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TERMS AND CONDITIONS OF ENGAGEMENT – BANK
(STAFF WHO AlSO HAVE A SUBSTANTIVE CONTRACT WITH THE TRUST)
28 August 2012
PRIVATE & CONFIDENTIAL
BANK WORKER EMPLOYER
Name Belfast Health & Social Care Trust
Address
Address
Address
Dear Name
STATEMENT OF MAIN TERMS AND CONDITIONS OF ENGAGMEMENT–
BANK CONTRACT
Appointment of: Bank______(Job Title), Belfast Health & Social Care Trust.
This statement sets out certain terms and conditions of your engagement which are relevant on date.
1. Date of commencement of this engagements is .
2. Terms and Conditions
In accordance with the Circular HSC (AFC) (3) 2012, ‘The Application of Agenda for Change Arrangements for Bank Staff Employed in Health and Social Care’ (”the Bank Staff Circular”), the Terms and Conditions of Service which apply to this appointment are as set out in the NHS (Agenda for Change) Terms and Conditions of Service Handbook, save for the exceptions referred to in the Bank Staff Circular. Relevant sections of the Agenda for Change handbook are incorporated into and form part of your contract.
3. Job Title
You will be engaged as a Bank – Job title, Band _
Details of your duties are outlined in the Job Description for this position.
Place of work
You may be offered work at any location within the Trust.
4. Nature of this engagement
This is a bank appointment and you are engaged on an as and when required basis. There are no fixed or minimum hours for this contract. The Trust is not obliged to offer you any work under this contract. From time to time, the Trust may offer you bank work which you can accept or refuse. Whilst engaged on this appointment, you are not permitted to work for the Trust via an agency.
You will be required on request to inform the Bank Office of your availability for duty and undertake duties as requested by a designated Manager.
5. Remuneration
Your remuneration for this post will be on pay band (insert pay band) (insert salary range) per annum pro rata for hours actually worked (exclusive of meal breaks).
Increments will be in line with your substantive post.
The rate of remuneration and arrangements for pay progression may be reviewed in accordance with the NHS (Agenda for Change) Terms and Conditions of Service Handbook.
Payments for working unsocial hours/statutory holidays will be in accordance with NHS (Agenda for Change) Terms and Conditions of Service Handbook. Time off in lieu of public holiday working is not available.
Please Note:
If it comes to light that, for whatever reason, you have been paid incorrectly then the Trust will take action to correct your pay. The Trust reserves the right to recover any overpayment of salary or allowances by deducting the excess from any subsequent payment of salary or allowances in accordance with the provisions of Circular HSS (F) 38/98.
6. Pay Arrangements
You will be paid weekly one week in arrears on Thursdays by Bank Automatic Clearing System (BACS)
It should be noted that the Trust reserves the right to change the pay frequency to monthly at a later date.
7. Capability
Your work performance will be assessed throughout the period of your employment with the Trust. Failure to maintain acceptable standards of performance may result in action being taken by Management in line with the Trust’s Capability Procedure.
8. Annual Leave
From 30th May 2012 (which is the implementation date of Circular HSC (AFC) (3) 2012) annual leave entitlement will be calculated at 1 hours annual leave accrued for every 8 hours worked.
9. Sickness Absence/Maternity, Paternity or Adoption Leave
In accordance with the Bank Staff Circular, your entitlement will be in accordance with your main contract of employment.
Absence notification/ill health
If you have been booked for a shift, you are expected to report for duty unless there are exceptional circumstances. If you have become unwell since accepting the booking, you must advise the Bank Office immediately.
10. Mileage and Subsistence Allowance
This will be calculated in line with NHS (Agenda for Change) Terms and Conditions of Service Handbook.
11. Health & Safety at Work
Whilst at work you must take reasonable care for the health and safety of both yourself and others with whom you come into contact and who could be affected by your work. You must also comply with the health and safety rules and procedures pertaining to your job and undergo training provided. You must also comply with the Trust’s Smoke Free Policy. (A copy of the Trust’s Health and Safety Policy is available on the Trust’s intranet site).
12. Medical Fitness
Your appointment is subject to a satisfactory medical report and in this respect you will be required to undergo a medical screening. During the course of your engagement, you may be required to have periodic medical checks in your own interests and those of the Trust.
13. Pension
There is an Occupational Pension (HPSS Superannuation Scheme) relating to this engagement. This appointment is superannuable and unless you opt out of the scheme, Superannuation contributions will be deducted from your pay. The broad principles of the above scheme are explained in the enclosed guide. To opt out of the scheme you will be required to complete Form SD502, which is available from the Human Resources Department.
14. Notice Entitlements
Since the Trust is not obliged to offer you any work under this contract and you are not obliged to accept any work offered, there is no requirement for either party to provide notice of termination of this engagement. However, should you decide to cease working on the bank, you should notify the Bank Office accordingly.
15. Retirement
The Trust does not operate a general retirement age for all staff.
However, the Trust reserves the right to require an individual employee
or group of employees to retire at a particular age where this is objectively justified in the particular circumstances of the case. Where an individual employee who is a member of the HSC Pension Scheme wishes to retire from the Trust’s Employment, they should contact their line manager and Human Resources at least three months before the proposed date of retirement. This is to ensure that the application to retire form is completed in sufficient time to allow prompt payment of Pension Benefits follow retirement.
16. Disciplinary Rules and Procedures
If the Trust is dissatisfied at any time with your performance, capability or conduct, you will be subject to the Trust’s Disciplinary Procedure. The Trust’s Disciplinary Procedure and Rules are available from the Human Resources Department and are attached at Appendix 1 of this document. The Trust’s Disciplinary Procedure specifies to whom you should apply if you are dissatisfied with any disciplinary decision or any decision to dismiss you.
17. Grievance Procedure
The procedure for raising any grievance is set out in the Trust’s Grievance Procedure which is attached at Appendix 2 of this document. Any grievance relating to your engagement should be raised with your manager in accordance with the procedure.
18. Equal Opportunities Policy
The Trust is an equal opportunity employer. The aim of the Trust’s Policy is to ensure that no job applicant or employee receives less favourable treatment on the grounds of gender, marital status, disability, perceived religious affiliation, race, ethnic origin, political opinion, sexual orientation, dependent status or age. All employees of the Trust must adhere to the Trust’s Equal Opportunities Policies.
The Trust is also committed to the principles of equality set out in the Trust’s Equality Scheme in accordance with Section 75 of the Northern Ireland Act 1998 and in the promotion of good relations in carrying out its functions. Details of the Trust’s Equality Scheme are available from the Human Resources Department.
19. Qualifications and State Registration
Staff who are required to be state registered before they can practice, or staff who are eligible for allowances for holding a qualification, must produce a current certificate or other evidence and maintain their registration where appropriate. Where proof of such registration is not produced, or registration is not maintained, this may result in termination of your engagement.
20. Professional Misconduct
In the event that you are reported to, or are subject to, your professional body’s disciplinary procedure, in respect of any employment, you are required to notify the Trust immediately.
21. Data Protection
The Trust complies with the Data Protection Act 1998. Information about you, your appointment and qualifications may be included in relevant computer files and manual records held within the Trust. These files are registered for Data Protection purposes. Further information, if required, may be obtained from the Trust’s Human Resources Department.
22. Confidentiality
You must be aware that in the course of your engagement you will have access to and be entrusted with information in respect of the services, business and financing of the Trust and its dealings, transactions and affairs, all of which is or may be confidential.
You shall not, except in the proper course of your duties, during or after the period of this engagement divulge to any person whomsoever or otherwise make use of (and shall use your best endeavours to prevent the publication or disclosure of) any trade secret or any confidential information concerning the business or finances of the Trust or any such confidential information.
All notes and memoranda of any intellectual property or confidential information concerning the business of the Trust which shall be acquired, received or made by you during the course of your engagement shall be the property of the Trust and shall be surrendered by you to someone duly authorised in that behalf at the termination of your engagement or at the request of the Trust at any time during the course of your engagement.
All such information must be treated as confidential and you are required to comply with the requirements of the Data Protection Act 1998. It should be noted that any unauthorised disclosure of information covered by the Act is a criminal offence for which you will be held personally liable in law. Any breach of this confidence in any format, including for example via Social Networking sites (Facebook, Twitter etc) will result in action being taken under the Disciplinary Procedure and may lead to dismissal.
On termination of engagement with the Trust, you should not disclose any information or matter to which you had access during your engagement.
Should you do so the Trust reserves the right to take any action considered appropriate in the circumstances.
23. Information Security
All information relating to patients, clients, staff and our business operations is confidential and both paper-based and electronic information must be treated with the greatest care. In particular, the Trust expects employees to use the information technology and communications facilities sensibly, professionally and lawfully. Full details regarding patient/client confidentiality and Data Protection guidelines are available from your line manager.
All employees are expected to abide by corporate policy and procedures in respect of the use of IT and communications equipment; a full copy of these are held by your line manager or can be accessed on the Trust’s intranet system. You should ensure that you familiarise yourself with these. Attention is drawn to the applicable legislation, which includes the Data Protection Act and the Computer Misuse Act, contravention of which could lead to disciplinary action and possible prosecution.
Particular care must be taken when using e-mail and the intranet. Monitoring of all telephone and information systems takes place in the Trust.
24. Records Management
As an employee of the Trust you are legally responsible for all records you hold, create or use as part of the business within the Trust including patient/client, corporate and administrative records whether paper-based or electronic and also including e-mails. All such records are public records and are accessible to the general public, with limited exceptions, under the Freedom of Information Act 2000, the Environmental Information Regulations 2004 and the Data Protection Act 1998. As an employee you are required to be conversant with the Trust’s policy and procedures on records management and to seek advice if in doubt.
25. Secondary Employment/Outside Activities
You must not engage in any secondary employment, or outside activities, that would prevent the efficient performance of your duties, adversely affect your health, bring into question your loyalty and reliability, in any way weaken public confidence in the conduct of the Trust’s business or bring the Trust into disrepute. If you are in any doubt about the propriety of engaging in any secondary employment or other activity you must seek and accept the advice of the Trust.
Any fee or emolument etc, which may be received by an employee in the course of his/her employment as an officer of the Trust shall, unless the Trust otherwise directs, be surrendered to the Trust.
26. Criminal Convictions/Investigations/Cautions
Under the Rehabilitation of Offenders (Exceptions) Order 1979 applicants to posts within the Health and Personal Social Services must disclose to their employer any criminal convictions, including cautions, which they have or have ever had on their record. For the purposes of the above Order criminal convictions are never considered spent. Any employee who fails to disclose a conviction may be dismissed from employment.
In addition you are required to immediately notify your Head of Department if you are subject to an investigation by the Police, cautioned or are convicted of a criminal offence whilst in the employment of the Trust.
Failure to do so will constitute a disciplinary offence.
Your Head of Department will then consider how relevant the caution, investigation or criminal offence is to your duties at work and whether disciplinary action is required.
27. The Working Time Regulations
The Working Time Regulations 1998 require working hours to be limited to no more than an average of 48 hours per week over a 17 week period.
The Trust is required to ensure that employees are not working beyond the statutory maximum weekly limit. You are required to declare to your line manager at the earliest opportunity, details of any employment that you may have either with the Trust (including Bank work), other Health Service organisations, or, any other employment, which results in the statutory limit being exceeded.