ROSTERING AND WORKING TIME REGULATIONS POLICY AND PROCEDURE REF NO SABP/WORKFORCE/0030 NAME OF POLICY, PROCEDURE OR GUIDELINE Rostering and Working Time Regulations Policy REASON FOR POLICY OR PROCEDURE To provide guidance on procedures for producing staff rosters, either electronically or manually, that are compliant with the Working Time Regulations. WHAT THE POLICY WILL ACHIEVE? Legally compliant and efficient deployment of staff and resources by effectively rostering staff. WHO NEEDS TO KNOW ABOUT IT All staff DATE APPROVED January 2014 VERSION NUMBER 3.0 APPROVING COMMITTEE Executive Board DATE OF IMPLEMENTATION January 2014 DATE OF FORMAL REVIEW An extension for this policy has been granted until July 2017 to enable a full comprehensive review to be completed. Responsible Directorate Quality Distribution All Staff AUTHOR Director of Human Resources 1 Rostering Policy 1. Introduction 1.1 Staff rosters are one of the fundamental systems used to deliver care to people who use our services by ensuring safe staffing levels at all times. It is therefore essential that they are drawn up in a timely and appropriate manner, maximising the benefits to people who use our services and without incurring any unnecessary expenditure. For staff to be able to achieve a work life balance in line with our Health and Well Being Strategy, rosters must be drawn up giving maximum notice and taking reasonable account of the needs and wishes of individual members of staff. 1.2 Good, fair and equitable rostering is necessary to achieve the Trust’s Vision and Values. All people using our services, as well as staff, have a right to expect the best support from the Trust. To do this we must ensure that work is distributed appropriately and fairly with our staff having had appropriate rest to deliver a safe, high quality service. This must be based on the needs of the people using our services. 2. Purpose 2.1 The purpose of this policy is to provide the principles upon which all rosters for staff must be based. It applies to all staff working patterns, not just those working a variable shift pattern. The only exception to this is the application of the Working Time Regulations to some junior medical staff which is covered in a separate policy Implementation of Working Time Directive for Doctors in Training. All other aspects of this policy apply. 2.2 This policy also covers compliance with Section 27 of the Agenda for Change Handbook which covers the Working Time Regulations (WTR). Section 27 should be read in conjunction with this policy where full details of the restrictions on working time necessary to comply with the Working Time Regulations can be found. 2.3 The Trust has adopted the Healthcare Roster computerised system to ensure rosters are compliant with the Working Time Regulations though guidance is given for manual rosters too where this system is not in operation. 2.4 The Flexible Working Policy must be read in conjunction with this policy to support staff that may have particular requirements in their working patterns. 3. Scope 3.1 This policy and procedure applies to all staff except Directors and staff with Medical and Dental Terms and Conditions of Service. 2 4. Policy Principles 4.1. To ensure that the services are safely staffed. 4.2. To ensure safe and appropriate staffing for all departments using fair and consistent rotas. 4.3. To improve the utilisation of staff and reduce temporary workforce expenditure by providing managers with clear visibility of staff’s contracted hours. 4.4. To minimise clinical risk associated with the level and skill mix of clinical and non-clinical staffing levels. 4.5. To improve monitoring of sickness and absence by department and individual, generating comparisons, and identifying trends and priorities for action. 4.6. To improve planning of study days, annual leave and other non-clinical care working days. 4.7 Any employee’s flexible working arrangement agreed by the service manager should be reviewed regularly and be published so that all staff working a particular roster understand the local arrangements, where they exist, for all staff on that roster. 4. References 5.1 This procedure is to be read in conjunction with the following: Flexible Working Policy Leave (Paid and Unpaid) Policy Grievance Policy and Procedure Absence Management Policy Agenda for Change Handbook Implementation of Working Time Directive for Doctors in Training Health and Safety at Work Policies 3 ROSTERING AND WORKING TIME REGULATIONS PROCEDURE REF NO SABP/WORKFORCE/0030 NAME OF POLICY, PROCEDURE OR GUIDELINE Rostering and Working Regulations Procedure REASON FOR POLICY OR PROCEDURE To provide guidance on procedures for producing staff rosters, either electronically or manually, that are compliant with the Working Time Regulations. Legally compliant and efficient deployment of staff and resources by effectively rostering staff. WHAT THE POLICY WILL ACHIEVE? Time WHO NEEDS TO KNOW ABOUT IT All staff DATE APPROVED January 2014 VERSION NUMBER 3.0 APPROVING COMMITTEE Executive Board DATE OF IMPLEMENTATION DATE OF FORMAL REVIEW January 2014 An extension for this policy has been granted until July 2017 to enable a full comprehensive review to be completed. Responsible Directorate Quality Distribution All Staff AUTHOR Director of Human Resources 4 Summary of Changes since Version 3 Page /Paragraph/ Appendix Number (select the appropriate action) Original / New / Amendment / Deleted – Statement (select the appropriate action) Amendment Policy and Procedure combined into one document and Title Changed to remove E-Rostering Insert “Reviewed by the Rostering Manager and their line manager” where the former policy was non-specific before Added a requirement to ensure the rostering manager takes account of forthcoming staff changes when developing their roster Throughout the document, the word ‘Ward’ is replaced with ‘Service’ 1.1 Amendment 1.1 New 1.1 Amendment 5.1 Amended Added a requirement to review previous year’s allocation in determining who may have annual leave when there are multiple requests Flexible working arrangements review period extended to 6 months in light of discussions at Staff Survey Forum discussions The words ‘each day’ have been added for clarification 5.1 Amendment ‘except where necessary’ has been removed 5.1 bullet point 14 Bullet point replaced with ‘In addition to clinical staff, all staff that support the service should be entered onto the roster’ 6.5 Removal Point deleted 7.8 Amendment 20 hours’ time owing reduced to 12 hours. 7.10 Amendment Requirement to take time owing within three months and the right to overtime removed. Wording adjusted for clarification following comments by our employees “Although the legislation allows staff to opt out” is added. 3.2 Amendment 4.3 Amendment 9.3 Deletion Section 9 on Overtime 10.4 Deletion The opt out to work more than 48 hours in the Trust is removed in line with the Trust’s Quality of Service agenda 5 13.1 Amendment Removed ‘as far as practicable’. 17. Deleted Duplication of earlier detailed steps in the policy General Throughout the policy, duplication has been removed wherever possible ROSTERING PROCEDURE 1. PRINCIPLES FOR PRODUCTION OF THE ROSTER 1.1 Managers should produce a duty roster at least 6 weeks in advance of the period to which the roster relates, using Healthroster where implemented, and should ensure that the roster reflects the following requirements: 2. Minimum staffing levels (number of staff) and skill mix (experience of staff required and gender) by shift and by day. This must be reviewed by the rostering manager and their line manager regularly in the light of any significant change to the ward function but at a minimum on an annual basis. Rules relating to all types of leave, most importantly the Annual Leave, Study Leave and Working Time Regulations Rules relating to self rostering where appropriate. Christmas off duty requirements in line with local procedures Service requirements. The maximum number of requests that can be considered for days off on any single date. The maximum number of requests a member of staff may make in any one rota period The maximum time ahead that requests can be entered, in order to ensure that new employees who join the team have a fair chance of adding their requests. The date by when requests have to be made for consideration within the roster Staff changes such as retirements, resignations and the recruitment to vacant posts LOCAL PROCEDURES 2.1. This policy requires each department to produce local procedures or review any existing procedures in consultation with the staff group. Local procedures must comply 7 with the principles and guidance set out in this policy and procedure. Where consensus cannot be reached, the Trust Grievance Procedure should be followed. 2.2 Local procedures must be agreed with the manager or director, who must sign a copy. The manager must then ensure that all staff are aware of these procedures, understand and follow them. Copies must be available to local staff and included in local induction. 2.3. All local procedures must be reviewed at least annually. 3. ANNUAL LEAVE 3.1 All managers must draw up or review local procedures following consultation with their staff team for the agreement to, and allocation of, annual leave in line with the Trust’s leave policy. The following minimum standards must be attained: The maximum number of staff and/or staff groups that can be offered annual leave at any one time, which must be based on skill mix and needs. Fifty per cent of annual leave including time allowed for bank holiday should normally be booked by the 31st May and the remainder by the 31st October. Exceptions may be allowed in local procedures but they must not cause the department to incur extra expenditure. A maximum of 5 days may remain unallocated. Both manager and staff member must ensure that all annual leave is taken within the financial year Annual leave must not be booked over the Christmas and New Year period until the Manager is satisfied it is not going to require cover with temporary staff. A minimum of 20 days annual leave must be taken as leave without the member of staff working for this Trust or elsewhere. 3.2 The local procedure must state how annual leave is to be allocated when there is more than one request for the same period. The manager should make their objective decision following discussions with the staff concerned, taking all factors into account. A review of the previous year’s allocation may be helpful to ensure a fair approach. The precise factors should be agreed with the local staff team as part of the local procedure. 4. FLEXIBLE WORKING 4.1 The Trust fully supports flexible working and family friendly working but needs to ensure safe levels of staffing and skill mix and therefore reserves the right to decline such requests. 8 4.2 Staff who have an existing Flexible Working arrangement should discuss this with their manager. Where they are not currently in writing, they should be agreed and recorded using the Flexible Working form. 4.3 Flexible working arrangements must be managed and reviewed at 6 monthly intervals to maximise the quality of patient care and reduce clinical and non-clinical risk. 4.4 In the event that agreement cannot be reached the member of staff is entitled to pursue the matter by use of the Trust’s Grievance Procedure. 4.5 Where staff have a special arrangement to work they cannot work on the bank or for any other employer at times covered by the arrangement, without first offering to work those shifts as part of their normal working week, in their normal place of work. 4.6 Staff that have informed the ward that they cannot work specific dates or times should not be working these on the bank. Managers should keep these flexible arrangements under regular review with staff members at supervision and seek confirmation from the individual that they are not working bank at the relevant times. 5. PRODUCTION OF STAFF ROSTER 5.1 There must be a local procedure for allocating staff to the roster, which will be introduced following consultation with staff. The following principles must be included: All ward/department duties must commence on a Sunday. Each area should work to an agreed funded establishment which is reviewed annually or in line with reconfiguration. Permanent staff’s contracted hours must be used to cover as many different shifts as possible each day. This will help to ensure that bank and agency staff are working with regular staff when used. The roster must reflect the skill mix and number required and should not include staff or skills over the required level where this may cause shortfalls on other shifts or the need for temporary staff. Senior staff should not be on duty together. Service Managers must generally work weekdays 9am – 5pm but may occasionally work differently to support the service, e.g. for the ad hoc support of permanent night staff. The Roster must show who is in charge on each shift and who is providing medication cover. These individuals must have the designated skills and competencies to lead the service. 9 All shifts should be equitably allocated to all staff in accordance with their contract of employment and the Trust’s policy on Flexible Working to ensure all staff receive a fair allocation and variety of shifts. Managers must ensure that normal hours do not exceed an average of 48 hours over a 17 week reference period. Any new requests for flexible working should be processed in accordance with the Flexible Working Policy and the outcome recorded using the form provided within this Policy. Only once all permanent staff shifts have been allocated, should other shifts be made available for bank coverage. The bank and agency protocol should then be followed to fill any gaps in the roster. Staff should not make more than 4 requests within a 28 day period pro rata for part time unless there are exceptional circumstances. Managers should endeavour to comply with all reasonable requests; however, this should not require the use of agency staff. All staff must have equal access to requests for particular shifts/time off. Requests for popular periods (Bank Holidays and School Holidays) should be considered equitably and a review of last year’s allocation undertaken where necessary to ensure fairness. Managers should be mindful of the need to assist staff with leave wherever possible, whose religious festivals occur at different times of the year from the eight national holidays. All off duties should be composed to adequately cover requirements utilising permanent staff proportionately across all shifts Shifts given a high priority on Healthroster must be filled first, i.e. nights and weekends. It should not be routine to use bank/agency permanently on night shifts. The relevant Service Managers will undertake the monitoring and approval of each unit’s off duty upon completion, produce analysis reports, and approve all shifts where temporary staff are requested. If any of the staff are working non–standard shifts such as late starts, this should be entered to avoid misinterpretation. In addition to clinical staff, all staff that support the service should be entered onto the roster. In areas where the workload is known to vary over the week staff numbers and skill mix should reflect this. 10 6. Senior staff time will be distributed across different shifts. Responsibility for the updating of establishments, as identified on Healthroster, and the safe staffing of each ward lies with the Service Manager, even if she/he does not undertake the task of producing the off duty roster. Guidance can be found at Appendix 1 CHANGES TO ROSTER 6.1. Staff wishing to alter their roster should, in the first instance, attempt to exchange shifts with other appropriate team members. Changes should be made within equal band and with consideration to the overall skill mix of all shifts being changed. 6.2 All changes must follow the principles outlined above, be authorised by either the manager or designated deputy, and should not result in overtime expenditure or use of agency staff. Only in unforeseen circumstances can changes be made and retrospectively approved by the manager or deputy. 6.3. No member of staff should be required to change their rota with less than 24 hours notice. Any such change to the rota can only be made following discussion and agreement with the member of staff involved. The manager should not seek to enforce a change if this would cause disruption to prior commitments made by the member of staff involved. 6.4 When there are unforeseen circumstances, i.e. a member of staff going off sick at short notice, the manager may request a member of staff to agree to stay on and work additional hours. See Section 7. 1. UNSOCIAL HOURS / TIME OWING 7.1 Unsocial hours should be distributed evenly and fairly, in accordance with agreed contractual restrictions. 7.2 Any time over/above shift times should be authorised by the relevant Matron and recorded on Healthroster. 7.3 Any time claimed back, must be recorded and signed by the manager. 7.4 Every 8 weeks the Ward Manager must run a report using the ‘My staff hours’ report available to ensure any staff hours that do not balance over a 4 week period are balanced over an 8 week period. 7.5 Local procedures should be in place for the process of authorising time owing. 7.6 All time-owing/time in lieu must be agreed in advance where possible. Any accrued or taken hours must be appropriately recorded. 11 7.7 Retrospective agreement will only be given where there was a clear and urgent need. In either case the reasons must be recorded and signed by both the line manager and the staff member concerned. 7.8 Managers must ensure that no more than 12 hours’ time owing either way is accumulated. In the event of accumulating time owing in excess of 12 hours, this must be authorised by the /operational manager during office hours or the first line on-call manager out of hours and the additional hours taken back the following week. 7.9 Accumulated time-owing hours above 12 must be taken within 28 days of working the additional hours and any difficulties in achieving this must be brought to the attention of the Manager. Managers may not unreasonably refuse to allow time off in respect of time owing. However, where this is unavoidable it will not result in any loss of hours. Managers must confirm in writing the reasons for any decision made relating to this. 7.10. Booking of time-owing should follow the same principles as for annual leave in that it should not incur unnecessary expenditure. 8. UNEVEN WORKING PATTERNS 8.1. As stated in Sections 10.1 and 10.2 of the Agenda for Change Handbook, the standard or contracted hours may be worked over any reference period, e.g. 150 hours over 4 weeks or annualised hours, with due regard for compliance with employment legislation such as the Working Time Regulations. 8.2. A record should be kept to ensure that this principle is correctly adhered to. 2. WORKING TIME REGULATIONS/OPT OUT 9.1. See section 27 (Part 4) Employee Relations of AfC for Working Time Regulation requirements. These should be complied with in addition to the requirements below. 9.2. It is the responsibility of ALL employees to ensure compliance with Working Time Regulations. 9.3 Although the legislation allows staff to opt out, our Trust’s local arrangement requires staff to abide by the 48 hour working week limit. 9.4 By local agreement, no member of staff shall work more than 48 hours in any 7-day period. This total includes hours worked in all employment including bank, NHS Professionals and agency, whether for the Trust or any other employer. 9.5 This requirement will also be placed upon all agencies providing staff to the Trust. 12 9.6 Under the WTR night staff cannot opt out of the 48hr maximum. Night staff are defined as staff who regularly work nights. For example this would include staff on rotating shift patterns who work one week in three on nights. 10. IN WORK BREAKS 10.1 The Trust requires all staff to take a minimum of twenty minutes unpaid break during any period of work in excess of 6 hours. During that break period they should be free to leave the premises should they wish to do so. 10.2 Breaks must not be taken at the end of a shift, as their purpose is to provide rest time during the shift. 10.3 In exceptional circumstances, following a risk assessment, if the member of staff is required to remain available for immediate recall to work, this will be a paid break and the finish time of the shift will not be extended by the length of the break. 10.4 In all cases where there is a paid break, a risk assessment must be included in the local procedures. Where there is no risk assessment it will be assumed that staff are free to leave the premises during their work break. 3. WEEKLY REST PERIOD 11.1 As far as possible staff should be rostered so that their rest days are taken consecutively. A rest day must be a minimum of 24 hours plus 11hours break between shifts making a total of 35 hours. A 2 day rest must be 48 hours plus 11hrs making a total of 59 hours. 11.2 Unless by special arrangement, no one should be rostered to work more than 6 consecutive days. 4. SHIFT PATTERNS 12.1 11 hours must be allowed between shifts as far. This means that staff should not be required to work an opposing pattern of shifts. For example: Late/Early/Late/Early/Late/Early. However, it is permissible to have one break that is less than 11 hours in a run of shifts. 12.2 Night shifts should be kept together wherever possible. No more than 4 nights in a row should be allocated to a staff member. There should be a minimum of 2 days off after a period of night working. 12.3 All shifts longer than 6 hours must include a minimum 20 minute unpaid break. Shifts of 12 hours or more should include 60 minutes of unpaid breaks. 12.4 The Manager/Nurse in Charge has responsibility for ensuring that breaks are taken. 12.5 Staff should not work more than three consecutive weekends. Additional weekends off can be rostered where ward requirements allow. 13 12.6 Weekend shifts are defined as Friday night, Saturday day or night, Sunday day or night. 12.7 Staff should work no more than a maximum of 5 consecutive standard day shifts. Staff may specifically request to work more than this to a maximum of 6 days 13. LONG DAYS 13.1 Staff must not be rostered to work for any period longer than 13 hours. 13.2 Within the 13 hours there must be appropriate breaks of not less than 40 minutes. 13.3 The preferable number of consecutive 12-hour shifts (days or nights) recommended for staff to work is 3. In exceptional circumstances, staff may work a maximum of 4. 5. SLEEP-INS 14.1 Sleep-ins are subject to a separate agreement but should not breach the requirements of the Working Time Regulations. Best practice would preclude a sleep-in being placed between a late shift and an early or preceding an early shift. 6. ADDITIONAL E-ROSTERING PRINCIPLES 15.1 This section details specific principles only available within the electronic rostering system. 15.2 Healthroster provides the facility for staff to be rostered to an agreed duty requirement, managing staff availability and allowing clear visibility of ward (staffing) levels. 15.3 It provides a facility for recording annual leave and sickness absence. Staff are also provided with access to Healthroster by the associated Employee On Line facility to request shifts and leave. 15.4 It is for use by the appropriate persons for creating and authorising rosters and recording absences. The system has the facility to track and produce reports for absence, leave and additional duties. 15.5 The E-rostering system will be accessible to Human Resource and Finance staff as appropriate. 15.6 A Healthroster authorised user will be able to : Manage Rosters – creating and updating rosters and deleting rosters where they are not required. 14 Auto Assign Duties – When creating a new roster users must use Auto Roster feature to assign duties to a roster. Auto Roster will automatically assign shiftsrespecting the rules, personal patterns and skill mix - to the available staff. Auto roster will first assign Nights and weekends and after day shifts. Assign Duties Manually – Users must assign duties manually, including the processes for swapping and combining duties, after the Auto Roster has completed. Administer Rosters – once the roster has been published, the user must manage the ongoing changes made to the roster. Examples of changes made to the roster include the recording of “No Shows” (e.g. sickness/ last minute annual leave / carers leave), cancelling duties, and the creation of additional duties. 15.7 Authorised users: Roster Administrator - Ward Manager or Service Manager or Deputy Ward Manager or admin and will be responsible for creating and updating the roster. Roster Manager - Ward Manager or Service Manager and will be responsible for reporting, partially approving and partially finalising the roster. Roster Approver - Service Manager or Modern Matron or Associate Director and will be responsible for reporting, fully approving and fully finalising the roster. 16. STAFF REQUESTS 16.1 Staff will have access to the Employee on Line facility to make requests for shifts and annual leave. 16.2 These requests will be considered in the light of requirements to a maximum of 4 requests per person within a 28 day period. 16.3 Leave arrangements are set out in the Leave (Paid and Unpaid) Policy and requests for flexible working patterns will be considered in accordance with the Flexible Working Policy. 16.4 Requests will be considered in the light of need. Staff should indicate if their request is essential or desirable. 16.5 Application can be made for regular specific shifts or days off. These are known as personal patterns. They must be agreed and reviewed quarterly by the Manager who must take into account requirements and equity for other staff members before agreeing to the request. 16.6 If annual leave is being taken during this time, off-duty requests should be pro rata. 16.7 Personal patterns are not to be considered as requests. 16.8 It cannot be assumed by staff that their requests will be accommodated. This includes essential requests. The needs of the service must take priority. Staff should be 15 considerate of their colleagues and the requirement that they are fulfilling their share of weekend and night shifts. 16.9 Requests from staff who typically make few requests, will be given higher priority by Health Roster than requests from staff making numerous requests. 16.10 Where request forms are being used staff should be informed of the closing date and no further requests will be accepted after this date. It is suggested this is 7 weeks prior to the roster being worked. 16.11 If staff wish to change their rostered shift post publication a fair swap should be made with another member of staff of the same grade that meets the Ward Manager’s approval. 17. PRODUCTION OF OFF DUTY ROSTERS 17.1 A table and flow chart of the process is attached at Appendix 3. 17.2 The publication of working rosters will take place according to the Roster Calendar shown at Appendix 4. 1. 18.1 ROSTER VALIDATION AND APPROVAL The following processes apply: Rosters to be published 6 weeks before off duty commences; Shifts to have an agreed total number of staff and skill mix as shown by the establishment templates; Creation of the off duty should be within budget for the ward; All staff to have at least one weekend off in a 4 week period; The number of unfilled shifts that occur on nights and weekends is 0%; Only 5 standard shifts days/nights should be worked consecutively and no more than a maximum of 7, if specifically requested; Use ‘Approve and Analyse’ when checking the Roster Effectiveness Indicators. There should be no hours carried forward. Check the Roster Analyser Summary Tab for the following: Roster Effectiveness Indicators Roster unfilled – this should be no more than 20% Over Contracted Hours - this should be as near to 0 as possible Lost Contracted Hours – this should be as near to 0 as possible Additional Shifts – why have they been used Wrong grade type – why have they been used 16 Fairness and Safety Indicators Requests – no more than 4 agreed within the policy according to hours worked. Shifts with Warnings Check that the policy rules are not being broken by viewing my Roster Stats and reviewing the Rule/Violation column If rules are being broken, contact the Rostering Administrator for further details Shifts without Charge Cover – this should be 0, all shifts must have an identified team leader Annual Leave is evenly distributed and is consistent with the % calculated for the ward Mandatory Unfilled Shifts, Sunday/Bank Holiday should be lowest figures Check Effectiveness Tab for: Requirements v Availability Staff Unavailability – there should be 0 warnings Filled Shifts – there should be 0 Optional and Additional Shifts unless agreed prior to the creation of the roster Check that Personal Patterns are still valid by reviewing flexible working arrangements every 3 months. 18.2 If a roster is rejected an email should be sent to the Roster Manager indicating why it was rejected. 18.3 A completed roster must be reviewed by the Roster Approver responsible manager and approved prior to being published. 18.4 The purpose of the review is to identify potentially unsafe shifts, shifts for which temporary staff cover is planned and other possible options discussed and any agreed parameters that have been exceeded. 18.5 Once the roster is reviewed it should be fully approved – Approved by the Roster Manager and by the Roster Approver. Fully Approved rosters are automatically published and therefore available to Staff via Employee on-line. 18.6 Once the roster has been fully approved it should be printed and made available for viewing by all applicable staff at least 3 weeks prior to its effective date. 18.7 Any changes made after the roster has been approved must be clearly marked for audit purposes. Staff will be asked to sign a copy of the agreed roster in advance and will be asked to make notification in writing of any eventual changes to working patterns. 17 19. KEY PERFORMANCE INDICATORS 19.1 The following Key Performance Indicators will be monitored by Associate Directors and Roster Approver at Business Meetings, using Analysis Reports (Appendix 5): % of lost contracted hours % of over contracted hours % of additional duties % of unfilled duties % of non-effective working days, Details of vacant shifts by temporary staff cost category Non effective working days - Staff’s unavailability during the 4 week roster period is broken down in to the following categories. The total percentage of these should equate to the overhead that is built in to each establishment. For example the headroom, currently set for 24/7 services at 23%, comprises: Annual Leave 16% Study Days 2% Leave (Sickness, Maternity, other) 5% Requests - numbers of requested shifts compared with Trust policy Contracted staff by WTE Number of bank requests to total bank hours worked. Number of vacancies Number of bank requests on weekend and night shifts 19.2 Rosters that fall outside set parameters may be rejected. 20. BOOKING OF TEMPORARY STAFF 20.1 Temporary staff shifts will only be approved if requests meet the following criteria: within budget within existing vacancies to cover either band 5 or band 2 roles to cover unpaid maternity leave 20.2 Temporary staff required outside these parameters must be authorised by the Matron, Associate Director or on call manager. 18 20.3 Temporary staff cannot be used to take charge of departments unless they are known to the department, have been assessed as competent to do so, and are willing to take charge. This must be approved by the Matron, Associate Director or on call manager. 20.4 Staff who have been off sick in the previous 7 days must not undertake bank work for a period of 5 working days from their date of return after sick leave. 20.5 Night and weekend shifts must be covered by substantive staff whenever possible, without imposing unreasonable strain on substantive staff. 20.6 Study leave should not be covered by temporary staff. 21. CHANGES TO PUBLISHED ROSTERS 21.1 The following processes apply: Unit managers will amend rosters to reflect actual shifts worked i.e. changes due to sickness, no shows and additional shifts. The actual worked roster must be updated on Health Roster by 12:00 every day. Shift changes should be kept to a minimum. In the first instance, staff wishing to alter their roster should attempt to exchange shifts with appropriate team members. Changes should be made with an equal grade, and with consideration for the overall skill mix of all shifts being changed. All changes must follow the procedure, be authorised by either the manager or designated deputy and should not result in overtime expenditure or use of temporary workers. Changes to the roster sheets should only be made by the manager or their deputy except in urgent, unforeseen circumstances and these must be retrospectively approved by the manager or deputy. Except in instances of operational necessity, managers should provide at least 24 hours notice of a change of roster. However in discussion and agreement with a member of staff the manager may request a change of rota with less notice e.g. to cover for a member of staff going off sick. 22. ANNUAL LEAVE 22.1 The following processes apply: • Annual leave must be booked within the context of the Trust’s Leave Policy. The Manager or designated deputy is responsible for approving all annual leave and for ensuring that annual leave is taken in accordance with this policy. Managers should ensure that staff are aware of local procedures for the allocation and agreement of annual leave. 19 If a member of staff needs to delay or amend an annual leave booking this will be considered taking into account local needs, provided it does not incur extra expenditure. Managers are responsible for calculating the number of qualified and unqualified nurses who must take annual leave in any one week. This number must be made explicit and adhered to in order that the workforce is appropriately used to cover needs. Annual leave parameters are expressed as percentages in the Healthroster reporting system and managers are responsible for ensuring that the total amount of leave taken by staff each week falls within the band of a minimum of 11% to a maximum of 17%. Should this number not be met, by way of requests, the Manager will allocate leave following discussions with the staff concerned. This is a key performance indicator for assessing effective use of the workforce and will be monitored regularly by Associate Directors and senior management. The Employee Online system tool is available to enable staff to book annual leave and should be used to enable effective collation of annual leave information. Managers may refer to e-rostering annual leave records when signing annual leave forms to ratify leave taken which are in the Leave Policy. Roster Managers must liaise with the Rostering Team when there are staff under term time contract working at the unit in order to set special parameters for them. 23. STUDY LEAVE 23.1 The following processes apply: Study leave will be assigned in line with the Leave Policy. Managers should ensure that mandatory training is balanced throughout the year and assigned per rota. 24. SICKNESS Please see Absence Management Policy and Procedure (SABP/Workforce/0033) 1. ELECTRONIC STAFF RECORD (ESR) ESR remains the master system for recording of all staff data. 20 21 Appendix 1 Guidance for Producing a Roster Process Use the Trust standard roster dates Close the roster to requests and input / approve requests and add / approve any non-effective periods. Run the autoroster (this will try to fill in the expensive / difficult to fill shifts (e.g. nights / weekends) first and create a balance). Ensure that there is a nurse in charge for each shift, manually move shifts as necessary. Fill remaining staff hours with vacant shifts, adjusting duty times where necessary. Review roster analysis data, ensure good balance of staff across 4 week period, all staff hours are used, charge cover allocated and there is an even balance of popular and unpopular shifts amongst substantive staff. Staff unavailability should be within the specified parameters, if it is not the roster should be reviewed and amendments made before reviewing the analysis data. Approve the roster and inform Roster Approver (Matron/Service Manager/AD) that the roster is ready to be fully approved. Roster Approver review analysis data, if there are gaps in the roster try to cover them by moving nurses or responsibilities between teams / wards. Once approved by Roster Approver the roster is automatically publish in Employee On-line. It should also be printed, including the agreed vacant shifts to be filled by Momentum. If there are still gaps in the roster, plan to fill them with temporary staff or by using supernumerary staff e.g. prioritise workload or consider moving less urgent tasks to another shift and/or make best use of supernumerary staff available. If temporary staff are necessary, ensure you are rostering them for the cheapest possible shift, length of time and grade. Inform Momentum of likely temporary staff requirements as soon as possible. Responsibility Roster Administrator Roster Administrator Roster Administrator Roster Administrator Roster Administrator Roster Manager Roster Approver / Roster Manager Roster Approver Roster Administrator Roster Manager Roster Manager Roster Approver Roster Manager Roster Approver / / 22 Appendix 2 Analyse, approve and publish roster Analyse roster to assess effectiveness, make relevant changes to ensure within defined parameters e.g. unavailability and approve. Pass roster approved by Roster Manager to Roster Approver for 2nd level analysis and approval. Manage roster Enter changes on to Healthroster as occur e.g. shift swaps, sickness, leave, and time owing. Produce request sheet Request sheet available for staff to complete, with a stated closing date Week 3 Week 1 Week 4 Week 4 Produce roster Close requests, produce roster, using all available hours and filling most expensive shifts first. Week 4-12 Fill shortfalls Send vacant shifts to be filled to bank Make amendments to roster e.g. shift swaps, leave etc. 23 Appendix 3 Electronic Rostering Calendar Rostering units using the MAPS software will work to a timetable. The time table will consist of series of 4 and 5 week rosters timed to coincide with payroll deadlines. Each roster cycle will have a schedule based on Trust policy. Schedule Schedule is shown based on roster start date, so that for example, second level approval and publish to staff happen at week -6 and finalise roster for payroll happens at week +5 or +6 depending on length of roster. Schedule Responsibility Activity Example Action Week Start creating -9 Roster Administrator 24/08/2008 roster Close for -8 Roster Administrator 31/08/2008 requests Roster -7 Roster Manager 07/09/2008 Manager approval Roster -6 Roster Approver 14/09/2008 Approver approval Publish to -6 Roster 14/09/2008 Six weeks before start Manager/Roster staff Approver date Roster start 0 26/10/2008 date Roster end 29/11/2008 +4/5 date Update for Roster Administrator Maintain absences roster and changes 03/11/2008 Finalise +5/6 Roster Manager/Roster roster Administrator email reports Roster Administrator/Roster Manager +6.5/7.5 Roster Manager 05/11/2008 Payroll and/or Roster deadline Approver 24 Appendix 4 Report Master Group Roster Reports Report name Additional duties Cancelled duties Key Performance Indicators Roster Effectiveness by grade type Roster Efficiency Annual report Staff Unsocial hours Unfilled duties Unfilled duties projected bank costs Details of report If duties have been allocated over agreed demand Duties that have been cancelled High level report, containing additional duties, unfilled duties and unavailability % of lost/over contracted hours, vacant shifts Fairness and efficiency graphs Allocation of duties by person, number of unsocial shifts allocated Number of vacant shifts (also in hours) Based on number of vacant shifts and local NHSP rates Usage of report Who should access General usage Roster Approver / Roster Manager/ADO General usage Roster Approver / Roster Manager / ADO Balance Scorecard Roster Approver / Roster Manager/ADOr General usage Roster Approver / Roster Manager /ADO General usage Roster Approver / Roster Administrator / ADO General usage Roster Approver / Roster Manager / ADO / HR General usage Finance management Roster Approver / Roster Manager / ADO Roster Approver / Roster Manager / ADO/Accountant 25 Report Master Group Sickness Reports Report name Details of report Usage of report Who should access Sickness report by day of week Sickness report by day of week and person Sickness trends for wards / individuals As above with further detail Overall % based on registered / unregistered grading Attendance management Attendance management HR / ADO/ Roster Manager/Roster Approver HR / ADO /Roster Manager/Roster Approver Attendance management HR / ADO /Roster Manager/Roster Approver Attendance management Attendance management Attendance management Balance Scorecard and Workforce management Workforce management Workforce management HR / ADO /Roster Manager/Roster Approver HR / ADO /Roster Manager/Roster Approver HR / ADO /Roster Manager/Roster Approver Sickness report by grade type Unavailability reports Sickness report by person Sickness report by person and reason Sickness report by reason Unavailability breakdown by Grade type Unavailability breakdown by Person Unavailability breakdown by Week Sickness for each person Sickness for each person with reason (as on FINS) Overall sickness by reason Details of total% unavailability e.g. sickness, maternity, leave As above, by person As above, by week HR / ADO /Roster Manager/Roster Approver HR / ADO/Roster Manager/Roster Approver HR / ADO /Roster Manager/Roster Approver 26 Equality Analysis (EA’s) (Formally known as Equality Impact Assessments) Introduction The equality duty now makes it clear that public authorities are expected to consider the need to remove or minimise disadvantage or to meet particular needs, such as through providing services for particular groups. Public authorities are also required to think about how to encourage participation in public life. The good relations duty now applies across all of the protected characteristics. In particular, public authorities must have due regard to the need to tackle prejudice and promote understanding between people who share a protected characteristic and those who do not. Equality Analysis starts prior to policy/function development or at the early stages of a review. It is not a one-off exercise, it is ongoing and cyclical and it enables equality considerations to be taken into account before a decision is made. Equality Analysis of proposed policies will involve considering their likely or possible effects in advance of implementation. It will also involve monitoring what actually happens in practice. Waiting for information on the actual effects will risk leaving it too late for your Equality Analysis to be able to inform decision-making. Be wary of general conclusions – it is not acceptable to simply conclude that a policy will universally benefit all and therefore the protected groups will automatically benefit, without having evidence to support that conclusion. When you decide that a policy is not relevant to equality, you will need to document this, along with the reasons and the information that you used to make this decision. A simple statement of no relevance to equality without any supporting information is not likely to be sufficient, nor is a statement that no information is available. This is particularly important where you are not familiar with methods of equality analysis or with equality concerns, as you could inadvertently overlook issues that could indicate relevance to equality. This could leave you vulnerable to legal challenge. This is a summary of the general duty and how they apply to each protected characteristic: 27 General equality duty Protected Characteristic Age Disability Sex Race Religion Sexual orientation Gender reassignment To eliminate unlawful discrimination, harassment and victimisation To advance equality of opportunity between different groups V V -V -V -V -V -V V V -V -V -V -V -V To foster good relations between different groups V V -V -V -V -V -V - - - - - - V Marriage / civil partnership - Pregnancy / maternity - V X X V - - V Please refer to Equality analysis and the Equality Duty: A guide for public authorities for more information. Who should be present at the Screening of an Equality Analysis? A diverse group of people must be in attendance of the Screening; this must involve the policy author, Staff, people who use services, Carers and other users of the Trust services if they are affected by the policy. For example, if the policy has a potential affect on just the staff, some staff must be invited to provide their views on the possible impact. A Screening should be carried out BEFORE the policy is placed out for consultation. At this stage a Full Equality Analysis could be identified. If a Full Equality Analysis is required, the outcomes should be carried over into the Action Plan. After the consultation deadline, all the data must be summarised and attached to the Screening and/or with Full Equality Analysis as a form of evidence. Equality Analysis (EA’s) Screening Tool 28 To be completed for all new proposals or reviews of existing policies, procedures, plans, services or functions. This screening should be undertaken at as an early a stage as possible, in order to address any equality issues which are identified before consultation/approval. Name of Initiative: Rostering and Working Time Regulations Policy and Procedure Unit/Department: Date: 3rd January 2013 Time: From: 11:00 To: 13:00 Briefly describe the purpose of the Policy/Function: To provide guidance on procedures for producing staff rosters, either electronically or manually, that are compliant with the Working Time Regulations Who is it intended to benefit from this Policy/Function? All Staff What results are intended? Legally compliant and efficient deployment of staff and resources by effectively rostering staff Why is it needed? See above Considered all Consultation feedback if this Equality Analysis is carried out after the consultation. (Pre- Consultation) What was the length of the Consultation Period: (From: To: ) What was the consultation feedback and actions taken: EA’s group: Identify a lead. Involve and consult stakeholders and people with expertise in the different equality areas – get a balance of skills and experience including people who use services and community members. Name Henry Oblie Chris Barker Susannah Leyden Colin Archer Brian Palmer Andy Erskine Title BME Lead Staffside secretary HRBP AD AD Specialist Services Service Director LD 29 Helen Wood Dennis Hockey Please ensure all the Trust website Consider the potential effects on protected characteristics (PC’s). Age Disability Sex AD WAA HRBP parties present are aware that this document will be published on and is accessible to members of public. ‘Analysis of the effects on equality’ is intended to focus more attention on the quality of the analysis and how it is used in decision-making, and less on the production of a document. You need to analyse the effect on equality for all of the protected characteristics, and all aims of the general equality duty as set out below. E q u a l i t y A c t 2 0 1 0 G e n e r a l D u t y . Advance equality of Eliminate unlawful Foster good relations between opportunity between people discrimination, Harassment people who share a PC and who share a PC and those and Victimisation those who do not. who do not. Equality is promoted by the No evidence to believe that The use of E-Rostering use of E-Rostering as autoany group will be adversely supplemented by appropriate rostering ensures a affected by the use of this local procedures will promote transparent and equitable policy howevergood relationships between allocation of shifts Reference relevant H&S people who share a PC and policies regarding safe do not. working environment – Risk Assessments Equality is promoted by the 20.4 could have adverse use of E-Rostering as autoimpact on staff with known rostering ensures a disability requiring time off for transparent and equitable treatment allocation of shifts This policy does not adversely Equality is promoted by the affect either gender however use of E-Rostering as autolocal procedures should rostering ensures a ensure gender mix transparent and equitable requirements are considered – allocation of shifts with appropriate reference to relevant policies e.g. Intimate 30 Race Care . No evidence to believe that any group will be adversely affected by the use of this policy Religion and Belief References Christmas but not other religious festivals. Sexual Orientation No evidence to believe that any group will be adversely affected by the use of this policy Pregnancy and maternity 20.4 could have adverse impact on pregnant staff requiring time off for treatment Gender Reassignment Marriage/ Civil Partnership Reference relevant H&S policies regarding safe working environment – Risk Assessments 20.4 could have adverse impact on staff requiring time off for treatment. No evidence to believe that any group will be adversely affected by the use of this policy Equality is promoted by the use of E-Rostering as autorostering ensures a transparent and equitable allocation of shifts Equality is promoted by the use of E-Rostering as autorostering ensures a transparent and equitable allocation of shifts Equality is promoted by the use of E-Rostering as autorostering ensures a transparent and equitable allocation of shifts Equality is promoted by the use of E-Rostering as autorostering ensures a transparent and equitable allocation of shifts Equality is promoted by the use of E-Rostering as autorostering ensures a transparent and equitable allocation of shifts N/A N/A 31 Carers Human Rights implications if relevant Other equality issues –please state HR and workforce issues/implications if relevant No evidence to believe that any group will be adversely affected by the use of this policy Equality is promoted by the use of E-Rostering as autorostering ensures a transparent and equitable allocation of shifts Develop a template to assist in the production of local procedures. Explore the potential to develop link between e-rostering and NHSP With reference to 20.4 There is a need for the manager to consult with HR to ensure that reasonable adjustments are considered as necessary for individuals affected Evidence used in the . decision-making. If the responses affect any of the protected characteristics then please complete the Action Plan to avoid or mitigate the potential adverse effects on equality. Decision to proceed (please circle yes or no): Yes: We have decided to proceed to a full EA Action plan No : We have decided that it is not necessary to carryout a full EA Action plan If no, briefly summarise reasons and the evidence for this decision: Signed by responsible Director or Associate Director: _ ______ Name: Directorate: Please send a copy of all completed screening and full EA’s/Action Plan to: Diversity & Inclusion Dept, Ramsay House, West Park, Epsom, Surrey KT19 8PB. If you require any assistance, please call 01372 20 5871 32 Equality Analysis (EA’s) Action plan Issue/change sought Evidence found in the screening of any issues that may have an effect on Equality for different PC’S Action (SMART targets) E.g. Risk register/ policy Change/ training opportunities/ service plans Expected Outcome Milestones and key deliverables. How these will be addressed? By who /Lead/Directorate Who is responsible for taking forward the outcomes Target dates References Christmas but not other religious festivals – Make statement broader to encompass all bank holidays/public holidays other religious festivals Local procedures should reflect this Team Manager’s line manager should check AD/Director Change wording in policy post consultation Potential for local procedures that do not pay sufficient regard to PC’s when undertaking rostering in a particular service. Develop a template to assist in the production of local procedures. 33 The action plan should provide a focused set of priorities for improvement. It should only include the key activities that are likely To increase the In accordance with roll out programme. number of services using E-Rostering 34
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