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Update to COVID-19 terms and conditions: Joint letter to all colleagues from the Trust and Staff Side

July 22, 2022

On 21 February, the government set out their plans for living with COVID-19 which saw the withdrawal of legislation restricting public freedoms.

On 13 April 2022 the Department of Health and Social Care (DHSC) wrote to the joint chairs of the NHS Staff Council setting out their intention to withdraw the staff terms and conditions section of the COVID-19 workforce guidance. The Staff Council co-chairs received confirmation from the DHSC on 29 June 2022 outlining the timeline to withdraw the guidance.

The withdrawal of the guidance will see a return to normal contractual arrangements for staff and includes the removal of:

a.    COVID-19 sick pay (full pay) for COVID-19 related sickness absences; and
b.    COVID-19 special leave (full pay) for self-isolation

All remaining temporary enhancements within the guidance ended on 7 July 2022

Managing infection control

  • From 7 July 2022 the Trust started to  follow infection control guidelines set out by the UK Health Protection Agency(UKHSA), for all healthcare staff. This includes staff who test positive for COVID-19 and those who are required to stay away from their workplace.
  • If a member of staff is either asymptomatic or symptomatic but clinically well enough to work, they will be required to stay away from their workplace. In such cases the staff member will receive the pay they would receive if they were at work. This is regardless of whether the staff member can work from home, including on altered duties or not, during this period. This period of absence will be treated as authorised absence, not sickness absence.
  • Where possible, SWB will facilitate staff members to work from home where they have tested positive for COVID-19 or where, in line with the UKHSA guidance, their risk assessment deems it is not suitable for them to be physically present at work. In such circumstances it may be appropriate for managers to consider reallocating duties for a staff member to facilitate home working.

What does this mean for me?

  • If you are currently off work due to COVID related symptoms and have been on long term leave as a result, your manager, or another member of the management team, will meet with you over the next few weeks (either virtually or face to face) to discuss how this affects you. If you are a member of a Union, we strongly encourage you to seek their support at this meeting and beyond. After the meeting you will receive a letter from the manager outlining what was discussed and also formally confirming notice of withdrawal of the staff terms and conditions section of the COVID-19 workforce guidance. This means that any ongoing sickness leave from  1 September 2022, will be managed by the Trust absence policy Attendance-at-Work-Sickness-Absense-Policy.pdf (swbh.nhs.uk)
  • What will happen with regards to payments for sickness? All sickness periods that have been treated as COVID-19 sickness and have not been counted towards normal sickness absence (in relation to pay and/or sickness absence triggers) until 1 September, should retain that status. After 1 September 2022 this will be disregarded when calculating sick pay.
  • What if I need to self-isolate in line with the UKHSA guidance? You will be supported to work from home in the first instance wherever possible. Where this is not possible, you will be on ‘authorised absence’ and receive full pay as if at work. This will not be treated as sickness absence.
  • What happens if staff are required to stay away from the workplace in line with infection control and public health advice? Substantive staff who are clinically well but have a positive COVID-19 test or symptoms of a respiratory infection which require them to stay away from the workplace in line with UKHSA guidance should be given work they can complete remotely. Where this is not possible, they should receive confirmation that the time they spend away from work will be recorded as authorised absence (not sickness absence) and they will receive their full pay.

The Trust and the Trade Unions have not made this decision independently and we are following the guidance as issued by NHS Employers. For those who are directly affected we urge you to meet with your managers alongside your Trade Union representation where requested to do so. Details of Unions and Representatives can be found on Connect.  Or you can email the confidential Staff side collective email on swbh.unioncollective@nhs.net . For those not in a Union, you may contact Simon Morley our Trust Staff Side Convenor on Simon.morley1@nhs.net for advice and support.

A frequently asked questions sheet will be issued shortly to answer any questions you have or to reflect any issues already raised. You can read the COVID-19: NHS Staff joint council guidance here.

Frieza Mahmood, Chief People Officer

Simon Morley, Trust Convenor

All managers should ensure that staff have seen this communication, especially those who may not access the intranet within the next 7-10 days. Roster users and managers will be contacted directly with guidance on any changes to processes. Attached is the guidance on recording absences on ESR.