UNISON Scotland's response to the Scottish Executive's Consultation Paper direct payments for self-directed care: Draft policy and practice guidance

December 2006

Executive Summary

• UNISON is Scotland's largest trade union representing 160,000 members working in the public sector. UNISON Scotland represents social care workers, social workers and occupational therapists and others working in both the public and voluntary sectors across Scotland.
• UNISON Scotland welcomes the Scottish Executive's Consultation Paper on Direct Payments for self-directed care: Draft policy and practice guidance and the opportunity to comment.
• The paper does not give enough attention to the fact that there are a range of employment laws which have to be adhered to by all employers.
• The paper does not have enough emphasis on the importance of best employment practice. No one will benefit from a high turnover of care staff or a poorly trained, poorly paid and unmotivated carer. There is a real danger of the emergence of a two-tier workforce in social care with a regulated professional workforce sitting alongside a casualised personal care sector.
• The paper needs to give an indication of what other employers offer in terms of wages and terms and conditions rather than a vague reference to best practice and sufficient remuneration.

Introduction

UNISON is Scotland's largest trade union representing 160,000 members working in the public sector. We are the largest trade union in local government, with over 100,000 members working in Scottish Local Government. UNISON Scotland represents social care workers, social workers and occupational therapists and others working in both the public and voluntary sectors across Scotland. UNISON welcomes the publication of Scottish Executive's Consultation Paper on Direct Payments for self-directed care: Draft policy and practice guidance and the opportunity to comment on the guidance.

 

Response

UNISON Scotland recognises and supports the rights of people with disabilities to lead independent and fulfilled lives. People living with disabilities have the right to economic well-being, personal dignity and freedom from discrimination and harassment. These rights will not be realised unless individuals are empowered to make decisions about their care. UNISON believes that direct payments have a role to play in this process. We welcome the publication of guidance in this area.

We do though have concerns about the rights of members working in care services in the public, private, voluntary and independent sectors. We will therefore at this time limit our comments to those sections on employees' rights.

UNISON would like to see the development of a code of practice for fair employment in partnership with appropriate stakeholders. The draft policy and practice guidelines do not give enough support and guidance to enable those in receipt of the payments to follow best practice as employers. There is a real danger of the emergence of a two-tier workforce in social care with a regulated professional workforce sitting alongside a casualised personal care sector. No one will benefit from a high turnover of care staff or a poorly trained, poorly paid and unmotivated carer.

Costing a Personal Assistant employers package.

There is too little emphasis in this section on the importance of being a good employer in terms of recruiting and retaining a Personal Assistant (PA) and the costs both financial and emotional of a high turnover of staff. The nature of this work means that the emotional cost when something goes wrong will be far higher than in many other areas of work. It is therefore crucial that those in receipt of direct payments are good employers. Any individual will be competing with both other individuals and big employers like Local Authorities to attract good staff.

This section should refer individuals to the pay rates, other benefits and conditions on offer at LAs to provide a benchmark. This will support individuals in their decision making process. This section should also indicate that there are legal requirements e.g. a legal minimum wage and working hours legislation. There should also be much stronger encouragement to ensure that the list of discretionary elements such as employers contribution to a pension scheme, enhanced rates for bank holiday work, protective clothing, and on going training (which are a basic at LA level) are on offer. As an employer it will be hard to attract and retain good staff if they do not offer what others do as standard.

This is particularly true with regard to rates of pay (point 57). This point is particularly weak. There should be much more emphasis on the importance of appropriate remuneration and as stated above a reference to the rates of pay available at LAs.

Buying Services from a self-employed PA

This section does not place enough emphasis on the rights of employees. PAs cannot be pushed into self-employment status by recipients of direct payments to avoid financial and legal responsibilities. Unless a PA has already set themselves up as self-employed then they cannot change status. This must be made clear to potential employers. They in turn must be clear about this to PAs. The consequences of a misunderstanding are very serious for all parties. The degree of control required by a carer will make this form of employment very difficult to defend from legal challenge.

Employing staff

UNISON would like to see more emphasis on the responsibilities of being a good employer particularly the legal requirements. Point 120 states "the role of employer carries important tasks and responsibilities" there is though no indication that there are legal requirements far less the need for training on basic employment law and the rights of staff. There is nothing about the need for insurance to cover injury to an employee. There is no indication of the consequences of not meeting the law or what to do over conflict and disagreement.

Annex D Employing Staff

There is no mention in this section of salary, pay negotiations and awards or handling employee's grievances. While the list includes "insurance" this does not even indicate who for: the employer of the carer.

 

Conclusion

UNISON believes that direct payments do have a role to play in individuals living independent and fulfilled lives. UNISON believes in partnership between service users and staff. Their interests are intertwined. There is a real danger of the emergence of a two-tier workforce in social care with a regulated professional workforce sitting alongside a casualised personal care sector. No one will benefit from a high turnover of care staff or a poorly trained, poorly paid and unmotivated carer. These draft policy and practice guidelines do not give enough support and guidance to enable those in receipt of the payments to follow best practice as employers.

 

For further information please contact:

Matt Smith, Scottish Secretary
UNISON Scotland
UNISON House
14, West Campbell Street,
Glasgow G2 6RX
Tel 0845 355 0845 Fax 0141 342 2835

e-mail matt.smith@unison.co.uk