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1 Management of Staff – Business Continuity Policy Senior HR Manager – Best Practice Development Version 2 November 2016

SH HR 42

Management of Staff –

Business Continuity Policy

Version 2

Summary:

In the event of an emergency, this document provides guidance on the management of staff to ensure business continuity.

Keywords (minimum of 5): (To assist policy search engine)

Business continuity, major incident, pandemic, pandemia, trigger, activation, deactivation, vaccinations, mutual aid, redeployment, absences.

Target Audience:

All staff employed by Southern Health NHS Foundation Trust.

Next Review Date: November 2019

Approved and Ratified by:

Staff Side Scrutiny Group Joint Consultative and Negotiating Committee

Date of meeting: 08 September 2016 20 September 2016

Date issued:

November 2016

Author:

Senior HR Manager, Best Practice Development

Sponsor:

Director of People and Communications


Version Control

Change Record

Date Author Version Page Reason for Change

September 2016

Louise Jones 2 Pg. 11 Insertion of reference to industrial action

4.2.1 Pg. 5

Typo – work pandemia should read pandemic

7.8 Pg. 8 30 Pg. 21

Health Protection Agency is now called Public Health England

13.4 Pg. 12

Reflecting volunteers can be issued with a notification of placement.

throughout

Notification of absences to workforce planning through timely updating of the e roster unless otherwise requested

23.2 Pg. 19

Updating relevant section reference from AFC handbook

29 Pg. 21

Reference to Inter-organisational Assistance A Memorandum of Understanding for NHS England (Wessex), Clinical Commissioning Groups and NHS Providers in Hampshire and Isle of Wight

Policy Contributors:

Version 1 of this policy has been adapted from South Central Ambulance Service Human Resources Business Continuity Policy (policy author, Heather Imber). The following members of the Hampshire Isle of Wight HR Group for Pandemic Flu Planning and Thames Valley Pandemic Flu Leads were consulted and contributed to this policy: Lynda Bicknell (Policy Lead), Nigel Evison, Margaret Fahey, Rita Hawkshaw, Phil Hartwell, Rebecca Kopecek, Alan Morton, Amanda Smith and Sarah Weare

Policy Reviewers:

Name Position Version Reviewed & Date

Human Resources Team, Staff Side and Joint Consultative and Negotiating Committee

See above Version 1, November 2012

Vicky McDonald Woods

Head of Performance and Information, Integrated Mental Health, Learning Disabilities and Social Care Division

Version 2, September 2016

Theresa Lewis Trust IPC Lead Version 2, September 2016

Staff side scrutiny group Version 2, September 2016

Local Negotiating Committee Version 2, September 2016


Contents

Page

1. Introduction 4 2. Scope 4 3. Definition 5 4. Roles and Responsibilities 5 5. Possible Triggers for Implementing this Policy 7 6. Management of Staff with a Predisposing Medical Condition

or who are Pregnant 7

7. Management of Annual Leave 8 8. Management of Sickness Absence (due to pandemic flu) 8 9. Management of Absences due to Emergency

Childcare/Dependant Care or Transport Problems 9

10. Management of Absences due to Compassionate Grounds 11 11. Management of Staff who Fail to Attend Work During an

Emergency: Unauthorised Absences 11

12. Management of Recruitment 12 13. Recruitment of Volunteers 12 14. Recruitment of Retired Staff 13 15. Deployment of Trainees/Students 13 16. Redeployment of Staff 14 17. Working Flexibly 15 18. Working Time Regulations 15 19. Provision of Food and Accommodation 16 20. Learning, Development, Training and Induction 16 21. Bereavement Support within Teams 16 22. Management of Vaccinations 17 23. Existing Agreements with Regard to Terms and Conditions 18 24. Management of Disciplinary, Grievance, and Capability

Provisions 19

25. Appraisals 20 26. At the End of the Emergency 20 27. Monitoring the effectiveness of this policy 20 28. Policy Review 20 29. Associated Documents 20 30. Supporting References 21 A1. Equality Impact Analysis Screening Tool 22


Management of Staff – Business Continuity Policy

1. Introduction

1.1. This policy is based on a framework across the South Central health area to

ensure that all Trusts are able to continue their functions when business continuity is challenged for any reason such as an increase in demand, a major incident, fuel disputes, extreme weather, flood, or widespread illness all of which may have some impact on the availability of staff to undertake their normal duties.

1.2. This policy is intended to take precedence over existing Human Resources

policies as a result of the above events and these would include:

Annual Leave Policy and Procedure

Appraisal Policy and Procedure

Disciplinary Policy and Procedure

Exclusion Policy and Procedure

Grievance Policy and Procedure

Managing Performance (Capability) Policy and Procedure

Managing Sickness Absence Policy and Procedure

Recruitment and Selection Policy and Procedure

Workforce Investigation Policy and Procedure 1.3. It is anticipated that whilst this policy is in operation all non-essential leave,

for example study leave, will be reviewed with the Line Manager and may be subject to cancellation. However it may be re-instated after the major emergency or pandemic and immediate recovery.

1.4. The decision to implement this policy will be undertaken as a result of a

major emergency or a pandemic event being declared and the Director of Workforce, Development and Communications liaising with the Chief Executive or relevant deputies.

1.5. It should be read alongside the Trust’s other relevant and current documents

relating to Business Continuity plans, Emergency Planning and the Pandemic Influenza plans.

2. Scope

2.1. This policy applies to staff directly employed by the Trust and includes trainees, secondees and staff on honorary contracts or on joint contracts with the Trust and another employer.

2.2. It also applies to staff employed by partner organisations but working for the Trust in integrated teams, also taking into account emergency plans in place for those organisations.


3. Definition

3.1. Business Continuity – refers to “…the strategic and tactical capability of an organisation to plan for and respond to incidents and business disruptions in order to continue business operations at an acceptable predefined level.”(Business Continuity Institute, 2011).

4 Roles and Responsibilities 4.1 Trust 4.1.1. The Trust has overall responsibility to have processes in place to ensure

that staff are aware of this policy and adhere to its requirements. The Trust will also:

take account, in its actions, of all its legal obligations as an employer; and

endeavour to encourage all staff to attend work during a major emergency or pandemic and support those who are genuinely unable to attend work during this time.

4.2. Managers

4.2.1. Managers’ responsibilities include the following:

Ensuring this policy is disseminated effectively to their teams and that teams adhere to this.

During a major emergency or widespread pandemic, it is recognised that a high level demand for services will be placed on managers and staff, who will be coping with staff shortages over a prolonged period. Whilst accepting that everyone will be extremely busy, it is important that any decisions taken will be able to be justified and explained post major emergency or pandemic event. For this reason it is important that all decisions made which are outside of the normal policy are recorded.

It is acknowledged that many staff will be working long hours under difficult circumstances. It is therefore important that managers continually monitor the well-being of their staff, and ensure that adequate breaks are received.

To cooperate with the Trust and ensure that all requests for information, which will be kept to a minimum and any major changes to the service are notified to the appropriate department (Directorate or Trust Command and Control Centres) in a timely manner.

4.3. Staff

4.3.1. Staff responsibilities include the following:

Have awareness of and comply with the policy.

Have a duty to cooperate with the Trust during the emergency, undertaking duties within their scope of practice, as requested.


Are required to notify the Trust if they have recently returned from an area outside the UK which has declared a pandemic incident.

Must continue to fulfil their contractual duties wherever possible.

4.4. Human Resources

4.4.1. The Human Resources (HR) team has a responsibility to ensure that the policy is followed, fairly and consistently. Their duties will involve:

Ensuring that the policy is maintained and updated accordingly in line with any organisational changes or legislative changes.

During a major emergency or widespread pandemic outbreak the focus of the HR team will change and services will be contracted to the provision of basic functions, such as recruitment of staff, undertaking legally required checks on staff/volunteers and issuing and providing advice on the application of this policy.

Whilst it is recognised that it may not be possible to pay staff everything they are entitled to (e.g. for additional hours worked during the height of an emergency), it is important that staff are paid as much of their pay as possible. In extreme circumstances Shared Business Services (SBS) will run a ‘flat’ payroll (see Management of Staff – Business Continuity Toolkit – Document 1 for SBS contingency planning table)

The Workforce Planning team will provide reasonable statistical information to the Department of Health and other local bodies as appropriate on staff data. It is expected that responding to Freedom of Information and Data Protection requests will be suspended during the major emergency.

Regular reports will also be collated and provided on absence levels across the Trust to enable service planners to react promptly to areas with difficulty (see Section 7.3 and 7.4.).

4.5. Occupational Health

4.5.1. Occupational Health will, in the event of a widespread pandemic:

coordinate and undertake the vaccination of staff in line with Department of Health guidelines;

monitor the health of staff, triaging and undertaking return to work assessments should the nature of the outbreak require it; and

advise and inform the Trust in the risk assessment of staff with underlying medical conditions

4.6. Trade Unions

4.6.1 Trade Union representatives have an important role to play generally in providing advice, support and working in partnership with managers and the Human Resources team in looking to ensure that the Trust’s Management of Staff – Business Continuity Policy is implemented.

http://www.southernhealth.nhs.uk/workday/policies/mhld-policies/?entryid28=44146&q=0%7econtinuity%7e



5. Possible Triggers for Implementing this Policy 5.1. It is neither feasible nor practical to provide a definitive list of events that

would trigger the implementation of this policy however for guidance the following is a list of possible triggers. This list is not exhaustive:

Declaration of a major incident

Activation of the Business Continuity Plan (e.g. emergency closure)

Chief Medical Officer’s bulletin via the Department of Health to activate the Trust Pandemic Plan

Absence rate exceeds 30% of the staff of the Trust or any Directorate.

5.2 This policy comes into effect on receipt of formal communication from the Director of Workforce, Development and Communications following liaison with the Chief Executive or the on-call Director.

6 Management of Staff with a Predisposing Medical Condition or who are Pregnant

6.1 During certain major incidents individuals with certain predisposing medical conditions or who are pregnant may be seriously adversely affected if they work in certain areas. The Occupational Health team should be made aware of these staff, so that they may effectively monitor and keep an up-to-date record of all such staff.

6.2. The Occupational Health team will become aware of these staff in a variety of ways, for example through pre-employment medical questionnaire, pregnancy risk assessment, management referral, data validation review, etc.

6.3. The type of predisposing medical conditions which may be affected are:

Chronic Respiratory Disease

Coronary Heart Disease (e.g. Angina)

Immune Compromised

Renal Disease

Diabetes Mellitus This list is not exhaustive. Up-to-date information will be made available on

the Trust website.

6.4. Staff who have a predisposing medical condition or are pregnant should discuss the situation with their Line Managers as soon as possible to enable a risk assessment to be carried out.

6.5. At the point this policy is invoked, managers will be required to advise the senior management team of the names of staff who are affected and the types of duties which they should not undertake, so that their needs can be taken into account when decisions are made about deployment of staff.


7 Management of Annual Leave

7.1. It is recognised that it may be necessary to limit annual leave in order to sustain services. As there may be additional pressures on staff due to increased working hours, there will not be a blanket ban on annual leave.

7.2. All requests for annual leave will be considered on their merits.

7.3. All pre-booked leave will be reviewed by managers.

7.4. The Trust may ask staff to cancel their pre-booked leave. If staff are unable to obtain a refund for a booked holiday, the Trust will look to reimburse costs incurred (subject to proof of financial loss being provided). It is expected that any reimbursement will occur after the emergency/pandemic. Reimbursement of financial loss will be considered on a case by case basis.

7.5. The Trust reserves the right to place an individual on paid leave if it is considered their continuing presence at work would constitute a risk to themselves or others.

7.6. If staff have used up all their annual leave allocation, before the end of a leave year, at the point of a major incident or pandemic being declared they may still require time off to rest and recuperate. In such circumstances consideration should be given to initially identifying legitimate alternative ways of taking time off work (e.g. Time of in Lieu (TOIL) or making time up by agreement). If there are no alternatives, appropriate consideration will be given to allowing staff to bring forward leave from the next leave year, taking into account the statutory requirements of the Working Time regulations. This will be recorded by the Line Manager. If the member of staff subsequently leaves the Trust before accruing the period of leave already taken they will be required to pay back the time.

7.7. If staff are unable to take accrued annual leave within the current year, arrangements may be made to carry forward untaken leave or, if it is deemed beneficial for the service, payment may be made for untaken leave.

7.8. During an emergency, and specifically in the event of an outbreak of pandemic, staff who have been outside the United Kingdom for any reason should report, by telephone, to their Line Manager prior to their return to work. This will enable the Line Manager to undertake a risk assessment to determine if it is safe for the individual to return to work. Guidance from Occupational Health/the Public Health England may be obtained as appropriate.

7.9. Upon formal communication that normal business has resumed, normal leave provisions will apply. (See the Trust’s Annual Leave Policy and Procedure).

8. Management of Sickness Absence (due to pandemic illness)

8.1. In the event of a pandemic any staff infected by the virus must remain off work to minimise its spread.

8.2. It is imperative that staff who are infected are supported throughout this period through the provision of advice and guidance:


Staff who display symptoms of should be sent home and advised not to work until they have fully recovered

Staff should notify the Trust of their absence in the normal way, as specified in the Trust’s Managing Sickness Absence Policy and Procedure, so that local managers can plan their services effectively.

Guidance will be given on any changes to standard self-certification arrangements.

Infected staff will be paid under their normal sick pay arrangements

The Occupational Health team and HR will continue to support managers, as required.

8.3. Managers should notify the Workforce Planning team in HR of all absences (e.g. due to sickness, special leave granted for emergency childcare/dependant care etc.) promptly through timely updating of the e roster unless otherwise requested in order to obtain an accurate picture of the impact of the emergency and to enable planning for business continuity. (See Management of Staff – Business Continuity Toolkit – Document 2 for reporting processes during the course of an emergency).

Any member of staff who is specifically absent due to pandemic flu will have a reason code ‘Influenza’ recorded on the Electronic Staff Records (ESR) system.

8.4. It will also be important for the Trust to monitor and provide information on absence levels to the Department of Health who will be monitoring the situation across all NHS organisations. To support this, a central reporting process will quickly be established and key contacts within each service and directorate will be appointed alongside their own Command and Control Centres to exchange information.

8.5. Upon formal communication that normal business has resumed, normal sickness management procedures will apply (for full details, see the Trust’s Managing Sickness Absence Policy and Procedure):-

Self Certification of absence will return to 7 calendar days,

All absences will be considered when calculating absences for the purposes of managing sickness absence.

Normal sickness reporting procedures will be resumed.

Managers will resume full management of sickness within their departments.

9. Management of Absences due to Emergency Childcare/Dependant Care or Transport Problems

9.1. Although the Trust has an obligation to maintain service delivery it is imperative that staff are supported throughout any period of increased pressure. It is acknowledged that the following various facilities may close in the event of an emergency (e.g. flooding, pandemic outbreak etc):-

Schools

Nurseries

Day care centres



This list is not exhaustive. Up-to-date information will be made available on the Trust website.

9.2. Such emergency closures will impact on staff with responsibilities for dependant(s), and staff affected may have to take time off to care for their dependants.

9.3. Within the Trust a dependant is defined as someone who depends on the member of staff for day-to-day support and is likely to be a:

spouse or civil partner,

child,

parent,

sibling,

individual living in the household as part of the family (not a lodger, tenant or boarder), or

a person who reasonably relies on the staff member for assistance (in the event of the dependant’s illness or injury).

9.4. All requests for time off will be considered on its merits. Managers should take into consideration the following when deciding if time off can be granted:

Whether the individual is a sole carer of the dependant.

The member of staff’s position in the organisation and the effect their absence will have on the team/department/Trust.

Whether staff work within those roles/departments are designated as critical services.

9.5. A supportive and pragmatic approach should be taken in these situations and an open discussion, between the Line Manager and staff member, should take place regarding the options open to both the staff member and the Trust at such a time. Consideration should also be given to the following:

The feasibility of the member of staff working from home

Temporary change to working hours and work patterns

Alternative childcare options, if appropriate

Alternative transport options i.e. lifts from colleagues, car share, taxi.

The ability to get to other Trust sites

9.6. In line with the Special Leave Policy and Procedure, up to three (3) days paid leave may be granted. The Line Manager also has the discretion to allow annual leave or grant further periods of unpaid leave.

9.7 In addition, due to the exceptional circumstances, and in accordance with the Special Leave Policy and Procedure, any further authorisation of paid leave (beyond the 3 days paid leave, outlined in Section 9.6) will be based on a Corporate decision.

9.8. All periods of maternity, adoption, and paternity, will be honoured.

9.9. All authorised parental leave will be honoured.


9.10. In accordance with Section 7.3 and 7.4, managers should notify the Workforce Planning team in HR of all absences (which include absences/special granted due to emergency childcare/dependant) promptly through timely updating of the e roster unless otherwise requested in order to obtain an accurate picture of the impact of the emergency.

9.11. Upon formal communication that normal business will resume, normal leave provisions will apply.

9.12. Management of Absences due to Industrial Action

If a major external incident is declared this may necessitate the return to work of any staff taking industrial action. The Trust in these circumstances would make attempts to contact staff to ask them to return.

10. Management of Absences due to Compassionate Grounds

10.1 Due to the nature of some major emergencies the Trust realises that staff may be affected by bereavements amongst their dependants. Whilst the Trust has a responsibility to ensure business continuity, any requests for leave in these circumstances will be treated sensitively in accordance with the Trust’s Special Leave Policy and Procedure.

10.2. The Trust also acknowledges that in some instances the need to take leave for the above reasons may be delayed due to national circumstances at the time. Managers will take these factors into account when making any decisions.

10.3. If the member of staff remains unable to return to work following the full entitlement to special leave being granted, it may then be more appropriate for sick leave to be taken. In this event the staff member must be encouraged to seek the support from their GP and a medical certificate should be obtained.

10.4. The Line Manager should ensure that the individual is made aware of the counselling services and support from the Employment Assistance Programme, Workplace Options; telephone number 0800243458; email [email protected].

The Line Manager should also consider whether a management referral is necessary, to Occupational Health, if advice and support is needed regarding the employee’s health and well-being.

10.5. In accordance with Section 7.3 and 7.4, managers should notify the Workforce Planning team in HR of all absences (which include absences/special leave granted due to emergency childcare/dependant) promptly through timely updating of the e roster unless otherwise requested in order to obtain an accurate picture of the impact of the emergency.

11. Management of Staff who Fail to Attend Work During an Emergency: Unauthorised Absences

11.1. It is the Trust’s expectation that staff will attend work. However, it is recognised that in an emergency situation such as pandemic, it is likely that

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some employees may not attend work due to fear of putting themselves or their family at risk. Line Managers should firstly acknowledge the level of anxiety that is likely to exist and seek to reassure staff. It is important that accurate information regarding risk is made available to staff to reduce anxiety. Up-to-date information will be made available on the Trust website.

11.2. The professional codes that apply to NHS staff make clear that staff have a responsibility to provide care to those in need. There is no right to refuse to attend work unless there is a clear health and safety risk to staff. Where a manager is confident that there would be no risk to the employee’s well-being if they continued to attend work, they should be informed that the absence will be unauthorised and will be unpaid. In reality, it is unlikely to be appropriate or an effective use of management time to invoke formal disciplinary procedures following the staff member’s return to work but a decision on any follow-up action should be made on an individual basis and advice sought from an HR Advisor.

11.3. In accordance with Section 7.3 and 7.4, managers should notify the Workforce Planning team in HR of all absences (which includes the above unauthorised absences) promptly through timely updating of the e roster unless otherwise requested in order to obtain an accurate picture of the impact of the emergency.

12. Management of Recruitment

12.1. During a time of major emergency the Trust will still have an obligation to maintain services of all critical core functions. It is therefore important that all recruitment activities are reviewed to ensure that any recruitment is focused upon the critical core functions and at this point all normal recruitment processes for non critical core functions will be suspended.

13. Recruitment of Volunteers

13.1. During any major incident it is likely that the number of volunteers being recruited will increase. It is important that where relevant, appropriate Disclosure and barring Service (DBS) checks are undertaken.

If the emergency is such that no time can be lost in recruiting, then, in accordance with the Trust’s DBS and Employment Checks Policy, a risk assessment must be conducted by the Line Manager highlighting appropriate safeguards to be put in place i.e. volunteer must be supervised at all times until the Line Manager is notified that satisfactory DBS clearance has been received.

13.2. All volunteers must undertake a pre-appointment health assessment questionnaire to ensure that there are no predisposing medical conditions or other risks which the Trust needs to be aware of.

13.3. In all cases references need to be taken up but in the first instance these are likely to be oral which will then be recorded in writing.

13.4. The NHS Litigation Authority has confirmed that all volunteers will need to be issued with notification of placement.


14. Recruitment of Retired Staff

14.1. Retired staff who have indicated they are prepared to return to work for the Trust during an emergency will be assessed on the basis of their current skills and duties assigned accordingly.

14.2. It is important that where relevant, appropriate Criminal Records Bureau (DBS) checks are undertaken.

If the emergency is such that no time can be lost in recruiting, then, in accordance with the Trust’s DBS and Employment Checks Policy, a risk assessment must be conducted by the Line Manager highlighting appropriate safeguards to be put in place i.e. retired staff must be supervised at all times until the Line Manager is notified that satisfactory DBS clearance has been received.

14.3. All retired staff must undertake a pre-appointment health assessment questionnaire to ensure that there are no predisposing medical conditions or other risks which the Trust needs to be aware of.

14.4. Retired staff who have been re-engaged for the duration of the emergency who will receive a payment will be issued with a temporary/bank contract after all pre-employment checks have been completed.

14.5. Please note, where applicable, retired staff must check with NHS pensions (telephone 0845 421 4000, or check website www.nhsbsa.nhs.uk/pensions) the impact of temporarily working.

15. Deployment of Trainees/Students – subject to negotiations with the relevant universities

15.1. It is acknowledged that during major incidents professional trainees/students may be working in areas affected by the incident. Trainee/Students will only be used within the scope of their competence.

15.2. During a major incident or pandemic, student placements may be extended, so that they remain in the same work area.

15.3. Students, if safe to continue in the clinical environment, need to be directed by their mentors to continue to carry out care relevant to their level of knowledge and skill, this must be under direct supervision of their mentor.

15.4. In all cases trainees/students must remain supervised at all times and, whilst undertaking their programme requirements, are to remain supernumerary.

15.5. Further guidance on the management of non-medical students in the Commissioned Healthcare Education Programmes is as follows:-

15.5.1. If at any time the placement environment is considered not to be suitable or safe the placement should be suspended and the student removed from the placement. This decision is to be taken jointly by senior Trust staff and the relevant education providers (universities). Alternative placements would endeavour to be identified for the student or if this is not possible, it is envisaged that this period would be used for independent study.

http://www.nhsbsa.nhs.uk/pensions


15.5.2. Any student removing themselves from their placement without being authorised to do so will be regarded as being absent for that period. Any students requiring to take leave of absence to support dependents (children and/or other dependents) must inform the relevant University and Trust of the situation. It is likely that this would then be recorded as ‘Authorised absence’.

16. Redeployment of Staff (including temporary transfer of staff between Trusts, following a request for mutual aid)

16.1. It is acknowledged that service delivery may change during an increase in demand, a major incident, or a widespread pandemic outbreak. In particular, areas of the business which have been identified as not a critical core function may shut down or reduce service delivery. Other health care centres, surgeries, consultants’ appointments and treatment may be reduced or be suspended for non-life threatening conditions.

16.2. It is essential that the delivery of the Trust’s (and all NHS Trusts’) critical core function continues, but with the likelihood of there being staff shortages this may prove difficult. To overcome staff shortages and ensure efficient deployment of staff in the areas of business which need support there will be a need to redeploy staff into different roles and/or to other local NHS Trusts, (following a request for mutual aid) to help manage the situation.

16.3. In the event of an increase in demand, a major incident or a widespread pandemic outbreak it is expected all staff would be asked to fill gaps in the service which may arise from staff shortages due to sickness or any other reasons and to work flexibly, possibly working at different sites, in different roles but always within their skills base and within the boundaries of safety and competence. This document provides the framework for staff regarding all redeployments as a result of the pandemic or any other incident affecting business continuity.

16.4. During a major incident or widespread pandemic outbreak the Trust will review all secondment agreements, and reserves the right to recall any secondees, subject to the terms of the secondment agreement or sooner by agreement with the host organisations.

16.5. Any staff that will be considered for redeployment will be notified by their Line Manager as soon as is reasonably practical. Where possible the Line Manager will meet with the member of staff to confirm the details of the redeployment;

Trust redeploying to and/or location of work

Period of redeployment

Key role and responsibilities

Working hours

Redeployment manager & contact details A template letter is available in the Management of Staff – Business Continuity Toolkit – Template 1

16.6. The enhancements otherwise lost as a result of critical redeployment under this policy will be protected.




16.6. The Line Manager will be responsible for completing the ‘HR 9a Variation to Contract Form’, which will confirm the details of the redeployment. However, all terms and conditions of employment will remain the same.

16.8. Claims for excess mileage and/or excess hours during redeployment should be submitted in the usual way.

17. Working Flexibly

17.1. During a major incident or widespread pandemic outbreak when schools and colleges are closed or services close, it may be necessary for individuals to temporarily alter the times that they work or where they work in order to meet their home commitments. Managers will consider all requests sensitively, but it is acknowledged that the needs of the individual must be balanced against the Trust’s needs to provide core essential services.

17.2. For example if there was a fuel shortage it may be possible for individuals to work from home for some time each week, alternatively individuals may be able to work from an alternative Trust site closer to home.

17.3. In other major incidents, individuals may be able to change the days/times that they work to meet child or dependant care needs as long as it meets the need to provide core essential services, rather than taking unpaid leave.

17.4. Alternatively during a pandemic when the Trust is required to provide individuals to answer calls for a National help line it may be possible, subject to technology, for some staff to work at home.

18. Working Time Regulations

18.1. All terms and conditions of employment for staff remain the same with the exception of the following:

Working Time Regulations: it is acknowledged that during a major incident staff will not necessarily fully benefit from the provisions outlined in the Working Time Regulations and as highlighted below:

Staff may work more than 48 hours per week calculated over the agreed averaging period.

Staff may receive less than 11 consecutive hours of daily rest

Staff may receive less than 35 hours weekly rest (including the 11 hours of daily rest) in each seven day period and may not receive the equivalent rest period over a 14 day period, either as one 70 hour period or two 35 hour periods.

Staff may not receive their 20 minute rest break when working time is more than six hours.

18.2. In all cases where individuals are working longer than 48 hours per week on average during a major incident, they will be asked to sign an ‘opt out’ form. For the opt-out form and further information on the Working Time Regulation see the Management of Staff – Business Continuity Toolkit- Document 3

18.3. Managers should be aware that working long hours over a sustained period is not a safe practice and should ensure that they and their staff take some



rest time each week in order to recuperate. Managers will be required to monitor the time individuals are spending at work and to ensure that adequate rest is taken.

19. Provision of Food and Accommodation

19.1 The Trust will endeavour to have in place suitable accommodation for staff who are deemed by department managers to be critical to the maintenance of essential services during a pandemic and who may have difficulty travelling to work. These will be arranged at Directorate level and may include off-site accommodation e.g. hotel, and staying with staff in the local area.

20. Learning, Development, Training and Induction

20.1. During an emergency it may be considered feasible to cancel induction training and non -essential training courses depending on the severity of the incident, as staff would be unable to be released for routine training. Leadership, Education and Development (LEaD) staff would endeavour to contact trainers and staff as soon as possible when the emergency was declared. LEaD staff would then be redeployed in relation to their qualifications and skills as appropriate.

20.2. There may be a need for localised training in the event of an emergency, directed by service leads within site localities. If following consultation with the Trust wide major incident planning/emergency group where a wide scale training need was identified, then following infection control advice (where required), LEaD would co-ordinate sessions if safe to do so.

21. Bereavement Support within Teams

21.1. The Trust acknowledges that during an emergency situation there may be a higher number of staff who die in service than would happen under normal circumstances. It is always a difficult time for colleagues when this happens, and due to the possible increase in numbers it is likely to have a bigger impact on staff as they will be working as small knit teams due to staffing shortages.

21.2. It is also recognised that staff may be exposed to greater number of incidences of death in their working and home environment.

21.3. Managers need to be aware of the impact these circumstances may have on the team, referring individuals to the Trust’s Employee Assistance Programme, Workplace Options; telephone number 0800243458; email [email protected]. Wherever possible major incident debriefing should occur.

21.4. Managers should notify the HR team as soon as a death in service is known so that necessary action can be taken in relation to pay and pensions. It is also important that a letter of condolence is sent to the family of the individual. Managers should seek guidance from the HR department if required.

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22. Management of Vaccinations

22.1 It is acknowledged that during a widespread pandemic outbreak, vaccinations against the virus may not be available in the first six months of the outbreak. At the point that it becomes available vaccines will be distributed in line with the UK priority groups. Health care workers who have patient contact will be one of the first groups of individuals who will be eligible for vaccinations. Whilst acknowledging this, it is likely that even when vaccines become available there may be shortages in the first instance. In these circumstances the Trust will prioritise vaccines to staff in the following order, identified as key to Priority 1 will be prioritised.

1: Staff who have not suffered from the pandemic virus who are trained vaccinators and will be responsible for vaccinating others. This may include Occupational Health staff, Walk-in centre staff, School Nurses, Health Visitors, Rehabilitation Nurses and Clinical Managers.

2: Staff who have suffered from the pandemic virus who are trained

vaccinators and will be responsible for vaccinating others. 3: Front line clinical staff, who have not suffered from the pandemic virus,

have direct patient contact and are working in high priority areas. 4: Front line clinical staff who have suffered from the pandemic virus who

have direct patient contact and are working in high priority areas listed above.

5: Non clinical staff who have not suffered from the pandemic virus have

direct patient contact and are working in high priority areas. 6: Non clinical staff who have suffered from the pandemic virus have direct

patient contact and are working in high priority areas. 7: Non clinical staff who have not suffered from the pandemic virus, who

do not have patient contact but are working in high priority services. 8: Non clinical staff who have suffered from the pandemic virus, who do

not have patient contact but are working in high priority services. 9: Non clinical staff who have not suffered from the pandemic virus

working in other areas. 10: Non clinical staff who have suffered from the pandemic virus working in

other areas

22.2 High priority areas for the purpose of Section 22.1 includes, are those involving front line staff, this may include the following areas:

Inpatient Services

Walk in Centre’s

Out of Hours staff

District Nursing

Health Visitors

Rapid Response

Child Mental Health


CCN and Supportive Care

Paediatric Services

Older Adults

Dental 22.3. For the purposes of Section 22.1 current guidance from the Department of

Health includes staff who have suffered from the pandemic virus, but this may be subject to change as it will depend on the strain of virus being vaccinated against.

22.4. The Trust will undertake a risk assessment when determining which staff in

each group will be vaccinated first. The risk assessment will include:

Type of patients/clients being seen

The number of staff in the area who have suffered from the virus already

Staffing levels

How essential it is for the service to remain operational.

Whether it is possible to redeploy staff from other areas.

All decisions of this nature will be recorded in writing for future reference.

23. Existing Agreements with Regard to Terms and Condition

23.1. During a major incident or pandemic staff will be paid in accordance with their normal terms and conditions of employment.

23.2. The following agreements are already in place for staff covered under the NHS ‘Agenda for Change’ (AfC) terms and conditions of employment, however are pertinent to the deployment of this framework and are therefore listed as follows:

Excess Mileage: those staff who have been redeployed to a different work location will be entitled to claim excess mileage at the Public Transport rate which is taxable. Excess mileage is the difference between home to current work-base and home to new or temporary work-base.

Passenger Mileage Claims: staff who take passengers are entitled to claim for each person per mile in accordance with Annex L of the AfC terms and conditions handbook and this may be claimed on any excess mileage as required. Claims should be made using the normal claim form procedures.

Unforeseen shift changes to agreed patterns of working: any staff that are required to change their shift patterns with less than 24 hours notice will be remunerated in accordance with Section 2.23 of the AfC terms and conditions (only in prospective payment system, not available in respective systems).

On-Call Payments: Staff who work on-call will receive pay enhancements in accordance with Section 2 of the AfC Terms and Conditions.


24. Management of Disciplinary, Grievance and Capability Provisions

24.1. All managers will have an obligation to ensure that service delivery is maintained to as high a level as possible; thus certain duties which are the normal responsibility of managers may not be possible.

24.2. During major incidents or widespread outbreaks of pandemic it is recognised that the instances when errors occur may be greater than normal, but if individuals have acted in good faith within their skill and competence, it would be unusual to anticipate that a disciplinary issue would arise. It is important that the cause is established and systems are put in place to ensure that the risk is minimised.

24.3. If there are incidents which do require action to be taken or are being processed when the incident occurs the following will apply.

24.4. Formal procedures 24.4.1. In the event of a major incident or a widespread pandemic outbreak it is

unlikely that managers will have the capacity to manage the formal processes within the Disciplinary, Grievance and Managing Performance (Capability) Policies and Procedure within the normal timeframes. Managers must discuss with an HR Advisor, as soon as possible, whether formal processes may be postponed until normal business is resumed. If suspension of processes is agreed managers should liaise with an HR Advisor regarding the contents of a letter that should be sent to the individual concerned (see Management of Staff – Business Continuity Toolkit – Template 2).

24.5. Workforce Investigations

24.5.1. If an investigation is underway at the point a major incident is declared the investigation must be concluded at the earliest opportunity without compromising any processes.

24.5.2. If an investigation is required but has not yet commenced at the point a major incident is declared discussion between the manager and HR Advisor should take place to determine whether it is appropriate to continue.

24.5.3. If an investigation cannot take place managers should write to the individual concerned. Managers will be supported by an HR Advisor in preparing a letter (see Management of Staff – Business Continuity Toolkit – Template 2).

24.6. Hearings

24.6.1. If a hearing has already been arranged at the point a major incident or a widespread pandemic outbreak has been declared every effort should be made to continue with the formal proceedings.

24.6.2. If on conclusion of an investigation, or further to an incident, formal proceedings are recommended the appointing manager should liaise with a HR Advisor to determine whether to go ahead with the hearing (see Management of Staff – Business Continuity Toolkit – Template 2).






24.7. Exclusions

Exclusions or Restriction of Practice should only be used as a precautionary measure and the principles outlined in the Exclusion Policy and Procedure will apply. If a member of staff is excluded during a major incident or a widespread pandemic outbreak and there is a possibility of delay to the investigation and/or arrangement of a formal hearing they must be notified by the manager (supported by an HR Advisor), in writing as soon as possible confirming the reasons for the delay (see draft letter reviewing/extending exclusion in Exclusion Toolkit – Template 4).

24.8. Upon formal communication that normal business has resumed, the management of all the above activities will return to the normal procedures.

25. Appraisals

25.1. Undertaking appraisals may be impractical in light of staff shortages and redeployment of staff, therefore dates for appraisals may need to be amended and interviews postponed.

25.2. Individuals will not be disadvantaged if their appraisal is delayed and would have been part of an assessment for a pay progression.

26. At the End of the Emergency

26.1. The decision to de-activate this policy will be taken by the Trust, and subsequently communicated to managers.

27. Monitoring the Effectiveness of this Policy

27.1. The effectiveness of this policy will be monitored following planned major incident exercises and in the light of experience.

27.2. This policy will be communicated to all staff and managers as part of the Trust major incident and/or pandemic action plan.

28. Policy Review

28.1. The policy contained within these documents will be in place for three years following approval of a review and amendments. An earlier review can take place should exceptional circumstances arise resulting from this policy; in whole or in part, being insufficient for the purpose and/or if there are legislative changes.

29. Associated Documents

Annual Leave Policy and Procedure

Business Continuity Plan

DBS and Employment Checks Policy

Disciplinary Policy and Procedure



Exclusion Policy and Procedure

Grievance Policy and Procedure

Special Leave Policy and Procedure

Workforce Investigation Policy and Procedure

Agenda for Change: NHS terms and condition of service handbook

Pandemic Influenza: Human Resources Guidance for the NHS (Department of Health, 2008)

Inter-organisational Assistance - A Memorandum of Understanding for NHS England (Wessex), Clinical Commissioning Groups and NHS Providers in Hampshire and Isle of Wight (available from EPRR Lead)

30. Supporting References

www.dh.gov.uk The Department of Health provides strategic leadership

for public health, the NHS and social care in England. Its purpose is to

improve England’s health and well-being and in doing so achieve better

health, better care, and better value for all.

https://www.gov.uk/government/organisations/public-health-england The Public Health England role is to provide an integrated approach to protecting UK public health through the provision of support and advice to the NHS, local authorities, emergency services, other arms length bodies, the Department of Health and the devolved administrations.

http://www.dh.gov.uk/


APPENDIX 1 – EQUALITY IMPACT ANALYSIS SCREENING TOOL

Equality Impact Assessment (or ‘Equality Analysis’) is a process of systematically analysing a new or existing policy/practice or service to identify what impact or likely impact it will have on protected groups.

It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. The form is a written record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law.

For guidance and support in completing this form please contact a member of the Equality and Diversity team.

Name of policy/service/project/plan: Management of Staff – Business Continuity Policy

Policy Number: SH HR 42

Department: Human Resources

Lead officer for assessment:

Rita Hawkshaw: HR Best Practice Lead & Ricky Somal: E&D Lead.

Date Assessment Carried Out: December 2012

Review date November 2016

1. Identify the aims of the policy and how it is implemented.

Key questions Answers / Notes

Briefly describe purpose of the policy including How the policy is delivered and by

whom Intended outcomes

This policy has been developed to ensure that all staff are treated fairly during the implementation of business continuity management. This policy has been formulated to ensure that guidance for staff and line managers can be implemented in a timely and effective manner while also giving individuals the autonomy to take positive action to ensure that their practice is safe and that essential services are not unnecessarily disrupted.

2. Consideration of available data, research and information

Monitoring data and other information involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. It can help you to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster good relations.


Please consider the availability of the following as potential sources: Demographic data and other statistics, including census findings Recent research findings (local and national) Results from consultation or engagement you have undertaken Service user monitoring data Information from relevant groups or agencies, for example trade unions and

voluntary/community organisations Analysis of records of enquiries about your service, or complaints or

compliments about them Recommendations of external inspections or audit reports

Key questions

Data, research and information that you can refer to

2.1 What is the equalities profile of the team delivering the service/policy?

The Equality and Diversity team will report on Workforce data on an annual basis.

2.2 What equalities training have staff received?

All Trust staff have a requirement to undertake Equality and Diversity training as part of Organisational Induction (Respect and Values) and E-Assessment

2.3 What is the equalities profile of service users?

The Trust Equality and Diversity team report on Trust patient equality data profiling on an annual basis

2.4 What other data do you have in terms of service users or staff? (e.g. results of customer satisfaction surveys, consultation findings). Are there any gaps? Equality must be considered in respect of business continuity planning. This includes issues such as disability e.g. deaf/ hard of hearing, physical disability or those in need of interpretation services. The impacts are discussed in detail in the screening assessment below.

The Trust is preparing to implement the Equality Delivery System which will allow a robust examination of Trust performance on Equality, Diversity and Human Rights. This will be based on 4 key objectives that include: 1. Better health outcomes for all 2. Improved patient access and

experience 3. Empowered, engaged and

included staff 4. Inclusive leadership

2.5 What internal engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? Service users/carers/Staff

2.6 What external engagement or consultation has been undertaken as part of this EIA and with whom?


What were the results? General Public/Commissioners/Local Authority/Voluntary Organisations

In the table below, please describe how the proposals will have a positive impact on service users or staff. Please also record any potential negative impact on equality of opportunity for the target:

In the case of negative impact, please indicate any measures planned to mitigate against this.


Positive impact (including examples of what the policy/service has done to promote equality)

Negative Impact Action Plan to address negative impact

Actions to overcome problem/barrier

Resources required

Responsibility Target date

Age

Disability

This policy is designed to protect all staff and it is anticipated that this should not impact on any one group of people over another, however it is acknowledged that the detail of the policy may prove difficult to understand and monitoring of the number of queries raised by this group of staff to ensure that they are not disproportionately affected will be undertaken.

Staff may be asked to temporarily relocate if a building is effected by an incident. Those staff who rely on public transport to get to their base may not be able to relocate to another Trust office.

The Trust will undertake any relevant risk assessment and identify appropriate and safe reasonable adjustments


Gender Reassignment

Marriage and Civil Partnership

Pregnancy and Maternity

The Trust has a commitment to ensure that no person is discriminated against due to pregnancy or maternity and will monitor that there is no discrimination on these.

Reasonable adjustments will be made in discussion with Line Manager

Race

Religion or Belief

Sex


Sexual Orientation