WIXLIB

The Temporary Staffing Office (including Medical Locums) - to ensure that allappropriate skills, competencies and training are up-to-date at all times for all TemporaryWorkers, including registrations, clearances and statutory & mandatory training; to ensurethat prompt and efficient payment is made to all Bank Workers; to book Bank Workersappropriate to the post; and to offer guidance and support to both the workforce and theTrust. To provide data for the returns that is sent to NHSi on a weekly basis on all shifts thatare reported as above the cap or off framework.People and Organisational Development - to promote and support the aims andobjectives of this policy;; to advise the Trust Board, directors, managers and staff on theappropriate use of Temporary Workers; and to provide expertise on Temporary Workerpolicies, procedures and legislation relating to Temporary Workers.All Temporary Workers (Bank and Agency) to be familiar and comply with Trust protocols,policies and procedures for all assignment and ensure that their conduct is courteous andprofessional when dealing with our patients, colleagues and other members of the public inaccordance with the Trust's CARES values – Communication, Attitude, Responsibility,Equity and Safety.Temporary Workers need to take responsibility for ensuring that they attend the TrustInduction, undertake their Core Skills Training via iDevelop and are locally inducted for everyassignment / contract for service with their Hiring managerTemporary Workers should work at all times within own competency and within therequirements of the assignment they undertake. It is a requirement that if professionalregistration is required that they maintain and keep this up to date and advise the TemporaryStaffing Office immediately if they have had, are being investigated for a serious criminaloffence or receive any criminal convictions. To give honest and timely feedback aboutdifficulties or issues of concern experienced within each assignment either to the HiringManager, in the first instance, or to the Temporary Staffing Office. If temporary workersneed to raise any concerns then a document is available from the Temporary Staffing Team.5.Process for systematic implementation of the Temporary Worker Policy andProcedure5.1 Divisional Control and CostsOperational/Service Directors, Assistant Director of Operations, Service managers, Linemanagers, Deputy Director of Nursing, Consultants must ensure that within their service linethere are robust workforce plans in place and appropriate divisional control processes bywhich Hiring Managers may be authorised to approve Temporary Workers. There should bemore senior managers with the authority to approve the usage of Agency workers (whenappropriate) and to ensure that only workers are chosen from the Trust’s preferred suppliersand not to book workers from off framework agencies.All requests for Temporary Workers must be reviewed and signed off through the relevantdivisional control and this policy should be read in conjunction with the Staffing EfficiencyProtocol on Recruitment and Temporary Staffing in particular, agency capping rates and anyexceptions through the appropriate process. Costs for Temporary Workers will be charged toBooking of Temporary Staff Policy and Procedure (including Bank, Agency and Locums)Version 4.0 (Published: August 2019)8 of 38

the approving budget holder’s cost centre including any training that has been undertaken toensure that they are safe to work.5.2Implementation of agency ceiling and price capsExpenditure ceilings and price caps for agency nursing, medics, AHPs and non-clinicaltemporary workers are set by NHSi.The price caps are the maximum total hourly rates that trusts may pay for an agency worker.Current rates are included in this ce card 2019-20 v1.0.xlsxOff framework usage: Managers will need to report using the off framework / over cap formfor all staff groups including administration and clerical, medical locums, clinical and nonclinical staff in Appendix 6 with appropriate sign off from a Board level Director or CEO. Thisis where agencies have been used that are off framework, on framework and not within theprice cap as outlined by the maximum rates above.Before seeking to book a Temporary Worker, Line Managers should consider: Reviewing and reorganising substantive staff rosters and working with colleagueswithin and outside their immediate working area to ensure all options to fill rosters areexhausted; Reallocating or delaying the work required. A need to cover a vacant post, whilst it is recruited to (although the Line Managermust demonstrate that recruitment is being actively pursued); An unexpected increase in the work due to unexpected acuity, increase in wardpressures, a health crisis or emergency, Specials e.g. 1:1s, (Registered Mental Nurse(RMN), Escorts etc. Other temporary staffing shortages which would place other staff or service users atrisk. Contact the Temporary Staffing Office to confirm the cap rate so that this can bepresented at Vacancy Control Panel.All agency shift requests will be scrutinised by the ADO/Director of Midwifery/ADN beforesign off to ensure it is appropriate to the needs of the service.5.3Prioritising forms of coverWhere unavoidable staffing shortages do arise, cover should be prioritised as follows:1) Existing substantive staff; i.e. moving staff around from other areas against saferstaffing policy and where possible and that they have the required skills.2) Bank Workers (only if cover cannot be provided by substantive staff);3) Agency Workers (only if cover cannot be provided by substantive staff or BankWorkers);Booking of Temporary Staff Policy and Procedure (including Bank, Agency and Locums)Version 4.0 (Published: August 2019)9 of 38

5.4Duration of CoverManagers should consider the duration of cover that is likely to be required in all instances.Where cover is required for maternity leave, or is otherwise likely to last more than 12weeks, this should normally be provided by recruiting substantive employees with fixed termcontracts (see the guidance on Fixed Term Contracts).Temporary Workers are not to be used as an ongoing additional resource or an alternative torecruiting to a permanent vacancy. Other than in exceptional cases and with the explicitapproval of the Assistant Director of Operations and Divisional People Solutions Partner, themaximum permitted duration for any Temporary Worker’s assignment is - 12 weeks forAgency Workers; or 6 months for Bank Workers.The Temporary Staffing Office will run regular reports to identify assignments of BankWorkers exceeding 4 months and of Agency Workers exceeding 8 weeks and will work withthe Hiring Manager and People and Organisational Development to arrange a more suitablelong term solution where possible.5.5Process for booking Temporary WorkersThe process for booking Temporary Workers is set out in the Temporary Workers BookingProcess, although these may be subject to change at short notice (and should be checkedwith the Temporary Staffing Office if in doubt). All bookings must be made in accordancewith the prescribed processes outlined in the Staffing Efficiency protocol and Appendix 3.5.5.1 Booking via HealthRoster (Bank)When Bank Workers are booked via the HealthRoster system, they must ensure that theworker's name is recorded in the system as soon as they are aware of it, so as to preventoverbooking and ensure shifts are locked down on time.5.5.2 Repeat or Direct Bookings of Bank WorkersIt is essential that Hiring Managers do not bypass the normal booking processes by seekingto arrange cover directly with Bank Workers, or that they seek to repeatedly use BankWorkers who they have used previously. Doing this undermines the temporary nature of theTrust's relationship with the Bank Worker and can create unnecessary risks of legalchallenges for the Trust. This should be discussed with the Temporary Staffing office if thereare specific cases when using the same bank worker might support continuity of care of apatient.5.5.3 Checking of CV by Divisional Specialty Lead / ConsultantWhen a booking has been authorised: CVs will be forwarded to Consultant or Registrar with devolved responsibility toapprove suitability of locum to cover shift and Approval Forms will need to becompleted and signed off ready for Vacancy Control PanelBooking of Temporary Staff Policy and Procedure (including Bank, Agency and Locums)Version 4.0 (Published: August 2019)10 of 38

This should be provided to the Medical Locum office for maintaining a record viaan agency worker checklist of who has been booked for the locum shift.5.5.4 Locum Agency Responsibilities Agency finds cover based on information given by the Medical Locum office andwill provide a completed Agency worker checklist as in Appendix 5. All detailsshould be provided included details around GMC registration (Full/Limited); theirHepatitis B status is satisfactory. Two references that are less than 12 months oldand a copy of the CV.Agency confirms rate of pay (including/excluding NI rates), and grade of Doctor inAppendix 5.A local induction should be completed prior to commencement of the shift alongwith generic IT logins should be provided by the division to undertake the locumshift effectively.5.5.5 Confirmation of bookingWhen the above criteria have been fulfilled: Medical Locums or out of hours team to inform agency of wish to book locum viaphone and email. All details of the locum and booking confirmation form to be kept on file by theMedical Locum team. Confirmation of locum’s name, hours of duty and agency to be forwarded toward/department.5.6The Bank DatabaseThe Temporary Staffing Office maintains a database of Bank Workers including nursing,Medical Locums, administration and clerical, allied health professionals and other workers,known as the Trust's Bank. All bank assignments are advertised on the Roster via Bankstaffand Bank recruitment via Trac and NHS Jobs and are recruited in accordance with theTrust’s Recruitment and Selection and NHS Employment Checks.It is the responsibility of each Bank Worker to ensure that the Temporary Staffing Office isnotified of any changes to their skills, experience, contact details and professionalregistration. The Trust reserves entire discretion to remove any individual from the Bankwhere it has any concern about the individual's conduct, capability or performance, or theirsafety training i.e. Core Skills compliance.The Trust may also periodically remove any Bank only worker who has been inactive on theBank for more than 6 months and suspend workers where there compliance with core skillstraining is not maintained and up to date. The Temporary staffing team will aim to send amessage requesting the bank worker to make contact in order to remain on the bank .Booking of Temporary Staff Policy and Procedure (including Bank, Agency and Locums)Version 4.0 (Published: August 2019)11 of 38

5.6.1 Payment of Bank WorkersBank Workers are paid in arrears by credit transfer to a nominated bank or building society.The level of remuneration for each assignment will vary according to the Trust'srequirements in respect of that assignment. (For example; number of hours needed andgrade of assignment).Substantive staff will be paid their actual point on the substantive Agenda for Change payscale and bank workers will be paid point 2 of the Agenda for Change scale. See appendix 7– AfC Payscales Any change to this should initially be discussed with the Temporary StaffingTeam. Evidence of previous pay point may be required.5.7Terms of Engagement for Bank WorkersThe Trust requires all Bank Workers to agree to and sign the ‘Terms of Engagement forBank Workers’ before they are accepted onto the Bank. (See Appendix 4)Membership of the Trust's Bank does not confer any employment rights. Bank Workers whoare not otherwise substantively employed by the Trust are casual workers, not Trustemployees. Bank Workers who are not otherwise substantively employed will not thereforenormally have the same entitlements as substantive employees, , occupational sick,maternity pay. Bank workers may be entitled to statutory benefits subject to them meetingthe relevant criteria. Bank workers are entitled to statutory annual leave which isincorporated via WTD payment.5.8Specific Assignments and Cancellations and SubstitutionEach assignment that the Bank Worker carries out is a separate engagement and there is nomutuality of obligation for the Trust to offer engagements to Bank Workers, or for BankWorkers to accept them. Bank work does not count towards reckonable NHS service.Where a Bank assignment is cancelled by the Trust with more than 2 hours' notice to theBank Worker, the Trust is under no obligation to re-allocate the Bank Worker to anotherassignment or to pay the Bank Worker.If the Trust cancels an assignment with less than 2 hours' notice, it may either re-allocate theBank Worker to another shift or, if this is not possible, the Bank Worker will be paid forwhichever is shorter of the length of the relevant shift or 2 hours, at the grade booked. TheHiring Manager should contact the Temporary Staffing Office, to check if an alternative shiftis available.Once a Bank Worker has accepted an assignment, the Bank Worker should seek to givereasonable notice of cancellation. Failure to attend for, or giving less than 2 hours' notice ofcancellation of (without substitution), or repeated cancellation of (without substitution), aBank Shift by a Bank Worker may result in the Bank Worker being removed from the Bank.Bank workers may not work bank during or in the two weeks immediately after a period ofsickness absence.Booking of Temporary Staff Policy and Procedure (including Bank, Agency and Locums)Version 4.0 (Published: August 2019)12 of 38

5.9Staff already substantively employed by the TrustStaff who are already substantively employed by the Trust, or have left the Trust within thelast 3 months may join the Bank via a fast track version of the recruitment process andshould contact the Temporary Staffing Office for details.Substantive staff applying for a bank position in a different staff group from their substantiveposition will need to undergo a recruitment process and the employment checks (e.g. anadmin worker applying to join as HCA). Substantive staff may not work for the Bank:During a period of sickness absence.If requested not to whilst being monitored under the Sickness Absence Policy or theManaging Capability Policy.If suspended pending disciplinary investigationIf have not taken their statutory annual leave entitlementIf requested not to, to avoid exacerbating an underlying health condition that mayworsen through working excessive hours, and/or following Occupational Healthadvice.If they are newly qualified nurses or other clinical with less than 6 months postregistration.If they are newly qualified allied Health Professionals with less than 6 months postregistration unless by permission of the line manager who will support and mentor.6.Booking Agency workers through approved suppliers6.1Preferred Supplier AgenciesA list of preferred supplier agencies can be found on this link f%20temp%20or%20agency%20staff.pdfThese agencies will have a track record for high quality workers, good fill rates andcompetitive fees. The Trust has service level agreements with approved agencies to reducecosts. The Trust's approved agencies will normally be on the London ProcurementPartnership (LPP) or the Crown Commercial Service CCS frameworks. All agencies onthese frameworks have demonstrated compliance with minimum mandatory trainingrequirements, and the 6 standard NHS pre-employment checks.6.2Relationship of Agency Workers with the TrustThe Trust should not have any contractual relationship with individual Agency Workers. Thecontractual relationship should be between the Trust and the employment agency, which inturn engages the Agency Worker. No existing Trust employee or member of the Trust Bank(or former member within the last six months) should, under any circumstances, be offeredwork or accept work for the Trust via an agency. Any such individual accepting work via anagency, may be subject to disciplinary action (if employed) or removed from the bank andnot offered work in future.Booking of Temporary Staff Policy and Procedure (including Bank, Agency and Locums)Version 4.0 (Published: August 2019)13 of 38

6.3Priority to Substantive Staff and Bank WorkersAgency Workers typically cost more than substantive staff or Bank Workers. AgencyWorkers should therefore only be used where cover is not available from either of thesesources in accordance with the Trust’s Staffing Efficiency Protocol(Managers shouldensure rates are secured in accordance with the maximum price capped rates allowed as inpoint 5.2).6.4Restrictions on booking Agency WorkersDuring normal working hours Agency Workers may only be booked by the TemporaryStaffing Office, in accordance with the Trust Booking Process outlined in Appendix 3(Figures 1 and 2).Out of hours, only preferred list of supplier agencies can be contacted by the SiteManagement team. Agency Workers may only be booked through agencies approved by theTrust (see Approved Agencies above).All on framework above the cap or off framework agency requests above the price cap haveto go through Director of Operations or Director on call and are only approved by BoardLevel Directors (as per Appendix 6). Any Line Managers and/or budget holders failing tocomply with these restrictions when booking Agency Workers may be subject to disciplinaryaction. Use of non-approved agencies will generate off framework invoices which will betracked via Accounts Payable and reported back to the Temporary Staffing Manager forinvestigation with the relevant division / directorate. There are added risks with using nonapproved agencies. These include non-compliance of mandatory training and rates arebeyond NHS cap. (Links with point 5.2 Implementation of Price Caps)7.Agency Workers’ Rights (Agency Workers Regulations 2010)7.1Day One RightsFrom Day 1 of an Agency Worker's assignment, the Line Manager must ensure that theAgency Worker can access the same facilities (e.g. staff café or childcare) as substantivestaff and that they have access to information on the Trust's job vacancies.7.2Twelve Week RightsAfter 12 weeks of an assignment, the Agency Worker has further entitlements relating to payand basic working conditions. The Trust's policy is that no Agency Worker should beassigned to the Trust for more than 12 weeks. If this does occur, the Line Managers must: Take immediate steps t

Tracy Nelms Payroll Manager Electronic August / September 2015 Amos Jakachira Matron Electronic August 2015 Melanie Lowe Senior Business Manager (PMO) Electronic August 2015 . The Trust has an in-house Temporary Staffing bank and Medical Locums team providing a service to cover Nurses, Healthcare Assistants/Student Nurses, Medical Locums .