NPS Flexible Workforce Requirements

1
NPS Flexible Workforce Requirements

• Hazel Elliott
• 27 June 2016

2
Background

• Under TR each Probation Trust had to determine
  the appropriate treatment of everyone they had
  working for them
• Trusts determined who went on the Staff Transfer
  Scheme and therefore transferred to either the
  CRC or the NPS and who they treated as sessional
  engagements which they ended ahead of the
  transfer
• Trusts asked those they deemed to be sessionals
  whether they wished to continue to do sessional
  work in NOMS in the future and they compiled a
  list of those who said yes
• Trusts provided the list to NOMS and NOMS offered
  a new sessional engagement on sessional terms
  commensurate with sessional use in NOMS did
  continue with existing rates of pay
• NOMS made no determination about who was or was
  not a sessional and accepted those Trusts
  reported as sessionals who wanted to continue
  sessional work in NOMS in good faith
• NOMS has not historically paid holiday pay for
  sessional engagements due to them being viewed as
  a contract for service, not a contract for
  employment.

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Definition of contract for service

• Contract is to provide a service
• Should be ad hoc
• Sessional can send a substitute
• Cannot be required to undertake training
• No set hours, should be ad hoc
• No obligation to offer or accept work
• Not subject to NOMS HR policies
• Paid set rate, claim retrospectively
• Deemed competent to carry out the work they do
  without intervention
• Do not have a contract of employment
• Not line managed

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Current use of NPS sessionals

• NPS sessionals fall into two categories
• Employees who work extra hours for which they are
  remunerated as sessionals.
• Those people who only work as sessionals.
• NPS sessionals have been used to cover staffing
  shortfalls in the following areas
• Approved Premises (AP)
• Court and reports
• Programme facilitators
• Senior Probation Officer (SPO) Probation
  Officers (PO) and Probation Service Officers
  (PSO) grades.

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Sessionals - Why change?

• Variation in pay rates (continued from former
  trust pay rates).
• Non-compliance with employment law, e.g. paying
  rolled up holiday pay.
• The way the NPS uses sessionals does not fit the
  organisational view of sessionals as a contract
  for service.

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Sessionals - Why change? continued.

• Due to the variation in use we would have to
  review each single engagement - fact sensitive.
• Individual review not practical.
• Pragmatic response
• Pay holiday pay to those who havent had it
  (backdated) no admission of liability.
• Solution to move away from sessionals to minimum
  hours contracts payment of additional hours for
  existing employees who work additional hours.

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Summary of Proposed Solutions
Those people who just do sessional work Employees who do extra hours for which they are currently paid as sessional
Calculation and payment of backdated holiday pay where owed. Calculation and payment of backdated holiday pay where owed.
Mechanism going forward to accrue and take paid holiday Mechanism going forward to accrue and take paid holiday
Payment of a standard rate Payment of a standard rate
Move from sessionals to a more modern resourcing solution of Minimum Hours Contracts (MHC). NOMS are working to find a solution to pay extra hours via an automated Oracle solution
People undertaking this work as employees will gain employment security and attract employment benefits of a MHC. Employees undertaking this work will attract associated employment benefits and an automated system will make it easier for employees to claim
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Solution Agency Framework (in place)

• Provides a flexible resourcing solution for SPO,
  PO, PSO and report writing.
• Where there is requirement for short term cover
  for roles covered in the Agency Framework
  sessional staff should not be used but resource
  should be secured via Agency Framework.

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Summary of resource to cover staff shortfalls
Role Source of flexible staff Source of flexible staff
SPO PO PSO Report Writers Agency Framework Employees working additional hours
Case Administrator Brook Street Employees working additional hours
AP Residential Worker Minimum Hours Contracts Employees working additional hours
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Set rates per role

• Rate should be a fair reflection of working being
  undertaken (based on the role ).
• The rates will be reviewed as NPS pay changes.
• Agency Framework pay rates will be used for those
  engaged via that route (for both Agency
  Framework and Brook Street).
• Rates for roles not covered by the agency
  framework will be agreed by the business with
  support from the Reward team. This work is
  ongoing.

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Next Steps

• NOMS would like automated solution to support
  above proposals, however this is not possible at
  present due to SSCL moving to a Single Operating
  Platform (SOP). As a delay to long term
  automated solutions interim workaround solutions
  will be provided, which will include
• Holiday pay calculator.
• Revised claim forms that will have set rates for
  roles embedded.
• Guidance for staff as well as responsible
  managers and line managers

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Next Steps continued

• Work with NPS to identify resourcing requirements
  and implement new flexible resourcing solutions.
• The proposals above will be formally submitted to
  People Sub Committee for approval.