Agenda item

Nicola James addressed the Panel and made a statement on the subject of BSW Hospitals Bank Staffing Outsourcing. A copy of the statement is attached as an online appendix to these minutes, and a summary is set out below.

‘I was elected as a public governor for Bath at the RUH in 2022 and served until July 2024. I attended the meetings, read every paper. What I'm about to put on this Panel's record should concern every councillor in this room.

In September 2023 the RUH Public Board paper stated explicitly that the Trust's strategy was to grow the staff bank. Direct quote: "We're looking to support Managers to develop exit plans for high cost agency workers by recruiting to vacancies, moving agency workers onto our Bank." I heard that case made repeatedly. Experienced workers who knew the wards and the patients. Worth protecting, we were told.

By March 2026 the Trust had completely reversed that strategy, abolishing the staff bank entirely and handing it to a private equity company. No public explanation. No long term cost modelling. No transparency about what changed.

The projected saving of £3.3 to £5.4 million comes entirely from cutting employer pension contributions from 23.7% to 6%. That's not an efficiency saving. It's a cost deliberately shifted onto workers to plug a deficit.

The Trust's own consultation document named Pulse/Acacium as preferred bidder before the union consultation period had even closed on 4 March 2026. This panel should ask the trust to explain how a preferred bidder was identified before consultation concluded and what weight, if any, was given to union feedback.

This Panel has a statutory right under the Local Government and Public Involvement in Health Act 2007 to be consulted on substantial variations in local NHS services before decisions are made. Removing hundreds of workers from NHS employment across three trusts, formally opposed by recognised trade unions, is exactly such a variation. My understanding is this Panel was not consulted. Its statutory rights were entirely bypassed.

This is not responsible financial stewardship. This is deficit management by sleight of hand. And this Panel has both the right and the duty to call it out.

I'm asking this Panel to call an emergency session before August – requiring BSW trust executives to attend and answer for this decision before it becomes irreversible. To write formally to the Secretary of State. And to formally note that its statutory consultation rights were not observed.’

Baz Harding-Clark addressed the Panel and made a statement on the subject of BSW Hospitals Bank Staffing Outsourcing. A copy of the statement is attached as an online appendix to these minutes, and a summary is set out below.

‘I am Branch Secretary of UNISON Bath Health Branch. I also serve as Chair of Staff Side at the RUH, and I am directly affected by this decision in my clinical role. I represent the workers directly impacted. I have formally written to the Secretary of State, Wes Streeting, about it. I am here because my members have been failed by every formal channel available to them so far.

Bank workers are not being transferred. Their NHS bank employment will cease on 1 August without choice. If they want to continue working bank shifts at the same hospitals, the only option will be to register with a private company — Pulse, part of the Acacium Group.

There is no continuity of service. No NHS terms and conditions. And from that point forward, no ability to continue accruing their NHS pension. For a healthcare assistant working bank shifts for another ten years, the difference between a 23.7% NHS employer pension contribution and around 6% in the private sector represents tens of thousands of pounds in lost retirement income.

The Trust’s own Equality Impact Assessment shows that at the RUH, 56% of bank workers are from ethnic minority backgrounds compared to 27% of substantive staff. Between 64% and 87% of bank workers are women, depending on the site. The proposed mitigation for this disproportionate impact is quoted verbatim: “encourage bank workers to take up substantive employment.” That is not a mitigation. That is telling predominantly ethnic minority, predominantly female workers to reorganise their lives to suit the Trust’s staffing model.

The consultation process initially excluded bank workers entirely. Only after union challenge were they invited into information sessions — not consultation, information. They were presented with a decision that had already been made. Both UNISON and all of Staff Side formally opposed this in writing. We were heard once and then overridden. I have written formally to the Secretary of State describing this as privatisation by stealth. No response has been received. This Panel should add its voice to that letter without delay.’

The Chair asked if they had taken formal action to seek that the decision is called-in by the Secretary of State for Health and Social Care.

Baz Harding-Clark replied that they had not and said that they had written to the Secretary of State for Health and Social Care to outline their concerns, describing the decision as “privatisation by stealth.”

Councillor Joanna Wright asked what impact the decision will have on the hospitals concerned.

Baz Harding-Clark replied that it would severely put at risk the ability to put staff in place at short notice and could potentially have an impact on patient care.

Councillor Lesley Mansell asked if the public were yet aware of this decision.

Nicola James replied that she had written a post regarding the issue on the social media platform ‘X’ that had now been shared thousands of times and also received some feedback. She added that the body ‘Protect our NHS (BANES)’ alongside some further Unions were not aware of the decision until recently notified.

Baz Harding-Clark added that he did not believe that the decision had yet been made public.

Councillor Mansell asked what effect the decision will have on staff pensions.

Baz Harding-Clark replied that their future pension accrual within the NHS Pension Scheme would end entirely and be replaced by an approximately 6% employer contribution opposed to the current 23.7% NHS employer pension contribution, which represents a 17.7% reduction in employer pension contribution.

The Chair queried why staff pensions would not be protected under the TUPE Transfer of Undertakings (Protection of Employment) regulations.

Baz Harding-Clark replied that TUPE protections do not apply to zero-hours bank arrangements.

Lucy Baker, Place Director, BSW ICB stated that she had received a briefing from the RUH that morning and that she would work with the BSW Hospitals Group to bring further information to the Panel.

Councillor Paul Crossley asked if the appointed private company had any other contracts with the RUH. He added that it was his view that outsourcing was generally a bad solution.

Baz Harding-Clark replied that he was not aware of any other contracts between the RUH and Pulse (Bank Partners).

Councillor Michael Auton commented that for bank staff to lose their current benefits would have a huge impact on their livelihoods.

The Chair commented that she was shocked to hear that Lucy Baker had only been briefed by the RUH regarding the issue this morning.

Councillor Eleanor Jackson commented that many members of staff choose to do bank work due to its flexibility.

Baz Harding-Clark replied that this was correct and said that a large proportion of staff make that choice due to being a carer or having childcare responsibilities.

Kevin Burnett said that he was concerned about the potential levels of service should experienced members of staff decide to not continue in their roles. He asked if it had been explained why the decision had been made.

Baz Harding-Clark replied that they had been told that there was not a sufficient infrastructure in place to cover all three hospital sites. He added they currently use Allocate for their bank system and that for a small investment this could be upgraded to Allocate Cloud.

He stated that he did not believe that Unison members will sign up to the new arrangements and that this will put staff and public safety at risk.

Councillor Mansell said that she thought it was her understanding that such outsourcing arrangements could only be made with agreements by the Unions. She asked how the service would be monitored if it is outsourced.

Baz Harding-Clark replied that UNISON and all Staff Side organisations have formally opposed the decision in writing and that this had been heard once and overridden. He added that there are 13 unions which represent staff within the RUH and all disagree with the decision made.

Lucy Baker said that she would ask the questions / raise the points made today with the BSW Hospitals Group.

Councillor Wright said that she would like to see BSW Hospitals Group senior management team explain the decision and the process undertaken prior to it.

The Chair commented that the decision looks like a substantial variation and therefore the Panel should have been consulted before any such decision had been made.

The Chair asked Lucy Baker to provide initial feedback to the BSW Hospitals Group of the points raised during the meeting so that they could begin to form a response.

She added that once the BSW Hospitals Group had been contacted officially they would be asked to respond in writing within five working days.

Councillor Wright asked if the Panel would be writing to the Secretary of State regarding the decision made.

The Chair replied that would be dependent on the response received.  

The Chair, on behalf of the Panel, thanked Nicola James and Baz Harding-Clark for their statements.