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HUMAN RESOURCES ANNUAL WORKFORCE REPORT 2012/2013.

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1 HUMAN RESOURCES ANNUAL WORKFORCE REPORT 2012/2013

2 To update Executive Directors on work delivered by HR as part of the Strategic Workforce Framework in 2012/13 To provide a high level overview of current priorities To show how HR has “added value” To highlight the productivity increases and Trust savings delivered through HR 2 AIM OF THE HR ANNUAL WORKFORCE REPORT:

3 MODEL EMPLOYER MODEL CAREER STAFF ENGAGEMENT PRODUCTIVITY Five Workforce Themes from Strategic Workforce Framework HRM DEVELOPMENT 3

4 Equality Monitoring: In line with the legal requirements of the Equality Act 2010 the Trust has published its equality monitoring data on its internet website. The results of equality monitoring are being used to inform the effective use of resources, improve competitiveness by attracting and retaining staff, and enhance service delivery by understanding who our patients and service users are. Equality data is also being used to monitor the effects of policies, practices and activities on staff, patients and service users from all equality groups and identify where there may be an adverse effect on particular groups BME Staff Network: The network continues to grow and now has over 250 members. The network (& the EDHR Team) has promoted Black History Month as well as running social events. The network continues to build links with local communities. In February the network produced its second annual report and held elections with new committee members being elected. EDHR training: Feedback from the sessions continues to be overwhelmingly positive. Continuing on from previous years a specific 3 hour session has been provided for new managers on the People Management Development programme. 1.STRATEGIC WORKFORCE THEME: MODEL EMPLOYER Total numbers of staff trained over the last four years Future Focus: Cultural audit of the Trust to better understand the current values and behaviours staff believe are exhibited at the trust Design programme for vision and values for new merged Trust Implement Equality Delivery System Audit effectiveness of Medical Revalidation assurance mechanisms 4

5 RECRUITMENT PROCESS The first half of the year the recruitment team focussed on updating and improving the recruitment documentation including: Developing the recruitment process Introducing generic functionality to minimise lost documentation during the recruitment process Documenting the recruitment process with timelines and expectations for managers and recruitment advisors Introducing a fast-tract recruitment process for medical staff Increasing capacity within the recruitment team The recruitment team (along with occupational health) were able to become one of 11 Trusts that are part of a pan-London project aimed at streamlining pre-employment checks, which we began to pilot on 1 st May 2013 More recently there has been a review of the recruitment process including a number of stakeholder engagement events held with recruiting managers at all levels across the Trust. A number of recommendations have come out of these events to make the recruitment process quicker with fewer areas for potential blockages. These changes will reduce the recruitment process by 22 working days from 89 to 67 working days STRATEGIC WORKFORCE THEME: MODEL EMPLOYER JUNIOR DOCTORS In the first six months of the year improvements were made to the process for the August junior doctor intake: The deanery / ESR interface was implemented removing some of the administrative tasks for the recruitment and HR admin teams An improved plan for managing the paperwork and inputting junior doctor starters onto the HR system was implemented resulting in a smoother junior doctor intake for the junior doctors, recruitment team and wider organisation Recruitment This chart shows the trends in substantive FTE and vacancies over the last year. The reduction in May of substantive FTE is due to the outsourcing of pathology services. Between January and March 2013 there has been an increase in substantive FTE, matched by a decrease in vacancies. (NB: The axis for substantive FTE is on the left-hand side; vacancies on the right-hand side). 5

6 The second half of the year has seen an increase in the urgency of recruitment resulting in several major recruitment campaigns: Scottish nursing recruitment targeting newly qualified nurses at universities A&E medical recruitment campaign aimed at reducing agency spend and improving quality of care Targeted adverts to local overseas nursing resulting in two adaptation courses being run Rolling advert for Healthcare Assistants resulting in a recruitment day Rolling adverts for band 5 nurses, working with Modern Matrons to ensure adverts are fit for purpose and can be controlled Over the last 12 months the recruitment team have processed 870 new starters including 460 junior doctor rotations. Posts approved Adverts on NHS Jobs Application s (excl ONP Nurses) Starters (all job groups but excl bank) Starters (Registered Nurses/Midwive s only but excl bank) 2012/ , / , / ,887 1, In the next year the recruitment team will be supporting the nursing directorate implement the recruitment and retention plan, supporting the workforce requirements of the proposed merger and continuing to support recruitment efforts to reduce bank and agency spend as part of the Trust QIPP programme STRATEGIC WORKFORCE THEME: MODEL EMPLOYER Recruitment 6

7 Rotas monitored twice yearly to ensue compliance. All rotas are assessed using two separate set of rules. ‘New Deal’ for which the hours are used to work out pay banding and related compliance; ‘EWTR’ which has no influence on pay but relates only to EWTR hours. HR Business Partner’s continue to work actively with the Divisions on this piece work. EUROPEAN WORKING TIME REGULATIONS YEARWHAT WAS REPORTED Achieved full compliance with EWTD by national deadline of August rotas non-compliant rotas of concern rota non compliant and 2 rotas of concern DIVISION NUMBER OF ROTAS Emergency, Specialist Medicine & Pathology 23 (includes Care of the Elderly) Cancer Critical Care and Outpatients6 Surgery St Marks Trust Plus & Radiology11 Women’s, Children, Head & Neck14 Care of the Elderly, Therapies and Pharmacy See above TOTAL54 Achieved full compliance with EWTD by August 2009 deadline Continued to drive the importance of rota compliance with junior doctors Introduction of rota compliance at both junior doctor and consultant inductions in 2011 to raise awareness of individual obligations and importance of compliance Accountability for rotas reviewed with the Medical Director and the CDs in Most divisions have a named rota coordinator and lead consultant as a result List is issued to junior doctors at induction HR BPs supported the implementation of the recommendations following review by PwC and Allocate to make changes and reduce banding supplements HR BPs work with the Divisions to provide business solutions in the advent of compliance issues and as a result of feedback following Deanery visit The Divisions are supported through the full banding process where rotas have changed significantly or a new rota has been introduced. Support the Divisions through banding appeals Continue to work with the divisions to ensure rotas are compliant and fit for purpose STRATEGIC WORKFORCE THEME: MODEL EMPLOYER 7

8 MEDICAL QIPP JUNIOR DOCTOR ROTA REVIEW This review was initiated as part of the cost improvement programme to reduce the amount the Trust spends on junior doctor rotas across all sites but in particular the rotas identified in specific specialities. The main focus of the focus of the initiative was reducing rota bandings as opposed to service redesign. The HRBPs, with support of part-time Project Manager, have been driving the implementation of the recommended actions, provide on-going support to the management of all aspects of the rota design process from a non-clinical perspective as well as, monitoring, training and re-banding for their services and to continue the strong management of rotas and rosters going forward. A total of 13 rota’s were recommended for review. The original recommendations were submitted by Allocate/PwC in November Many of the recommendations still have a good time line to implement before the next rotations, pending agreement from the DGM and Clinical Directors. In many cases no further action can be taken to progress the recommendations at this time. Those that have been agreed will start to be implemented in 2013/14. STRATEGIC WORKFORCE THEME: MODEL EMPLOYER 8

9 PAST PERFORMANCE The merger of the Clinical Education and LED teams has seen the streamlining of a number of services: A comprehensive Band 1-4 development pathway for Health Care Support Workers from induction to Foundation degree level. Established a highly regarded preceptorship programme for newly qualified staff nurses to support retention of staff. With the introduction of medication safety training we have seen an increase in the number of minor incidents reported via Datix which encourages a culture of patient safety. 2. STRATEGIC WORKFORCE THEME: MODEL CAREER LAST YEAR Developed monthly Statutory & Mandatory training reports to assist managers and staff to review and compare their compliance rate. An increase of 30% on last year for StatMan training and achieved 56% appraisal coverage (See table 1) Working in partnership with the London StatMan Streamlining Workgroup to align learning outcomes and the revitalise the Corporate Induction Our strong links with the NWL Vocational Alliance Group has enabled us to devise a framework to support the development of a multiprofessional health care support worker NEXT STEPS In conjunction with the STARRS team and Skills for Health to develop a multi-professional band 4 support worker, as part of the national clinical and community facing support worker roles, which is part funded by UKCES. This will be included in the development of the band 1-4 workforce. Promote Apprenticeship opportunities within the non-clinical teams. Devise a simple Talent management framework taking into consideration both the local national leadership framework /programme. Continue to promote & advise staff to attain post graduate qualifications within their speciality Promote the use of appraisal to support staff development and aim for 90% compliance for 2013/14 9

10 Table 1, demonstrates the increase attendance rates across the 15 statutory & mandatory training topics. Safeguarding children level 1 has achieved 94.9% compliance. 9 subjects have achieve greater than 40% compliance. An action plan is in place to analyse and address/support the subject areas to achieve at least 75% across all topics. STRATEGIC WORKFORCE THEME: MODEL CAREER 10

11 Established in Q3 of 2012 to enable divisions to gain greater control over and reduce significantly temporary staffing spend Whilst the driver for DWCMs is to reduce bank and agency spend, which would naturally sit within the productivity workforce theme, the workforce planning actions required do support the model career theme: Development and review of temporary staff spending reduction plans, monitored and reviewed monthly Recruitment plans developed by Directorates Bank and agency usage and expenditure data analysis reviewed and actions agreed Reviewed and reinforced procedure for booking bank and agency staff DWCM’s have proved useful in achieving a planned focus on the recruitment to vacant posts and a greater control on the spend on bank and agency usage. STRATEGIC WORKFORCE THEME: MODEL CAREER Divisional Workforce Control Meetings 11

12 The table shows the top and bottom 4 ranking scores from the national staff attitude survey for NWLH NHS Trust from Since 2009 NWLH levels of staff engagement have scored above average or in the top 20% of Trusts nationally 3.STRATEGIC WORKFORCE THEME: STAFF ENGAGEMENT Top Ranking Scores 2009/ / / /13 +1Staff motivation at work % of staff feeling satisfied with the quality of work and patient care they are able to deliver +2 % of staff using flexible working options Trust commitment to work-life balance Staff motivation at work +3 % of staff contributing to improvements at work Quality of job design (clear job content, feedback and staff involvement) % of staff having well-structured appraisals in the last 12 months +4 % understanding their role and where it fits in % of staff reporting good communication between senior management and staff % of staff reporting errors, near misses or incidents witnessed in the last month % of staff agreeing that their roles make a difference to patients Bottom Ranking Scores % of staff believing the Trust provides equal opportunities for career progression % of staff experiencing physical violence from staff in last 12 months % of staff experiencing harassment, bullying or abuse from patients, relatives or the public in the last 12 months -2 % of staff experiencing discrimination at work % of staff appraised with personal development plans in last 12 months % of staff appraised in last 12 months% of staff experiencing discrimination at work in the last 12 months -3 % of staff receiving job-relevant training in last 12 months % of staff appraised in last 12 months % of staff believing the trust provides equal opportunities for career progression or promotion % of staff reporting errors, near misses or incidents witnessed in the last month -4 % of staff appraised with a personal development plan %of staff believing the trust provides equal opportunities for career progression or promotion % of staff receiving health and safety training in last 12 months % of staff receiving job-relevant training, learning or development in last 12 months 12

13 Staff Attitude Survey and Staff Engagement The following actions will be prioritised over the next 12 months to help improve staff engagement and SAS results: Vision and values focus groups with frontline staff Quarterly meetings of staff champions to facilitate 2 way exchange of information between SMT and frontline staff Launch of Mediation service to support informal resolution of conflict Launch of Bullying and Harassment advisors network Targeted training for managers on spotting and tackling bullying or harassing behaviour Increased monitoring and reporting of the recruitment and selection procedures to promote greater transparency Zero tolerance to violence campaign throughout Trust but with particular emphasis on hotspots identified from SAS Consider Positive action programme to address under representation of BME staff at band 7 and above STRATEGIC WORKFORCE THEME: STAFF ENGAGEMENT 13

14 SEQOHS Accreditation Occupational Health was successfully awarded national accreditation against standards for Safe Effective Quality Occupational Health Service (SEQOHS) in December NHS occupational health units were targeted to be accredited by 31 st March The standards covered domains relating to Business probity, Information governance, People, Facilities and equipment, Relationships with purchasers and Relationships with workers. In addition a further set of NHS Standards (Core, Business, Delivery, Clinical) specifically for NHS occupational health services also had to be fully met. Accreditation is awarded for five years subject to annual self assessment. Income Generation Occupational health continues to be an active member of the NHS Health at Work Network (formerly NHS Plus) receiving regular new business enquires through this portal. Services have been delivered to a number of long standing customers. An unavoidable income cost pressure of £100k at the start of the year relating to the termination of CNWL and Harrow Commissioning contracts was offset by the acquisition of a new contract to provide occupational health services to Ealing Hospital (Brent and Harrow Community services) from 1 st April Despite the initial cost pressure Income achieved since April 2012 increased by 5% compared to 2011/12 mainly due to ad-hoc contract activity. An income surplus of £21k has been achieved against target. Occupational Health Financial Year Occupational Health Income Income Target£191,416£195,668£331,338£348,863 Income achieved£198,877£221,970£354,598£370,141 Surplus£7,461£26,302£23,260£21,278 STRATEGIC WORKFORCE THEME: STAFF ENGAGEMENT 14

15 OH Activity It has been a very demanding year for the occupational health service. Overall attendances have increased, in addition to the extra work load related to preparing for accreditation assessment. There has been a 10% increase in the number of management referrals continuing a four year upward trend. Cases have become more complex and an increase in the number of referrals for doctors at all grades has been noted. This may in part be related to the changes across the organisation including on call rotas and methods of working. Activity related to the provision of services to external customers accounts for approximately 25% of attendances. Counselling attendances have decreased by 33% largely due to the impact of efficiency savings against the counselling budget. The occupational health service fully met it’s efficiency savings for 2012/2013 to support the HR Directorates Cost Improvement Programme. Seasonal Flu A total of 1323 Trust staff received flu vaccination during the 2012/13 seasonal flu immunisation programme. 29% of frontline staff (1189) took up the vaccination; a decrease of 1% from the previous year and short of the 60% national target. A survey of 500 frontline workers carried out by OH in January 2013 to determine opinions about having a flu vaccination identified areas for development including health care worker education, management engagement and involvement in the programme, local pro active vaccinators and scheduling of vaccination sessions. An action plan is being developed for the 2013/14 immunisation programme. The OH team also supported the delivery of flu vaccination programmes for RNOH, Ealing Hospital (Brent and Harrow Community Services), G4S and a number of external customers. STRATEGIC WORKFORCE THEME: STAFF ENGAGEMENT Occupational Health 15

16 National OH Audits and Clinical Benchmarking To maintain SEQOHS accreditation Occupational Health is required to participate in national audits (Back Pain, Record Keeping, Manager Satisfaction, Customer Satisfaction) and national clinical benchmarking to demonstrate performance to internal stakeholders and customers, and to demonstrate conformance with NHS standards. Web Based Occupational Health Management Software (e-OPAS) Implementation of a new web based occupational health management system is underway. Ealing Hospital OH Department are also implementing the same software system which will ensure smooth transition of data should OH services integrate as part of merger. Streamlining Staff Movements (QIPP) Occupational Health is working with HR colleagues to develop streamlined recruitment processes, including health clearance, as part of the Pan London Streamlining Staff Movements Project. Divisional Workforce Meetings OH is piloting attendance at divisional workforce meetings. The aim is to contribute to staffing issues around sickness absence providing data on the number and trends in management referrals etc. Perceived benefits would be to ensure that OH is well informed of impending organisational changes so that proactive targeted support can be provided to staff. Further development in this area will continue throughout this year. Health and Wellbeing A number of health and wellbeing activities continue to be available to staff across the Trust including Yoga, Pilates, Reflexology, Massage, Chiropody and Zumba classes. National campaigns have been highlighted including Men’s Health Week in June and National Stress Awareness Day in November. In the run up to the Olympic Games a number of national and local 2012 Olympic Legacy initiatives were promoted including a successful and highly competitive FITBUG pedometer challenge. The Health Wellbeing and Stress Strategy Group, chaired by the HR Director, will continue to oversee the development of a trust wide health and wellbeing strategy and monitor and support the development and implementation of Corporate and Divisional Stress and Wellbeing action plans and national health and wellbeing initiatives A new service provision commenced in March 2013 offering health screening for Consultants aged over 60 years. Supported by the Medical Director, as part of annual appraisal and revalidation, the initial focus has been on Consultants aged over 65 years. Occupational Health STRATEGIC WORKFORCE THEME: STAFF ENGAGEMENT 16

17 Occupational Health Key Priorities for 2013 – 2014  To maintain SEQOHS accreditation (annual self assessment against standards)  To renew service level agreement with Royal National Orthopaedic Hospital at end of current three year contract period  To fully implement occupational health software management system  To implement a streamlined health clearance process as part of Pan London Streamlining Staff Movements Project  To deliver 2013/2014 seasonal flu immunisation programme  To work closer with Divisions be support staff issues related to sickness absence  To support the Trust development of a Health and Wellbeing Strategy  To seek further income generation or collaboration opportunities  To restructure the occupational health nursing team STRATEGIC WORKFORCE THEME: STAFF ENGAGEMENT 17

18 Workforce Changes and Development 4.STRATEGIC WORKFORCE THEME: PRODUCTIVITY The HR Directorate achieved a QIPP saving of £228,000 in 2012/13. HR were also heavily involved in supporting a number of change projects across the Trust to deliver QIPP savings targets along with the service changes taking place within the Trust. Examples of the achievement to support the management of organisational change are: Estates and facilities senior management restructure Shared service model in place for estates with Ealing Hospitals NHS Trust Paediatric Admin Review and re-structure Emergency Medicine Consultation A & E admin team review Support to Divisions implementing new Master vendor arrangements for bank and agency staff TUPE of staff into Trust from CCG’s and out to CCG’s Implementation of Consultant cross-site rota’s Implementation of Radiology cross site working Completion of HR aspects of 3 PQQ’s (pre-qualification questions) for service commissioning Support of winter plan and resourcing emergency pathway initiatives Support to 2 rounds of the MARS scheme (mutually agreed resignation scheme) Partial review of Agenda for Change on-call arrangements across the Trust Midwifery workforce review programme 18

19 CPS has entered into Master Vendor Contracts: For Agency Medical Staffing with Medacs Healthcare from July 2012 For Agency Nurses with Allied Healthcare Ltd from October 2012 Management Information is provided by both contracts (provisional savings numbers shown left) Preferred supplier contracts were created for a limited number of agencies for Allied Healthcare Professionals at the same preferential rates as Master Vendor relationships TEMPORARY STAFFING This service is managed through the Central Park Staffing Team with support from the Business Partners. CPS Recruitment Activity Fast-tracked recruitment process for substantive employees Recruitment campaign across all staff groups to increase Bank membership Targeting of 2 nd & 3 rd year students at local universities for HCA positions Numeracy and Literacy tests for new recruits to ensure staff quality Estimated Master Vendor Saving Monthly Saving Cumulative Saving Medical Staffing£45,000£408,000 Nurses£32,000 £205,000 Total £613,000 Additional Bank Members March 2012 – April 2013 HCARNAHPA&CFY1FY2ST2ST3ConTotal Management Reports: Central Park Staffing provides weekly reports of Bank and Agency Activity at Trust wide, Divisional, Directorate and Ward level detail For Nursing Activity reports are provided which include the reason given for booking the shift at the time of booking CPS supports the monthly Divisional Workforce Control Meetings with data and updates with Business Partners STRATEGIC WORKFORCE THEME: PRODUCTIVITY 19

20 Sickness Absence Consistently below target Low – lower than the national and London NHS average On average 130 staff off sick at any one time Sickness absence ‘costs’ the Trust around £6.5 million (2.8% of pay bill) in lost days – this is around 20% less than the London average and around 40% less than the national average NWLH in top 20% of Trusts nationally for staff motivation at work helping to keep sickness absence low Although sickness absence is low the staff survey demonstrates that compared to other Trusts staff do not feel pressured to come into work when feeling unwell Vacancies are increasing, but remain below target. However in some areas vacancies are above target (nursing), which is an indicator for higher sickness absence rates Plans to improve sickness absence reports provided to managers Changes to sickness absence payments from 1 st April 2013 likely to reduce sickness absence further Currently exploring a potential QIPP scheme in this area STRATEGIC WORKFORCE THEME: PRODUCTIVITY 20

21 Electronic Staff Record and Data Quality The planned data quality programme on ESR has been carried out throughout the year. This has had the additional focus of improving data quality in time for the proposed merger and resources have been targeted at supporting the PMO. Of particular note is the improved reports in the in-house minimum dataset designed to improve data quality at the point of entry and provide increased assurance to the Trust. Improvements have also been made on the usability of reports in relation to professional registration, right to work checks and CRB reports. E-Rostering The electronic rostering system (MAPS) is now being used for processing payments for bank staff across all staff groups as well as rostering and processing payments for substantive nurses, and is well bedded in across the Trust. Issues with system performance have recently been resolved through completion of the system upgrade to version 9.0 and the procurement of additional server space; two projects successfully implemented with no unplanned loss of service. The MAPS team have been working with PWC and a new action plan has been developed with plans to restart the user-group in the near future. Deanery Interface The Deanery Interface was successfully implemented in time for the August 2012 intake of junior doctors, and is now used for all deanery appointed doctors. This cuts down significantly on the volume of data entry required to input a new starter as much of information held on the deanery database is transferred through the interface into our HR system. OH Interface There is a new Occupational Health system, which the workforce team are supporting with regards to providing reports from the HR system to feed into the OH system. There is an OH interface, which should make this an automated process. Discussions are on-going with software providers, end-users and the NHS central team with regards to making this interface a reality. IAT Developments In line with the streamlining pre-employment checks and training passport projects work is being carried out to enhance the information that is transferred electronically via Inter-Authority-Transfers between NHS organisations, and the point at which this information can be requested. NWLH is part of these discussions as a pilot site for the streamlining project and through the work of the Education and Development Team. E-Technology STRATEGIC WORKFORCE THEME: PRODUCTIVITY 21

22 Workforce Reporting Current Workforce Board Report Data is provided under four of the workforce themes of model employer, model career, staff engagement and productivity and is benchmarked against the requisite performance indicators and the associated RAG rating. Commentary is added to highlight key areas of risk Routine reporting across the organisation 20 reports are sent to 11 departments on a weekly or monthly basis These reports support the organisation manage systems, and help join up information across departments Supporting Workforce Services team Minimum dataset Data quality Statutory data returns Provide assurance 5. STRATEGIC WORKFORCE THEME: HRM DEVELOPMENT Workforce Reporting Developments Workforce Assurance Toolkit The tool is designed to help organisations to ensure the staffing levels outlined in their workforce plans can deliver cost effective, safe and high quality care It enables the triangulation of workforce, activity and financial data HR Director and Head of Workforce Service have attended a workshop for the tool and are considering it’s use within the Trust Business Reporting Tool Dynamic and dashboard reporting for strategic management reports Head of Workforce Service and Workforce Information Analyst have received training and will be rolling this out across the Trust HRBPs will make use of the dynamic reporting functionality during the Divisional Workforce Control meetings in order to provide overview and detailed information as required E-Rostering reporting functionality Training is being planned for ward managers to exploit the reporting functionality within the e- rostering system Management reports from e-rostering will start to be included in the general workforce reports as the information becomes increasingly accurate Developing Independent Managers Further modules have been added to the programme this year: Fair Blame Policy, Performance Management Contract and contract variation training Job Evaluation Members of the HR team provide additional individual support via mentoring, coaching, mediation and the use of psychometric tool 22

23 Introduced in 2012 to provide the Divisions with strategic workforce information to monitor and manage performance against benchmark performance indicators. Regular part of the weekly management, monthly Directorate and quarterly performance review meetings Detailed analysis provided on a quarterly basis. The information helps to highlight issues that reflect key Trust and directorate priorities Helps to identify and analyse trends on a month by month basis which will help plan and review targeted action Information from other sources, such as bank and agency usage, vacancy levels is used to triangulate and hypothesise the reasons for the issue and suggested action plans. Information aids discussion around the use of bank and agency at the Divisional workforce control meetings The information available through the strategic workforce scorecard is also being used to support a pilot service line management project in the Max Fax directorate STRATEGIC WORKFORCE SCORECARD STRATEGIC WORKFORCE THEME: HRM DEVELOPMENT 23

24 Caseload The department has continued to manage a busy caseload of employee relations cases. Since April 2012 the team has supported over 150 formal disciplinary, capability, sickness and grievance cases. EMPLOYEE RELATIONS SERVICES DEPARTMENT This has been the first full year whereby the ER team has operated as a team of designated ER specialised advisors(five) reporting into an ER Services Manager. Employment Tribunal activity There have been a number of employment tribunal claims lodged against the Trust in the 2012/13 year. The Trust has maintained its excellent record of robustly defending ET claims and avoiding adverse findings. This is a particularly enviable state of affairs given the restraints on the Trust’s ability to settle ‘nuisance’ claims without Treasury approval (which is usually hard to get). The claims in 2012/13 were as follows : A claim of unfair dismissal, race discrimination and unlawful detriment following a protected disclosure – claim settled via COT3. A claim of race discrimination was withdrawn by the Claimant A claim of breach of contract and unlawful deduction of wages was settled via COT3. A claim of unlawful deduction of wages was withdrawn Another claim of unlawful deduction of wages was contested and the Trust was successful. A claim of unfair dismissal and disability discrimination was contested and the Trust was successful Caseload Total Cases Total Cases Of these number on-going Conduct cases resolved3629 Current conduct investigations2920 Capability cases952 Formal grievance cases16 8 Fair Blame casesN/A3 Sickness cases (all levels) Employment Tribunal Activity2011/122012/13 Struck out by ET3N/A Contested – Trust successfulN/A2 Withdrawn32 Settled via COT312 Total76 STRATEGIC WORKFORCE THEME: HRM DEVELOPMENT 24

25 Current team foci Focus on resolution of people issues within a shorter timescale Continuing to shift the focus of ER team to one of proactively coaching and advising line managers to ensure a higher level understanding of people management issues Continuing to ensure that through on-the-job coaching the ER team members become more up-skilled in terms of being able to deal with issues of increasing complexity, are able to provide advice on improved rationales for decisions and are able to provide enhanced guidance on possible options in decision-making Increasing focus of ER team to include exposure to MHPS (Doctors) cases as well as AfC where focus has generally been concentrated Continuing to develop training materials and programmes to enable managers to receive coaching on key people management principles Sessions in last year have included Fair Blame, performance management and contracts and contract variation training Review of operation of the Fair Blame policy Continuing to ensure that job evaluation requirements are dealt with at the earliest opportunity through a network of trained evaluators EMPLOYEE RELATIONS SERVICES DEPARTMENT 25

26 From May 2013, the service will be provided by the Employee Relations Services Team with support from the HR Business Partners. MEDICAL EMPLOYEE RELATIONS This service is managed through the respective HR Business Partners with support from the Medical Workforce Manager. Employment Tribunal/High Court activity Only 1 case was lodged with the Employment Tribunal Service. This case was settled prior to a hearing. In addition the service dealt with a case which fell outside of the above policy and therefore fell back on employment statute. This resulted in an application for an injunction being heard at the High Court. The successful outcome for the Trust has established a precedent in case law, which can be used by all NHS Trusts going forward. On-going work: Reviewing the Trust’s Conduct, Capability, Ill Health and Appeals Policies and Procedures for Medical and Dental Practitioners Developing training for Doctors, Managers and the Employee Relation Services Team on the Trust’s Conduct, Capability, Ill Health and Appeals Policies and Procedures for Medical and Dental Practitioners Caseload Total Cases Total Cases Of these number on-going Conduct capability cases*9147 Sickness cases131 Formal grievance cases021 Total cases (all levels)10199 * Medical Conduct and Capability cases fall under one policy Employment Tribunal/High Court Activity 2011/122012/13 Struck out by ET00 Contested – Trust successful01 Withdrawn00 Settled via COT3.11 Total12 26

27 DON FAIRLEY DIRECTOR OF HR On behalf of the Senior HR Team May 2013


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