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the hospital consultant and specialist NHS Staff Council Breakthrough May 2013 views | people | contacts bi-monthly journal of the Hospital Consultants and Specialists Association News: Personal Health Budgets; Building stronger unions 4 Briefing: Local recognition in Wales; Quick Guide to TUPE 6 HCSA: Council reviews NHS changes 8 Right: New president, John Schofield & Professor Ross Welch write Above: HCSA Council

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Page 1: the hospital consultant and specialist - HCSA(SPF) with Department of Health (DoH) representatives the meeting was attended by health unions and received a presentation, giving recap

the hospital consultant and spec ial i st

NHS Staff CouncilBreakthrough

May 2013 views | people | contactsbi-monthly journal of the Hospital Consultants and Specialists Association

News: Personal Health Budgets;Building stronger unions4 Briefing:

Local recognition in Wales;Quick Guide to TUPE6 HCSA:

Council reviews NHSchanges8

Right: New president, John Schofield & Professor Ross Welch write

Above: HCSA Council

Page 2: the hospital consultant and specialist - HCSA(SPF) with Department of Health (DoH) representatives the meeting was attended by health unions and received a presentation, giving recap

editorial

2 | t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t

the hospitalconsultant

and spec ial i stbi monthly magazine ofthe Hospital Consultants and Specialists Association

Editorial: Eddie Saville Nick Wright

01256 [email protected]

www.hcsa.com

Any opinions and viewsexpressed in this

publication are notnecessarily those of theEditor, Publisher, Sponsors

or Advertisers of HCSA News.

Where links take you toother sites, the Editor,

Publisher and Webmastercannot be held

responsible for thecontent of those sites.

HCSA News and relateddevices are protected byregistered copyright.

Layout by [email protected]

©2012 All RightsReserved.

Hospital Consultants &Specialists Association

No reproduction of anymaterial is permitted

without expresspermission of therespective owners.

chief executive’s notes

The HCSA has a new leadership team.At this year’s annual general meeting Dr JohnSchofield was elected as president andProfessor Ross Welch as chair of ourexecutive. They both have the vision andwisdom to lead the HCSA in what are boundto be challenging times for our members. Mythanks to our past president Dr UmeshUdeshi who has been a magnificent president

and leaves a legacy of greater influence, improved services andthe start of the modernisation of the HCSA.

After 65 years in the wilderness of formal NHS engagementand involvement, the HCSA will now take a seat at the NHSStaff Council. The health service unions overwhelminglyendorsed the HCSA’s application for a seat on this key body thatbrings unions and employers together. This complements ourseat at the Social Partnership Forum which we have held formany years. This is a real game-changer in terms of our influenceand presence and we will seek to add strength and unity to thenational staff side. See page 5 for more on how the HCSA isgaining influence.

The defeat in the House of Lords on section 75 of theregulations on competition was a great disappointment. Alongwith our sister unions, professional bodies and the RoyalColleges we lobbied peers and MPs to set out the dangers of there-worded regulations and the potential for increasedprivatisation, sounding the alarm at the impact that it could haveon services and quality. In a lengthy and detailed debate thecoalition government defeated the resolution comfortably. Wewill now have to see how the process will bed-in and wait for thefirst challenges to arise.

The South West Pay Cartel which was set up to reduce payand conditions has been put on the back burner. The efforts of allNHS trade unions, local MPs, local authorities and, importantlythe staff, seems to have paid off. As a result of the nationalagreement reached at the NHS Staff Council a number of trustspulled out of the cartel preferring to negotiate properly with thetrade unions. The HCSA played a key role in this process; it wasour resolution to the national TUC congress in September lastyear that called for resistance to the cartel’s proposals. Whilst wecan celebrate this victory the war on pay and conditions willcontinue and we must remain vigilant.

The Francis report continues to be a major topic ofdebate, and our affiliation to the TUC will give the union theopportunity to meet with the man himself at the end of May. TheTUC are to facilitate the meeting and on behalf of the HCSACouncil I will be raising the issue of the accountability of seniormanagers and proposing that managers at a senior level shouldwork within a similar regulatory system to consultants andspecialists and thus face sanctions if they fail. I will also make thepoint that the criteria when judging trust senior managementteams should not just be targets, KPI’s or financials but onclinical outcomes also.

3 newsNew president, John Schofield writesProfessor Ross Welsh sets the agenda

4 newsPersonal Health BudgetsCampaigning to build stronger unions

5 pay newsTrade union resistance results in cartel collapse HCSA to take its seat on the NHS Staff Council

6 briefingLocal recognition in WalesQuick Guide to TUPE

7 newsDefend the NHSWomen trade unionists oppose regional pay

8 reportHCSA Council reviews NHS changes

9 noticesStatement to Members

10 HCSA contacts

contents

We have received an updateregarding the pay increase applied following the DDRBrecommendations andinformation from the NHS Employers.

We can advise that a 1% increase has beenapplied from 1 April 2013 and that salarieshave been revised accordingly. The mainthreshold points on the consultant salaryscale in England are as follows:

Previously Revised£83,829 point 5 £84,667£89,370 point 6 £90,263£94,911 point 7 £95,860£100,446 point 8 £101,451

These rates should be in payment from 1 April 2013. Further details of all salarylevels can be provided upon request to theOverton office.

April PayIncrease

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opinion

t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t | 3

It is a great honourto be asked to bepresident of theHospitalConsultants andSpecialistsAssociation for thenext three years,and I am delighted

to be taking over this role from DrUmesh Udeshi. Under Umesh’sexpert guidance HCSA has emergedas a strong and resolute associationsupporting hospital doctors andspecialists both individually in theworkplace and collectively in arapidly changing medical landscape.

I am looking forward to working closely withchief executive/general secretary, EddieSaville, the HCSA executive (chaired bynewly appointed Professor Ross Welch), theHCSA Council, our Overton office team andthe highly talented group of HCSA industrialrelations officers in the coming years.

In the light of the Francis report, we needto maintain and develop our core functionsof supporting hospital doctors and specialistsand representing their interests to build aflourishing medical community, and therebyprotecting patients. We endorse the conceptof the duty of candour, and accountabilitywhich needs to encompass all professional

groups including doctors, nurses andmanagers.

The primary focus for us all is, and willremain, the care of the patient. Thedevelopment of the HCSA can only beachieved by us working closely together, andI am committed to ensuring that there is alocal HCSA representative in every hospitalin the UK. If you don’t have a localrepresentative, and would be interested intaking on this role, please contact medirectly or email the Overton office. Ibelieve that it is only by providing a firmstructure of local representatives that ourcouncil and executive can truly have amandate.

Many of our colleagues are not membersof any professional association and don’thave the protection and peace of mind thatmembership brings. Don’t forget thatemployment contracts can be challengingdocuments, and some cash-strapped trustsare under pressure to impose reductions inremuneration through a range of meansincluding punitive job planning. Ourindustrial relations officers have extensiveexperience in guiding members through theprocess of contract negotiation, andsupporting colleagues in difficult job planningsituations. Please take the time to introduceyour colleagues, whether old or new, to theHCSA and let them know about thebenefits of membership.

Our new president, John Schofield, writes

Back in 2000 a colleague told meabout HSCA and I was persuadedto join, since then I’ve been acommitted member, being electedto council in 2007 and also servingon the finance sub-committee. I’mboth honoured and excited to bethe new chairman and to be able tosupport our president in steeringthe organisation through the nextthree years.

I have always been impressed by theservice HCSA are able to deliver at a locallevel and this continued support meansthat our members often choose to staywith us until they retire. I am consciousthat most members, like me, join throughword of mouth, through the advice of

Professor Ross Welch sets the agenda

I still hear people who say “who are theHCSA? – first I’ve heard of them”. In orderto address this, we are working hard onimproving communication and explainingwhy it is important to join. Following theappointment as our head ofcommmunications and web services, JeniferDavis, we are about to embark on a radicalrefresh of our communications strategy andwebsite, so watch this space! We will shortlybe able to allow potential members to joinon line and instantly gain access to benefitsand support, and for the younger (andyoung at heart) members we hope to go‘social’ by launching our Twitter account inthe next few months.

On the broader political front, as a unionaffiliated to the TUC we engage with NHSEmployers on a range of issues and haverecently gained a seat on the NHS StaffCouncil, staff side due to the diligence ofour chief executive/general secretary. This isa real achievement which will allow us torepresent you more effectively at a nationallevel – just look at our three year strategy tosee where our ambitions lie.

I really think that we can make adifference, for the profession and forpatients, but we need to do this together.Please spread the word and promote theHCSA.

John Schofield

colleagues, and this kind of recruitment isexcellent for increasing our membership.

I want to take that excellent localrecognition and build upon it, to give theorganisation greater visibility on a national scale.I am looking forward to seeing HCSAparticipate more widely, at the NHS StaffCouncil and other key forums, so that we canensure that our voice is heard where it matters.

Expanding our membership, increasing localrepresentation and gaining national recognitionare vital to the HCSA’s success. Much work hasbeen done in these areas over the last yearand I am determined, together with theexecutive and council, to continue thatmomentum and make the HCSA a strongerand even more successful organisation.

Ross Welch

About the author: Professor Welchqualified in 1981 from Kings College inLondon and started his first consultantpost in 1994. He is now a consultant inFetomaternal Medicine, working in a largeteaching hospital running a tertiary service.He is also a local RCOG College Tutor andan active researcher.

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news

4 | t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t

Held under the auspices of theNational Social Partnership Forum(SPF) with Department of Health(DoH) representatives themeeting was attended by health unions and received apresentation, giving recap on the background of PHBs.

Whilst these are not directly concernedwith secondary care and HCSA members,one of the results in the control grouppilot study showed that there was areduction in the number of hospitaladmissions.

The DoH said that PHBs are notapplicable for all things, specifically acuteunplanned A & E hospital admissions. Inreality the number of people this will applyto will be very limited – estimated to beno more than 56,000 people nationwide,who are those with NHS continuing careand in particular the higher need group,where the higher benefits may beobtained from having PHBs.

There are issues around the directpayments made to patients and a check toensure that this is being spent onhealthcare purposes (and not on theelectric bill for example).

The government want the regulations inplace by this summer. The NHSCommissioning Board has taken overresponsibility for this from 1 April.

Regarding workforce issues, the mainconcern is that money will be divertedaway from mainstream NHS activities toother service providers.

The role of a ‘Personal Assistant’ will becrucial going forward and in many casesmay be filled by private agencies or thethird sector. There is further thought beinggiven and work to be done on theimplications for TUPE✽ and pay andconditions of current NHS staff.

✽ See our guide to TUPE: Page 6

The TUC’s General Council hastaken the lead to make Britain abetter and fairer place to live andwork with a campaign plan to buildstronger unions, defendemployment rights and support theNHS. On employment rights theTUC campaign will defend workersand union rights and, in particular,expose discrimination.

The TUC says that while trade unions havehelped achieve some advances on familyfriendly rights, rights at work are still underattack. Strong trade unions are a vital part ofany fair and prosperous society. Societieswith weak unions are less fair and moreunequal. Unions and the TUC face a range ofchallenges and need to organise in thecommunity as well as the workplace.Defending living standards and pressing forfair pay will be top of the union negotiatingagenda.

PersonalHealth BudgetsHCSA was represented at ameeting recently to discuss theproposed introduction ofPersonal Health Budgets (PHBs).Ian Smith reports.

Campaigning to build stronger unions

The HCSA – as the only TUC-affiliated trade union in Britain solelyrepresenting consultants and specialists – is to play its part in a newcampaign to strengthen trade unions.

● A key objective of the TUC campaignis to strengthen bargaining andcampaigning. A core role of the TUCis support for unions in their day-to-day work, through training and helpfor officers and local representatives.

● Eddie Saville, who was elected to theTUC General Council last Septemberand plays an active part in its work, istaking the lead in the union’scontribution to the campaign, with aspecial emphasis on strengthening thestructure of local hospitalrepresentatives.

● You can play your part in thiscampaign, go to:www.stopemploymentwrongs.organd www.goingtowork.org forfurther information.

New fees for workers taking cases toemployment tribunals threaten the practicalenforcement of basic rights. Protectionagainst unfair dismissal and redundancy hasbeen reduced. Inequality still exists andstrengthening workers’ voices is key tosecuring a productive and fair economy, saysthe TUC.

HCSA chief executive/general secretaryEddie Saville said: “This campaign is aboutraising awareness and making the case fortrade unions in the workplace. It’s aboutspeaking up and creating a culture thatexpects openness, transparency, respectand dignity. Stronger unions make for betterworkplaces. We know that respect andpartnership are the foundation of positiveengagement between employers andunions. The TUC campaign will put thespotlight on the need for high standards ofcorporate governance and the HCSA willhighlight the issue of senior managementaccountability.”

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news

t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t | 5

Trade union resistance results in cartel collapse

The consortium, and its memberTrusts, have issued statements thatthe work is now complete. Since theconsortium was established nationalnegotiations have progressed and it isnow the view of the employers thatfurther changes to pay, terms andconditions should be taken forwardat national level through propercollective bargaining rather than on a regional basis.

Speaking for the HCSA Ian Smith said “Theending of this body, which was neverformally recognised as an entity with anyvalidity by the trade unions, is very welcome.It is undeniable that the strong co-ordinatedcampaign took many employers in the cartel

by surprise and won much influence andsupport from MPs and local authorities,while even the health minister Dr DanielPoulter described the cartel as heavyhanded.

While we are delighted with this news,this is no time for triumphalism. We still needto be watchful of other networks that existthrough which these or similar proposalsmay resurface in future.”

One factor influencing the formation ofthe cartel was the perception that unionmembership levels were low in the region andthat therefore opposition would be muted.

This has been proved wrong. Theformation of the cartel and its proposalsacted as a powerful recruitment tool formany unions.

The South West Pay Cartel has ceased to exist. The steering group responsible for co-ordinating the work programme has stood down.

PAY

Ian Smith added: “This shows the benefitsof a co-ordinated campaign, of unionsworking together, the importance of strongunion membership and the clear link thatexists between strong unions and fairertreatment. It really does make a difference,so ask a colleague to joins us today.”

HCSA to take its seat on the NHS Staff Council

The HCSA request to join the NHSStaff Council, staff side, was acceptedin March this year when NHS unionsmet to consider the union’s requestthat it should form part of the nationalstaff side. The HCSA case – that itrepresents thousands of consultantsand specialists, holds local recognitionin a number trusts, health boards andin Jersey and is a TUC affiliated unionand as such should be recognised byfellow trade unions – was accepted.The HCSA will be represented at itsfirst meeting on 25 June 2013.

The NHS Staff Council is one of the keyforums where engagement and negotiationstake place between NHS employers and thetrade unions. The recent collapse of the South

West Pay Cartel was a direct result of theintervention of the NHS Staff Council.

The union’s membership of the NHS StaffCouncil sends a strong signal to employers thatthe HCSA is an organisation they can deal withat local level on issues relating to consultantsand specialists. Commenting on thisbreakthrough, chief executive/generalsecretary Eddie Saville said: “Achieving a seatalongside our trade union colleagues on theNHS Staff Council is a massive boost for us.

I hope it will see greater collaborationbetween ourselves and other unions. Workingtogether has to be the best approach as weface the challenges that lie ahead.

We have already received encouragingcomments from the Department of Healthand NHS Employers. It will allow us to workmore closely with the key industrial relations

In a major breakthrough for the association and a sign of its growing influence, the HCSA isto take a seat on the NHS Staff Council alongside all other unions, employers, theDepartment of Health and the devolved governments.

leaders across the NHS and will give ourmembers far more exposure to nationalnegotiations. In a nutshell this is a gamechanger for the HCSA that will open doors towider participation and greater presence.

We will also bring unity to the NHS StaffCouncil. Our membership now ensures thatall trade unions in the NHS will be workingtogether for the good of the entireworkforce. We have much to offer our tradeunion colleagues, and as the only union thatsolely represents the interests of medicalconsultants and specialists we will bring ourunique skills to the table. On the 25 Junewhen I take our seat at the NHS Staff Council,it will be a great moment for our union, butmore importantly for our members. This isreal progress and there has never been abetter time to join the HCSA.”

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TUPE

TUPE

TUPE

briefing

6 | t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t

A central part of HCSA’s strategicplan is to gain more influence inworkplaces. The HCSA already hasrecognition in many trusts and mostrecently has strengthened itsrecognition rights at Cardiff andVale University Health Board – one of the UK’s largest NHSemployers – with a new localrepresentative in place.

In fact we have always had recognition atCardiff, however the local representative

Joe Chattin discusses the key importance of local recognition

HCSA and Welsh Health Board agree local recognition

by a trade union representative in discussionswith employers on such matters.

The importance of formal local recognitionis that HCSA is accepted as an active partnerin the formation of trust /health board policiesand the procedures which apply to members.We are then able to actively influence theethos of the workplace and the procedureswhich govern how issues are viewed andhandled. Importantly, it lets the HCSA put itsown stamp on the future direction of thatemployer’s employment practices.

Locally recognised unions are not onlyinvited to discuss management’s proposalsfor the development and renewal of policiesand procedures but are involved in the earlystages of any new proposals. Local formalrecognition allows HCSA representativesand our council members to benefit fromtime off with pay to attend HCSA trainingprogrammes and important conferences,which, in turn, helps them to carry out theirroles in an informed and confident way.

Local recognition magnifies theengagement and influence which the HCSAcan exert in representing and advancing theinterests of members. Gaining andmaintaining local recognition of HCSA bytrust and health boards thus has manifoldbenefits for members.

At local level many HCSA activists areestablished as elected members of localnegotiating committees. Our intention is tostrengthen our support for their role andfurther develop our network of localrepresentatives with the formal localrecognition of HCSA in those trusts andhealth boards where this does not alreadyexist. To do this the union needs moremembers to come forward as localrepresentatives. The message is clear - theHCSA has local recognition, it is the only TUCunion that solely represents the interests ofconsultants and specialists.

The Transfer of Undertakings(Protection of Employment) Regulations(TUPE) aims to protect the rights ofemployees when businesses changehands. It is a complex piece of legislationthat has tested the courtrooms for manyyears and is still doing so. This briefsummary highlights the key areas.

Rights of Employees. Any individualemployed in the ‘organised grouping’before the transfer automaticallytransfers with the business, or contract.Under TUPE reg. 4 all terms andconditions transfer except those relatingto retirement benefits.

NB. Public sector pension provisionsgo beyond retirement benefits, e.g.redundancy payment rights, and thesedo transfer. The new employer cannotchange terms and conditions because ofthe transfer, for example to harmoniseconditions across the workforce.However, changes can be made if thereis ‘an economic, technical ororganisational reason entailing changes inthe workforce’ (The ETO clause).

Duty to inform and consult. Underregulation 15, both the old and the newemployers must inform and consult therepresentatives of ‘affected employees.’They must explain why the transfer istaking place, when it will take place, whatthe legal, economic or social implicationsare and what actions the employer mighttake in relation to the transfer. Theemployer must allow trade union access

Quick Guide to TUPEto affected employees and providefacilities for consultation. If a tribunalfinds that an employer has failed toconsult it will issue a declaration and canalso make an award of up to 13 weekswages for affected employees.

Dismissal because of a relevanttransfer. It is automatically unfair unlessthere is an ETO reason justifyingdismissal. If an employee refuses totransfer the contract is terminated butthere is no dismissal. However, if thetransfer involved a ‘substantial change’for the worse to the employees’ workingconditions they could potentially claimconstructive dismissal.

What should I do if TUPE is onthe horizon in my Trust? Wheneverthere are proposals to transfer abusiness, or a contract, members shouldseek information on changes affectingthe workforce at the earliestopportunity. Talk to your local HCSArep or contact headquarters. Where anemployer intends to make changes,relying on the ETO exemption,members should contact the local IROfor further advice. Whatever thesituation, whatever your employer says,TUPE is not an issue that can be sortedout without the advice of union. It’s aphone call that could prove veryimportant.

● For more details on TUPE contactheadquarters on 01256 771777.

position became vacant and the engagementand influence which comes with this wasunfulfilled. This raises important points aboutthe nature of local trust/health boardrecognition and how important it is for theunion to have a representative in everyhospital.

Through an energetic use of employmentlaw the HCSA has had great success inrepresenting its individual members in jobplanning, contract, grievance and disciplinaryprocedures. The statutory framework allowsfor individual employees to be accompanied

Thinknational, act local

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news

the early 19th Century, the Peoples Charterfocusses on economic improvement ratherthan the democratic franchise. A fairereconomy, more housing, and a secure andsustainable economic future are at the coreof the Charter. The conference voted interalia that affiliated unions should includeinformation about the Peoples Charter incommunications with members.

The conference debated the feminisationof the recession and its impact on women ofthe changes to the tax and spending policiesof government. Evidence shows that presentpolicies are having a disproportionate impacton women. Two thirds of the savings madefrom changes to the tax and welfare systemhave been paid for by women. Women’searnings are vital to the income of familiesand increasing numbers of children go toschool hungry. Unemployment amongwomen is at a 24-year high. The conferencevoted to support unions and other groupsworking to monitor, highlight and publicisegrowing inequalities.

The address to conference by FrancesO’Grady, TUC general secretary, capturedthe challenges facing unions from theeconomic recession. She argued that theNHS’s privatisation should be stopped:“Trade unions remain a force for socialjustice in society and the work of unionsmust continue. Unions are the key forcefighting to secure a living wage and with itthe relief from poverty in work” she said.

Northern TUC secretary Kevin Rowanoutlined the regional situation with 50,000public sector jobs lost but no correspondingincrease in private sector employment. Thefall in real wages experienced in the NorthEast has been £1200 per annum since 2010and in Cumbria £1800 per annum.

Women have borne the brunt of joblosses with 40% female unemployment in theregion he said and noted the ‘union paypremium’ which averaged around 18% extraacross the board and argued for unions tofocus on the recruitment of young people.

● http://www.thepeoplescharter.org● http://www.tuc.org.uk/tuc/regions_info

_northern.cfm

Women trade unionistsoppose regional pay

There were supporting speechesfrom the teaching unions and UNITE.

Women trade unionists were meetingagainst a background of cuts and austerityand heard from Leslie Mercer of the CSP,the current TUC president; ClaireCourteille, director of equalities at theInternational Trade Union Congress andFrances O’Grady who is the first womangeneral secretary of the TUC.

The union was represented for the firsttime at the TUC Women’s Conference.Regional officer Annette Mansell-Greenspoke in the debates on violence againstwomen and women and mental health,stressing alarm at the removal of protection

from third party harassment and bullyingfrom the Equality Act.

Annette Mansell Green said: “This is aserious issue and the government has a dutyto protect our members, who should notfeel vulnerable . We called for lobbying andcampaigning to protect mental healthservices, particularly child and adolescentmental health services and women’s services.

Both Frances O’Grady and Lesley Mercershowed their continued support for theNHS with Frances calling for an end to theprivatisation of the NHS in its 65th year.

● The text of the regional pay motion canbe found in the last issue of HCSA News.

Delegates to the 2013 TUC Women’s Conference gaveunanimous support to an HCSA motion – backed by The Chartered Society of Physiotherapists (CSP) – warning againstthe disproportionate impact on women of regional pay in thepublic sector and the damage it could inflict on local economies.

WOMENS TUC

Defend the NHSTrade unionists in the North ofEngland have voted to step up thecampaign to defend standards andjobs in the NHS and increase publicawareness of the impact of healthservice reforms as these effect localcommunities.

Delegates to the Northern TUC in Aprildebated the potential for destabilisation ofthe NHS as the changes brought about bythe Health and Social Care Act replacepublicly provided service delivery withprivate corporate providers. The conferencehighlighted the clear impact on the quality ofpatient services and universal standards asshown by the performance of recentlyprivatised Out of Hours Services.

Over one hundred delegates from unionsand local trades councils debated the pitfallsin the formation – by workers in publicservices – of mutual social enterpriseorganisations aiming to bid for tendered-out

services. This widely promoted option, seenas a means of workers securing the right todeliver services against corporate interests,holds within it the serious risk thatemployees could lose employment rightsagainst their employer should the bid fail. Italso encourages the ‘market place’ in publicservices provision. Successful bids wouldinexorably require lower rates of pay andterms of service since the purpose oftendering exercises is to secure lower costproviders. The conference voted to highlightthe risks as well as benefits of public sectormutual organisations so that informeddecisions are made about the provision ofpublic sector services.

On the economy, the Northern TUCwelcomed the launch of the Peoples Charter.The Charter –which has the support of thenational TUC as well as the Women’s, Welshand Scottish TUCs calls for more jobs, skillsand support for industry and public services.With echoes of the Chartist movement of

Joe Chattin reports on the Northern TUC conference

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HCSA council report

8 | t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t

Keynote speaker at the SpringHCSA council meeting in April wasDean Royles, chief executive of theNHS Employers organisation. Alively question-and-answer sessionfollowed his presentation whichfocussed on NHS finances, theFrancis report and thereconfiguration of services. Avigorous debate followed with sevenday working a repeated concernraised by council members present.

Managerial responsibility, clinical commissioning groups, union organisation and pay featured at the union’s Spring council

In his final address before stepping down atthe end of his term of office as HCSApresident, Dr Umesh Udeshi dealt with thedevelopment of the first phase of clinicalcommissioning groups, and the impact ofcompetitive tendering for services. He alsodetailed the work that had been carried outon the HCSA’s own internal processes andprocedures.

Dr John Schofield now takes over aspresident while council agreed that ProfessorRoss Welch now becomes the chairman ofthe executive.

Council recognised that the HCSAconstitution was becoming out-of-date and is

insufficiently detailed. A sub group ofnominees from the executive committee andcouncil was proposed to draft a revisedconstitution to be put to the Octobercouncil meeting.

The news, reported by generalsecretary/chief executive Eddie Saville, thatthe union had been granted a seat on theNHS Staff Council was welcomed as asignificant achievement for HCSA.

In a separate debate on the Francis reportinto the failings at Mid Staffs hospital,discussion centred on the accountability ofmanagers. It was felt strongly that theyshould be subject to the same regulatoryrigours and checks as doctors and that suchregulatory bodies should have the samepower of sanction on managers as does theGMC for doctors.

In the context of the widely-heldperception that failing managers canreappear in another trust, the view wasexpressed that these should include thepower to strike-off and prevent continuedpractice.

It was felt that there had been an over-reliance on purely financial information whenjudging targets/KPIs. This was especially trueat Mid Staffs, but also featured in othertrusts. The criteria for judging theperformance of trust managements shouldnot be purely financial, but should also takeaccount of clinical outcomes.

A detailed update was given on thedisbanding of the South West Pay Cartel witha warning of the need to be aware that asteering group remained in existence and thatmonitoring progress on the national Agendafor Change should continue. An update wasalso given on the DDRB proposals for

Council reviews NHS changes

HCSA council members listen to Dean Royles,chief executive of the NHS Employers organisation

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notices

Statement to Memberswe have formed.

Respective responsibilities of the ExecutiveCommittee and auditors As explained more fully in the Statement of theExecutive Committee’s Responsibilities, the ExecutiveCommittee is responsible for the preparation of thefinancial statements and for being satisfied that theygive a true and fair view. Our responsibility is to auditand express an opinion on the financial statements inaccordance with applicable law and InternationalStandards on Auditing (UK and Ireland). Thosestandards require us to comply with the AuditingPractices Board’s Ethical Standards for Auditors.

Scope of the audit of the financial statements An audit involves obtaining evidence about theamounts and disclosures in the financial statementssufficient to give reasonable assurance that thefinancial statements are free from materialmisstatement, whether caused by fraud or error.This includes an assessment of: whether theaccounting policies are appropriate to theassociation’s circumstances and have beenconsistently applied and adequately disclosed; thereasonableness of significant accounting estimatesmade by the trustees; and the overall presentation ofthe financial statements. In addition, we read all thefinancial and non-financial information in the financialstatements to identify material inconsistencies withthe audited financial statements. If we become awareof any apparent material misstatements orinconsistencies we consider the implications for ourreport.

Opinion on financial statements In our opinion the financial statements - give a true and fair view of the state of the

association’s affairs as at 30th September 2012 andof its surplus for the year then ended;

- have been properly prepared in accordance withUnited Kingdom Generally Accepted AccountingPractice applicable to Smaller Entities; and

- have been prepared to meet the requirements ofthe Trade Union and Labour Relations(Consolidation) Act 1992.

Opinion on report of the Executive CommitteeIn our opinion the information given in the Report ofthe Executive Committee for the financial year forwhich the financial statements are prepared isconsistent with the financial statements.

Matters on which we are required to report byexceptionWe have nothing to report in respect of thefollowing matters where we are required to reportto you if, in our opinion:- adequate accounting records have not been kept, or

returns adequate for our audit have not beenreceived from branches not visited by us; or

- the financial statements are not in agreement withthe accounting records and returns; or

- we have not received all the information andexplanations we require for our audit.

A C D Lang FCA, Senior Statutory AuditorSandison Lang & Co, 2 St Mary’s Road, Tonbridge,Kent TN9 2LB

Hospital Consultants and SpecialistsAssociationSTATEMENT TO MEMBERS ISSUED INCONNECTION WITH THE UNION’S ANNUALRETURN FOR PERIOD ENDED SEPTEMBER30TH 2012 AS REQUIRED BY SECTION 32A OFTRADE UNION AND LABOUR RELATIONS(CONSOLIDATION) ACT 1992

Income and ExpenditureThe total income of the union for the period was£664,925. This amount included payments of£662,988 in respect of membership of the union.The union’s total expenditure for the period was£781,221. The union does not maintain a politicalfund.

Salary paid to and other benefits provided to theGeneral Secretary, President and members of theExecutiveThe General Secretary of the union was paid£79,083 in respect of salary and £9,205 in respect ofbenefits.*

Irregularity statementA member who is concerned that some irregularitymay be occurring, or have occurred, in the conductof the financial affairs of the union may take stepswith a view to investigating further, obtainingclarification and, if necessary, securing regularisationof that conduct.

The member may raise any such concern withsuch one or more of the following as it seemsappropriate to raise it with: the officials of the union,the trustees of the property of the union, theauditor or auditors of the union, the CertificationOfficer (who is an independent officer appointed bythe Secretary of State) and the police.

Where a member believes that the financial affairsof the union have been or are being conducted inbreach of the law or in breach of the rules of theunion and contemplates bringing civil proceedingsagainst the union or responsible officials or trustees,he should consider obtaining independent legaladvice.

Auditor’s reportWe have audited the financial statements of theHospital Consultants & Specialists Association for theyear ended 30th September 2012. The financialreporting framework that has been applied in theirpreparation is applicable law and the Financial

Reporting Standard for Smaller Entities (effectiveApril 2008) (United Kingdom Generally AcceptedAccounting Practice applicable to Smaller Entities).This report is made solely to the association’smembers, as a body, in accordance with applicable law.

* Footnote: Total paid to two people holding officeas general secretary within the period and is notthe sum paid to one individual.

Our audit work has been undertaken so that wemight state to the association’s members thosematters we are required to state to them in a Reportof the Auditors and for no other purpose. To thefullest extent permitted by law, we do not accept orassume responsibility to anyone other than theassociation and the association’s members as a body,for our audit work, for this report, or for the opinions

consultants’ pay and CEAs, the discussions forwhich were still to get off the ground.

Jenifer Davis, the union’s newly appointedhead of communications and web services.gave a report on progress with thecommunications strategy. This rollingprogramme includes a refresh of thewebsite, a new member joining pack andincreased support and information for ourrepresentatives.

It was reported that more than 60 HCSArepresentatives had now been appointed andrecruited in trusts around the country.

Council also agreed unanimously to awardFellowship of the Association to Dr ThomasGoodfellow in recognition of his valued workon behalf of the HCSA.

The meeting took place on 26 April in theexcellent setting of the teachers’ unionNASUWT at its well equipped conferencecentre on the outskirts of Birmingham.Following an excellent meeting all leftBirmingham with a renewed vigour to makeHCSA even more successful in the future.

In the context of the widely-held perception that

failing managers can reappearin another trust, the view was

expressed that these shouldinclude the power to strike-off and prevent

continued practice

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Executive Committee

President Dr. John Schofield Chairman of Executive Professor Ross WelchImmediate Past President Dr. Umesh UdeshiHonorary Treasurer Dr. Mukhlis MadlomHonorary Secretary Mr. Gervase DawidekHonorary Secretary Dr. Bernhard HeidemannHonorary Secretary Dr. Cindy HorstHonorary Secretary Dr. Ross WelchHonorary Secretary Dr. Claudia PaoloniChairman – Ed & Stan S-C Prof. Amr MohsenIndependent Healthcare Mr. Christopher Khoo

Education & Standards Sub-CommitteeChairman - Professor A MohsenDr. Mukhlis Madlom Dr. C MorganMr. Olanrewaju Sorinola Dr. Bernhard Heidemann Dr. Umesh Udeshi Dr. Bernard ChangDr. Hiten Mehta Mr. Christopher WelchDr. T Goodfellow Dr. S Ariyanayagam

Finance Sub-CommitteeChairman Dr. M.M. MadlomMr. M.J. Kelly [Trustee] Dr. U. UdeshiMr. R.M.D. Tranter [Trustee] Dr. J. SchofieldDr. R. Loveday [Trustee]

HCSA Officers and StaffGeneral Secretary/Chief Executive Mr. Eddie Saville [email protected] Manager, Northern Region Mr. Joe Chattin [email protected] Manager Mrs. Sharon White [email protected], Advisory Service Mr. Ian Smith [email protected] Secretary Mrs. Brenda Loosley [email protected] Regional Officer Mrs. Annette Mansell-Green [email protected] Services Adviser Mrs. Gail Savage [email protected] of Communications and Web ServicesMrs. Jenifer Davis [email protected]

Office Telephone: 01256 771777 Facsimile: 01256 770999E-mail: [email protected]

North East Strategic Health Authority Dr. Paul D. Cooper, MRCA [email protected]. Rotimi Jaiyesimi, FRCOG LL.M (Medical Law) [email protected]. Olamide Olukoga, FFARCSI [email protected]

North West Strategic Health Authority Dr. Magdy Y. Aglan, FFARCSI FRCA [email protected]. Syed V. Ahmed, FRCP [email protected]. Ahmed Sadiq, MRCOphth FRCS [email protected]. Augustine T-M. Tang, FRCS [email protected] - Mr. Shuaib M. Chaudhary, FRCOphth FRCS [email protected]

Yorkshire and The Humber Strategic Health Authority Dr. Mukhlis Madlom, FRCPCH FRCP [email protected] Professor Amr Mohsen, FRCS(T&O) PhD [email protected] Mr. Peter Moore, MD FRCS [email protected] Dr John West [email protected]

East Midlands Strategic Health Authority Dr. Cindy Horst, MB ChB DA FRCA [email protected]. Mujahid Kamal, MRCP FRCR [email protected]. Gorajala Vijayasimhulu, FRCR [email protected]

West Midlands Strategic Health Authority Dr. A.R. Markos, FRCOG FRCP [email protected]. Pijush Ray, FRCP [email protected]. Olanrewaju Sorinola, MRCOG [email protected]. Umesh Udeshi, FRCR [email protected]

East of England Strategic Health Authority Mr. Andrew Murray, FRCS [email protected]

London Strategic Health Authority Mr. Gervase Dawidek, FRCS FRCOphth [email protected]. Andrew Ezsias, FDS RCS FRCS [email protected]

South East Coast Strategic Health Authority Dr. Paul Donaldson, FRCPath [email protected]. John Schofield, FRCPath [email protected]. Sriramulu Tharakaram, FRCP [email protected]

South Central Strategic Health Authority Mr. Callum Clark, FRCS(Tr&Orth) [email protected]. Paul A. Johnson, FRCS, FDSRCS [email protected]. Christopher Khoo, FRCS [email protected] Dr. Sucheta Iyengar, MRCOG [email protected]

South West Strategic Health Authority Dr. Claudia C.E. Paoloni, FRCA [email protected] Michael Y.K. Wee, FRCA [email protected] Ross Welch, FRCOG [email protected]. Subramanian Narayanan, MRCOG [email protected]

Wales Mr. Simon Hodder, FDS FRCS [email protected]

Scotland Dr. Bernhard Heidemann, FRCA [email protected]. Sean Laverick, FDS FRCS [email protected] - Dr. David Watson, FRCA, DipHIC [email protected] [email protected]

Northern Ireland Dr. William Loan, FRCS FRCR [email protected]

Specialist Registrar National Representative Vacancy

Non-Consultant Career Grade National Representative Mr Anthony Victor Babu Bathula, MS; DNB; FRCS; Dip Lap Surg; MBA (Health Executive) [email protected]

HCSA contacts

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t h e h o s p i t a l c o n s u l t a n t & s p e c i a l i s t | 11

join the union

Hospital Consultants & Specialists Association

Number One, Kingsclere Road, Overton, Basingstoke, Hampshire, RG25 3JATel: 01256 771777 Fax: 01256 770999 e-mail: [email protected] website: www.hcsa.com

Membership Application 2013/14Title Surname

Forenames

Male/Female Qualifications GMC No

Speciality Year Qualified Year of Birth

Main Hospital

Preferred Mailing Address

Post Code E-Mail

Contact Telephone Number

Grade: Consultant a

Associate Specialist a Please tick as appropriate Specialist Registrar Within two years of CCT a

Staff Grade/Trust Speciality Doctor a

Signature Date

IMPORTANT Please NoteWe are not normally in a position to provide personal representation over issues that have arisen prior to joiningthe HCSA.

Please DO NOT fax or e-mail this application form - we need an original signature on the Direct Debit Mandatefor your bank to authorise payments.

Current Subscription RatesAnnual - £210 per annum commencing 1 October 2012(pro rata for first year of membership)Monthly - £18.25 per month Please tick preferred payment choice

Please complete the Direct Debit Mandate overleaf and send it to the Overton Office address above.

Introduced by (If applicable)

a

a

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HCSAI Kingslere RoadOvertonBASINGSTOKEHampshire RG25 3JA

TheDirect DebitGuarantee

l This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.l If there are any changes to the amount, date or frequency of your Direct Debit. The Hospital Consultants and Specialists Association

will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request The Hospital Consultants and Specialists Association to collect a payment, confirmation of the amount and date will be given to you at the time of the request.

l If an error is made in the payment of your Direct Debit, by The Hospital Consultants and Specialists Association or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.

l If you receive a refund you are not entitled to, you must pay it back when The Hospital Consultants and Specialists Association asks you to.l You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required.

Please also notify us.

Instruction to your bank or building societyto pay by Direct Debit

Instructions to your bank or building society

Please pay The Hospital Consultants and SpecialistsAssociation direct debits from the account detailed in thisinstruction subject to the safeguards assured by the directdebit guarantee. I understand that this instruction may remainwith The Hospital Consultants and SpecialistsAssociation and, if so, details will be passed electronicallyto my bank or building society.

9 9 7 5 7 2Name(s) of account holders Payment reference (To be completed by HCSA)

Bank/Building society account number

Branch sort code

Name and full postal address of your bank or building societyTo the manager Bank or building society

Address

Post code

Signature(s)

Date

Please fill in the whole form using a ball point pen

Banks and building societies may not accept Direct Debit instructions for some types of accounts

Detatch H

ere

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direct debit form