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

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

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 (Staff Council worked on USH first)

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!!!!!!!!

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 Transitional arrangements should include some form of individual pay protection

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)

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

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

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

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

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

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

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!!!

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?

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

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)

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

Local Partnership Determine local agreement!!!!!!!!!!!!!!!!

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)