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To. East Midlands Ambulance Trust CEO. (by email and post) |
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| Dear Richard, |
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| PCA, ASC & ECA RE-BANDING – UNISON PROPOSAL
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| Over the past few months UNISON has run an extensive survey throughout EMAS of Patient Care Assistant, Emergency Care Assistant and Ambulance Support Crew roles (hereafter referred to universally as PCA, ASC and ECA for ease). Based on our analysis of the survey results, hundreds of conversations with each cohort, and our own observations of PCA, ECA and ASC working in numerous settings throughout the Trust – and having given due consideration to the new JEG profiles agreed by the NHS Job Evaluation Group (“JEG”) in November 2023 which served to clarify the differences between the profiles – it is clear that Band 2 PCA’s and band 3 ECA and ASC roles at EMAS have been undertaking duties outside of their job description for many years. |
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| The NHS Job Evaluation Handbook defines the difference between Level 2 and Level 3 posts as requiring an “Understanding of a range of work procedures and practices, some of which are non-routine, which require a base level of theoretical knowledge. This is normally acquired through formal training or equivalent experience.” The NHS National Profiles for Patient Transport Services driver and driver higher level have been reviewed and amended. The Ambulance Practitioner formally a band 3 has been reviewed and amended and is now a band 4. |
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| Patient Transport Services PCA |
| As part of their normal duties, Band 2 PCA’s at EMAS are regularly required to undertake a range of duties and activities which would be defined as Band 3 responsibilities as outlined in the new JEG PTS driver profile. Training records, competencies, and records will demonstrate that Band 2 PCAs have been required to undertake these duties for a number of years. |
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| UNISON knows that the PCA role at EMAS has seen significant changes to the role and that these changes were gradual and cumulative, and not adequately reflected in job descriptions. The roles have evolved over time and employees have shown themselves willing to take on additional and more complex tasks, to ensure that the Trust is able to deliver excellent patient care. If Band 2 PCA did not undertake these duties, patient care would be compromised, and further strain would be placed on registered staff. UNISON strongly believes that employees should be properly remunerated for the job they are required to perform. |
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| To that end, UNISON wishes to register a re-grading claim (as covered by the NHS Terms and Conditions of Service Handbook Section 47) regarding the banding of Band 2 PCA posts (PTS driver and PTS patient carer higher level). As stated above, UNISON believes Band 2 PCA have been undertaking duties above their band for a number of years, therefore, in accordance with Chapter 3, Sections 3 & 4, of the NHS Job Evaluation Handbook, our claim should be treated as a ‘changed job’ situation. UNISON believes that Band 2 PCA roles should be re-graded to Band 3 and that, in accordance with the Job Evaluation Handbook (Chapter 3, Section 4.5) any appointment to Band 3 should include an appropriate amount of back pay to reward and recognise all the time Band 2 PCAs have been undertaking band 3 duties. |
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| Ambulance Support Crew and Emergency Care Assistant roles |
| The NHS Job Evaluation Handbook requires both level 3 and level 4 jobs to have an understanding of a range of work procedures and practices. |
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| However the difference between Level 3 and Level 4 posts is the extent to which the procedures and practices are non-routine. Level 4 also applies to jobs requiring knowledge of all the relevant administrative procedures, plus knowledge of how to deal with a range of non-routine activities, such as work allocation, problem solving for a team or area of work, as well as answering queries and progress chasing, developing alternative or additional procedures. |
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| In addition to the above the NHS National Profiles for the Ambulance Practitioner formally a band 3 has been reviewed and amended and is now a band 4. As all ASC and ECA roles are band 3 UNISON strongly believes that employees should be properly remunerated for the job they are required to perform. To that end, UNISON wishes to register a re-grading claim (as covered by the NHS Terms and Conditions of Service Handbook Section 47). |
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| Additional details of the pay and re-banding claim are detailed below: |
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| i. PCA role. The higher of Band 3 unsocial hours enhancement rates (at Band 3 pay) or Band 3 unsocial hours enhancement rates (at Band 3 pay) will apply for purposes of calculating this element of back pay. |
| ii. Where eligible for back pay, calculations will be carried out as if incremental pay progression had applied on a contemporary basis. |
| iii. Calculation of back pay will be based on the employees’ transitional pay journey aligned to Agenda for Change pay awards, pay progression, and pay and grading restructure over the relevant period. |
| iv. As set out in Part 2; Pay, Section 1; paragraphs 1.18 to 1.20 of the Agenda for Change terms and conditions handbook, where re-banding does not result in an immediate increase in earnings, previous salary (basic pay plus any applicable unsocial hour’s payment) will be maintained until the combination of basic pay and any unsocial hours payment in Band 3 does produce a higher salary. |
| vi. Changes to pensionable pay may result in employee and employer contributions being due. Advice should be sought from the NHS BSA to correct employees’ pension record. |
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| Local sign off to confirm Band 3 duties & skills assessment |
| Local sign off to confirm Band 2 PCAs are undertaking Band 3 duties should be adequate in the vast majority of cases. A skills assessment may be necessary in a tiny minority of cases. However, UNISON believes a large-scale skills assessment would be an irresponsible and unnecessary use of Trust funds and employee time. |
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| New PCA |
| PCAs should commence their employment on Band 3. Their progression should not be tied to completion of any probationary period. |
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| It is UNISON’s understanding that Band 3 duties are covered in the PCA induction training and, as such, PCAs are expected to undertake these duties immediately. |
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| Former PCA, ECA and ASC who have moved into a different job within the Trust & Former PCAs who are no longer employed by the Trust. |
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| Individuals who have been employed by the Trust in a PCA, ECA or ASC role from the date when agreement for back pay is reached, or who have changed roles and remain in employment with EMAS should be eligible for back pay based on the same principles as if re-grading had applied to their former role. |
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| Individuals who have been employed by the Trust in an PCA, ECA or ASC role at any point from the date back pay is agreed who are no longer employed by the Trust should also be eligible for back pay. The back pay calculation should be based on the employee’s salary as at the date of termination and in line with the principles laid out above. |
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| PCA Employees Opting to Remain on Band 2 |
| If an employee does not wish to undertake Band 3 activities, there should be the opportunity to ‘opt-out’. In these circumstances, employees should remain as Band 2 PCA working to the agreed NHS job description (PTS patient carer). However, this should not affect their entitlement to back pay. They should still be entitled to back pay in accordance with the principles set out above and depending on how long they have carried out Band 3 duties. |
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| UNISON believes the principles outlined above would constitute an acceptable settlement. We hope we can work together in partnership towards achieving an agreement in line with these principles. We look forward to hearing from you soon. |
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| Yours sincerely, |
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| David Limer |
| UNISON Regional Organiser |
