Guernsey

Bank contract workers update June 2024

If you are a member with a bank contract and have concerns, you must contact RCNDirect ASAP to be added to a group case. We cannot act on your behalf without you doing this. Being on the wrong contract could mean you may miss out on entitlements such as holiday pay and pension.

Do NOT sign and return the letter by 28 June if you are at all unsure. Contact RCN Direct.


The contract states members are NOT an employee if they are a casual worker – is this correct? And what will that mean for bank nurses – i.e. training requirements, mandatory and/or clinical, clinical competencies? 

Answer from the States: Yes this is correct.  HR carried out a review of those previously defined as zero/bank/supply/temp/seasonal/student/sessional etc to establish their classification and whether their letter of engagement was clear and reflected the manner in which the States of Guernsey engages them.  This discovery work concluded that the intention of the engagement was that there were no guaranteed hours and that workers could accept or decline work offered and therefore were not legally classed as employees (as there is no contractual relationship and no presumption of a continuation in the acceptance of work either).  The classification of casual worker enables this group to decline entrance into the States of Guernsey Pension Scheme and also means that they sit outside of the Secondary Pensions legislation which commences on 1st July 2024. 

Members who are not sure if they are classified correctly and do tend to work set hours (or would like to) should talk to the States about other options. The letter was intended to confirm and clarify the current status of these workers and not to change anything.

Training requirements, mandatory and/or clinical and clinical competencies will be dealt with at operational level at HSC as is now (no change there).

RCN: Please check your working pattern and if you believe you are on the wrong contract, let the States know.


How will professional indemnity will work for bank workers if they move over to the new contract.

Answer from States: The insurance cover for these workers is the same as it always has been (ie they are covered by the States of Guernsey).  This is not something that is referenced in contracts.

RCN: We are seeking clarity on this as the change to the contract would be you would not be an employee therefore we need to understand if the professional indemnity will work in the same way.


It is not clear how members would know whether they were in the right ‘classification’ as there is no information on this.

Answer from the States: Being a Nurse on the Casual Workers Register is the same as being a Bank Nurse.  The differences between being a permanent employee and on the Casual Worker Register is:

A nurse who is a permanent employee of the States of Guernsey works guaranteed hours which are pensionable, has annual leave and sickness entitlement and does not have the option to decline work. 

 A nurse on the Casual Worker Register does not have guaranteed hours, will be paid for the hours that they undertake on a weekly basis and via the completion of a timesheet.  

Any members who, over the course of time, find themselves undertaking set hours and believe that they should be permanent or employed under a fixed-term contract should speak to the States.  These members could be wrongly classified and could be missing out on entitlements such as annual leave etc.

RCN: Please check your working pattern and if you believe you are on the wrong contract, let the States know.


The letter is unclear as to how terms and conditions will change for each person and whether they may now face a detriment

Answer from States: We want to hear from anyone who believes that their engagement is better suited to a permanent or fixed term contract.  They will know this due to the regular and set hours that they work.

RCN: Please check your working pattern and if you believe you are on the wrong contract, let the States know.


The term ‘casual worker’ undermines your professional role. 

Answer from States: The intention is that the change in title will be that the prefix is dropped (ie a ‘Supply Teacher’ will be ‘Teacher’ ; ‘Bank Nurse’ will be ‘Nurse’).  These workers will be listed on the Casual Worker Register, which is our internal recording mechanism for the over 1000 workers that support the States of Guernsey across multiple different Service Areas. 


The States have asked the members should contact Morgan Tough, as indicated in the letter, to review their personal position.

2025 Pay negotiations 

We will keep you informed about the discussions as they happen - there is nothing significant of note at present.

Pensions update from the joint unions: 

All of the Joint Unions have been in discussions on changes to the States wide pension scheme. This joint unions update is an additional statement from this group for all union members.

A joint union letter to the States can be read here regarding the amendment to the Funding and Investment Plan that may have an impact on your pension.

Job matching/job evaluation

Rather than jobs being marked by the employer alone, the Agenda for Change (A4C) Pay, Terms and Conditions Group (which comprises representatives of the employer and union representatives of Prospect, the RCN, the RCM and Unite) has agreed to reintroduce a joint employer/union panel to ‘match’ A4C jobs. This ‘matching’ process will follow that contained in the NHS Job Evaluation Handbook.

This will mean that any new A4C posts created, or where a job has changed and needs to be reviewed, will be marked by a panel of 4 people.  It is anticipated that this will be two panel members from the employer, made up of HSC staff and HR representatives, and two panel members from a pool of individuals nominated by the unions with A4C Members. The union panel members do not need to be Accredited Representatives but must be nominated by the relevant union.  Preference will be given to those with experience of working in health and social care.  

Two panels will be created, and each will meet approximately once per month. In the event of a jobholder/manager not agreeing with the outcome and requesting a review, the job will be marked afresh by the other panel. The time commitment for each panel member is likely to be about 3 hours a month.  All panel members must be able to commit to two full days of initial online training and thereafter be able to agree the ongoing time commitment of three hours per month with their line manager (as paid facilities time). 

Read the Guernsey Recognition/Facilities agreement

If you are interested, please contact: berkshire.inbox@rcn.org.uk

Read what the RCN did during the General election, what our manifesto said and who signed up to be a nursing champion.