Dear NHS Health Scotland,
do employees have to declare a 2nd job, and how does this effect working time regulations
Dear Mr. Millar
Information Request – Secondary Jobs and the Working Time Regulations
I am writing with regard to your Freedom of Information request of 31st July 2017 which was received by NHS Health Scotland on the same day, in which you ask for the following information:
1.Do employees have to declare a secondary job, and how does this effect working time regulations?
NHS Health Scotland can provide a full response to your Freedom of Information request. It is worth noting, however, that NHS Health Scotland is just one part of the NHS in Scotland. We do not provide health services directly to the public and we employ very few clinical staff. Our role is to work with a range of organisations including other NHS Boards, local government, the third sector and employers to help them use knowledge about what works to improve the health of people in Scotland. This link describes the different organisations that make up the NHS in Scotland.
Therefore you may also wish to redirect your request to the 14 local Health Boards that provide care and treatment and employ the majority of NHS staff. In this case contact details are available here.
Please find Health Scotland’s response to your questions below:
1.NHS Health Scotland requires all staff to complete a Declaration of Interests form on an annual basis which includes information on any secondary employment, either paid or voluntary. This is in line with our Standards of Business Conduct Policy. NHS Health Scotland employees must obtain the prior approval of their director in order to take up any other paid employment, whether as an employee, director or in a self-employed capacity. Employees must not engage in any outside employment or any other activity, which would in any way impair their contribution to NHS Health Scotland, or which might conflict with the interests of NHS Health Scotland, or which might be inconsistent with their position in NHS Health Scotland. Approval for outside employment will not be granted if it:
a)Is undertaken during the time when they are contracted to work for NHS Health Scotland or interferes with the performance of NHS Health Scotland duties.
b)Involves misuse, or the perception of misuse, of the employee’s official position or designation or NHS Health Scotland resources
c)Involves misuse, or the perception of misuse, of official information or of experience acquired in the course of official duties.
d)Gives rise to the possibility, or perception, that NHS Health Scotland’s position may be compromised.
e)Breaches the working time directive
The Act gives you the right to ask the Chief Executive to review his decision regarding the above request. If you wish to do this, you should make your request to the Chief Executive within 40 working days of receipt of this letter.
Your request must be in a recordable format (letter, email, audio tape, etc).
When a request for review is received by this office, it may be dealt with by a Head of Department or Director who will review the original decision and any supporting arguments you may wish to make.
The Head of Department/Director will then consult the Chief Executive before responding to you, all within 20 working days.
Please do not hesitate to contact me if you have any further queries.
Director of Strategy
Communications and Engagement Officer
NHS Health Scotland
07500854551 / 0141 414 2825
Working for a fairer healthier Scotland