On Call Update and GHP Negotiating Guide for Local On Call Arrangements

The national on call principles and guidance for local implementation were published along with related frequently asked questions by way of a Pay Circular from the Department of Health at the beginning of November (available here). This marks an end to over 2 years of negotiations within the NHS Staff Council and a move to local on call agreements.


To help pharmacists locally, the Guild has developed a Guide for Local Negotiations that is available here (contact regional member for password) and are running local meetings to brief members on the main issues involved with the new on call arrangements. (link)


One of the most important points within the national principles is the local harmonisation of all on call agreements. In other words, one set of on call terms and conditions will apply to all groups of staff providing on call within whatever is defined (in partnership) as local. This means that an individual should be in receipt of the same on call pay arrangements as another employee on the same pay band working the same type of on call system (as define in principle 2) at the same frequency. This signals an end to the traditional emergency duty payment that the majority of pharmacists receive for participating in an on call service.


Another important point covers the definition of on call. Traditionally, pharmacists would see on call as being available via a pager or telephone when the department is closed to provide urgent information and supply drugs in an emergency. The new definitions for on call would include this work as well as work that is done as part of an agreement outside normal hours. Normal hours are defined as those which are regularly worked and/or fixed by contract of employment. Time worked as overtime is not normal work unless an employee’s contract fixes a minimum number of hours.


The elements of the principles that are for local negotiation are:

·       Commitment payments

·       Payment for work done (including minimum)

·       Compensatory rest principles

·       Min/Max time limits for travel time to work

·       Minimum payment for sleeping in work

·       Whether on call payments are pensionable or not

·       What transitional arrangements will be in place


The most important question addressed in the FAQ paper is ‘can organisations implement the current agenda for change interim regime as a default position?’ The answer to this is quite simply NO. Local negotiations must take place to determine the arrangements for on call that will come into place on 1st April 2011. Therefore the assumption that pharmacists will be paid in the region of 2% of salary to provide on call is premature and not necessarily the case.


The issue of work to be done as and when required (as defined in the National Principles) will be addressed in an additional FAQ paper we understand. This will be important for pharmacists since traditionally there has always been the ability to use professional discretion and refuse to come into work to do something that can legitimately wait until the next time the department is open.


The key thing to be aware of with the principles is that they are for local negotiation and implementation. Therefore Guild members will have to get involved at a local level if they want to influence the outcome. This is not something the Guild will be able to do for you.


Unite have developed a framework for local on call negotiations (click here) and are able to offer a large amount of support and training to individual members who want to become accredited reps or to accredited reps who want to develop their pay bargaining skills. More information about this can be gained by contacting your local Unite office.


So what should pharmacists be doing locally?

  1. Join the Guild. It will only be members of recognised NHS Trade Unions that will be consulted around local implementation of the national principles
  2. Nominate a workplace rep from within the pharmacist members
  3. Contact the Trust staff side lead and make sure they are aware that on call affects pharmacists and that a pharmacist needs to be part of the organisation’s Staff Side group that are dealing with on call
  4. Determine what the pharmacist starting point and bottom line are for those parts of the national principles that are for local negotiation.
  5. Feed these positions into the organisation’s Staff Side group
  6. Where appropriate, through the Staff Side group, engage management in the negotiations
  7. Be prepared to challenge inappropriate practice by HR/management that does not abide with the national principles.
  8. Inform your regional GHP member of any agreements that have been signed off in partnership within your organisation.


The fundamental issue for pharmacists is to get involved locally!