RepsDirect No 150 - 26 September 2002



From
Head of Health, Roger Spiller General Secretary, Roger Lyons

1 Skill Mix or Grade Mix

There has been some debate in Amicus on issues relating to skill mix. This is a debate that needs to be had particularly with the creation of a new pay system under Agenda for Change and the modernisation programme focusing on workforce development.

Unfortunately, this debate sometimes translates itself into colleagues claiming that the service is being diluted professionally or references to 'non-qualified colleagues'. This is unfortunate not only because of the personal sleight on some of our colleagues but it does miss the point about how we can both expand capacity whilst protecting the professional integrity of our professionally qualified membership.

The Government has set targets for increasing the numbers of health staff as detailed in the NHS Plan. However, whilst these targets are welcome, no workforce planning has been done on how this figure should be distributed throughout various professions and disciplines within these professions. Maybe this is an indeterminable objective. Amicus has met huge obstacles in trying to develop a robust model for community nursing and had to give up on a proposed research project in this area. However, we are convinced that we need to boost capacity in the NHS in order to meet Government health targets and improve healthcare in the long term. We are involved in a rigorous campaign to boost the number of practitioners across a range of professions.

Recruitment itself poses problems of national "intellectual capacity". Output from all forms of higher education, including internal NHS training, in 2005 is expected to be approximately 250,000. Demand from the NHS on present job mix is likely to be 60,000. 25% of the output, for 4% of the economy. Therefore other ways of resourcing staff requirements have to be found.

The most recent figures in England reveal a mixed picture in tackling the vacancy rate for a range of health professions. There is also the question of whether we accept the statistical premise that the vacancy rate is determined by the percentage of jobs that have been advertised and remain unfilled for a period of three months. In our work in pathology we have shown that this is a flawed approach as often Trusts claim there is no longer a vacancy if they use agency staff to fill a post albeit temporarily. This is without the added 'dynamic' of if and when the expanded number of posts envisaged in the NHS Plan come onto stream.

There is also an obvious gap between Government intentions and achieving the shift in resources that we know will improve health in the longer term. The problem for politicians is that they are faced with short-term political objectives and when the public responds positively to expanded numbers in effect they typically are doctors or nurses residing in the acute sector.

Genuine skill mix is a rational approach to workloads as it allows health professionals to concentrate on the core 'value added' competencies that are required for professional registration. At the same time this can facilitate a greater commitment to team working and multi-agency working. In this way skill mix is one way that capacity can be increased but at the same time we do need to protect against a dilution of a service based on grade mix. How can this be done?

GLOSSARY

GOOD BAD
Skill mix Grade mix
Capacity increase Job substitution
Health needs driven Budget driven
Upskill Deskill
Invest Disinvest
Colleague Assistant or helper

From the outset there is a need to address staffing from a service needs approach. Health professionals are the appropriate people to lead on this with support from the Trust management. Government policies and targets in a range of areas should inform this. Staffing levels and the required skill mix follows. The Trust is then required to make a qualitative decision based on health needs on priorities for expenditure.

Where this does not happen too often services respond by prioritising across policy initiatives and in effect create a form of the postcode lottery. This then becomes the starting point for any review of the service. As a result the Trust ends up determining the blend of grades - grade mix - in order to meet the Budget, allocating work accordingly.

One simple device to prevent grade mix is to keep track of the staffing complement and grading over a given time period. This information can be sought from management under trade unions rights to disclosure of information, although in small teams this is often well known. Through this approach it can be shown where positions at a lower grade - job substitution - have been introduced to replace those at a higher grade. If this has taken place we then need to ask on what health needs or service grounds this has been done. The purpose is to expose such decisions to scrutiny and prevent this being introduced by stealth.

We cannot avoid professional issues relating to this issue. Firstly, skill mix may seek to delegate work to other colleagues which is part of the professional development of the health professional or gives them job satisfaction. This is difficult to address but obviously the full range of duties must be part of a training programme and first years of practice. At the same time we should ensure that the work of the non-professionally qualified staff has its own resonance and not simply seen as one of a 'helper' to the health professional.

Our objective should be to create a policy of a skills escalator where all staff have access to paid time off and resources for continuing professional development. Often Trusts operate access to CPD based on a 'hierarchy of need' with the normal professions benefiting to the detriment of others. Our role as a trade union is to ensure that all staff have an agreed level of competency and they should not work outside that envelope. Also that skills enhancement is reflected in the level of pay our members receive, as this will prevent grade mix based on job substitution. Agenda for Change should provide this opportunity.

There is great opportunity for Amicus in this area. It is clear that as a result of the modernisation programme and the need to reduce workload pressures on doctors in order that the NHS can become compliant with the Working Time Directive new roles will have to be developed. This in turn raises the question of who undertakes the former work of those practitioners undertaking such new roles? Therefore this programme needs to be systematic and cover the NHS from top to bottom and from left to right. We have the professional expertise, either through autonomous sections or through links with professional bodies to make a big drive forward in this area.

The Knowledge and Skills Framework does have the potential to produce such an approach if operated honestly and fairly by Trusts. But if not done so could degenerate into a crude form of performance related pay. This points to new roles for local representatives as custodians of the KSF in the spirit in which it will be agreed as part of Agenda for Change.

Another issue is related to delegation and accountability. The CPHVA has produced a Professional Briefing: "Delegation and Professional Accountability" for community nursing. Further work is required to address this issue across the range of professions that we represent.

The key point is that health professionals in the main cannot delegate responsibility. They may come under pressure either because of a lack of staff or by management to delegate work that it is not safe to do so because it is beyond the competence of their colleague. The health professional should immediately record any concerns that they may have in this respect with their manager, keeping a copy for their personal files.


Finally, we have two organisational tasks to undertake. Firstly, we need to break down the regulatory obstacles to getting recognition. We need to ensure that the Health Professions Council delivers on the objective of the Government to ensure a broader range of health staff obtain professional status and become registered. We need to ensure that this takes place on a fair basis not the professional prejudices of Council members. Next we need to ensure a regulatory framework for health staff not covered by this arrangement, either through the HPC or a newly created body.

The other task is to unite all staff working in a particular Department or section of work e.g. pathology, pharmacy, community nursing in amicus MSF regardless of their professional status. This will prevent Trusts players of sections of staff against the other and allow us the opportunity to discuss the best way forward as equals in a collegiate manner.

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2 Agenda for Change - Update

The delays in reaching agreement on AFC have lead some to believe that there is a lot going on behind the scenes. Unfortunately the reason for the delay is that too little has been going on anywhere. The latest information is that the pay and structure proposal may now be available sometime in November. As a result the Heath National Advisory Committee will now be split in two the non AFC part taking part on 5th November and the AFC part on 13th January. Delegates are being notified directly. The briefing meetings arranged for November will be postponed until January.

In order to make the job evaluation implementation easier, job profiles have been produced which should provide managers/unions at trust level with an easy way of reading across existing jobs into the new structures. These profiles have yet to be completed and only then will the DoH be able to put forward their proposals on pay and structure, at present mid October. Without the structure many other issues cannot be resolved. There are currently some 66 issues identified by the DoH on which we have no agreement including issues like Hours; Holidays; unsocial hours payments etc., which will all be dependent to some degree on the pay structure.

Some elements are approaching a conclusion and others should over the next few weeks. One such area, which is new to some, will be the gateways. At present many grades for Amicus members are relatively narrow and provide for automatic increases to the top where most future progress has to wait on filling "dead men's shoes". One of the main intentions of the new structure will be to reward staff for taking on extra responsibilities. This will be done in two ways. First by enabling the worker to be re-evaluated after taking on new responsibilities and be re-graded without having to wait for an established post to become available. Secondly the new pay bands are likely to be much wider than at present. This is partly to reduce the number of staff who require "salary protection" and partly to enable staff to be rewarded for taking more qualification, training or responsibility. The gateways would enable further progress up the scale to be made in return for the extra work, something that many staff have sought for decades. There is still significant difference within the negotiations over these issues but to give you a flavour of the differences some of the arguments are presented below.

The gateways could be based on achieving agreed levels of competence, so this is not related to performance but something tangible and relevant to the job. In fact the sort of standard which most staff already accept as part of the normal requirements of the job. The first gateway could be at the end of the first year of "probation" and based on proven competency. The second could be at the penultimate point and require the attainment of some competency, typical of what would be achieved under present arrangements but without reward. Where the grade has a long scale it may be desirable to insert a middle gateway. Long scales may reflect a wide range of points score and placing staff with substantial differences in skill or responsibility in the same grade, could cause concern among those with higher level achievements. A mid point gateway could enable those extra skills to be recognised and yet enable all in the grade to move to the top having achieved the additional competencies.

However without training opportunities Gateways could be an obstacle to progress. This is why the new arrangements will guarantee appropriate training and paid leave to achieve the gateway target. This will be a term of employment so no matter what budgetary or staffing problems staff will be able to demand it.

A number of the current proposal could leave Amicus MSF and others with problems without preventative action being taken. The setting of 37.5 hrs as the standard working week is an example. We have already and will continue to make clear that at a time when the introduction of family friendly policies and IWL is seeking to make working hours shorter and more flexible, imposing an increase in hours is clearly unacceptable. To reduce the 37.5 at this stage would be both costly, the cost coming from the pool available for pay, and impracticable due to existing staff shortages but we believe that further reductions should be anticipated in the long run and existing hours protected. This, along with Holidays, unsocial hours payments and other issues will be raised with the Secretary of State when we meet him in three weeks time.

Unsocial hours payments are not related to on call and stand by, which will be addressed separately, as will overtime payments.

The Job profiles, referred to above, will cover jobs with high levels of occupancy. Many Amicus MSF jobs will either nor be covered at all or will demonstrate a high level of variability. In either case it will be necessary to advise members on their job description. This will entail each department providing a member who can be trained to help their colleagues. If you have not done this yet, now is the time to get prepared. Contact your Amicus MSF rep or Regional Office for help.

These negotiations are difficult for everybody. The result will be the biggest change in pay structures seen in the NHS. The costs will be high, particularly for harmonisation, and we had to await the CSR in July before even the DoH knew what they had available. If we are to avoid the fiasco of Clinical Grading for Nurses the structure must be sound and process robust. This can be helped by the partnering approach to the negotiations, which because of its novelty, especially in the DoH, has lead to some slippage.

There will undoubtedly be many arguments within the staff side and between the staff and management sides over the next few weeks. If we can maintain the progress already made, and respect the position of smaller professional groups of staff, it could be that AFC provides us with opportunities for our skilled and professional members for the next decade or more.

The consultation process will firstly provide opportunities for Reps to discuss the "agreement" followed by joint presentations at all trusts. Amicus MSF will then ballot our members at the workplace to determine the Amicus MSF position, to accept or reject. You will remember that right at the beginning of the process it was agreed that nothing would be agreed until everything had been agreed. This also meant that the details of the negotiations would be confidential until the final document was put to members. This has clearly caused problems over the past two years and would not have been the preferred way for me however that is the position and we have to work within that. There have been complaints that Amicus MSF has revealed too much but we might argue that also applies to others. We shall continue to keep you informed as much as we are able.

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3 NHS Pensions

Amicus Head of Health, Roger Spiller, recently wrote to Alan Milburn expressing member's concern over the future of Pensions within the NHS. Members had raised the issue after reading and hearing about the cost saving measures taken in parts of the Private sector which were reducing pension benefits for staff. Amicus welcomes the answer which confirms the importance of the present Pension arrangements to the DoH of providing staff security and recruitment.

Below is the text from the response from Alan Milburn, Secretary of State for Health:

I understand the concern of your members about the security of their current pension arrangements. Let me assure you then that there are no plans to change the basis on which National Health Service employees are pensioned. The Government believes that it is right to continue to provide occupational pension benefits for health care workers who are providing essential services to the public.

That said, the Government also believes that it is right that the benefits offered under public service schemes are reviewed regularly to ensure that they remain a cost effective part of the remuneration package designed to recruit, retain and motivate staff. It is important that the value of pension benefits is considered when determining pay and other elements of the remuneration package, having due regard to the level of employee contributions in the particular scheme.

The National Health Service has a nationally funded pension scheme with benefits guaranteed by the Exchequer. Projections of future expenditure on public service pension are taken into account in the Treasury's long tern fiscal projections. These show that the scheme's finances are sustainable in the long term.

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