Band 8 bank nurses (FOI)

I write with a request for further information following the linked FOI request:

as well as the prior request:

In the initial response it is stated [Name Redacted] is not undertaking a specific role and therefore does not have a job description. In the more recent response it is stated [data redacted] is employed as a Band 8 bank nurse and neither is there a generic job description for a band 8 bank nurse.

The GoJ Recruitment and Selection Policy previously provided states that ‘The SoJ will support the local community by giving preference to ‘locally qualified’ candidates, who are capable of performing the role’. It also states that both a Job Description and Person Specification must be produced prior to any recruitment. The policy states it applies to all recruitment to the Government of Jersey (which would include zero-hours roles such as [Name redacted] role).

In the previous FOI response reference is also made to section 83 of the Control of Housing and Work (Jersey) Law 2012. The law does not have a section 83, so I assume the answer refers to the 2019 Policy Guidance in which section 83 refers to essential employees. The description of [Name redacted] duties previously provided (notwithstanding the lack of job description) explain [data redacted] is not carrying out any specific duties that would require the status of Registered Nurse, as [data redacted] is carrying out general management duties. No explanation has been provided that [data redacted] meets the test of being an Essential Employee performing a role that could not be carried out by a locally qualified individual or current employee. It should once again be noted [name redacted] worked previously with the Director General and also the previous ‘Senior Nurse’ who was also employed without open competition.

I would therefore request further information in relation to the recruitment:

A
a copy of the HCS business license (or equivalent) identifying the number of registered and licensed employees permitted to be employed by HCS, with a description of the type and number of roles these permissions can be used for (including whether zero hours positions are permitted)

B
the person specification for a Band 8 Bank Nurse that was used in the recruitment and interview process to assure [Name redacted] suitability for the position

C
the recruitment advert that was used to recruit to the Band 8 Bank Nurse position

D
the length of [Name redacted] Bank contract, and the average hours worked per week, to date, as part of that contract

E
if open recruitment was not considered, as per the Recruitment & Selection Policy, approval is required from the HR Director - please provide a copy of a record of this approval along with justification to not use open recruitment

F
An explanation of how someone can be given Licensed status as an Essential employee with no job description or specified hours of work? Does any justification exist that such a position could be assessed as ‘Essential’?

A
There is no requirement for all roles to be licensed in order to be contracted as a bank worker. Bank roles that do not require licensed status include Health Care Assistants and Nursing posts. Zero hours positions are permitted.

B
There are no job descriptions used for NM08 bank nurses.

C
There is not a requirement for bank nurse staff to apply from a specific advert.  At different points of the year we may advertise for bank nurse staff across various grades.  Applications submitted are placed in a pool and are managed through the standard recruitment process.

D
A bank contract does not have a specific length, it is a contract between the employer and worker that does not obliged the employer to provide a minimum or set number of hours or for the worker to accept any work offered. The number of hours worked by a bank worker will vary from week to week.

E
Bank workers are recruited through the standard recruitment process; therefore, exemptions are not required.

F
Bank roles do not attract a ‘Licenced’ status.

Providing information regarding an individual would breach the privacy of the individual and Article 25 of the Freedom of Information (Jersey) 2011 Law has therefore been applied.

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2)     Information is absolutely exempt information if –
(a)     it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and
(b)     its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3)     In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.