SECTION A – POLICY - Doncaster CCG – Helping you keep well



35159951778000WORKING TIME REGULATIONS (INCLUDING OTHER EMPLOYMENT) POLICYLast Review Date 3 February 2020Approving BodyExecutive CommitteeDate of Approval19 February 2020Date of Implementation25 February 2020Next Review DateFebruary 2022Review ResponsibilityAssociate Director of HR & Corporate Services Version0.2REVISIONS/AMENDMENTS SINCE LAST VERSIONDate of ReviewAmendment Details3/2/2020Scheduled review in line with updates in LegislationContents TOC \o "1-3" \h \z \u SECTION A – POLICY PAGEREF _Toc33545589 \h 41.Policy Statement, Aims and Objectives PAGEREF _Toc33545590 \h 42.Legislation and Guidance PAGEREF _Toc33545591 \h 43.Scope PAGEREF _Toc33545592 \h 44.Accountabilities and Responsibilities PAGEREF _Toc33545593 \h 55.Dissemination, Training and Review PAGEREF _Toc33545594 \h 75.1.Dissemination PAGEREF _Toc33545595 \h 75.2.Training PAGEREF _Toc33545596 \h 75.3.Review PAGEREF _Toc33545604 \h 7SECTION B – PROCEDURE PAGEREF _Toc33545605 \h 81.Working Time Limits PAGEREF _Toc33545606 \h 82.Rest Periods PAGEREF _Toc33545607 \h 83.Secondary Employment PAGEREF _Toc33545608 \h 94.Negative Impact of other employment PAGEREF _Toc33545609 \h 105.Annual Leave PAGEREF _Toc33545610 \h 106.Appeal PAGEREF _Toc33545611 \h 10Appendix 1 – Definitions of Working Time PAGEREF _Toc33545612 \h 11Appendix 2 - Definitions of Other Employment PAGEREF _Toc33545613 \h 12Appendix 3 - Declaration of Secondary Employment PAGEREF _Toc33545614 \h 13Appendix 4 - Working Time (Amendment) Regulations 2007 Opt Out Agreement PAGEREF _Toc33545615 \h 15Appendix 5 – Equality Assessment Form PAGEREF _Toc33545616 \h 16SECTION A – POLICYPolicy Statement, Aims and ObjectivesThis document sets out the NHS Doncaster CCG’s standard working imem regulations and secondary employment procedures. It has been drafted to comply with statutory requirements and should be read in conjunction with other relevant CCG policies, procedures and local guidance.The monitoring and enforcement of the working time regulations (WTR) is a vital tool in ensuring the working time and working patterns of employees of the CCG are conducive to a healthy workplace for both staff and patients.The Working Time Regulations 1998 were introduced as a health and safety measure and cover rest periods, working time limits, night work, secondary employment and annual leave The Regulations control both hours of work and the pattern in which work can be organisation. The full definition of working time is contained within Appendix 1.The Directive imposes responsibilities on both line managers and employees to ensure that the working time conditions and safe working conditions are observed. This policy outlines those responsibilities as well as providing guidance on how the regulations apply to the CCG and its employees.The development of this policy:Ensures the functions of the CCG and the safety of employees are not adversely affected because someone is working above the maximum average weekly limitSets out the responsibilities for line managers and employees in relation to Working Time RegulationsSatisfies legislative requirements.Legislation and GuidanceThe following legislation and guidance has been taken into consideration in the development of this procedural document.Working Time Regulations 1998Working Time (Amendment) Regulations 2007ScopeThis policy applies to those members of staff that are directly employed by?NHS Doncaster CCG and for whom NHS Doncaster CCG has legal responsibility. ?The policy also covers workers while they are working at the CCG, for example agency workers and some contractors.Accountabilities and ResponsibilitiesOverall accountability for this policy lies with the Chief Officer. Responsibility is delegated to the following:Associate Director of HR & Corporate ServicesHas delegated responsibility for:Maintaining an overview of the corporate ratification and governance process associated with the policyLeading the development, implementation and review of this policyAdvising managers and employees on the application of this policyWorking in partnership with managers and staff side representatives to ensure employees are treated fairly and consistently within the framework of the policyEnsuring there is a record within the employees personal file if they have opted out of the maximum working weekLine ManagersHave delegated responsibility for:Acting fairly and consistently with the application of this policy. Line managers are responsible for ensuring that employees are made aware of this policy and understand their responsibilities in relation to it:Ensuring the service is not adversely affected due to an employee working above the maximum weekly limit. If a line manager is concerned it must be discussed with the employee and advice sought from the HR team, where appropriate.Ensuring the health and safety of the individual, colleagues and patients is not put at risk by an individual’s request to opt out. Advice should be sought from the HR team and an appropriate risk assessment undertaken.Monitoring hours worked internally. If an employee works a second job they should only work a maximum of 48 hours per week in both jobs;When in receipt of a secondary employment declaration form (appendix 3) line managers must meet with the employee to discuss the secondary employment;To deal with any declarations in a timely manner and seek clarification from HR where appropriate.Give due consideration to operational business needs and personal circumstances before granting permission to undertake secondary employment.Staff SideEnsuring they are familiar with the policy and procedureAdvising and representing employees who are members of a recognised Trade UnionProvide guidance and support to staffAll StaffHave the responsibility for:Complying with the policy and procedure and raising queries or concerns with their line manager or the HR team.Seeking permission from the CCG before undertaking any secondary employment by using the form found at appendix 3 (see appendix 2) for definitions of secondary employment). Signing a declaration from and opt out form if appropriate. Where an employee wishes to “opt out” because of secondary employment they must seek permission from their line manager and complete the form at appendix 3 making their declaration of their secondary employment in writing, stating whether for a specific period or pleting a new other employment declaration form if the other employment changesGive 7 day’s written notice if they wish to end the opt out agreementAdhering to the Working Time Regulations and taking responsibility for the health and safety of themselves and othersEnsuring their total working hours do not exceed the limit as set out in the Working Time Regulations unless an opt out form has been signedComplying with required rest periods as set out within the Working Time Regulations and any secondary employment should not compromise this under any circumstances. If a line manager does not approve a request for secondary employment because of such concerns and the employee continues to undertake the work, this may be dealt with under the CCG Disciplinary Policy and Procedure as a refusal to comply with a reasonable management request.Failure to declare secondary employment may be dealt with under the CCG Disciplinary Policy as failing to declare secondary employment is an office under the Fraud Act.Dissemination, Training and ReviewDisseminationThe effective implementation of this procedural document will support openness and transparency. NHS Doncaster CCG will ensure all staff and stakeholders have access to a copy of this procedural document via the organisation’s website.This procedural document is located on the CCG Intranet. A set of hard copy Procedural Document Manuals are held by the Governance Team for business continuity purposes and all procedural documents are available via the organisation’s website. Staff are notified by email of new or updated procedural documents.TrainingAll staff will be offered relevant training commensurate with their duties and responsibilities. Staff requiring support should speak to their line manager in the first instance. Support may also be obtained through their HR Department. ReviewAs part of its development, this procedural document and its impact on staff, patients and the public has been reviewed in line with NHS Doncaster CCG’s Equality Duties.?The purpose of the assessment is to identify and if possible remove any disproportionate adverse impact on employees, patients and the public on the grounds of the protected characteristics under the Equality Act. The procedural document will be reviewed every three years, and in accordance with the following on an as and when required basis:Legislatives changesGood practice guidelinesCase LawSignificant incidents reportedNew vulnerabilities identifiedChanges to organisational infrastructureChanges in practiceProcedural document management will be performance monitored to ensure that procedural documents are in-date and relevant to the core business of the CCG. The results will be published in the regular Governance Reports.SECTION B – PROCEDUREWorking Time LimitsAn employee must not work more than an average of 48 hours per week, calculated over a 17 week reference period.The CCG has agreed that the reference period will be a rolling one, for all employees.Individuals over the minimum school leaving age but under 18 years of age may not work more than 8 hours per day or 40 hours per week. These hours cannot be averaged out and opt out is not available.Rest PeriodsEmployees are entitled to daily and weekly rest periods and ‘in work’ rest breaks as follows:A daily rest period of not less than 11 consecutive hours in each 24 hour period during which the employee workA weekly rest period of not less than 35 hours (including the 11 hour if daily rest) in each 7 day period. This may be averaged over 2 weeks i.e. 2 day’s rest over a fortnightA minimum uninterrupted break of 20 minutes if the daily working time exceeds 6 hours, the break is unpaidEmployees who are under the age of 18 are entitled to a break of 30 minutes if they work a 4.5 hour period. They are entitled to a daily rest period of 12 consecutive hours in each 24 hour period and to 48 hours uninterrupted rest in any 7 day period.Breaks are intended to be taken as rest periods during the working day. They cannot therefore be used at the beginning or the end of the working day in order that employees may delay their start time or finish early.If employees are unable to take their daily and weekly rest periods for business reasons they are entitled to compensatory rest with the agreement of their line manager.Unless there are exceptional circumstances, equivalent periods of compensatory rest should be given. Exceptional circumstances would include a need to provide security or protect persons or property, a foreseeable surge in activity e.g., winter pressures or unforeseen circumstances beyond the CCGs control, e.g. unexpected weather, a major accident or pandemic which demand that extra work is pensatory rest should be taken as soon as is reasonably practicable and normally within 2 weeks.Secondary EmploymentWhen an existing employee declares interest in employment in addition to their role with the CCG a meeting should take place to discuss the implications on the service and working time regulations. The line manager should consider the following issues as part of the discussion before confirming whether or not the CCG is supportive of the proposal:Potential conflicts of interestThe Working Time RegulationsThe employee’s current performanceThe employee’s attendance and capability in their role with the CCG and the potential impact secondary employment may have on attendance and performanceHealth and safety of the employee and their colleaguesAs part of the recruitment process new employees will be asked to declare if they are engaged in any other employment either inside or outside of the CCG. If they do and they intend to continue with it following their appointment to the CCG the appointing manager must discuss with the candidate the nature of the other employment and take into consideration the points in paragraph 3.2, before progressing with the appointment. Employees must not undertake employment outside of the CCG whilst on sick leave. This includes any work, including self-employed, bank or agency working during ‘off peak’ periods, e.g. weekends and evenings unless a GP certificate/note states otherwise.If an employee wishes to continue to undertake voluntary work whilst off sick they must request permission in writing from their manager. The employee should outline in the request the nature of the work they wish to undertake, the number of hours they intend to work and confirm that no payment will be received for this work (excluding expenses). The manager must seek advice from Human Resources in this situation and advice from Occupational Health Services may be sought.Failure to adhere to this policy whilst on sick leave may result in disciplinary action which could lead to dismissal and the CCG’s Counter Fraud Specialist will also be notified, which could result in criminal prosecution. Negative Impact of other employmentWhere attendance, time keeping or performance fall below acceptable standards and the reasons are attributable to the undertaking of other employment the Managing Performance Policy will be invoked.Annual LeaveUnder the Working Time Regulations an employee is entitled to a minimum of 28 days paid leave per annum including public holidays. All CCG employees receive in excess of this amount in accordance with their terms and conditions of employment.AppealThe employee reserves the right to invoke the grievance procedure if they consider they have been treated unfairly in relation to their working time or other employmentAppendix 1 – Definitions of Working TimeTermDefinitionEmployeeSomeone who has a contract of employment with the CCG, or any other contract, whether expressed or implied and whereby the individual undertakes to do or perform personally any work or services for the CCG. The term employee will be used throughout this policy and will apply to both employees and workers.Working TimeThis means working at their employer’s disposal and carrying out activities or duties such as: Any period during which an employee is working;Any period during which an employee is receiving training;Travelling time whilst on CCG business Working time for the CCG excludes:Annual leave, sick leave, maternity & adoption leave as the employee is not required to carry out any duties during these times. In addition to additional hours employees choose to work without the agreement of their line manager. Additional hours employees choose to work without being required by/or without the agreement of their line managerOn-callClassed as working time from the point at which an employee is required to undertake any work related activity (e.g. called out or time spent on the telephone) until the point the employee returns home or completes the phone call.Time spent at home whilst on call during which non-work related leisure activities can be pursuedTravel to allocated baseNot classed as working time, however travel between bases during the working day would be classed as working time, unless term and conditions specify otherwise. Any travel in connection with business would be classed as working time.Rest BreakAn uninterrupted break taken during the working day. Not classed as working time, except where individuals are required to work during meals.Rest PeriodPeriod which is not working time, other than a break or leave to which the employee is entitledCivic and Public DutiesIf employees receive paid time off this would be classed as working time.Trade Union DutiesIf employees receive paid time off this would be classed as working time. Representatives should take personal responsibility for ensuring that their contracted hours and trade union duties do not exceed an average of 48 per weekWork related Study LeaveAny period during which employees are receiving relevant training would be classed as working time. This includes work experience provided pursuant to a training course or programme and training for employmentVoluntary WorkActivity that involves spending time, unpaid, doing something that aims to benefit the environment or someone (individuals or groups) other than, or in addition to, close relatives. Central to this definition is the fact that volunteering must be a choice freely made by each individual.Young WorkerOver school leaving age but under the age of 18.This list is not exhaustive.Appendix 2 - Definitions of Other EmploymentFor the purposes of this policy secondary employment covers:Paid employment outside of the CCGPaid employment within the CCG in a different serviceVoluntary work outside of the CCGSelf-employmentBank/Locum/Agency WorkReservist OccupationsAppendix 3 - Declaration of Secondary EmploymentI do/do not (delete as appropriate) have secondary employment including Bank/Locum/Agency work or private practice. I undertake to notify any changes to my line manager PERSONAL DETAILS – To be completed by the employee:Full Name : Job Title: Department:Number of contracted hours per week for the CCG:Pattern of work and days worked: OTHER EMPLOYMENT DETAILS – I have other employment/work or I am considering other employment or work including Bank/Locum/Agency work. The details of which are below:Name of employer: Nature of employment (please indicate):Paid UnpaidVoluntaryCasualAverage hours per week (average based on a 17 week period):Date commenced:DECLARATIONI declare that the above information is correct and that secondary employment in this instance will not have a detrimental effect on my employment with the CCG. I will inform my Line Manager if there are any changes to the above.I understand that false information given with regard to this policy could be treated as gross misconduct or fraudulent and dealt with accordingly under the Disciplinary Policy/Fraud, Bribery and Corruption Policy and I may be liable for prosecution and civil recovery proceedings. To prevent and detect fraud I consent to the disclosure of relevant information from this form by the CCG to the NHS Counter Fraud Authority.I understand that I must not undertake any secondary employment whilst receiving sick pay from the CCG unless specifically authorised to do so by my employer and specified in a medical “Fit Note”. I have read and understand the CCG’s Working Time Regulations Policy and the CCG’s Code of Business Conduct it relates to conflicts of interest and I agree to comply with its requirements to declare secondary employment.I declare that the information I have provided on this form is correct and complete:Name: Signature: Date: Thank you for completing this form, please ensure it is returned fully completed and signed to your line manager.To be completed by the line manager:Application ApprovedYesNoComments:Name of line manager:Job Title:Signature:Date:Appendix 4 - Working Time (Amendment) Regulations 2007 Opt Out AgreementThe Working Time Regulations define working time as when someone is ‘working, at his/her employers disposal and carrying out his/her activity or duties’.This incorporates:Working lunches i.e. business lunchesTravel as part of your work during working timeEngaging in job related trainingYou may agree to work more than 48 hours per week but cannot be forced or expected to work more than this limit. You cannot be dismissed or discriminated against for refusing to sign an opt out agreement.Should you wish to work more than the 48 hour week average, please sign the following opt out agreement and return to your manager and submit a copy to Human Resources.AgreementI hereby give notice that I am willing to work more than an average of 48 hours a week. In opting out of the 48 hour limit I agree that I will not work excessively long hours where this may be a risk to the health and safety of my colleagues, the public or myself. This agreement is to remain effective for an indefinite period and I understand that should I wish to terminate it I can do so at any time by providing my line manager with written notice of my intention to do so.Name of Employee: Job Title: Team: Signature: Date: Employees should be aware that the CCG reserves the right not to accept an Opt Out agreement if it believes the health and safety of the employee, patient, member of the public or the function of the service is likely to be affected.Appendix 5 – Equality Assessment FormSubject of equality analysisWorking Time Directive PolicyTypeTickPolicy√StrategyBusiness caseCommissioning service redesignContract / ProcurementEvent / consultationOwnerName:Lisa DevanneyJob Title:Associate Director of HR & Corporate ServicesDateJanuary 2020Assessment SummaryGive a brief summary of the area you are assessing: Routine review of the Policy in line with changes to legislation and national guidance. EIA reviewed simultaneously to assess any change in impact or identify potential action required.StakeholdersTickStaff√General publicService users√Partners√ProvidersOtherData collection and consultationWhat data is available to you to support your analysis? Has there been any consultation to inform your analysis?Policy has been reviewed in comparison with NHSE and national guidance and the Working Time Legislation wording and content reflect what is advised approach. The policy has been consulted on locally and reviewed at the CCG Joint Consultative Committee which is attended by Union Representatives.Protected characteristicPositiveNeutralNegativeNegative: What are the risks?Positive: What are the benefits / opportunities?AgeXDisabilityXGenderXRaceXReligion & BeliefXSexual OrientationXGender reassignmentXPregnancy & MaternityXMarriage & Civil PartnershipXSocial Inclusion / Community CohesionXConclusion & Recommendations including any resulting action planThe policy provides support to managers and employees in relation to application of and adherence to The Working Time Regulations which came into force in the UK in October 1998 as a health and safety measure to cover rest periods, working time limits, night work, secondary employment and annual leave. The policy is applicable to all employees and adheres to NHSLA Standards, statutory requirements and best practice and makes all reasonable provision to ensure equity of process for all employees therefore the impact is considered neutral in that no individual from any protected characteristic gains a positive or suffers a negative impact on the basis of that characteristic.Review dateJanuary 2023Please return the Equality Analysis Form to the Corporate Governance Manager: ernance@ ................
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