I am a midwife in a small maternity unit. I have been elected as H&S rep for our trade union.
The Chief Exec of our Trust wants to make huge changes to the layout of our department, but without consulting with staff or even the senior midwifery manager. We have already had guys from an external company in assessing the area. We are all very concerned that he is pressing ahead with planning these changes and he will not engage in any dialogue with anyone on the matter. Is there any legislation we can use to at least force him to include staff in the decision making process?
Thanks

also talk to your employers health and safety adviser and the unions formal H&S adviser

The problem in these situations is that Chief Execs and senior managers like change; and 'normal' employees are resistant to change. This makes finding a middle (and sensible) ground difficult.

Your best chance of being able to influence the plans is to take a positive approach. Don't say what should not be done but come up with ideas about how the objectives of the change can be done better (and ideally cheaper). You may not even need to engage directly with the senior managers, just try talking to the guys who are preparing the plans. You may find an informal chat whilst you make them a cup of tea may have a bigger impact than a meeting with the chief exec.

It is unfortunate that a chief executive has not seen it necessary or beneficial to talk to union reps. I am afraid this may be a sign of bigger cultural problems that may be difficult to overcome on a single project.

alijangra

I would check matters with your Full Time Official or Branch Secretary first.

The trade unions should have some framework agreements for dealing with general workplace changes. These should be available from your union. However if there are health and safety implications for your members then the employer must consult with the safety representatives where the trade union is recognised.

Regulation 4A of the Safety Representatives and Safety Committee Regulations 1977, as amended, states that Safety Representatives from independent trade unions have the right to be consulted ‘in good time’ - ie before a decision is taken - regarding:

the introduction of any measure in the workplace that may ‘substantially’ affect the employee’s health and safety;

the arrangements for appointing or nominating ‘competent persons’;

any health and safety information that is required to be provided by the employer for employees under ‘relevant statutory provisions’;

the ‘planning and organisation’ of any health and safety training the employees may require; and

the health and safety impact on employees of the introduction – ‘including the planning thereof’ – of new technology.

The unions should have procedural agreements with the Trust for raising grievances or disputes if the Chief Executive is not able to understand these legal requirements.

It sounds like a number of people may be affected and it may be more productive to co-ordinate your efforts with other union safety representatives whose members may be affected, through the normal industrial relations channels.

It is not unusual for workers to be treated with contempt when workplace changes are being considered but that does not mean you should ignore it. As SW indicated, getting workers involved before decisions are made usually benefits everybody involved.

Cheers.

Nigel

Sorry I dont understand what you mean by this. My line manager is requesting I help via Health and Safety legislation being used to basically make the Chief Exec communicate with the staff that are going to be affected by the planned changes. I have no issue with my line manager.

So it seems the purpose behind the change is to improve service to patients overall by improving the day surgery facilities. That aim of improving service to patients overall will only be achieved if the effects of the change on the maternity patients don't outweigh the benefits to day surgery patients. And the CEO can only know whether or not that is the case by consulting the people who most understand what the effect on the maternity patients will be, namely the midwives. So it's in his own business interests to consult you!

You will doubtless find that the health service is a hotbed of conflicting requirements, and those who have the most appropriate length of nose take preference.
Bearing in mind that hospitals are now allowed to source up to 49% of their money from paying services you may find that the day surgery units are for minor, but well-paying things. In which case:Good luck.
Probably the labour units will be relocated to the car-park?
Pardon my cynicism, but I find, for instance, that a hospital that sourced its leading managers from a retail environment (local) to improve the "patient experience" may be holding not only the wrong end of the stick, but the wrong stick as well.
Good luck. British management is the best in the world; At filling its wallet.