Target audience: All staff trust-wide

Disclosure status B: Can be disclosed to patients and the public

EIA / Sustainability N/A


Equality & Diversity Statement

The Trust strives to ensure its policies are accessible, appropriate and inclusive for all. Therefore all relevant policies will be required to undergo an Equality Impact Assessment and will only be approved once this process has been completed.

Sustainable Development Statement

The Trust aims to ensure its policies consider and minimise the sustainable development impacts of its activities. All relevant policies are therefore required to undergo a Sustainable Development Impact Assessment to ensure that the financial, environmental and social implications have been considered. Policies will only be approved once this process has been completed.


Version Control Sheet

Version Date Title of Author Status Comment

01 March 2015

Assistant Director of Workforce

Ratified & issued New policy ratified at TMT April 2015

02 April 2018 Assistant Director of Workforce

Ratified & issued Ratified outside TPF using voting buttons 20180326


Contents

1. Flowchart 5

2. .5

3.

4. De ................7

5. 8

6. ..10

7. Process for Requesting Temporary Workers - .. 10

8. Process for Requesting Temporary Workers for Areas Live on Healthroster 2

9. .14

10. 5

11. Out of Hours Booking Process ..16

12. General Provisions for working on the Bank ...18

13. Payment of Bank Workers .19

14. General Provisions 20

15. General Provisions Booking Agency Workers 20

16. 21

17. Process for Transferring Agency Workers to a Permanent or Bank Post 1

18. , Training and Professional Registration 22

19. Recruitment Bank Only 3

20. Expectations of Temporary Workers 23

21. Monitoring Performance and Complaints Process for Temporary Workers 24

22. Annual Leave 24

23. Training 24

24. Monitoring 4

25. Fraud Statement 4

26. Glossary of Terms/Acronyms 25

27. Appendices 5

Appendix 1 - Local Induction Form Bank and Agency Orientation Checklist

Appendix 2 Bank Timesheet

Appendix 3 Out of Hours Notification of Agency Usage Form

Appendix 4 Process for Bank Staff Cancelling their Bank shifts

Appendix 5 Process for Reporting and Managing Bank Staff who DNA for their bank duty

Appendix 6 - Opt Out Form

Appendix 7 - Agency to Bank/Permanent Process Map

Appendix 8 Form for transferring Agency to Bank or Permanent Positions

Appendix 9 Bank Disciplinary Procedure


The Trust recognises that the use of temporary workers may be required to augment staffing levels in times of staff shortages, in order to continue to provide high standards of patient care, or to provide skills not generally required or available within tused as a long term solution. Where it is expected that there will be a requirement for regular weekly cover beyond a period of 3 months (e.g. for long term absence/maternity leave) fixed term contracts should be considered. As a general guide these shortfalls in staffing levels must be addressed within the total funded establishment for that Service/Location except when additional needs have been identified. For example, bank workers are used to cover unplanned staffing shortfalls due to sickness absence or increased levels of Enhanced Engagement and Observation whereby staffing levels would be dangerously low and patient care would be compromised. This must be authorised by the Manager for that service.

Managers should consider alternative options before using temporary workers, for example, whether the use of temporary workers is essential in the circumstances to continue to meet service needs/statutory requirements, whether work can be allocated to other staff on a short term basis to meet short term needs; and whether there is budget provision available.

-

Ward/Service/Department contacts Temporary Staffing Office to assist with sourcing cover for the vacant duty

Temporary staffing Office finds cover

Bank Worker Booked - Yes

Temporary Staffing Team book the Bank Worker. The Manager is

informed.

Unable to source a Bank Worker

Agency Authorisation Required

Authorisation provided

Yes Temporary Staffing Team book Agency worker for vacant duty.

The manager is informed.


All requests for temporary workers should be affordable within the ward/department budget and departments should always endeavour to use internal bank workers/NHS locums before agency workers/locums are considered.

Purpose

The purpose of this policy is to ensure that all wards, departments and community bases that need to use temporary workers are aware of the correct process for assessment, authorisation and booking shifts. This policy provides operational guidance on the use of temporary workers that is cost effective, efficient, flexible and equitable. Operational guidance (summary)

All bank and agency workers must be sourced through the Temporary Staffing Office during office hours Mon Fri 8am to 6pm. For units that are live on Healthroster please refer to Flow Chart 1in Section 7 below. For areas not live on Healthroster please refer to Flow Chart 2 in Section 9. Outside of these hours the Out of Hours process will need to be followed, please refer to Flow chart 3 in Section 10.

Should agency workers not be available through the Trust approved framework, the Agency Worker Request form on the Exchange (under HR Forms online) must be completed by the Hiring Manager. Executive Director appr . Temporary staffing will still require assurance from the non-framework agencies to provide confirmation of compliance in line with the NHS Employers standards.

Requests for agency workers for more than 7 calendar days or for areas not live on Healthroster the Hiring manager must complete the Agency Worker Request form on the Exchange (under HR Forms online). Executive Director approval is required.

All instances of unauthorised off contract spend will be reported to senior management and will not be paid unless approved by an Executive Director.

All invoices will require a booking reference number for payments to be made to the agencies. Invoices that are received without booking reference numbers will result in a delay in payment. Please note that the booking reference numbers are only applicable to all areas/wards/departments that are live on Healthroster, whereby booking the shift onto the system will generate a booking reference number for that shift.

Bank workers who fail to keep their mandatory training up to date may be restricted from undertaking any bank shifts until they complete the outstanding courses.

The process for booking temporary workers as outlined in this policy is aimed at minimising agency costs and ensuring value for money whilst ensuring patient care is not compromised.


Equality and Diversity Policy, Recruitment and Selection Policy, Local Induction Policy, DBS (CRB) Policy.

3.

This policy applies to all Temporary Workers (bank and agency) and to all Managers (hiring Managers) who book or are using Temporary Workers within their services.

4.

4.1 Bank staff-permanent staff

Staff who are employed on a permanent contract within the Trust have been registered to be available for additional work in line with their substantive role. These individuals are bound by their substantive contractual terms and conditions and may hold bank postings different to their substantive banding. The permanent staff will need to ensure that they are compliant in all mandatory training required for the bank position. This includes medical, clinical, nonclinical, Allied Health Professionals (AHPs) and medical staff in training.

4.2 Temporary workers - this includes bank workers and agency workers

They are not employees and the Trust is under no obligation to offer temporary work and likewise temporary workers are under no obligation to accept offers of work. Therefore there is no mutuality of obligation from either party.

4.3 Bank only workers/NHS Locums Icompleted the external recruitment process). Providing short term/emergency cover as the service requires. These individuals work on the basis that the Trust is not obliged to offer them any work and the individuals are not required to accept work offered by the Trust.

4.4 Agency Workers Individuals (from any professional group e.g. Doctor, Nurse, Allied Health Professionals supplied to the Trust by external employment agencies who are on the approved framework. Their terms and conditions are determined by the employment agency. All payment for work completed is paid to the individual by the agency and the individuals are employees of the agency and not the Trust. The relationship is between the organisation and the employment agency and not any individual worker. All agency workers must be supplied by approved (framework compliant) employment agencies.

4.5 Self- employed contractors Individuals who work for themselves rather than another person or company. They provide and invoice their services directly to the Trust. HR and Finance


would need to meet with the individual to establish their IR35 status.

4.6 Agency It is the responsibility of the employing agency to provide staff that are fully compliant with the NHS Employment check standards and Mandatory training requirements. All agencies are advised that they must not contact the wards and departments directly. Direct bookings with the agencies by the wards/departments will be subject to investigation by the Temporary Staffing Manager. All Agency workers are deemed to be within IR35. Agencies that are on our suppliers list have been sent communication regarding this.

4.7 NHS Improvements - Agency Staff Requirements In November 2015 the Government introduced capped rates for all grades of staff which can be paid to an agency for the provision of staff. The price caps are intended to support Trusts when they procure workers from agencies and to encourage staff to return to permanent and bank working. The Temporary Staffing Office must ensure all agency worker bookings are compliant with the NHS I Price Caps for Agency Staff Rules. The Temporary Staffing Office will check all rates given at the time of booking, sourcing agency workers from agencies that are able to supply workers within the price caps. Where the Temporary Staffing Office is unable to secure an agency worker within the price caps, a review of the shift requirement must be undertaken to ascertain whether or not the shift can be filled in any other way.

Where this review has been completed and the only way to meet the service requirements (so that safety of our service users is not compromised) is to breach the cap, in these circumstances it may be justified to go above the

In these circumstances the manager must complete the section on the Agency worker Request form Breach Conditions requiring extra ED approval (this form is available on The Exchange under HR Forms on line), this must be given before the booking can be confirmed. If the breach in the price cap is £120 or over or if there is a need to go off framework this will require Chief Executive Approval.

Reports are submitted to NHSI on all weekly agency and bank usage including breaches in price caps.

5

5.1 Chief Executive

The Chief Executive is responsible for ensuring that the Trust has policies in place and complies with its legal and regulatory obligations.

5.2 Accountable Director

The Accountable Director is responsible for the development of relevant policies and to ensure they comply with NHSLA standards and criteria where applicable. They must also contain all the relevant details and processes as


per section1.They are also responsible for trust wide implementation and compliance with the policy.

5.3 Managers

Managers are responsible for ensuring policies are communicated to their teams / staff. They are responsible for ensuring staff attend relevant training and adhere to the policy detail. They are also responsible for ensuring policies applicable to their services are implemented. Managers are responsible for ensuring that all temporary staff working within their unit/ward/department have completed the local induction form (please see Appendix 1 for the Local Induction form).

The Managers (in conjunction with the Temporary Staffing Office) who utilise the services of temporary workers are specifically responsible for:

Ensuring that spend on temporary staffing is managed in line with their

available budget.

Ensuring that the booking of temporary workers is appropriate and

necessary.

Ensuring the required levels of authorisation for the shift and temporary

worker requests are obtained.

Identifying whether the post the temporary worker is being assigned to

requires a DBS clearance; and to ensure that the individual does not

commence work until the appropriate level of clearance has been obtained by

the Temporary Staffing Office.

Ensuring that all relevant employment checks in line with NHS Employment

Check Standards have been undertaken before commencement.

Ensuring that professional registration is up to date (where appropriate).

Ensuring that the Temporary Staffing Team books agency workers only

through the agreed framework of employment agencies.

Ensuring that the temporary worker possesses the right skills for the post.

Ensuring that the appropriate paperwork has been submitted to either the

Employment Agency/the Temporary Staffing Office in a timely manner.

Ensuring arrangements are in place for the Local/Trust induction and

mandatory training of temporary workers.

Dealing with any performance or conduct issues relating to temporary

workers in a timely manner.

Authorising hours worked by the temporary worker by finalising duties (if

live on Healthroster) or completing and submitting to payroll the completed

bank timesheets for each bank worker (for areas not live on Healthroster) by

the deadlines set by Payroll. (Please see Appendix 2 for a copy of the Bank

timesheet for all non-live areas who have bank staff working in their areas).

Authorising employment agency invoices within the agreed timeframe.


5.4 Policy Author

Policy Author is responsible for the development or review of a policy as well as ensuring the implementation and monitoring is communicated effectively throughout the Trust via CSU / Directorate leads and that monitoring arrangements are robust.

5.5 Local Policy Leads Local policy leads are responsible for ensuring policies are communicated and

implemented within their CSU / Directorate as well as co-ordinating and systematically filing monitoring reports. Areas of poor performance should be raised at the CSU / Directorate SMT meetings.

5.6 Directors

The Director of Finance is responsible for ensuring that the chosen contract for payroll processing is supported by appropriate (contracted) terms and conditions, adequate internal controls and audit review procedures and that suitable arrangements are made for the collection of payroll deductions and payment of these to appropriate bodies.

5.7 Director of Organisation Development and Workforce

The Director of Organisation Development and Workforce is responsible for the development of relevant policies and to ensure they comply with NHSLA standards and criteria where applicable. They are also responsible for trust-wide implementation and compliance with the policy whilst ensuring that the policy for the recruitment and use of temporary workers complies with current legislation, Department of Health guidelines and recognised best practice.

5.8 Temporary staffing

It is the delegated responsibility of the Temporary staffing manager to comply with this policy and ensure that temporary workers are recruited/sourced in an effective manner.

Where Recorded: Allocate Healthroster and Staffbank Recorded by (name/title): Recruitment Manager, Temporary Staffing Manager & Healthroster Manager When recorded (date): Dependent on activity

7.1 Overview - Temporary Staffing Service

the needs of the patient and the Service and that these do not fall below the agreed


standards of care. The Trust recognises that staff shortages in any area can impact on the ability to maintain an effective service and deliver safe and effective care and hence strives to uphold continuity wherever possible.

Managers must ensure that robust workforce plans are in place to manage absence, ensure effective rostering and ensure effective recruitment to vacant posts to cover staffing shortfalls. Where staffing shortfalls exist they must be covered with existing substantive staff where possible. Planned resources such as annual leave or study leave should always be covered using existing resources. Financial implications must be part of the consideration when requesting temporary workers and all requests must be authorised by the senior manager.

The use of bank only workers should be kept to a minimum and not be used to supplement under-established services as a long term solution. Bank only workers will be used for short periods of time where it is essential to maintain services whilst recruiting to vacancies or to cover study leave, maternity leave, long term sickness and emergency cover due to sickness.

The Temporary Staffing office is open Mon to Fri 8am to 6pm. During these hours all temporary staffing requests must be made to the Temporary Staffing office. During these hours agency workers must only be booked by the Temporary Staffing team. Wards/departments are strictly prohibited to book agency workers directly during these hours.

The Temporary Staff Office will liaise with the approved agencies to book the agency worker subject to receiving the Agency Worker Checklist to ensure that the worker is fully compliant to undertake work at WLMHT.

There must be no direct booking between the ward and the agency worker.

Where ever possible vacant duties must be assigned to temporary or agency workers ahead of the actual shift dates so that the Trust can ensure that all services can be adequately staffed ahead of time. This will also ensure that there is compliance with the working time directive.

A legitimate reason must be entered with all vacant duties submitted to the Temporary Staffing Office. Reasons must be accurate as these will be used to provide reports to managers/finance/board.

It is important to understand that the needs of the Service may require that staff have to be redeployed to other wards. The Bank registration documents are drawn up to reflect this. Refusal by a bank worker to be redeployed must be reported to the Temporary Staffing Manager at the first available opportunity.

All staff who are filling temporary assignments must be compliant with the European Working Time Directive. An Opt out form must be completed (please see Appendix 4 for the Opt Out Form).

Staff will not be eligible to work bank shifts unless their mandatory training is up to date.

If a request cannot be filled by a Bank worker then the Temporary Staffing Co-


ordinator must inform the Ward Manager/ Nurse in Charge and agree if an Agency worker should be used. This must be done in discussion with the Ward Manager/Nurse-in-charge who must be certain that there are no other options available e.g. redeployment of staff.

All areas live on Healthroster are required to provide a booking reference number for all agency workers who have worked within their services to the agency so that the invoices can be paid. All agency bookings must be added on to Healthroster.

7.2 Prioritising forms of cover

Where unavoidable staffing shortages do arise cover must be prioritised as follows:

Existing substantive staff, for example moving staff around from other areas.

Bank Workers (only if cover cannot be provided by substantive staff).

Agency Workers (only if cover cannot be provided by substantive staff or Bank Workers).

Independent Contractors (only if cover cannot be provided by any of the above).

7.3 Duration of cover

Hiring Managers must consider the duration of cover that is likely to be required in all instances. If cover is likely to be required for 3 months or longer this should normally be provided by recruiting substantive employees with fixed term contracts. .

Hiring Managers must not use Temporary Workers as an on-going additional resource or as an alternative to recruiting to a permanent post, other than in exceptional cases and with the explicit approval of the Head of Service and the Head of Workforce and Productivity The maximum permitted duration for any Temporary Worker assignment is:

a - 12 weeks for Agency Workers. b - 6 months for Bank Workers.

8. Process for requesting Temporary Workers for areas live on Healthroster Hiring Managers must comply with the Trust s E-Rostering Policy E9 to produce rosters which incorporate the needs of the service and ensure that rosters are maintained with any changes made in a timely manner. Please see Flowchart 1 below.


Temporary staffing can source a bank

staff ?

Direct Booking via EOL

Yes

Bank staff direct books via Employee

Online (EOL)*

No Authorisation required from Ward Manager/CTL to send request to approved agencies.

Temporary Staffing contact

Approved Framework Agencies

Agency worker sourced

Healthroster Updated. Ward given details

Staff is booked on Healthroster?

Bank Shift Covered*

Endof Process

End of Process

End of Process

Authorisation Provided?

Yes

No

End of Process

Yes

All wards/departments must publish the full 6 weeks roster before the roster start date. 5 weeks preceding for the

ward/department teams to select the additional work they would like from the newly published roster without competing with the larger bank pool.

Yes Unfilled Duties sent to bank? No

Temporary Staffing email Ward Managers to submit unfilled duties to bank

Yes

1

Process For Requesting Temporary StaffAreas Live on Healthroster During Office Hours (Mon-Fri 8am 6pm)

*Please note that to cancel a booked bank shift the bank staff/ward must contact the Temporary Staffing team during office hours. Out of office hours the Staff/Ward will need to contact the Ward/Staff directly to cancel the bank shift.

Flowchart 1

.

8.1 All wards/departments must publish the full roster 6 weeks before the roster start date. 5 weeks preceding the start of a roster must be

the ward/department teams to select the additional work they would like from the newly published roster without competing with the larger bank pool.

8.2 It is important to note that should a ward have their own substantive staff available to cover the vacant duty this must be processed immediately once the duty has been submitted to bank. This is so as to avoid double booking.

If the wards have not submitted their vacant duties to bank the Temporary Staffing Office will email the unit Managers requesting them to do so. Once the vacant duty has been submitted to the Bank the vacant shift can be booked via:

i) Direct Booking

Direct booking via EOL (Employee online) went live in March 2017. This allows all bank workers (bank only and substantive staff who have a bank assignment)


to direct book into vacant duties subject to them meeting the criteria of the unit. When bank workers are booking themselves onto a new ward then it is their responsibility to contact the ward to inform them of this so that the ward can accommodate the local induction. If staff who direct book cancel at short notice or fail to show up for duty they may have their access to direct booking removed until this investigated.

or

ii) Temporary Staffing Booking Co-ordinators Temporary Staffing will source the bank worker and book them directly on to Healthroster so that the ward/department is aware that the shift has now been filled along with the details of who is covering the shift. If the vacant duty cannot be covered by bank then authorisation is required from Ward Manager/CTL to send the request to approved agencies. If authorisation is provided then the temporary staffing booking co-ordinator will contact the approved agencies to source an agency worker to cover the vacant duty. Once confirmation is received the booking will be processed onto Healthroster. or

iii) Wards Booking Bank Staff Directly Wards can also direct book bank staff but they must ensure that the booking is made via Healthroster. This is to ensure that the bank staff that is to be booked into to the vacant duty has no restrictions in them being able to work the bank shift as well as ensuring that that the bank staff is not breaching the WTD. Wards must not use paper rotas to book bank staff. Authorisation for payment for the Temporary Worker will be completed by the hiring Manager when they finalise the off duty.

8.3 Paper bank timesheets will not be accepted by the Temporary Staffing Office for areas that are live with Healthroster.

8.4 Healthroster is a live system and all changes must be processed onto the system immediately. There should be no paper rotas in place for all areas live on Healthroster.

9. Cancelling a bank shift Should a booked bank shift need to be cancelled: During office hours the bank staff/ward must contact the Temporary Staffing Bookings co-ordinators who will process the cancellation, recording the reason for this. Out of office hours the Staff or Ward will need to contact one another directly to cancel the bank shift (please refer to Appendix 3 Process for Bank Staff cancelling their bank shifts Failure to follow the correct process for cancelling a shift or persistent cancellation may result in the staff having their access to direct booking removed.


10. Process for requesting Temporary Workers for areas not live on Healthroster It is acknowledged that not all areas of the Trust are live on Healthroster. Please see Flowchart 2 below.

Manager identifies a need for a temporary member of staff. Existing resources have been reviewed (reallocation of work, shift swaps, using staff from other areas).

Email Temporary Staffing the request [email protected]

Yes

Temporary Staffing have sourced a suitable bank staff

Inform the Manager. Provide Name/Details of bank staff booked. Email bank timesheet to manager so that worker can be paid.

No

Hiring Managermust complete the Agency Worker Request Form via the Exchange -Under HR 1 Stop, HR Forms online. Temporary staffing will need to wait for ED approval before they can action this request.

Controls are in place ED Approval is required. Is Request authorised?

Temporary staffing contact Approved Agencies. Cvsare emailed to the Hiring manager if required.

Hiring Manager confirms happy to proceed with the Agency worker.

ED Approval Provided

End of Process

Yes - Agency Worker Form Request completed

Temporary staffing confirm booking with Manager. Agency Worker Request Form completed.

No Form Rejected

End of Process

Yes Form Approved

Is there a Breach for any of the following: Framework Breach, price cap breach, agency for A&C or if cover require for more than 6 months .

Start Process

No

No Form Rejected

End of ProcessEnd of Process

End of Process

Temporary Staff Request Process During Office hours

Units/Departments Not Live on Healthroster(this includes Medical Staffing and AHPs).

Yes

Flowchart 2

If a Ward/Department is short staffed and requires a Bank worker the Manager/CTL/Nurse in Charge must contact the Temporary Staffing Booking Co-ordinators stating the role/band and period of cover required by the service and the reason for the request. Once a Bank worker has accepted the request the Temporary Staffing Bookings Co-ordinator will inform the ward and provide details of


the Bank worker booked. If the Ward manages to cover the request itself with a Bank worker then they must contact the Temporary Staffing Office immediately with the details of the Bank worker booked. For all the non-live areas/departments/wards the manager must submit a completed and signed bank timesheet to Equiniti [email protected] by the submission deadlines. Bank Timesheets are available on The Temporary Staffing page on the Exchange.

If the Temporary Staffing Office is unable to find a Bank staff to cover this booking then the Hiring Manager will be informed. If the Hiring Manager decides to do so, then the request will be put out to our approved agencies. The Agency Worker Request form on The Exchange (under HR Forms online) will need to be completed and Executive Director Approval will be required.

The Agencies will email CVs of potential candidates and these will be forwarded to the Hiring Managers to decide whether they want to interview the candidates or not. All email communication with the hiring manager and the agency must also have Temporary Staffing copied in so that the Temporary Staffing team are aware of what is happening with the booking. Managers are not to directly engage with agencies this must come through the Temporary Staffing Office. Once the candidate is selected, Temporary Staffing will require the Agency to complete the Agency Worker checklist confirming compliance.

11. Out of hours process The Temporary Staffing office operates Monday to Friday 08.00hrs to 18.00hrs excluding Bank holidays. For areas live on Healthroster the relevant unit coordinator is responsible for booking Temporary Workers for vacancies which arise out of office hours due to sudden and unforeseen circumstances. Examples may include staff requesting emergency leave or unexpected sickness. The shift must be booked directly onto Healthroster and no later than 10am the following morning. Please see Flowchart 3 below

mailto:[email protected]:[email protected]


Manager/Consultant /Nurse in Charge identifies a need for a temporary member of staff out side of office hours.

Unit/Department must contact Unit co-ordinator/bleep holder /Consultant on call and inform them of the shortfall in the staffing levels.

If staff cannot be redeployed/no bank staff available. Unit Co-ordinator/bleep holder/Consultant on-call to contact Director on-call to have authorisation to go to approved framework agencies.

No Authorisation

End of Process

Authorisation Provided

Unit co-ordinator/bleep holder /Consultant on-call contacts the Approved Agencies and books Agency worker.

No Direct contact should be made with the Agency worker all bookings must be with Framework agencies

Start Process

Yes

The Unit Coordinator/CTL/Consultant on-call must update Healthrosterand inform the ward/unit the name of the agency worker. Healthroster must be updated by midday the following day for this booking.

End of Process

Unit/Service Live on Healthroster

Units/Service Not Live on Healthroster

The Unit Coordinator/CTL/Consultant on call complete the Agency Control Out of Hours Agency Usage Form. This must be returned to temporary staffing via email to [email protected] soon as possible but no later than midday the following day. The name of the agency worker must be given to the ward/service.

End of Process

Process For Requesting all Temporary Staff Out of Office Hours Flowchart 3

If the Unit Co-ordinator is unable to cover a shortfall in staffing with Bank staff, then the Duty Senior Nurse/Consultant on call must be consulted out of hours to authorise booking of agency staff.


Once approved by the Senior Nurse, the Unit Co-ordinators must only contact the approved agencies directly to request for cover. Agency workers must not be booked directly by the units all request and bookings must be made to the Agency.

For areas that are not live on Healthroster they will need to complete the Out of Hours Notification Agency Usage Form which must be sent to [email protected] by 10am the following morning (Please see Appendix 5 for the Out of Hours Notification Agency Usage Form).

12. General provisions working for the bank

12.1 The Bank Register

The Temporary Staffing Office maintains a register of Bank Workers, known as the Trust's Bank. It is the responsibility of each Bank Worker to ensure that the Temporary Staffing Office is notified of any changes to their skills, experience, contact details and professional registration.

The Trust reserves entire discretion to remove any individual from the Bank where it has any concern about the individual's conduct, capability or performance, or their non-compliance with mandatory training. The Trust will also periodically remove any Bank only worker who has been inactive on the Bank for more than 6 months.

12.2 Terms of Engagement for Bank Workers

k.

Membership of the Trust's Bank does not confer any employment rights. Bank Workers who are not otherwise substantively employed by the Trust are casual workers, not Trust employees. Bank Workers who are not otherwise substantively employed will not therefore normally have the same entitlements as substantive employees, such as sick pay or maternity pay or redundancy pay.

12.3 Specific Assignments and Cancellations and Substitution

Each assignment that the Bank Worker carries out is a separate engagement and there is no obligation for the Trust to offer engagements to Bank Workers, or for Bank Workers to accept them.

Where a Bank assignment is cancelled by the Trust with more than 2 hours' notice to the Bank Worker, the Trust is under no obligation to re-allocate the Bank Worker to another assignment or to pay the Bank Worker. However if no notice is given for the cancellation and the bank worker turns up for duty the ward should contact the unit co-ordinators to find out if there are any shortages on another ward where this bank worker can be re-deployed to. If there is no ward that the bank staff can be re-deployed to then the ward must pay the bank worker for 4 hours.

mailto:[email protected]


Once a Bank Worker has accepted an assignment, the Bank Worker should seek to give reasonable notice of cancellation. Failure to attend for, or giving less than 7 hours' notice of cancellation of (without substitution), or repeated cancellation of (without substitution) a Bank Shift by a Bank Worker may result in the Bank Worker being removed from the Bank.

12.4 Staff already substantively employed by the Trust

All new clinical staff (Band 2 HCAs, Band 3 HCFs and Band 5 Nursing staff are auto-enrolled onto the bank. Existing substantive staff who are already employed by the Trust who would like to work on the bank in line with their substantive role will require their manager to complete the green change of circumstances form on the Exchange. Once completed Equiniti will create the additional bank assignment for the staff. Substantive staff applying for a bank position in a different staff group from their substantive position will need to undergo an interview and if necessary further employment checks and training as required (e.g. an admin worker applying to join as HCA). For more information on this please refer to the Recruitment and Selection Policy.

Should a substantive staff who is leaving the Trust wish to remain on the bank they must inform their line manager at the time of resignation so that the manager can complete this on the Termination form.

Substantive staff may not work for the Bank:

If requested not to whilst being monitored under the Sickness Absence Policy or the Capability Policy.

if suspended pending disciplinary investigation

If requested not to, to avoid exacerbating an underlying health condition that may worsen through working excessive hours, and/or following Occupational Health advice.

Failure to attend for, or giving less than 7 hours' notice of cancellation of (without substitution), or repeated cancellation of (without substitution) a Bank Shift may result in the permanent staff being restricted to work/book bank shifts until the manager investigates this.

If they are newly qualified nurse or other clinician with less than 6 months post registration unless by permission of the line manager who will support and mentor.

Must ensure that they have taken the appropriate days off in the annual leave year

13. Payment of Bank Workers Bank Only Workers are auto enrolled on to the fortnightly payroll run. To opt out of the fortnightly pay and be paid monthly the bank worker must email [email protected] to Opt out. Bank work is paid in arrears by credit transfer to a nominated bank or building society. Manual payments (Chaps) will not be made unless at least 2 weeks in arrears and for more than 35 hours in total. Manual payments will not be made to Bank Workers who also have a substantive contract with the Trust. Substantive staff who work bank shifts are paid in arrears monthly.



14. General Provisions - approved agencies and Agency Workers

14.1 Approved Agencies

The Temporary Staffing Manager and Head of Procurement are responsible for (or may delegate responsibility for) maintaining a list of approved agencies, with a track record for high quality workers, good fill rates and competitive fees. The Trust will agree service level agreements with approved agencies to reduce costs.

The Trust's approved agencies are on the London Procurement Partnership (LPP) or the Crown Commercial Services (CCS) frameworks. All agencies on these frameworks have demonstrated compliance with minimum mandatory training requirements, and the 6 standard NHS pre-employment checks.

Other agencies from the LPP and CCS frameworks (which are not on the Trust's list of approved agencies) may be used with individual approval from the Temporary Staffing Manager, if there is evidence that the agencies on the list are unable to fill the request in a timely fashion. Non-framework agencies will not be approved unless by special permission from the CEO. The Agency Worker Request form on the Exchange (under HR Forms online) must be completed by the Hiring Manager. CEO Temporary staffing will still require assurance from the non-framework agencies to provide confirmation of compliance in line with the NHS Employers standards.

14.2 Relationship of Agency Workers with the Trust

The Trust should not have any contractual relationship with individual Agency Workers. The contractual relationship should be between the Trust and the employment agency, which in turn engages the Agency Worker.

No existing Trust employee or member of the Trust Bank (or a leaver less than two months) should, under any circumstances, be offered work or accept work via an agency for WLMHT. Any such individual accepting work via an agency, may be subject to disciplinary action (if employed) or removed from the bank and not offered work in future.

15. Booking agency workers specific provisions

15.1 Priority to Substantive Staff and Bank Workers

Agency Workers typically cost more than substantive staff or Bank Workers. Agency Workers should therefore only be used where cover is not available from either of these sources.

The Trust regulators have set a number of governance and financial criteria which we are required to comply with. These are:

o A maximum rate cap has been set by NHS Improvements for all agency members of staff.

o The Trust should only engage workers from approved Framework agencies.

o Each Trust has a maximum ceiling level of agency expenditure which they must not exceed.


o Agency staff pay arrangements are determined by national frameworks and have a maximum cap level which can be paid. All rate cap breaches must be reported to NHS Improvements weekly.

15.2 Restrictions on booking Agency Workers

The Temporary Staffing Office is open from 8am to 6pm Mon Fri and during these hours Agency Workers must only be booked by the Temporary Staffing Office, in accordance with the Trust Booking Process. Out of hours, agencies must be contacted by the relevant unit coordinator only.

Agency Workers may only be booked through agencies approved by the Trust (please see the Temporary Staffing Page on the Exchange for the updated list of Suppliers). Use of non-approved agencies will generate off framework invoices which will be tracked via Management Accounts and reported back to the Temporary Staffing Manager for investigation with the relevant division / directorate. Any Hiring Managers and/or budget holders failing to comply with these restrictions when booking Agency Workers may be subject to disciplinary action.

16. Agency workers' rights (agency workers regulations 2010)

Twelve Week Rights

After 12 weeks of an assignment, the Agency Worker has further entitlements relating to pay and basic working conditions.

The Trust's policy is that no Agency Worker should be assigned to the Trust for more than 12 weeks. If this does occur, the Hiring Managers must:

Take immediate steps to either cease using the Agency Worker or to transfer the Agency Worker to the Trust's bank, a fixed term contract, or a permanent contract; and

Seek advice from the Temporary Staffing Office on: o Whether and how to transfer the Agency Worker; o The risk of incurring further agency charges; and/or

Agency Workers' 12 week rights under the Agency Workers Regulations 2010.

17. Process for transferring Agency workers to a permanent or bank post Should an agency worker be offered a permanent or bank post or if a manager would like to transfer an agency worker to bank they must complete the Transferring of Agency worker to a permanent or bank post Form (Please see Appendix 6).

Temporary Staffing and Recruitment must be informed of the transfer so that the -

employment checks are completed. To ensure that the Trust is not liable for a d of 14 weeks has been

completed before serving the 4 weeks notice. For further information/guidance regarding this please email [email protected] who will be able to advise you further on this.



18. Temporary workers' induction, training & professional registration

18.1 Temporary Workers' Local Induction

It is the responsibility of the Hiring Manager to ensure that every Temporary Worker receives a structured local induction that is sufficient to enable them to carry out their duties safely and adequately, before commencing an engagement (Please see Appendix 1 for the Local Induction form). Temporary Workers should raise any concerns about induction with the Hiring Manager initially, or the Temporary Staffing Office if not resolved.

18.2 Bank Workers' General Induction, Training, and Professional Registration

Bank Workers may not be offered or accept work unless they have completed the Trust's general Induction and mandatory training, the 4 hours clinical induction (clinical Bank workers only). Bank workers wishing to work in the London Forensic Services must attend the Forensic Key Induction and Clinical Security Induction. This process and compliance is monitored by the Temporary Staffing Team.

Bank only staff will be paid for their attendance for the Trust induction after having successfully completing 60 hours of paid bank work.

Bank workers are responsible for keeping up to date with mandatory training in accordance with the mandatory training policy. All bank-only staff and substantive staff wanting to work on the bank must be fully compliant with their mandatory training. Staff who are not compliant will not be offered bank shifts until such a time that they are compliant. It is the individual Bank workers responsibility to organise their attendance and compliance with mandatory training.

It is the responsibility of the individual Bank Worker to maintain appropriate professional registration for every assignment they accept. Bank Worker's professional registration will be periodically checked by the Workforce and ESR Team who will notify the Temporary Staffing Office.

If a Bank Worker becomes subject to a fitness to practice investigation or proceedings by a licensing or regulatory body in the UK or any other country, they must immediately declare this to the Temporary Staffing Office. Similarly, if a Bank Worker has had or receives any criminal conviction, even if it is 'spent' for other purposes, they must inform the Temporary Staffing Office immediately.

18.3 Agency Workers' General Induction, Training and Registration

Agency Workers will not normally attend a Trust Corporate Induction. Local inductions therefore need to be sufficient to enable them to work on a short-term basis to cover individual shifts without this.

It is therefore the responsibility of the Manager to ensure that Agency staff receives appropriate induction. All Agency staff will have a local induction in line with the

(Please see Appendix 1 for the Local Induction Form). The Manager will make a judgment about whether there is a need for Agency Staff to attend Corporate Induction, depending on the length of time they are in post. The Manager will be responsible for contacting the Workforce Department to book Agency staff onto the Corporate Induction where required.


The agency has a responsibility to ensure that the Agency Worker is up to date on their statutory and mandatory training, and have current professional registration.

19. Bank Recruitment For external candidates who are interested in joining the Trust Bank please refer to the Refer to the Recruitment and Selection Policy for further information.

20. Expectations of temporary workers

20.1 General Expectations

The Trust expects all Temporary Workers to:

Be adequately trained and maintain fully up to date their mandatory and statutory training;

Ensure that they receive adequate local induction and raise any concerns about this, or their engagement, with their Hiring Manager;

To work at all times within their own competency and within the requirements of the role being undertaken for each assignment;

To ensure that at all times they maintain current appropriate professional registration for any assignment that they work on;

Familiarise themselves with and adhere to this policy and all Trust protocols, policies and procedures applicable to each assignment they are carrying out;

Comply with the Trust's Temporary Worker booking processes.

Ensure that their conduct is courteous and professional when dealing with patients, colleagues and other members of the public;

To give honest and timely feedback about difficulties or issues of concern experienced within each assignment either to the Hiring Manager, in the first instance, or to the Temporary Staffing Office; and

Understand and display the Trust's core values of Togetherness, Responsibility, Excellence and Caring.

20.2 Trust policies applicable to Temporary Workers

All Temporary Workers must comply with this policy and also the follow and adhere to the following Trust policies:

E9 - E Rostering Policy

R6 - Recruitment and Selection Policy

H3 - Health and safety

C40g - Code of Conduct M12 - Mandatory Training Policy

ICP1 - Infection Prevention & Control Policy and Guidelines

D3 Diversity and Equality Policy

W1 - Whistleblowing Policy

01 Therapeutic Engagement and Supportive Observation Policy

This list is not exhaustive


21. Monitoring Performance and Complaints Process for Temporary Workers

21.1 Appraisals are not undertaken for Temporary Workers. However, it is the responsibility of the Hiring Manager to monitor the performance and quality of work carried out by each Temporary Worker and to report any concerns according to the Temporary Staffing Manager.

21.2 Should any conduct or capability concerns arise in respect of any Bank/Agency Worker, this must be reported directly and without delay to the Temporary Staffing Manager. Should the complaint need to be investigated it will be managed under the Bank Disciplinary Procedure (please see Appendices 9 for The Bank Disciplinary Procedure).

Annual leave 22.1 Temporary Workers have a statutory entitlement to paid annual leave accrued

during assignments according to the number of hours worked. 22.2 The Trust's annual leave year runs from 1 April to 31 March.

23. Training 23.1 There is no formal training provided on this policy. The Trust provides training for

managers that will provide an overview of this topic. The Recruitment Team and the Temporary Staffing Team will, however provide advice and guidance to managers considering engaging temporary workers.

23.2 All staff have a responsibility to familiarise themselves with this and other relevant Trust policies and procedures. Managers should ensure that they have sufficient knowledge to explain opportunities and consider requests from staff, seeking further advice from HR Advisory team or OD Business Partner when necessary.

24. Monitoring The development and review of this policy shall be conducted by the HR

Department.

The frequency of review is 3 yearly unless legislation or guidance from appropriate bodies indicates otherwise

25. Fraud statement

25.1 The Trust is absolutely committed to maintaining and honest, open and well-intentioned culture within the Trust. It is therefore committed to the elimination of any fraud within the Trust.

25.2 If fraud is suspected in relation to the Temporary Workers Policy, in particular in relation to the engagement of bank or agency stLocal Counter Fraud Specialist or Director of Finance or ring the National Fraud and Corruption reporting line on 0800 028 40 60.

25.3 details. The policy is available on the Exchange.


26. Supporting documents (trust documents)

E Rostering Policy E9

Criminal Records Check R5

Professional Registration R3

Assistance with Relocation R2

Recruitment and Selection Policy R6

27. Glossary of terms / acronyms HR Human Resources

LPP London Procurement Programme CCS Crown Commercial Service NHS National Health Service CSU Clinical Service Unit CV Curriculum Vitae CRB Criminal Record Bureau

28. Appendices

Appendix 1 - Local Induction Form Bank and Agency Orientation Checklist

Appendix 2 Bank Timesheet

Appendix 3 Out of Hours Notification of Agency Usage Form

Appendix 4 Process for Bank Staff Cancelling their Bank shifts

Appendix 5 Process for Reporting and Managing Bank Staff who DNA for their bank duty

Appendix 6 - Opt Out Form

Appendix 7 - Agency to Bank/Permanent Process Map

Appendix 8 Form for transferring Agency to Bank or Permanent Positions

Appendix 9 Bank Disciplinary Procedure


This form must be taken to the ward/department you have been booked to work and

must be signed by the nurse in charge, manager or supervisor to confirm that you

have received an orientation. At the end of your shift the checklist should be

returned to the Temporary Staffing Office.

Have you worked in the Trust/ Ward within the past 3 months? Yes/ No(If this staff has

worked on this ward/department within the last 3 months and has been inducted then no

orientation is required

Orientation (please tick as appropriate)

OPTION A

Orientation declined as has worked in the ward/department within the last 3months

OPTION B- Clinical Staff Group

Shown around the ward/unit/department and told basic ward routine

Enhanced observation procedure explained and Knowledge Skills Framework

signed

Medical Emergency procedure

Fire procedure

Alarm system explained

How to contact unit coordinator

Incident reporting to Nurse in charge / Emergency reporting

Nursing documentation explained

Shift & break times

Coffee room where applicable

Staff toilets

Any specific security measures in use

Storage/equipment room

Introduced to other staff

Sluice

Treatment/drug room

Patient call system

Equipment in use

How to deal with a concern/complaint from a visitor/patient.

Where are the Trust/Departmental policies kept?

Confidentiality

Trust dress code

Appendix 1 BANK/AGENCY ORIENTATION CHECKLIST


OPTION C- Other/Non Clinical Staff Group/Admin & Clerical

Shown around the ward/ unit/ department and told basic routine

Fire Procedure/ Alarm System

Fire extinguisher location

Break-glass alarm point location

Bleep system explained

How to contact site manager/ Outreach/ Security

Incident reporting

Shift & break times

Coffee room- where applicable

Staff toilets

Storage/ equipment room

Introduced to other staff

Confidentiality

Trust dress code

Shown Computer Terminals

Given instruction on how to use photocopier and where to find it

Telephones- Informed of extension numbers and how to transfer calls

Given instruction on how to use fax machine and where to find it

Please print, sign and date below to confirm that you have completed the

orientation.

Print Full Name: ................................................................

Signature: ..........................................................................

Date: ................................................................................

Please email the completed form back to [email protected]


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