Health and Care (Staffing) (Scotland) Act 2019: overview

Duty 12IB of the Act: Duty to ensure appropriate staffing: agency workers health board reports

Duty 12IB of the Health and Care Staffing Act relates to the use of agency workers by Health Boards when they are needed in order to comply with Duty 12IA Duty to ensure appropriate staffing.

Under Duty 12IB of the Act: Duty to ensure appropriate staffing: agency workers, Scottish health boards must report their use of agency workers every quarter.

The Act states that the amount to be paid to secure the services of an agency worker during a period should not exceed 150% of the amount that would be paid to a full-time equivalent NHS employee to fill the equivalent post for the same period. However, where, a health board does pay an amount higher than 150%, the health board must report to the Scottish Ministers:

• the number of occasions in that period on which it has paid more than 150%
• the amount paid on each such occasion - expressed as a percentage over 150 % of the amount that would be paid to a full-time equivalent employee
• the circumstances that required the higher amount to be paid on each occasion

However, to allow for comparisons, the cost of using an agency worker is compared to the cost of an equivalent employee for whom the agency worker is covering. This will include the gross pay of the employee plus employer pension and national insurance contributions. Any expenses that are recoverable by the employee in respect of working that shift are also included in the final figure.

We have carried out limited quality assurance on these reports before publishing. This ensures data protection legislation is adhered to. This includes consideration of whether information regarding individuals could be determined and anonymising data where required.

Quarter 1 reports covering reporting period to April to July 2024 will be published week beginning 11 November 2024.