HRF Employment Law Advisory Group: Minute of Meeting
2nd November , 10.00, Scottish Health Service Centre, Edinburgh
Present:
Lindsey Ferries (joint chair)
(LF)
David Esplin
(DE)
Gillian Lenaghan (joint chair)
(GL)
Alex Killick
(AK)
Patricia McNally
(PMcN)
Jenny Porteous
(JP)
George Doherty
(GD)
Claire Brennan
(CB)
Ruth Kelly
(RK)
Vicki Larkin (minutes)
(VL)
Murdo MacLeod
(MMacL)
Apologies:
1
Andy Carter; John Callaghan; Joyce Davidson; Jacqui Jones; Margaret Mowat;
Michael Fuller; Lynn Masson
Minute of previous meeting and matters arising
1.1
Minute accepted as accurate
1.2
XpertHR
Alex informed the group that Mark Butler had been approached by GEE and
thinks that this would be useful to have, but it was agreed that not to get into
procurement. More details are required.
Action: AK; CB; VL to explore
1.3
Membership
It was confirmed that a letter had been sent to all HRF members asking for
anyone who had any interest in Employment Law to put their name forward for
the group, although at that time there had been no UNISON representatives on
the HRF. CB had sent information to UNISON asking for representation, but to
date had not had a response.
Action: CB to make agreed changes to the constitution
1.4
CLO Role
MMacL confirmed that the CLO would be happy to provide regular input into the
work of the group by attending as and when required (although a fee would be
associated with this, estimated at 20 hours per year, to be covered through
SEHD). MMacL would act as the point of contact, although support would
potentially be provided by all members of the CLO Employment Law Group.
Actions:


CLO to be informed in advance if they will be required (CB/VL)
MMacL to provide more exact estimate of CLO input
1.5
Change of group name
To avoid confusion between the two Employment Law Groups, it was agreed
that the HRF group should be re-named the HRF Employment Law Advisory
Group.
1.6
Matrix/Mapping Exercise
CB tabled a diagram illustrating the architecture of national partnership
structures and sub-groups, which was felt to be helpful. Some minor changes
were discussed, including adding an appendix summarising the remit of each
group. It was agreed to submit this to the HRF, with a suggestion that this be
put out to the service for information, including equivalent information relating
to the SPF.
Action: CB to adjust diagram and include in HRF update paper
1.7
Summary of Employment Law Issues
Work was continuing on this document to incorporate references to NHS-specific
terms and conditions.
Action: GD, CB, AC to complete
1.8
Maternity Leave Queries
JP reported that this issue could now be closed, having been resolved locally. It
was felt that this did not have a wider impact on the service.
1.9
Employment Tribunal Analysis
Analysing the numbers and categories of ETs had originally been suggested as
one way of monitoring the success (or otherwise) of NHSScotland’s
implementation of best employment practice. Previous feedback on this from
the CLO was considered, and it was noted that a number of factors influence the
outcome of tribunals. However, MMacL agreed to collate some broad themes to
help the ELAG identify where it might best offer support to the service.
Action: MMacL to identify themes in time for next meeting
1.10
Payment during industrial injury
This issue has been passed to the Terms & Conditions subgroup to deal with as
requested by the OHSSIG joint chairs.
2
Work Programme
Items on the work programme, and other agenda items were prioritised as follows:
2.1
Immediate priorities
2.1.1
Disputes Resolution
Helen Kelly had written to the ELAG on behalf of the HR Directors
asking for statutory discipline and grievance procedures to be
considered. It was agreed that a short briefing paper around these
procedures, dispute resolution and the new Employment Tribunal
forms should be issued to the service, highlighting changes in the law
for information.
The group should link this information in with the eventual review of
the PIN Guidelines on Managing Employee Conduct and Managing
Employee Concerns. The guidance will advise the service that all
information will be incorporated into the revised PIN Guidelines.
Actions:



2.1.2
LF; GL; PMcN; RK; CB to prepare briefing paper (for
circulation to ELAG before going out to service)
CB to respond to Helen Kelly
CB to raise with the PIN Board
Health and Safety
Issues relating to health and safety included:




Emergency Workers
Stress
Protection from Harassment Act
Personal Injury
Action: DE; LF to clarify legislation and case law to collate a
position paper identifying the impact on NHSS
2.1.3
TUPE
Actions: GD; JP; MMacL to identify adjustments to the Regulations
and suggest implications for NHSS
2.1.4
Freedom of Information
Actions: CB to circulate SEHD Data Protection information to the
group
[Other action points as per work programme]
2.1.5
Information and Consultation Directive
Action: GD; MF to identify implications for the service
2.2
Secondary priorities
2.2.1
Discrimination
[Action as per work programme]
2.2.2
Human Rights Act
Action: GL to feed back Human Rights Act information to group at
the next meeting.
[Other action points as per work programme]
2.3
Further actions




3
CB to make agreed changes to the work programme, including
dates.
AK to feed back existing practice around criminal record checks to
ELAG (may want to advise Minister on changing practice around
disclosure)
MMacL to send a CLO newsletter to CB to circulate around the
group, and to identify any other “hot topics”
CB to collate information on “without prejudice” and references
into guidance for issue to the service. (Guidance on “without
prejudice” to clarify that managers should not attempt to resolve the
“substance” of issues behind the scenes “without prejudice”)
AOCB
None
4
Date of next meeting
Tuesday 11th January 2005
10.00 am
AMICUS Office
145-165 West Regent Street, Glasgow