That is false. The Trust can afford this. They are just choosing to approach their budgeting in the wrong way. They have been writing their budgets incorrectly and continue to do so. They are designing their budgets based on paying staff the incorrect amount of money, then funding other projects and costs, then saying there is none left for their lowest paid staff.

To do their budgeting properly, they need to start by first allocating the full money these staff are owed - including the back-pay - then see what money remains for other costs and projects.

They need to go and re-write their budgets – this is their responsibility, this is why CEO’s get highly paid, to resolve these problems rather than deprive their lowest paid staff of what they’re owed.

The Trust has saved huge amounts of money by underpaying HCAs for decades.

The Trust is struggling to recruit and retain HCAs because of low pay and is spending money on agency staff/top salaries rather than retaining vital staff.

HCAs earned and owed it, why are HCAs at our trust worth less than other NHS Trusts?

UNISON believe HCAs here at Royal Devon should be paid In line with other collective agreements e.g., The Royal Cornwall Hospitals Trust, Livewell South West, Bristol, Manchester Foundation Trust, Stockport Trust, Tameside Trust, Northern Care Alliance Trust, Wigan Wrightington & Leigh Trust, East Cheshire Trust, Mid Cheshire Trust and most recently seen in Bedfordshire.

This is potentially thousands of pounds owed to our HCA members, here is an extract from the Bristol Agreement to demonstrate:

Workers with over four years’ service received £4,000 backpay
Workers with two to four years’ service received £3,000
and those with less than two years’ service received £2,000.

UNISON have identified that, over time, the work of Band 2 HCAs/HCSWs has evolved to incorporate elements of clinical care to the extent that it is necessary the trust to address the issue and pay the correct banding fairly across the board and pay backpay owed. 

In August 2021, there were national profiles issued that clarified the roles and responsibilities for Band 2 and Band 3 HCA/HCSW. The guidance is clear that clinical care tasks, such as recording patient observations, simple wound dressings (etc), fall within the Band 3 role.

As set out above, roles develop over time and need to be reviewed regularly to ensure job descriptions are kept up to date. We know that in some cases this hasn’t happened since the job

was first evaluated, sometimes as far back as 2006. The trust should have reviewed in line with JES standards.

We need fair upbanding across Royal Devon hospitals for all workers performing the HCA job role.

No, HCSW roles have been reviewed in several other Trusts across the South-West and nationally, mostly in response to local campaigns being run by UNISON.

UNISON have believed that all band 2 HCA/MSWs workers on NHSP as bank workers should be be automatically given a band 3 HCA/MSW assignment to enable them to take shifts as a band 2 or band 3 HCA/MSW dependant on service request and need on a shift-by-shift basis.

Yes. No one will lose their job or be downgraded. No-one will be moved or asked to undertake a role that they are not comfortable with.

If they are working at band three level, they should be paid fairly for the work they do.

Most Band 2s are performing at least 1 clinical duty, and most are performing 3 or more. 

The trust have been working HCAs at band 3 so they are owed that money regardless of whether they wish to continue as a Band 3 or remain at the Band 2 level they were employed at and just do Band 2 tasks.

Agenda for Change role profiles clear – band 2 should only perform personal care duties. To be a band 3 an HCA does not need to perform every band 3 clinical duty – just one. 

This is also in line with other collective agreements where an HCA only needed to do 1 clinical duty to qualify.

HCAs at Royal Devon are not worth less than staff at other trusts doing the exact same job.

If an employer is asking staff to work at band 3 then they need to pay band 3 wages to all affected not just some of those affected. Our members cannot accept working above their band for free and they should receive appropriate backpay.

Most HCAs have been doing patient observations and clinical duties for more than two years, in some cases many more years than that. Therefore, the two year pay step to get to the top of band 3 would already have been met.

UNISON’s position is that it is important ensure all our members are moved from band 2to the top of band 3 to avoid them potentially being at detriment.

The gap between band 2 and the bottom of band 3 is small. This gap is further eroded if HCAs undertake a high level of unsocial hours which are at a lower percentage in band 3 than they are in band 2 – a point that UNISON made in their evidence to the 2021/22 Pay Review Body.

The NHS Staff Council gave helpful guidance on the interaction between promotion and unsocial hours: To ensure staff affected by this do not face a financial detriment where their working pattern remains substantially the same in their new role:

1.18 On promotion the new starting salary (made up of basic pay and any unsocial hours payment and/or any long-term recruitment and retention premium (RRP) should produce an increase in earnings. If it does not, the previous salary (basic pay plus any applicable unsocial hours payment and/or long-term RRP) will be maintained until the combination of basic pay, any unsocial hours payment and/or RRP in the new band does produce a higher salary.

Annex 23, 1.18 to 1.20 (Section 1, England) of the NHS Terms and Conditions.