We, the undersigned, register a re-grading compensatory pay claim. The trust has, as of July 2023 imposed an uplift to band 3, without fulfilling its obligations under Job Evaluation. We do not believe the Trust have adhered to the NHS Terms and Conditions of Service Handbook Section 47 nor the Trust’s Job Evaluation Policy regarding the banding of the posts. We believe, we, HCAs have been undertaking duties above our band for many years and therefore, in accordance with Chapter 3, Sections 3 & 4, of the NHS Job Evaluation Handbook, our claim should be treated as a ‘changed job’ situation and receive appropriate compensatory pay.

The NHS Job Evaluation Handbook defines the difference between Level 2 and Level 3 posts as requiring an “Understanding of a range of work procedures and practices, some of which are non-routine, which require a base level of theoretical knowledge. This is normally acquired through formal training or equivalent experience.” Therefore, did not occur overnight and evolved over time and through experience.

The NHS National Profiles for Nursing Services states that a Band 2 Clinical Support Worker “undertakes personal care duties for patients”. This is defined as “supporting patients/clients with toileting, bathing, dressing and meals”. In contrast, a Band 3 Clinical Support Worker Higher Level “undertakes a range of delegated clinical patient care duties” and “records patient observations”.

As part of our normal duties, we are regularly required to undertake a range of clinical activities which would be defined as Band 3 responsibilities. This includes recording patient observations; taking bloods; monitoring glucose levels; taking blood pressure and pulse, and performing ECG’s, venepuncture, urinalysis and other clinical procedures. We have been required to undertake these duties for a number of years as evidenced by our training records, competencies and patient records.

These procedures are non-routine and require a base level of theoretical knowledge. It is essential that these tasks are administered to deliver exceptional patient care.

If we did not undertake these duties, patient care would be compromised, and further strain would be placed on registered staff. We have been working above our band 2 grades for many years delivering patient care and supporting our registered colleagues.

Royal Devon University Healthcare NHS Foundation Trust agree our posts have changed and have imposed a re-grade to Band 3 however, the trust are in breach of the Job Evaluation Handbook (Chapter 3, Section 4.5) any appointment to Band 3 should appropriately reward and recognise all the time we have been undertaking clinical duties. As an absolute minimum, back-pay should be paid in line with agreements made with Trusts elsewhere in the Southwest region.