by UNISON’s deputy head of health, Alan Lofthouse
The ‘NHS Bank’ sounds like a strong and reliable institution. Somewhere safe that will always provide security. But the data tells us that bank workers have worse experiences at work and, as the NHS starts to tighten its belt around savings, it is bank workers who are on the front line of cutbacks.
What NHS banks all have in common is an employment mechanism that uses zero-hours contracts to provide work. In wider society we call this the ‘gig economy’.
Zero-hours contracts are rife in sectors like hospitality, food delivery apps and taxi work. These contracts are often promoted as giving flexibility to both parties, but it normally benefits the employer far more than the worker.
These arrangements mean the employer doesn’t have to offer work and the worker can turn work down if it’s offered. In the NHS, zero-hours contracts are offered to deal with additional work – overtime.
Employers try to argue that bank staff are ‘workers’ in terms of their legal and contractual status – and as a result give them fewer statutory employment rights than substantive employees.
Change is coming
UNISON is not anti-Bank. We know employers need flexibility in staffing and the alternative to an NHS Bank is an expensive agency. We just believe that this regularity and commitment should be recognised and rewarded.
Over 70% of bank workers rely on bank work as their main source of paid work. Well over half of bank workers always or usually work the same hours or shift pattern each week with around eight in 10 bank workers always or often working in the same department or work area.
These figures show the regularity of bank workers and underlines their vulnerability as NHS organisations deliver 10% reductions in bank use.
UNISON is pushing the government and employers to make changes to improve the working lives of those working through the NHS Bank.
The new Employment Rights Bill is going to give additional rights to bank workers as it ends exploitative zero-hours contracts. It’s a massive step in the right direction – but NHS organisations need to wake up to these changes and act now.
One example of how they can is through UNISON’s Better NHS Bank Charter which gives employers clear actions to start improving the rights of bank workers.
Bank discrimination
Bank pay rates are set locally. This local process is rarely one of negotiation and agreement with unions but rather set by the employing organisation or bank provider.
NHS organisations frequently make statements about their ‘NHS People’ and about how much they value their contribution. These words are meaningless when, for example, there is a national pay award and, because bank contracts are locally set terms, they decide not to pay the award or an element of back pay.
An example is UNISON’s Pay Fair for Patient Care disputes, where we’ve won millions in back pay for Health Care Assistants who were paid band 2 wages while working at band 3 level. Most employers have refused back pay to HCA bank workers.
It’s not just hours and pay that are inferior, bank workers also lose out on wider terms and conditions such as maternity, sick and parental leave pay. They are also less likely to have access to training and career development and they tell UNISON that there is no payment (or provision) for undertaking CPD – with even mandatory training expected to be done in their own time.
Nearly 40% of bank workers didn’t feel safe to speak up and over 40% didn’t think their manager would take effective action on the problems they face.
Meanwhile, Black bank-only workers are more likely than their white counterparts to experience physical violence, harassment, bullying, and discrimination at work.
The illusion of choice
Bank working has increasingly been used to replace substantive posts that would give access to full NHS terms and conditions.
Many bank-only NHS workers ‘choose’ to work on the bank because they have been unable to access the flexible working or the fixed shift certainty they require in substantive employment.
Therefore, the priority for these workers should be bringing them back into substantive employment with the flexibility (or predictability) that they require to manage their work and home life.
And those workers who genuinely choose the zero-hours’ contract model should be employed on terms and conditions that are fair and equitable and reflective of People Promise values and Equality, Diversity and Inclusion objectives. Rates and terms must mirror those of substantive staff with any variation negotiated locally with the recognised trade unions.
UNISON wants change. And in preparation for the new Employment Rights Act, we’ve developed our Better NHS Bank Charter which sets out actions employers can be doing NOW, before the law changes.
If you are a bank worker, you can also join our bank network to get updates from your union on the progress to making bank work better for you.
Find out more on how we can make bank work better
The article Opinion: Making the bank work better for you first appeared on the UNISON National site.
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