Collaboration: system change and staff portability North SPF Joint - - PowerPoint PPT Presentation

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collaboration system change and staff portability
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Collaboration: system change and staff portability North SPF Joint - - PowerPoint PPT Presentation

May 14, 2023 423 likes •599 views

Collaboration: system change and staff portability North SPF Joint Chairs Meeting Andrew Rowland, Partner Nicky Green, Legal Director 25 January 2019 What are the different workforce models? Joint management/working model (existing

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Collaboration: system change and staff portability

North SPF Joint Chairs Meeting

Andrew Rowland, Partner Nicky Green, Legal Director 25 January 2019

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What are the different workforce models?

▪ Joint management/working model (existing flexibilities) ▪ Secondments ▪ Joint ventures – new company ▪ Lead/single employer model ▪ Collaborative banks

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Contractual flexibility

▪ Look at existing contractual flexibilities ▪ Place of work clauses ▪ What is covered? ▪ Flexibility clauses ▪ Reasonableness ▪ Trust and confidence ▪ Consultation and discussion with unions

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Mobility clauses

▪ Permits a change to employee’s place of work ▪ Trust and confidence ▪ Notice ▪ Limitations ▪ Tapere v South London and the Maudsley NHSFT [2008]

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Mobility clauses

▪ Look at the individual employee’s ability/willingness to travel ▪ What adjustments could be made to facilitate this? ▪ adjusting working hours ▪ start and finish times ▪ agile working ▪ Think about travel expenses – who pays?

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Workforce sharing

▪ Workforce sharing/service level agreement ▪ Employees remain with employer but are moved to a host

  • rganisation, short term or long term

▪ Secondment agreements/licences to attend ▪ Use existing flexibilities where possible ▪ Consult with staff ▪ Whose policies apply?

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Workforce sharing agreement

▪ Two/multi party ▪ Set out expectations of parties ▪ Host responsibilities ▪ Employer responsibilities ▪ Legal issues ▪ Practical issues

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Workforce sharing - legal considerations

▪ Data protection ▪ Equal pay ▪ Working time ▪ Right to work checks ▪ DBS checks ▪ Pensions

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Workforce sharing – practical points

▪ Uniforms ▪ Security passes ▪ IT access ▪ Car park charges ▪ Training

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Secondments

▪ Secondment model is an alternative to a TUPE transfer ▪ Could TUPE apply anyway (Celtec)? ▪ Risks, liabilities to third parties and management issues need to be addressed in secondment agreements ▪ Honorary contracts/licences to attend?

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Secondment agreement

▪ Duties and obligations ▪ Day to day management ▪ Payment ▪ Annual leave ▪ Duration ▪ Termination ▪ Liabilities and indemnities

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Joint employment

▪ Joint employment contract with two organisations ▪ Possible but not usually best option

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Licence to attend

▪ Permission to attend the host ▪ Does not create an employment relationship ▪ Indemnity for clinical staff

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Collaboration - practical steps

▪ Local discussions and engagement on the best way to deliver integrated care ▪ What are the potential staffing models that can be used to deliver that model ▪ What are the likely advantages, disadvantages and costs of different models

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Case Study: London Cancer Vanguard

▪ Clinical steering group ▪ Legal framework for sharing employees ▪ Statutory and mandatory training ▪ Right to work checks ▪ Information governance ▪ Policies and procedures ▪ Indemnities and funding ▪ Mobility clauses

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Any questions?