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networkIssue 85October2009The newsletter of the Healthcare People Management AssociationInside2What about theworkers?Swine flu challenges3Leading Champions atSouth Downs HealthNHS TrustSickness and holidays:latest ruling couldcause problems foremployers4Creating a recessionproofHR departmentPatient and StaffSatisfactionWe’ve come so farWe’ve come so farTime for reflection5TUPE – mobility clausesand post-transferchange in work location6HPMA consultantproposalsSTOP PRESS7Recruitment habitsand attitudes: surveyhighlights8HPMA membershipI’m feeling as wistful and reflective as the mellowautumn days we are experiencing at the moment.I’ve just left my job as HR Director at WLMHT andBroadmoor after 13 years, and it’s a time to reflectbefore moving forward again.Of course there is nobody so popular assomebody who is leaving an organisation, but mysend off was truly touching. It was epitomised by aphone call from a doctor colleague (who frankly Ithought regarded me as working for the SS!) whoran through a list of things that had changed forthe better in the past 13 years; it wasn’t a eulogyfor me but rather a helpful reminder of all thegood things that have happened in the NHS overthe past decade or so of which BroadmoorHospital - my former main base - is part.In that time alone the patient staff ratio hasalmost doubled; the quality of care and therapiesis much improved; the length of stay reduced; theestate of much better quality; staff better paid,trained and supported ...I could go on. And, I willadmit with no embarrassment, the HR function istransformed and almost every staffing activity ofa far more sophisticated level. I’m sure all HPMAmembers could tell similar stories; and yet if youread any newspaper you’d think the NHS was onceagain “in crisis”; why are we so hard to please?Well whilst it’s clearly good to always strive forimprovement, I fear that if we don’t learn from thepast then we will never understand the future. Weare in a vicious cycle at the moment: mediahammers government; politicians hammer civilservants; civil servants hammer trust managementand so on. Scrutiny and monitoring are important,but they must be delivered in a balanced way withperspective. I can’t help feeling that if the CareQuality Commission had inspected the pyramidssoon after they were built the criticism would bethat they lacked air conditioning! In short we are indesperate need of a sense of perspective, not theleast so that staff and leaders feel their efforts(which are often heroic) are valued and we can allstrive to improve with a sense of optimism.Kelvin Cheatle HPMA PresidentDirector of Workforce/Environment, WLMHTKelvin CheatlePresidentHPMA head officeGothic House, 3 The GreenRichmond TW9 1PLTel: 020 8334 4530Fax: 020 8334 4531Email: HPMA Excellence in HRM AwardsWILL YOU MAKE THE FINALS?

What about the workers?Rachael Heenan of Beachcroft looks atanother aspect of the swine flu challengesFurther informationFor further details of thiscase or how our specialistnational equal pay unit canhelp you, please contact:Rachael Heenanrheenan@beachcroft.comSwine flu is back in the headlines again, with anapparent upturn in cases coinciding, as expected,with the start of the new school year. The NHSConfederation estimates that some organisationsmay face up to 25% staff absence during a pandemic.Of course any staff who display symptoms ofH1N1 virus should be sent home, with sick pay, untilfully recovered. If it’s suspected that an employee isnot genuinely ill, it is unlikely to be feasible to carryout investigations and disciplinary hearings at thepeak of the epidemic and it may well be difficult toobtain convincing evidence one way or another inany event.Fear of catching swine flu isn’t, in itself, asufficient reason for absence. Dealing with healthrisks is nothing new for health workers. Thequestion will be, of course, has an organisation doneenough to manage the swine flu risk?Pregnant women are particularly vulnerable toswine flu and employers should carry out tailoredhealth and safety assessments and considermoving workers to minimise the risks. If risks can’tbe adequately managed then, ultimately, pregnantworkers can be suspended, with pay, on health andsafety grounds.Some staff may be fit and well but still need totake time off work to care for others who are sick orbecause schools have closed. Employees have alegal right to take reasonable time off work, unpaid, toassist someone who is ill or dealing with unexpectedincidents involving a dependent child in schoolhours. Dependants include a spouse, civil partner,child, parent, or a person who lives in the samehousehold as the employee. It can also includethose who rely on an employee for the provisionof care such as an elderly neighbour. The right totake leave is not opened ended, however. Someemployers have allowed paid leave but should takecare to apply a consistent policy, to avoid claims ofunfair treatment and even discrimination.There have already been calls from the RoyalCollege of Surgeons and Doctors’ pressuregroups to suspend the Working Time Directiveand so allow more than an average of 48 hoursto be worked in a week. In fact the WTD alreadyallows working during rest times in certainemergency situations. However if rest timeshave had to be worked, then compensatory restmust be allowed in all but the most exceptionalcircumstances and even then the workers’ healthand safety must be safeguarded.Health organisations can encourage (but notcompel) front line staff to get vaccinated (whenvaccines are available) against seasonal flu and swineflu. Preventative anti-virals can be issued but only,national guidance provides, in specific circumstances.No one solution can provide the completeanswer to meeting the staffing challenges posed byswine flu. Adopting several solutions will helporganisations to meet the challenges but ultimatelyit will be the staff’s commitment to ensuring thatpatients receive the health care they need, thatenables the system to cope.PANDEMIC STAFF PLANNING OPTIONS● redeploying staff with appropriate skills todepleted services● utilising reserve or bank staff● short term re-employment of recentlyretired staff● extended working hours● refusing requests for annual leave in the winter● allowing flexible working● allowing home working● asking part-time staff to consider workingfull-time hours● offering vaccinations to front line NHS staff2Are your HPMA colleaguesgetting eNetwork?If you or any of your colleagues have experiencedproblems downloading, viewing or receiving the latestissues of the electronic newsletter please Chamberlain Dunn Associates.BRANCH MEETINGSMeetings at branch level take place usually on abi-monthly or quarterly basis. They typically includespeakers, presentations, social gatherings, workshopsor educational activity and many branches run regularemployment law updates.Contact HPMA administrator Lauren Crawfordon 020 8334 4530 or fordetails on your local branch.

networkLeading Champions at South DownsHealth NHS TrustIn times of unprecedented change, resource pressureand demand for world-class patient care, leadersare under intense pressure on a daily basis. Theyneed to be resilient, adaptable and innovativein order to lead multi-professional teams throughperiods of significant organisational change.Focused on developing its leaders’ capability to createcompelling visions and optimise team performance,South Downs Health NHS Trust delivered the LeadingChampions Programme for senior leaders.“Partnering with Lane4, we made sure that highperformance was at the heart of the programme.A session was run for our Board which was followedby workshops for leaders covering performancecoaching, leadership behaviour as well as developingcreativity and innovation explains OrganisationalLearning Manager, Sarah Thomas.Alongside workshop learning, leaders underwent atailored 360 degree feedback process. The questionnaireincorporated behaviours from Lane4’s leadershipresearch as well as learning outcomes specifiedfor the programme and South Downs NHS Trust.Of the five workshops throughout the nine monthprogramme, the first three focused on creatinga high performance environment and developingpractical coaching skills for leaders. During thefinal two workshops, leaders were challenged todevelop a creative edge when it came to businessdevelopment. As part of Leading Champions,leaders experienced 1:1 performance coaching andaction learning groups together where they hadchance to make sense of learning and challenges.Following the programme, the 360 degree feedbackwas re-measured with results demonstrating improvedleadership, coaching and creativity. Participants alsocommented on benefits of the programme at anindividual and organisational level. “It was a veryenjoyable experience, which I think will continue tohave an effect and impact over the next year as I havethe opportunities to put the knowledge into practice.”The impact of the programme has been suchthat South Downs NHS Trust intends to develop thiswork for the wider leadership population. LeadingChampions will provide further support fororganisational change as the organisation extends itsprovision of primary care services to West Sussex.Practice Director at Lane4, Jon Hardingexplains, “The next focus will be to identify a setof leadership qualities for South Downs that arealigned with the NHS Constitution Values. We wantto really involve and engage leaders to live thesevalues and drive the organisation’s performance.”Dr Liz CampbellFor more information visit:www.lane4performance.comSickness and holidays: latest ruling could causeproblems for employersThe European Court of Justice (ECJ) has ruled thatworkers who go on sick leave during a period scheduledas annual leave for the purposes of the WorkingTime Directive should be allowed to reschedule theirholidays, even if that means allowing leave to becarried forward into a subsequent holiday year(Pereda v Madrid Movilidad SA, 10 September 2009).This latest decision follows the ruling earlierthis year in the Stringer case, which decided thatworkers can opt to take paid annual leave underthe Working Time Regulations even when off sick(see June 2009 edition of Network). This newruling takes things one step further, sayingthat workers on sick leave have a choice: they cantake annual leave if they wish, or alternativelycan postpone their annual leave and take it at alater date, possibly even in a subsequent leave year.Carrying forward leaveEven though this case says workers should be allowedto carry forward leave in some cases, it is not yet clearthat UK law (in the shape of the WTR) requires, or evenallows, this. So private sector employers may still beable to argue against leave being carried forward.However, NHS employers, being public sectorbodies, might have to give effect to the Directiverather than UK law and allow leave to be carriedforward. In practice this will not always beproblematic as often it will be possible to absorbcarried forward leave within the following year’smore generous contractual leave entitlement.Rescheduling holidaysThe ruling also suggests that workers who fall illduring annual leave may be able to have their annualleave ‘reinstated’ to be taken at a different time.In the case before the ECJ, the claimant went onsick leave shortly before his annual leave was dueto start. But what if a worker falls ill after annualleave has started? There seems to be no reason inprinciple for treating this situation any differently.So what evidence of illness must the workerproduce? Until the courts say otherwise, ourview is that employers are entitled to requireworkers to produce convincing evidence of theirillness and that it would have rendered themunfit for work before allowing workers toreschedule holidays.Shirley Wright, partner,Eversheds LLPshirleywright@eversheds.com3

Creating a recession-proofHR departmentThe chief nursing officer for England recentlyinvited nurses to contribute to the definition ofthe Top Ten high impact actions that will changethe way nurses work and save the NHS millions.One wonders quite what has been going on overthe past decade with successive ‘modernisation’initiatives, rethinking the patient pathway, LeanThinking and so on. Perhaps adversity will achievewhat the good times have failed to achieve.The healthcare HRM world, however, hasalready done plenty of homework on highlightingthe high impact actions which make the differenceand defining the value of HRM interventions. Nowis the time to dust off that research and put it intopractice as the NHS faces tougher times aheadwith £15bn efficiency savings to find.HPMA members will already be focusing onwhat their teams can uniquely contribute to deliverhigh quality patient care in the difficult periodahead. In the coming months there will be a needto examine HR staffing and skills, efficiency andeffectiveness, and alternative ways of deliveringHR expertise within your organisation so that youcan demonstrate added value. The Darzi challengeof engaging clinicians is one which HR people arewell positioned to take up.Some members will still be battling to establishthe credentials of their departments. Here ‘s whereyou will need to draw on the excellent body ofresearch on how people management can helpdeliver high quality patient services. Human capitalremains the NHS’s greatest resource which itsquanders at its peril. In the fight to win the heartsand minds of the board, you will need to knowhow to cope with the new financial challenges andconvince the board that HR means business.Our learning and development division,GateHouse, has teamed up with Noel Plumridge,the former NHS finance director who now helpsorganisations with their leadership developmentand change programmes, to run two crucial andtimely courses to help HR managers thrive in NHS.Go to to find out more.Alison DunnJoint managing directorChamberlain Dunn/ and Staff SatisfactionSharon Gregory,for Kings Fund have recently conducted a new surveyinto the links between positive staff feedback andpositive patient experiences in 166 acute and specialisttrusts in England entitled ‘Quality and Safety inHealthcare’. The report showed significant associationsbetween positive staff feedback and positive patientexperiences pointing to the possibility that improvingworking conditions for staff could be a key strategyin improving the quality and safety of healthcare.Of particular note was the fact that there was directcorrelation between staff saying they felt supported bytheir manager and patient reports of good team workbetween doctors and nurses, and patients reporting thatthey felt they had been treated with respect and dignity.There was also very significant correlationbetween positive patient feedback and thefollowing staff experiences;● Feeling supported by their line manager● Good availability of handwashing facilities● Feeling able to report a potential error● Availability of health and safety training● Lower levels of staff working extra hoursThe Health and Social care regulator, the CareQuality Commission (CQC) published theperformance ratings for 329 NHS organisationson 15 October 2009. The CQC’s ratings frameworkfor the annual health check has a clinical andfinancial emphasis but it also includes anumber of workforce indicators such asemployment checks, access to education andtraining and also a score for overall staffsatisfaction.Interestingly, in the context of the recentKings Fund report this survey also showed a clearassociation between below average scoresfor staff engagement/satisfaction and overallproblems with performance.Staff engagement continues to be a coretheme for NHS Employers in the comingmonths in terms of activity and developmentinitiatives. An updated staff engagement briefingwill be available on the NHS Employers websitefrom November which will bring togethercurrent research findings and best practicerecommendations.

networkTUPE – mobility clausesand post-transfer change inwork locationThe latest decision under the Transfer ofUndertakings (Protection of Employment)Regulations 2006 (TUPE) is Tapere v SouthLondon and Maudsley NHS Trust, which looked atthe common situation of an employee’s workplace changing as a result of a TUPE transfer.Ms Tapere worked for Lewisham PCT andtransferred to South London and Maudsley NHSTrust under TUPE. During consultation, Ms Taperewas informed that there would be a change to herwork place as soon as possible after the transfer.This change would affect her route into workand require her to use the M25. The extra traveltime also potentially upset her child carearrangements. She made it clear to her newemployer that she was not happy with this.The new employer suggested a later start timeand that they would see how things went.Little else happened between the transfer on1 April 2007 and Ms Tapere going on holiday inAugust. While she was on holiday the office movetook place. The letter informing Ms Tapere of themove was sent while she was away. Without havingread the letter, Ms Tapere went back to work, onlyto find an empty office. As a result, she went offsick and resigned a few days later. She broughtclaims for constructive unfair dismissal and breachof Regulation 4(9) of TUPE.The EAT considered the mobility clause in MsTapere’s contract that allowed her employer torequire her to work at other locations “within theTrust”. South London and Maudsley NHS Trust, asthe new employer, argued that having inheritedthis contractual term, it could rely on it to meanlocations within its Trust, not the predecessoremployer, Lewisham PCT.The EAT looked at the purpose of the Directive,which TUPE implements. The effect of TUPE couldnot be to give Ms Tapere less protection than shehad before the transfer, by allowing her newemployer to require her to work over a wider area.The mobility clause had to be interpreted to meanlocations within Lewisham PCT and not SouthLondon and Maudsley NHS Trust. The newemployer was in breach of contract by moving herto the new location.Regulation 4(9) allows an employee to treat hisor her contract of employment as terminatedwhere the transfer involves a substantial change toworking conditions that are to the employee’smaterial detriment. The EAT found that workingconditions should be widely interpreted to includecontractual terms, as well as physical conditions.Whether a change is “substantial” is a question offact. Tribunals should look at the nature and thedegree of change.In this case, Ms Tapere felt that the change inlocation meant a potential disruption to her childcare arrangements and a slightly longer or at leastaltered journey involving using the M25, which shedid not find “attractive”. The Tribunal should havelooked at whether Ms Tapere considered this to bedetrimental and if so, whether it was reasonablefor her to do so. As such, the EAT found Ms Taperewas entitled to treat herself as dismissed underRegulation 4(9). The case was remitted to theTribunal to consider if the dismissal was fair.Nicola StibbsSolicitor, Bevan Brittan LLPNicola.Stibbs@bevanbrittan.com20% SAVING FOR HPMA MEMBERSStrategic HR Management in the NHSA one-day practical workshop for HR managers on how to add value. Includes tools andtechniques for analysing current HR performance, and understanding how and where to applybest HR practice to make the most impact on the whole organisation’s performance. See for details.Monday 26 November LondonUse the discount code HR20 to secure your saving.Tuesday 9 February Birmingham5

HPMA consultant proposalsWith new funding to support branch development work the Association is keen to use thebest consultant support available. So HPMA have now opened a preferred supplier list forconsultant services.The development work will hopefully be interesting and challenging, we expect opportunitiesto become available across the UK. In principal projects will fill in the gaps for HPMA branch andcouncil officers who have ‘day-job’ commitments.To join this list you simple need to complete an application form - questions include areasof specialism, experience, references and confirmation of professional indemnity insurance.This pool of consultants will then be used for ad-hoc projects, based on a process of matchingskills and expertise.In light of the great work branch and council members already do in their free time, we areasking that any consultant interested in joining the preferred supplier list agrees to offer up to2 free ‘pro bono’ days over the 12 month period.Download the application at look forward to developing a strong list to help take HPMA branch development to thenext level.STOP PRESSCongratulationsSally Story has just started as Director of HR and ODat St Georges Healthcare NHS Trust, taking over fromHelen Gordon who has gone off for a year on adoptionleave. We all wish Helen and her family the very best,and congratulations to Sally on her appointment.Branch newsThe HPMA NI branch held its Annual GeneralMeeting on Thursday 15 October 2009. The committeereported a very good year of 3 well attendedworkshops and a successful Annual Conference Event.All information can be found on HPMA newly elected officers of the committeeconsists of:Therese McKernan ChairJacinta Melaugh Vice ChairPat Hannaway Secretary/ EventsRaymond Irvine Treasurer/ Membership SecretaryGladys McKibben PR. OfficerFor the next 12 months, the committee plan tofacilitate 4 half day workshops on topical issues inthe coming year and have agreed to host the AnnualConference for 20th and 21st May 2010.Meet the president!HPMA are exhibiting at the NHS Employers conference(3-5 Nov) at the ICC in Birmingham – pop along andsay hello to Kelvin, we will be at stand 33, and wemay have a special gift for you!2010HPMA Excellence in HRM AwardsProgramme launch December 2009see for detailsEntry deadline Wednesday 31 March 2010Awards ceremony and black-tie dinner June 20106There is still time to get involved as a sponsor contact call 020 8334 4530 for details.

networkRecruitment habits and attitudes:survey highlightsThe NHS Purchasing & Supply Agency (PASA) has recently awarded commercialHPMA member Fine Green Associates a place on the newly launched CommercialResources Framework (ie senior non-clinical interim staff).This month Neil Fineberg, director at Fine Green Associates shares a brief selection of findings fromtheir client survey which surveyed 200 NHS HR Executives on their habits and attitudes towardsthe marketplace.Q1What % of your non-clinical managerial/executivelevel (AfC Band 7 – VSM) permanent rolesare filled by only advertising on varied hugely depending on the typeof role and location, average figure 59% fromentire group.Q2What are currently the most problematic rolesfor you to fill?Most common answers were governance,commissioning and general management.Q3What do you consider an acceptable numberof applications and size of shortlist?Most frequent answer was 20 applications,and a 7-strong shortlist.Q5What factors contribute to engagement of athird party recruitment consultancy to assistwith a permanent role?Respondent answers included:● Previous experience; we know that the role ischallenging to fill● The need to ensure the widest possibleshortlist● Failure to appoint using NHS Jobs and/orown advert● Need external administration of CV filteringand initial interviews● Lower than expected feesQ6What criteria rank most highly when selectinga recruitment consultancy to assist withhealthcare non-clinical managerial roles?Neil Finebergdirector, Fine Green more details on ourbusiness and the reasonswhy we are one of theUK’s fastest growing NHSrecruitment suppliersplease visit our orvisit our stand at theforthcoming NHS Employersconference.Q4What are your the biggest frustrationswith answers included:● Contending with weak and smallshortlists● Applicants cutting & pasting applicationsand not making the effort to tailorapplication for a specific role● Applications only partially completed● Candidates being invited for interviewbut not attending● Not suitable for immediate or interim roles.NHS PASA ‘Awarded’ 30%Recommendation/track recordwithin the organisation 21%They contacted me at theright time 15%“They Placed me” 17%They are NHS specialists 13%Other 4%FREE delegate pass for NHS Employers Conference3-5 November 2009 ICC BirminghamFine Green Associates are offering one lucky HPMA member a free delegate place at the NHSEmployers Conference at the ICC Birmingham on Tuesday 3 – Thursday 5 November 2009.To enter the draw, please send an email with your full contact details to date is 12 noon on Wednesday 28 October 20097

networkHPMA membershipDiscounted individual and corporate HPMAmembership is now available for the remainder of2009/10 membership year (ending 31 March 2010):Individual (band 4 or below and retired members) £12 (Previously £20)Individual (band 4 or above) £25 (Previously £45)Corporate (turnover £150m) £250 (Previously £450)Inform your network – let’s build our membership.Download a membership form online at or call 020 8334 4530DATES FOR YOUR DIARY● NHS Employers annual conference and exhibition 3-5 November 2009Birmingham ICC● HPMA Wales Winter Event & AGM 6 November 2009 YMCA, Newport● NHS EFM Workforce Challenge Conference 13 November 2009 Leeds● HPMA Excellence in HRM Awards 2010Launch December 2009Entry deadline 31 March 2010Awards ceremony and black-tie dinner June 2010● HSJ World Class Workforce 19-20 January 2010● NHS Confederation Annual Conference & Exhibition 23-25 June 2010 ACC, Liverpool● HPMA NI Annual Conference 20-21 May 2010 and contributionsNetwork is your membership newsletter so we always welcome comments, articles andnews from any of our members.You can send contributions directly through to the production team ( or call020 8334 4530 for an informal chat first.The newsletter is published every month and circulated to all HPMA members so it’s a great way to sharesucess, ask for help or get colleagues thinking.

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