Department of Health and Department of Social Care
Modernisation of Pay, Terms and Conditions
1.1 The Isle of Man Department of Health and Department of Social Care, are on the threshold of major change and development with the acknowledgment that the time is now right to proceed with the introduction of an amalgamated and dynamic new set of Terms and Conditions of Employment leading to the modernisation of pay and related structures within the organisation.
1.2 This agreement symbolises the individual and collective determination of managers and staff representatives to strengthen the relationship between them on a basis of workplace partnership.
1.3 But more broadly, it is based also on recognition that most of the specific challenges facing the organisation will be best met by a shared vision, common understanding and joint communication between the management and staff sides working in partnership.
1.4 To achieve these challenging goals we need to acknowledge that improved standards of patient care will best be achieved in partnership with staff, their representatives and managers working together with the aim of reaching an agreed goal, rather than working in an environment that encourages 'leaders and followers'.
2 The Partnership Principles
The principles described below are intended to apply to all aspects of the work of the Isle of Man Department of Health and Department of Social Care Health and Social Services Divisions. They apply equally therefore to all operational, functional processes and to all strategic, business processes both internally and with external partners.
2.1 The parties to this agreement commit themselves to the following principles. These principles are intended to guide our behaviour, attitude and approach at all levels within the organisation, both during the term of the project and beyond.
2.2 We commit ourselves to develop the success of our organisation through improving both patient/client care and staff working lives.
2.3 We recognise and value early staff engagement in all initiatives and problems, at all levels, as a means of encouraging partnership between managers and staff.
2.4 We work with open and honest systems of communication and decision making; staff and managers are empowered to accept mutual responsibility for identifying and resolving difficulties, sharing information and insights from our different perspectives and respecting confidentiality where one or other party considers this to be essential.
2.5 We jointly develop ways of learning constructively from our experience and professional practice, both where we have been successful and where we have succeeded less well. We strive for continuous improvement.
2.6 We recognise that our staff must reflect the diversity of the people whom we serve and a key priority is that we meet staff needs.
2.7 We value diversity, and therefore the different needs, of the people within the population for whom we provide services. 2.8 We treat each other with mutual respect and courtesy.
3 Working together
3.1 A key purpose of this agreement is that it facilitates appropriate involvement at all levels of the organisation. It specifically acknowledges the importance and willingness to encourage and facilitate team, directorate and corporate involvement, during the period of the project and beyond. Our principles of workplace partnership stress effective engagement between managers and staff at all levels. This is part of a joint approach to resolve issues which may arise and to identify new and better ways of working with the overall aims of improving patient/client care whilst at the same time striving to identify and implement standard terms and conditions of working across the organisation.
3.2 To a large extent the Partnership Principles will be implemented informally, as management styles change and as managers and staff at all levels learn to work more collaboratively. This must lead to genuine changes of style and interaction in teams, directorates and corporately within the organisation.
3.3 A fundamental aspect of this project is that there is a clear understanding about the style that the organisation expects its managers and staff to adopt and how and to what extent staff and staff representatives should be engaged.
There are five important guidelines to be followed by the project team and those involved in its inception, development and implementation:
- Managers should adopt an inclusive style of management, engaging staff and their accredited representatives as early as possible about ideas for new ways of working and solving key problems. Managers must keep staff informed on a regular and systematic basis. Staff and their accredited representatives should be given the opportunity to become involved in the problem identification and analysis stages as well as the stage when solutions are being devised.
- Managers of course can always directly involve their staff in their ideas and plans. However, accredited staff representatives are essential parties to this agreement and care must be taken to ensure their involvement is given a high priority.
- The organisation expects all managers and staff representatives to deal with all problems at the appropriate level in the organisation and in a manner consistent with the Partnership Principles. All parties should make their best endeavours to achieve this goal successfully and potential disagreements should be addressed through the Project Group and joint JNC in the first instance.
- Recourse to the formal grievance procedure will very much be the last resort.
- Staff engagement must include discussion about the issue, the proposed method for planning and implementing solutions and changes. This will include consideration of how possible changes to existing working practices, terms and conditions of service and resource issues ought to be addressed.
4 Structural arrangements – Project implementation
4.1 The Partnership Principles will be incorporated into all areas of the project and its delivery.
4.2 The Partnership Principles must also be incorporated into the formal structures through which management and staff representatives conduct their working relationships and business of the project.
4.3 These should be the forums that provide the Project Steering Group, Project Management Team, Project Group, Project Sub-groups, Managers, staff and staff representatives with the opportunity for early involvement in proposed changes and initiatives, for the joint exploration of problems and for exploring new ways of solving problems should they arise.
4.4 All parties recognise that it is vital to good employee relations for the workforce to be afforded the opportunity to be properly represented by professional bodies and staff side representatives of their choice. Furthermore, commitment is given, through this agreement, that all parties signed up to the agreement will be afforded the opportunity to take part in discussions and decision making processes throughout the lifetime of the project, and in the future, via properly constituted groups and subgroups within the project team and local JNCs.
4.5 All parties are committed to the systematic and routine involvement of professional bodies and staff side representatives at all levels and to them being an integral part of decision making processes, particularly in those areas which affect the working lives of staff and the delivery of services. The involvement of recognised professional bodies and staff side representatives is an essential part of the process and it is vital that a joint approach is taken at all levels and stages of the process in relation to all service and workforce priorities. Partnership working should be placed at the heart of practice.
5 Professional bodies and Trade Union recognition
5.1 The provisions of this agreement shall apply to accredited representatives and members of recognised Professional Bodies and Trade Unions that are party to the Modernisation of Pay, Terms and Conditions project.
5.2 Accreditation will only be given to employees of the organisation who have been duly elected or appointed in accordance with the rules of the respective Professional Bodies or Trade Unions.
5.3 It shall be for the relevant Professional Bodies and Trade Unions to discuss and agree with the employer an appropriate number of representatives, having regard for the size and location of its membership and the workload associated with the project. The Professional Bodies and Trade Unions will issue written credentials and notify the Project Management Team of the number and location of each representative they wish to nominate to participate in the project and its sub-groups.
6 Facilities time for representatives
6.1 This agreement will establish a formal policy and procedure in relation to the role of Professional Bodies and Trade Union duties and activities in accordance with the legislative framework. It is recognised that it is not possible to be prescriptive about all duties, activities and the time required undertaking them. Requests for facilities time will not be unreasonably refused.
6.2 Subject to adequate notification, accredited representatives will be permitted facilities time, including time to prepare for meetings related to the project and its subgroups. Facilities time will also be permitted for the following activities associated with the project and its subgroups:
- Negotiation and/or consultation on matters relating to terms and conditions of employment and attendance at meetings
- Attendance at meetings and work associated with the subgroups of the project
- Meetings with members
- Meetings with other lay officials or full time officers
- Training, including related training for representatives in relation to the project and its subgroups.
6.3 Travelling and subsistence will be reimbursed to accredited representatives for periods of work approved in accordance with organisational policy.
6.4 It is recognised that staff representatives may need to attend meetings with their local membership, Regional and National Officers. Reasonable facilities time will be granted to an agreed number of delegates for attendance at meetings or conferences provided that the meetings are relevant to the overall project and its successful implementation. It is expected that the trade unions will meet the costs of delegates’ attendance (travel, subsistence etc).
6.5 The staff representative should indicate the general nature of the business for which time is required, where he/she can be contacted if required and requests should be made as far in advance as is reasonable in the circumstances. Wherever possible the representative will indicate the anticipated period of absence.
6.6 Where time with pay has been approved, the payment due will equate to the earnings the employee would otherwise have received had he/she been at work.
6.7 Where meetings called by management are held on matters relevant to the overall project and its subgroups, and where staff representatives have to attend outside their normal working hours, appropriate payment may be made or equivalent time off will be granted by agreement.
7.1 The organisation will, where possible, provide the following facilities to recognised Professional Bodies and trade unions representatives during the duration of the project:
- access to internal and external telephones with due regard given for the need for privacy and confidentiality
- access to internal & external mail systems
- access to the employers Intranet and email systems
- access to appropriate computer facilities
- access to sufficient notice boards at all major locations for the display of literature and information associated with the project and its subgroups.
- where possible, access to administrative support via the Project Management Team
8 Facilities for staff representatives
8.1 Principles of Good Practice
- Staff involvement requires managers at all times to be committed to an open and participative working style being honest, open and fair in their relationships with staff. Managers will demonstrate this through their own behaviour and the behaviour they expect from their staff.
- The employer will ensure that at all levels management are familiar with agreements and arrangements relating to partnership working/staff involvement including the facilities agreement.
- Staff involvement will mean that staff will be able and encouraged to challenge and question.
- Staff representatives will have access to all appropriate information.
- Involvement will take place at all levels irrespective of boundaries of profession, service and functional structure.
- The systems and process for staff involvement at both corporate and functional levels will be supportive of and supplementary to co-existing consultation procedures.
- The process for staff involvement will provide clarity of scope, roles and responsibility.
- Staff have a responsibility to give their views/opinions when asked and to become actively involved in issues affecting them.
- Management recognise that staff and their representatives should have protected time away from their place of work to facilitate the work on the overall project and its subgroups.
- Management recognise the significance of backfill to ensure that both sides can dedicate agreed periods of time to the project.
- Staff, unions and managers will jointly audit the implementation of partnership working and its associated agreements.