NHSScotland 'Once for Scotland' Workforce Policies - Core Policies: Consultation

The consultation sought to understand if the refreshed NHSScotland workforce policies reflect the vision and principles set out:

‘Once for Scotland’ Workforce Polices will promote NHSScotland as a modern, exemplar employer; showcasing our core values, and promoting consistent employment policy and practice that supports the implementation of the Staff Governance Standard and effective recruitment and retention.

Fundamentally, the consultation sought to understand if the refreshed policies on - Attendance, Bullying & Harassment, Capability, Conduct, Grievance, and a Workforce Policies Investigation Process - are user-friendly and place staff and managers at the centre.

There were 78 responses to the consultation, 33 from organisations and 45 from individuals.  Most respondents agreed that for each policy consulted on that it was:

• clear and easy to read
• fit for purpose, and
• the language reflected the vision for the policies to be user-friendly and supportive reflecting NHSScotland core values

A number of respondents felt that additional supporting documentation was required to the list provided against each of the policies included in the consultation.

Attendance Policy

• Most respondents who provided a view agreed that the context within which the “triggers” have been placed reflect the supportive aim of the policy. 
• A number of respondents felt that the continued use of the terminology triggers was unhelpful and considered punitive. 
• There was a view that applying the same triggers to five day workers and those who work less days was unfair.   It was recognised that policy must reflect agreed Terms and Conditions.

Bullying & Harassment Policy

• Most respondents agreed that the greater emphasis on early resolution, feedback and maintaining relationships offer the scope to encourage employees to raise concerns and respond constructively.
• Provision of / access to trained mediators was a recurring theme in both employer and trade union respondents.
• There were differences in opinion as to whether the complainant could push for formal process to begin.
• A number of respondents made general requests for specific rewording, clarification to definitions and terminology and suggestions to the flow of the document for clarity.

Capability Policy

• Most respondents agreed that the addition of the process for addressing loss of registration covered a current gap.
• There was no clear consensus on whether notice of termination should run concurrently with the 12 week redeployment period, where redeployment is the outcome at Stage 3 of the process.
• There were a number of comments regarding and requesting timescales at individual stages and overall.
• There were a number of requests for further detail in the policy around the Occupational Health Service and implications of the Equality Act in respect of health impacting on performance. 
• Some respondents raised queries in relation to medical and dental staff and, more broadly, the issue of professional registration.

Conduct Policy

• Most respondents agreed that ‘early resolution’ fitted within the conduct policy.
• Some comments requested clarity on the flow of the policy in relation to the early resolution process.  Respondents also made general requests for some specific rewording and clarification around attendance at hearings.
• Some respondents raised queries in relation to medical and dental staff, requesting clarification of applicability.

Grievance Policy

• A majority of respondents agreed that the definition of status quo was sufficiently clear.
• Provision of / access to trained mediators was a recurring theme.

Workforce Policies Investigation Process

• A majority of respondents agreed that the stages in the workforce policies investigation process were appropriate.
• There were a number of questions raised as to who would undertake investigation, i.e. line manager or commissioning manager. 
• Respondents sought clarification on whether the employee would see the investigatory notes in advance of their interview. 

General themes

• A number of responses requested information that is not included in the individual policies – for example, representation, keeping records – and available in the standard sections on the workforce policies website.
• Calls were made for further clarity on the status of employees and workers within the policies.
• Requests were also made for clarity on policy application in relation doctors and dentists in training and where managers are employed by other organisations, for example Health and Social Care Partnerships (HSCPs).
• Training on the refreshed policies was raised as an issue by several respondents.  This related to a desire to ensure consistency of application across NHSScotland.

Consultation responses were analysed and carefully considered for policy amendment.  Key themes from the consultation and suggested amendments to the draft policies were reviewed by the ‘Once for Scotland’ Workforce Policies Programme Board.   

The Scottish Workforce and Staff Governance Committee (SWAG) formally approved on 23 October 2019 NHSScotland workforce policies on Attendance, Bullying & Harassment, Capability, Conduct, Grievance, and a Workforce Policies Investigation Process.  These policies, and associated supporting documents, set the standard for employment practice for NHS Boards and can be accessed at https://workforce.nhs.scot/