On Call Update

1. On Call Update Dave Thornton Chair, Terms and Conditions Committee GHP

2. Background 2003 • EI sites had to try and work with section 2, part 2 of AfC • Commitment payment based on frequency of on call • 9.5% for up to 1 in 3 • 4.5% for 1 in 4 to 1 in 6 • 3% for 1 in 7 to 1 in 9 • 2% for 1 in 10 to 1 in 12 • Local agreement for less than 1 in 12 (no more than 2%) • For commitment to be on call and telephone advice • Payments for call outs (time and a half hourly rate and double time on BH) or single lieu time • Day off for being on call on BH • Soon turned out to be unworkable

3. 2004 • Uncoupled on call from rest of AfC agreement • Identified that large numbers of particular groups of staff would need pay protection • EDC protected as on call • Planned to develop a new national agreement in partnership based on data collected about current on call systems • Very little work done on this between 2004-08 (Staff Council worked on USH first)

4. 2008 • Work started to try and develop single scheme for on call by On Call Sub-Group of NHS Staff Council • Data collected about current schemes • Nature • Remuneration • Other characteristics 2010 • Single scheme not possible (too difficult) • Local negotiations would be used to resolve!!!!!!!!

5. Principles for On Call • Developed principles to be applied locally when determining new harmonised terms and conditions • One set of T & C for all staff delivering on call within the organisation / local partnership • Imposing AfC interim arrangements without local negotiation is not an option • Individual staff group arrangements cease to exist 31.03.11 • Transitional arrangements should include some form of individual pay protection

6. On Call Principles Definition • Established arrangement for staff to be available outside normal hours (either at workplace, home or other) to work as and when required. • Normal hours are those regularly worked and fixed by contract of employment Equal Pay • Consistent payment for staff on same band available on same on call pattern (equal pay as defined in 1970 legislation)

7. Commitment payment • To be determined locally, payment to reflect frequency -3 options for payment • Tiered on call systems should be same commitment payment for all tiers • Management side’s starting point is likely to be AfC interim agreement • Staff side’s starting point likely to be best agreement currently in use • Outcome will depend on effectiveness of local negotiators

8. Frequency • Need to divide week up into periods of on call • Local determination, 9 suggested Work Done • Payment for work done (including work done at home) to be determined locally • Includes telephone advice • Determine locally minimum period TOIL • Lieu time at plain time rates allowable Compensatory Rest • In line with EWTD and section 27 AfC Handbook

9. Travel to Work • Included in work time • Maximum and minimum time can be agreed locally Public Holidays • Covering a BH attracts 1 day in lieu irrespective of work done • Work done paid at rates within handbook (USH or O/T) Pensions • Determine locally if on call payments pensionable

10. Interim arrangements • Will remain as an Annex to the T & C Handbook • NOT the default position Transitional arrangements • To be determined locally • Several options put forward in principles • USH had 3 year protection period after new arrangements in place

11. What Next - Organisations? • Local negotiation around national principles • Guidance for local implementation of the principles has been published as part of pay circular plus FAQs • Local partnerships need to be identified in partnership! (what is your favoured option?) • Trust • Group of Trusts • Part SHA • SHA • Devolved Administrations

12. Local data collection to identify current schemes and the overall cost of on call • Principles to be determined locally: • Commitment payments • Payment for work done (incl minimum) • Compensatory rest principles • Min/max time limits for travel to work • Minimum payment for sleeping in work • Pensionable or not • Transitional arrangements

13. Pharmacists – Staff Side • Read the documents • Nominate staff representative for union members • Contact staff side lead and register an interest • Determine who the other staff side reps are • Determine pharmacists starting point and bottom line for payments • Feed these figures into staff side group • Get involved!!!

14. Pharmacists - Managers • What is your starting point and bottom line? • Alert HR and Board members of the importance of pharmacy on call service for patient safety • How are you going to manage the process in your department? • Contractual arrangement to provide on call? • Voluntary arrangement? • How many people to deliver on call • What impact will this have on recruitment and retention • Opportunities to modernise on call service?

15. GHP • Can only provide tools for individuals to use locally • Website has principles, guidance, FAQs, new Terms and Conditions handbook • Looking at doing local meetings to provide staff with relevant information • Once agreements signed off – feed into national picture

16. Unite • Developed framework for local on call negotiations (link on website) • Covers key points already raised on pharmacist slide • Also says staff should be balloted on any agreements reached through negotiation • Local training available to become an accredited rep (contact Regional Officer for Health) • Local training available for accredited reps on pay bargaining (contact Regional Officer for Health)

17. Staff Side within the Organisation • Challenge inappropriate actions by HR/management • Interim arrangements are default position – NO • Pull all affected parties / reps togethor into on call group • Agree starting point for negotiations – may prove very difficult!! • Negotiate

18. Local Partnership • Determine local agreement!!!!!!!!!!!!!!!!

19. Financial Implications Based on current interim arrangements: 1 in 12 rota for on call – 2% uplift A=10 hours working time per week of on call B=20 hours working time per week of on call (working time could include telephone advice, call outs, working hours) Band 6 (bottom of scale) A= £1356 pa B=£2202 pa Band 7 (top of scale) A=£2133 pa B=£3466 pa (Current EDC = £2859)