1 NHS GRAMPIAN North of Scotland – Memorandum of Understanding 1

Board Meeting 02 08 18 Open Session NHS GRAMPIAN Item 10 North of Scotland – Memorandum of Understanding 1. Actions Recommended The Board is asked to: Consider the initial Memorandum of Understanding (MOU) document in relation to staff working across the North of Scotland (NoS) Health Boards. Delegate authority to the Chief Executive/Acting Chief Executive to sign off the MOU. 2. Strategic Context This report contributes to the North of Scotland (NoS) Regional Development Plan and NoS Workforce Programme Objectives. 3. Key matters relevant to recommendation The NoS Chief Executives’ meeting in February 2018 agreed, in principle, to support the development of an MOU (Appendix 1) to support staff to deliver services across NHS Board boundaries in the North of Scotland. This requirement was highlighted during the engagement related to the preparation of the North of Scotland Health and Social Care Delivery Plan, given the need to provide mutual support for services across the North, and the benefits associated with clinicians participating in regional clinical networks. When the Board considered this proposal at its meeting on 26th June 2018, the Board sought further information until clarity was sought regarding the penultimate paragraph in the Principles section. This paragraph reads: “In order to facilitate ease of staff working across the North of Scotland Boards in the future, the Partners intend that future employees are appointed on a contract of employment which includes regional working across the North of Scotland Boards as a requirement of their role.” There was concern that the intention would be to apply this to all staff contracts and be used to facilitate movement of large groups of staff to other Boards. This is not the intention. The intention is to allow those staff who require to work regionally, or in support of other Boards, the ability to do so without some of the unnecessary bureaucracy that they currently face and have access to clinical and other systems. All Executives and Senior Mangers already have a provision in their contract regarding national and regional working, but this not in place for other staff. 1 As highlighted in the paper, in each circumstance the service covered will be described and agreed, both with the employees and by the participating organisations. However, once this is an agreed service, this will require to be reflected in the contracts of new staff, who are subsequently appointed to such a service model. This will be key in delivering the shared services agenda and other major aspects of the transformation agenda. This is also emerging as a national priority, with a move towards NHS Scotland working as a single entity, reducing the differences between Boards. This proposal was a key pillar of the transformation required to deliver both regionally and nationally and allow staff to access systems and be treated as employees when delivering services in other Boards. It has been discussed with the Employee Directors across the North and was supported in principle. 4. Risk Mitigation Approval of the MOU will mitigate the potential risks relating to strategic risk 859 - Sustaining access to professional clinical staff in Grampian and strategic risk 1134 - Sustainable Workforce (Skills and Numbers). 5. Responsible Executive Director and contact for further information If you require any further information in advance of the Board meeting please contact: Responsible Executive Director Dr Annie Ingram Strategic Director of Workforce 25 July 2018 2 Appendix 1 MEMORANDUM of UNDERSTANDING NORTH Between NHS Grampian, NHS Highland, NHS Orkney, NHS Shetland, NHS Tayside and NHS Western Isles (known as “North of Scotland Boards”) to facilitate single system working This Memorandum of Understanding (“MOU”) sets the terms of understanding between NHS Grampian, NHS Highland, NHS Orkney, NHS Shetland, NHS Tayside and NHS Western Isles (“the Partners”) in relation to staff working across the North of Scotland (NoS) Health Boards. This MOU will act as an interim arrangement between the Partners pending review of alternative national arrangements. This MOU is designed to facilitate mobile working by staff across the North of Scotland Boards, facilitating staff from one of the North of Scotland Boards to work in, or provide services for, any other of the North of Scotland Boards. The Partners agree that the free movement of certain staff will be required for the delivery of a sustainable and resilient service across the North of Scotland Boards. The free movement of these staff is intended to facilitate effective regional working, allowing staff from one of the North of Scotland Boards to have access to the required systems and information held by another North of Scotland Board in order to provide services on behalf of that Board. This MOU sets out the agreement of the Partners and the underpinning principles by which free movement of certain staff will be achieved. Principles Where specific services need to be provided across two or more of the North of Scotland Boards, the Partners will agree the scope of the shared responsibilities and ensure that the requirements are appropriately risk assessed so that the impact on staff and services is fully understood and agreed. Staff will be fully involved and engaged in the process of any required service redesign and a Service Level Agreement (“SLA”) will be agreed that clearly specifies the working requirements and the manner in which services will be shared. Any such SLA will specify the liabilities of the Partners and their responsibilities to staff within the redesigned service. The SLA will also ensure that the staff and their appropriate line managers are made fully aware of the requirements of the redesigned service. The Partners agree that there will be no change to staff members’ employment status. Partners will cooperate in respect of redeployment of staff who work regionally. In order to facilitate ease of staff working across the North of Scotland Boards in the future, the Partners intend that future employees are appointed on a contract of employment which includes regional working across the North of Scotland Boards as a requirement of their role. The Partners agree that this MOU is not a commitment of funds. Duration This MOU shall become effective upon signature by the authorised officials from the North of Scotland Boards and will remain in effect until the national recommendations are reviewed by the Partners and alternative arrangements are agreed. The Health Boards, undersigned are each constituted under the National Health Service (Scotland) Act 1978 (together the “parties”, individually a “party”) and therefore agree: NHS Grampian NHS Highland Malcolm Wright Elaine Mead Chief Executive Chief Executive Date Date: NHS Orkney NHS Shetland Gerry O’Brien Ralph Roberts Interim Chief Executive Chief Executive Date Date NHS Tayside NHS Western Isles Malcolm Wright Gordon Jamieson Chief Executive Chief Executive Date Date June 2018 4 .

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