NHS Scotland Once for Scotland Workforce: FOI release

Information requested

1. In an Appeal against dismissal, does the Scheme of Delegation apply only to the appointment of the panel Chair?
2. Would the Panel Chair, so appointed, be responsible for appointing other panel members?
3. Would the Panel Chair, so appointed be required to include a Non Executive Director on the panel?
4. Can compliance with the Policy be achieved without a Non Executive Director being included in a panel dealing with an appeal against dismissal?
5. Do individual NHS Board’s have the authority to modify Workforce Policies?
6. Has any NHS Board highlighted any issue with the interpretation of the above requirements since publication?

Response

1. In an Appeal against dismissal, does the Scheme of Delegation apply only to the appointment of the panel Chair?
   The Scheme of Delegation guide outlines the general principles which should be applied when setting up a hearing panel for any of the NHSScotland Workforce Policies.
   
   Given the range and scale of employers within NHSScotland, it is not possible to define a standard scheme of delegation. On that basis the following general principles should be applied when establishing any hearing panels under NHSScotland workforce policies.
    

• ​​​​The chair of any hearing panel should be one step removed from the employee to ensure impartiality i.e. it should not be the direct line manager.
• The number of managers with dismissing powers should be restricted but sufficient to ensure cases can be concluded in a timely manner. They should normally be at Director level or report to a director.
• Where there are insufficient levels within an organisation to allow cases to be considered without reaching board level at an early stage, cases may be heard by equivalent managers from other services.
• In Health and Social Care Partnerships, local authority employed managers can hear cases of health staff as long as these are under the relevant NHSScotland Workforce policy and they are advised by a health HR representative.
• In cases involving professional, technical or educational matters, the chair must be supported by a relevant adviser or representative from the educational institution if they do not have the necessary qualifications/registration to do so.

(Source: Scheme of Delegation Principles | NHS Scotland)

2. Would the Panel Chair, so appointed, be responsible for appointing other panel members?
   Given the range and scale of employers within NHS Scotland, the method for appointing panel members will be agreed locally.
3. Would the Panel Chair, so appointed be required to include a Non Executive Director on the panel?
   The NHSScotland Formal Hearing Guide states that in the case of appeals against dismissal the panel will consist of:

• Non-Executive Director
• Executive Director
• HR Representative not previously involved

4. Can compliance with the Policy be achieved without a Non Executive Director being included in a panel dealing with an appeal against dismissal?
   The ‘Once for Scotland’ Workforce policy package is not just the policy itself but the supporting documents that include the Manager and Employee Guides. The policy and supporting documents set the standard for employment practice for all our Boards to follow, and therefore the Manager and Employee Guides hold the same status as the policy.
   
   Each workforce policy comes with extensive support to ensure the consistent application of the policies across all NHSScotland employers. The Formal Hearing Guide states the following:
   
   In the case of appeals against dismissal the panel will consist of:

• Non-Executive Director
• Executive Director
• HR Representative not previously involved

5. Do individual NHS Board’s have the authority to modify Workforce Policies?
   The overriding purpose of the ‘Once for Scotland’ (OfS) Workforce Policies Programme is to create single, standardised and person-centred policies that will be used consistently and seamlessly across NHSScotland. The refreshed workforce policies, the principles and values that underpin them, and the associated supporting documents provide the standard for employment practice. The workforce policies apply to all staff within NHSScotland regardless of which Board they are employed by. NHS Boards do not have the authority to modify the NHSScotland Workforce Policies.
6. Has any NHS Board highlighted any issue with the interpretation of the above requirements since publication?
   These policies and associated supporting documents have been developed using a dynamic and interactive engagement process. Agreed in partnership between NHSScotland employers, trade unions and the Scottish Government. There has been extensive opportunity for all Health Boards to comment on the policies during the formal public consultation that ran from 17 April to 17 May 2019.
   
   Since the publication of the ‘Once for Scotland’ Workforce Policies, there is the opportunity to ask any questions relating to these policies. There is a Contact page on the digital platform that hosts the policies and aims to respond to enquiries within 7 working days.
   
   In relation to the interpretation of a non–executive Director being part of the hearing panel, one board has sought clarification and requested further information on this point.

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