Research In The NHS – HR Good Practice Resource

research in the nhs – hr good practice resource pack version 1.1 january 2009 example letter of agreement between nhs organisations v

Research in the NHS – HR Good Practice Resource Pack
Version 1.1 January 2009
Example letter of agreement between NHS organisations
Version 1.2 (updated in March 2019 to refer to the latest Data
Protection Act 2018)
Please note: this letter is not required where organisations can
demonstrate that they are effectively managing and implementing the
recommendations of the HR Good Practice Resource Pack within the UK
Clinical Research Network.
To confirm arrangements underpinning NHS to NHS Letters of Access,
which enable NHS employees or staff with an honorary clinical contract
(e.g. clinical academics) with one NHS organisation to conduct
research in another NHS organisation. This letter need only be used
where there is doubt with regard to the substantive employer's
compliance with the recommendations of the HR Good Practice Resource
Pack.
Standard letter from an NHS organisation hosting research to the NHS
employer or provider of an honorary clinical contract. It may be used
for one project or a series of projects.
Human Resources Directorate
X NHS organisation
Date:
To Human Resources Directorate, Y NHS organisation
This letter is to confirm the arrangement between this NHS
organisation and [insert Y NHS organisation] whereby your employees
are permitted to conduct research in this NHS organisation. Such staff
do not require an honorary research contract with this NHS
organisation.
We offer a right of access to your staff to conduct research in this
organisation in accordance with the clauses below.
Your staff have a right of access to conduct such research as is
confirmed in writing in the letter of permission for research from
this NHS organisation.
You are responsible for ensuring that such checks as you consider
necessary for the clinical activities of your staff have been carried
out, and we require you to undertake the necessary checks commensurate
with the activities your staff will be conducting in this NHS
organisation. We will require you to conduct additional checks if the
research activities of your staff in this NHS organisation differ
substantially from the current clinical activities of your staff. We
agree to accept the checks undertaken by you, in order to enable your
employee(s) to undertake research activities in this NHS organisation.
Your staff are considered to be legal visitors to the premises of this
NHS organisation. They are not entitled to any form of payment or
access to other benefits provided by this NHS organisation to
employees and this letter does not give rise to any other relationship
between them and this NHS organisation, in particular that of
employees.
While undertaking research through this NHS organisation, your staff
will be accountable to you as their employer but they will be required
to follow the reasonable instructions of an appropriate head of
department or supervisor or those given on her/his behalf in relation
to the terms of this right of access.
Where any third party claim is made, whether or not legal proceedings
are issued, arising out of or in connection with the right of access,
your staff are required to co-operate fully with any investigation by
us in connection with any such claim and to give all such assistance
as may reasonably be required by us regarding the conduct of any legal
proceedings.
Your staff must act in accordance with our policies and procedures,
which are available to them upon request, and the Research Governance
Framework.
Your staff are required to co-operate with us in discharging our
duties under the Health and Safety at Work etc Act 1974 and other
health and safety legislation and to take reasonable care for the
health and safety of themselves and others while on our premises. Your
staff must observe the same standards of care and propriety in dealing
with patients, staff, visitors, equipment and premises as is expected
of any other contract holder and they must act appropriately,
responsibly and professionally at all times.
Your staff are required to ensure that all information regarding
patients or staff remains secure and strictly confidential at all
times. They must ensure that they understand and comply with the
requirements of the NHS Confidentiality Code of Practice (http://www.dh.gov.uk/assetRoot/04/06/92/54/04069254.pdf)
and the Data Protection Act 2018. Furthermore they should be aware
that under the Act, unauthorised disclosure of information is an
offence and such disclosures may lead to prosecution.
We will not indemnify your staff against any liability incurred as a
result of any breach of confidentiality or breach of the Data
Protection Act 2018. Any breach of the Data Protection Act 2018 may
result in legal action against your staff and/or you as the
substantive employer.
We accept no responsibility for damage to or loss of the personal
property of your staff.
We may terminate the right of your staff to attend at any time either
by giving seven days’ written notice to them or immediately without
any notice if they are in breach of any of the terms or conditions
described to them or if they commit any act which we reasonably
consider to amount to serious misconduct or to be disruptive and/or
prejudicial to our interests and/or business or if they are convicted
of any criminal offence.
We will inform you when any of your employees wishes to conduct
research in this NHS organisation. Your staff must inform us of any
changes to their circumstances in relation to their health, criminal
record, professional registration or any other aspect that may impact
on their suitability to conduct research. Your staff must also inform
us of any change to their role in research in this NHS organisation.
Yours sincerely
X
Director of Human Resources, X NHS ORGANISATION
cc: R&D offices, NHS organisations X and Y
Example letter of agreement between NHS organisations
Version 1.2 March 2019
Research in the NHS: HR Good Practice Resource Pack Page 2 of 2