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Government backtracks on IR35 taxation rules for healthcare staff

James M

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Government backtracks on IR35 taxation rules for healthcare staff

NHS Improvement (NHSI) has backtracked on its blanket decision include agency and locum healthcare staff in the IR35 tax clampdown.

Last month the government altered IR35 tax legislation to include locum and agency staff who work for a public body or recruitment agency.

The Treasury said it hoped to raise £185m for 2017/18 by subtracting tax and national insurance from pay packets at source. NHS trusts are now being advised to carry out a case by case assessment.

Following last month changes the NHS saw a sharp drop in the number of agency and locum staff willing to work for the NHS. Subsequently NHSI has declared that previous IR35 determinations were “not accurate” and says that each case will be assessed individually.

A NHS Improvement spokesman said: “We have published updated guidance on the IR35 rules, which amends our previous guidance to trusts. Trusts should not assume that all agency staff will fall inside IR35; they need to assess whether or not the IR35 rules apply on a case by case basis”.

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Patients are being mislead by unregistered staff using the “Nurse” title

Ian Snug

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Patients are being mislead by unregistered staff using the "Nurse" title

Leading nurses warn that organisations are employing unregistered care staff with job titles describing them as “nurses”.

A study has that found hundreds of roles which do not require Nursing and Midwifery Council registration used the term “Nurse” in the job title.  This, understandably, has caused concern that patients are being misled and staff could be working beyond their competence.

According to the Health Service Journal, Jane Cummings, Englands’ Chief Nursing Officer, has written to NHS leaders calling for them to ensure staff who use the nurse title are in fact registered nurses.

We found several examples, on the NHS jobs website, of positions which utilise the “Nurse” title but do not require an NMC Registration to apply;

  • Assistant Nurse Practitioner.
  • Enhanced Supervision Nurse.
  • Clinical Support Nurse.
  • Associate Nurse.
  • Complex Support Nurse.
  • Assistant Nurse.
  • Auxilliary Nurse.
  • Nurse Support Worker.

Jackie Smith, the NMC’s Chief Executive and Registrar, has previously said;

“If individuals are calling themselves nurses and they are not on our register, then from a patient perspective that is quite worrying. Employers should not mislead patients into thinking the person in front of them is a registered nurse when they are not. They have a duty to make that clear to patients”.

Janet Davies, Chief Executive and General Secretary, said:

“Support workers play an extremely important role but there must always be a clear distinction between them and trained nurses.

“As the shortage of nurses begins to bite, the NHS is increasingly filling shifts with more unregistered care staff. They do not have the qualifications and training of registered nurses and it is unfair on the all sides, not least patients, when they replace more qualified staff.

“The Government must not allow nursing on the cheap. When the number of registered nurses on shift falls, it is patient outcomes and mortality rates that are adversely affected.”

Presently, only the title “Registered Nurse” is protected but staff are calling for the title “Nurse” to also be protected.

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MP insists nurses are already well paid compared to hairdressers, plumbers or carpenters

James M

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MP insists nurses are already well paid compared to hairdressers, plumbers or carpenters

An MP has come under fire for saying that nurses are already well paid when compared to hairdressers, plumbers and carpenters in his constituency.

During last weeks debate on scrapping the NHS pay cap, Conservative MP Eddie Hughes said he wanted to ‘bring some context’ to the argument and went on to say that NHS staff already have a good deal when compared to hairdressers, plumbers and carpenters in his Walsall constituency.

But, Hughes has come under fire from NHS staff with nurses reiterating the issue not just about pay. The significant real-terms has also caused many nurses to turn to food banks and caused further issues with staff recruitment and retention as student nurse numbers significantly are affected.

Valerie Vaz, the Labour MP for Walsall South, said his comments ‘echoed the government’s contempt for our NHS workers’ and went on to reiterate that nurses are being forced to use food banks to make ends meet and NHS.

Speaking in Parliament, Eddie Hughes, said;

“I completely welcome the hard work that is done by NHS staff up and down the country, but please let me bring some context to the debate.

“The average income in my constituency is £440 a week, which is approximately £23,000 a year. I intend to advocate on behalf of all my constituents, not just those who work in the public sector. The average salary in my constituency is £23,000, which is about the same as a qualified nurse starts on.

“Many workers in my constituency are employed as hairdressers, plumbers or carpenters, and what pay rise do they get? They have had to work hard every year for their pay, and when we make the comparison using other factors, such as pension schemes, we see that in order to earn the same sort of pension a plumber would need to be putting away 43 per cent of their salary. Yes, we value the public sector in this country, but the Conservatives value all the workers in this country.”

You can view Eddie Hughe’s speech here.

Mike Adams, regional director of the Royal College of Nursing in the West Midlands, said; “They deserve nothing less than fair pay. As it is, we know many nurses work over their hours without pay as a result of staying on after the scheduled end of their shift or working through their breaks to ensure patients are well cared-for”.

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