Continuous Action from 5 December 2022
NIPSA have experienced an increase in members raising work related stress and other serious health issues due to the loss of thousands of jobs over the last number of years. Members’ health and well-being are put at risk due to unacceptable workloads. This is ultimately a direct failure by Health Employers in their duty of care for its staff
As part of NIPSA’s ongoing campaign to defend jobs, pay and terms and conditions it has been agreed to put in place industrial action in the form of action short of strike action as detailed below.
What is action short of strike action?
This is where workers refuse to perform full normal duties and aspects of work as defined by their Trade Union. Specifically the following:
- Only work normal paid hours
- Don’t do unpaid work
- Don’t cover vacant posts (after 5 days)
- Don’t cover long term sick (over 4 weeks) or cover maternity leave
- Take all your normal breaks
Can my manager ask me to do the duties of an unfilled post?
- NIPSA believe Health Service workers are doing everything they can to ensure the public gets a quality service. If a member feels that they are working at full capacity, management may still request they take on additional work but our members have a right to decline to do so until reasonable adjustments are made to their existing workload. Where there is a disagreement regarding the workload then our member should contact a Branch Officer.
- If a member agrees to take on unallocated or higher priority work then it is a requirement of management to ensure our staff members normal workloads are adjusted and reduced accordingly.
If the manager refuses to make these adjustments for the member to carry out these extra duties due to posts being unfilled then, within the terms of Industrial Action our members are entitle to refuse to do so.
What is the Trust Response to posts being unfilled?
The following is not definitive but the employer can
- Appoint a Temporary Worker
- Appoint a Bank Worker
- Allocate additional hours as Overtime or TOIL
- Despite these options, the majority of the time is that the Trust/Employer lets the posts remain unfilled with the work of the individual being added to the work of existing staff with obvious negative results and their goodwill being exploited.
The effects on Members when posts are left unfilled
- Additional stress resulting in deterioration in physical and mental health (professional burnout). This is ultimately a direct failure by the Trust in its duty of care for its staff.
- Leading to an increase in sick leave, having a further ripple effect on already under-resourced staff teams.
- Members being made to feel guilty if they don’t agree to take on additional duties.
Potential effects on the Service when posts are left unfilled
- Services users and families not receiving quality of service caused by added pressures/workloads on staff members.
- Boundaries can become blurred between staff teams resulting in ascertaining who is responsible for particular services/work
- Due to sickness absence caused by stress the Trust may fall short in its statutory requirements for care.
- Industrial Action, our members are entitled to refuse to do so.
Covering Sick Absence
- Whilst NIPSA understands people get sick we have no difficulty with members coverings posts for a short period. However, we ask that members do not cover posts for long term sick leave (Over 4 weeks) or cover maternity leave 5 continual days of sick absence.
Vacant Posts
- There are hundreds of thousands vacant posts within the NHS caused by staff leaving and posts being unfilled.
- NIPSA advise that such posts should not be covered after 5 working days.
Emergency Work
- NIPSA would advise our members in different services within the Trust to cover emergency work in the short–term as we clearly would not wish for a child or vulnerable adult to suffer harm.
Taking Breaks
- Many members work through their lunch breaks or stay late because of high work volumes. We are directing that members observe your breaks and leave exactly on time in accordance with your contract.
- You cannot be disciplined for taking legal Industrial Action – if you are threatened with disciplinary action, contact your Branch immediately.
Members’ should ask for a risk assessment if they are being asked to take on more work and ask management what work they are taking off you to allow you to complete this work.
You can advise your manager that you are being instructed by your Union to follow these instructions under a legally constituted strike and they can also contact the Branch Officials.
Do not continue to cover the widening cracks in our Health and Social Care System and pretend everything is fine – when it is very clearly not!