From workplace representation to fighting for your pay, terms and conditions, we’re here for those working in independent health and social care settings, says Melissa Stanton, RCN Lead Nurse for independent health and social care (IHSC) in the North West region. Here she answers some key questions about working in IHSC.
Who works in IHSC settings?
Broadly speaking, anyone who isn’t employed on an Agenda for Change (AfC) contract is considered to be working in an independent health and social care setting, although there may be some variations in this. This includes nursing staff working in higher education, colleges, care homes and many other areas.
A contract may reflect AfC terms but still be an IHSC contract. Some names are confusing. If you work for NHS Professionals, for example, you work in an independent setting.
Why are job descriptions and titles an issue?
Individual employers create their own job descriptions that can result in different pay for individuals working in the same role. This makes job evaluation and delegated activities challenging to manage within IHSC.
There’s also a huge variation in job titles, which makes job roles unclear. For example, a carer might be called a health care assistant (HCA). In one care home I encountered an HCA with “waitress” as their job title, which is clearly inappropriate.
Can nursing support workers who work in IHSC join the RCN?
Yes, and it’s not dependent on your job title. To be eligible for nursing support worker membership, you must work providing health or social care under the guidance and supervision of a registered nurse, midwife or health visitor.
You must not be on a professional register (such as NMC or HCPC), unless you are a nursing associate, or it is a register held by the Scottish Social Services Council, the Northern Ireland Social Care Council or Social Care Wales. Find out more about becoming a nursing support worker member.
What learning and development opportunities can the RCN offer?
If you haven’t already, take a look at RCN Learn for access to a range of free online learning.
We also run leadership programmes, such as the RCN developing leadership programme.
What’s the RCN doing about my pay, terms and conditions?
Fair pay, terms and conditions – including pay scales, job evaluation schemes and equitable policies for staff – are all incorporated in our new RCN Employment Standards for Independent Health and Social Care Sectors.
We’ve recently been balloting members and negotiating on your behalf with a range of IHSC employers. Find out more.
We believe all IHSC employers need a pay system that’s competitive with the NHS but many IHSC pay systems are set independently and pay rates may be lower. IHSC employers may often only offer the statutory obligations of sick and/ or maternity pay and annual leave, too.
This isn’t good enough. It doesn’t reflect the value of your work, and it doesn’t even begin to cover the rising cost of living.
All IHSC employers need a pay system that’s competitive with the NHS
Can the RCN represent me if I have a workplace issue?
Yes. Whether or not you have a recognition agreement in place where you work, you can request RCN representation in a range of employment matters. Everyone has the right to representation, and this is especially important in workplaces that don’t have big human resources departments to ensure processes are correctly followed.
On-the-ground support
RCN officer Gail Hodgson recently supported members employed by an agency to successfully claim back thousands of pounds in underpaid holiday pay
I was initially contacted by a member who’d been invited to a disciplinary hearing. It soon became clear there were many issues that needed addressing, including that they were not being paid their correct salary entitlement while on annual leave.
Since April 2009, workers have been entitled to 5.6 weeks annual leave. This is the minimum right to paid holiday. Some employers offer additional annual leave over and above your statutory entitlement. This is known as your contractual annual leave. This additional leave, if you have it, will be detailed in your contract of employment.
Part-time staff will have a pro-rata entitlement to both statutory and contractual leave.
When we investigated what had happened, we could see that these nursing staff were not being treated fairly so we made a claim for backdated holiday pay on their behalf. For legal reasons this could only be backdated 2 years, but we still managed to get back £10,000 between just 2 members.
The employers have since emailed some, but not all, staff to say there may have been an error in calculating holiday pay.
If you think this might have happened to you, please get in touch with the RCN. Even if you’ve left the organisation, we still might be able to help as long as you’ve left that employment in the last 3 months.
Can the RCN help me with career advice?
Yes. We have an online career resource for nursing staff working in or considering a career in an IHSC setting.
How can I get more involved in the RCN work?
The best way to understand the RCN is to get more involved. Sign up to an RCN independent sector Facebook page if there’s one local to you, to network with your peers and keep up to date with our monthly blog and newsletter that address the issues that matter to you.
Independent settings are often under-represented, so make your voice heard
Go to your local branch meetings too. Independent settings are often under-represented at these catch-ups, so make your voice heard. By attending local events, you can influence how your local area’s pot of money is being spent for your nursing community.
Make the most of your RCN country and regional officers and your local independent sector lead nurse. You can also find out what the RCN Activist Academy is doing to champion your employment rights, and you could become a nursing workforce standards champion.
Join relevant RCN forums and networks, including the RCN Care Home Network.
Further information
- The RCN has IHSC lead nurses in each country and regional office. If you're unsure who to contact, email ihsc@rcn.org.uk.
- Nursing across independent health and social care services.
- Pay, terms and conditions in independent health and social care employers.
