Terms and conditions

The NHS Digital Staff Passport enables individual employees to securely hold verified and trusted information about themselves on their own mobile device(s), via an app using an accredited digital wallet. This portability of verified important personal data enables individuals to present their data to an employer of choice, with the confidence that the data will be trusted, given that it has come from an authoritative or other accepted sources.

These terms and conditions set out the basis of trust for all parties to operate using the NHS Digital Staff Passport including for NHS organisations issuing verifiable credentials to employees, employees presenting their credentials and NHS organisations verifying employees' credentials. This agreement between the parties will facilitate a more seamless onboarding process for the employing NHS organisations and improved experience for the employee.

Included in these terms and conditions are standard-form Licence to Attend conditions for use in temporary movements, where individual employees remain employed by their existing employer but will perform services at a receiving NHS body for an agreed period. Trusts making use of these arrangements will need to agree separate arrangements for how such workforce sharing will occur and be reimbursed. Where receiving trusts do not wish to make use of these terms, they will prepare their own documentation for employees who are attending their premises.

This document sets out the terms and conditions that the parties accept and agree to abide by when using the NHS Digital Staff Passport and it applies to resident doctors and all staff moving temporarily as defined in the paragraph above, such as those on secondments or under a workforce sharing agreement. The NHS Digital Staff Passport is not intended for any other use cases at this point.

1. The issuing NHS organisation (data controller): the NHS organisation issuing verified credentials to their employees who have been through appropriate NHS onboarding checks, including pre-employment checks, training and health data (the "Issuer").
2. The receiving NHS organisation (data controller): the NHS organisation receiving credentials from the Digital Passport of employees who have been issued credentials, by other NHS organisations where they have previously undergone NHS onboarding checks, including pre-employment checks, training and health data (the "Receiver").
3. The "Employee": the individual employee who has undergone NHS onboarding checks by an Issuer and has downloaded the NHS Digital Staff Passport to receive and share credentials with a Receiver.

Staff from issuing and receiving NHS organisations are given permission to use the Digital Staff Passport based on their role within recruitment, education and training and occupational health teams – staff responsible for undertaking pre-employment checks for their organisation. 

The issuing NHS organisation is the data controller and when the employee shares their information, the receiving NHS organisation becomes the data controller.

These terms and conditions apply between the Issuer, the Receiver and the Employee, collectively known as the "Parties" when using the NHS Digital Staff Passport. There is a separate Terms of Use document concerning the operation of the portal.

4. The Issuer warrants that at the time of issuing the credentials in the Employee's Digital Passport, it has with reasonable care and attention undertaken and satisfied the necessary pre-employment checks in accordance with its statutory obligations and the NHS Employment Check Standards (as published by NHS Employers) to:
   1. verify the identity of the Employee with appropriate evidence retained on file;
   2. ensure that the Employee has the necessary skills and qualifications for the job they are employed in by the Issuer and, where relevant to that employment, have registration with any relevant professional body;
   3. ascertain the Employee's suitability for the current employment by seeking factual references as appropriate for the individual employee's position and job role in their current employment;
   4. carry out an occupational health assessment or health declaration, including any required assessment of the Employee's health and adjustments needs in relation to their current role and duties;
   5. undertaken if it is the appropriate level for the Employee's role and responsibilities and it is within the preceding 3-year period;
   6. verify that the Employee has a legal right to work in the UK;
   7. confirm the immunisation and vaccination check of the Employee have been completed in alignment with the national immunisation and vaccination subject guide, and it is updated and recorded on the Electronic Staff Record (ESR);
   8. confirm that the employee has undergone immunisation and vaccination checks, as defined by its local policies for the Employee's role.
5. The Receiver confirms that at the time of reviewing the pre-employment credentials in the Employee's digital passport, it agrees that it shall:
   1. review the Employee's pre-employment credential information against its own local policies for the proposed role for the Employee;
   2. determine whether to accept the Employee's pre-employment credential information meets their local policies and follow their internal processes for managing non-compliance where the Employee's pre-employment check is unsatisfactory;
   3. record further pre-employment checks within ESR and issue any new checks carried out as additional credentials to the Employee on the NHS Digital Staff Passport;
   4. accept the portability of the immunisation and vaccination credential(s) issued by other NHS organisations and not require the Employee to repeat any immunisation and vaccination check which is still valid and applicable for their role, if shared in a verified format through the NHS Digital Staff Passport;
   5. review the Employee's occupational health immunisation and vaccination credential against its own local policies for the employee's role to satisfy its requirement;
   6. follow their internal processes for managing non-compliance where the Employee's occupational health immunisation and record is unsatisfactory;
   7. only where the employee does not meet the Receiver's local occupational health immunisation and vaccination requirements for a proposed role will the Receiver undertake additional checks or vaccination to meet their need.

6. The Issuer warrants that at the time of issuing statutory and mandatory training credentials to the Employee's, NHS Digital Staff Passport, the Employee has undertaken and satisfied the necessary statutory and mandatory training requirements as per the Core Skills Training Framework (CSTF), to include:
   1. alignment - the statutory and mandatory training for its employees is aligned to version: (England) v1.1 of the National Core Skills Training Framework (CSTF) and this training is assigned the CSTF competencies as outlined in the Electronic Staff Record (ESR)
   2. maintaining alignment – as and when a new version of the CSTF is published, the Issuer shall review and re-aligns training of Employees within a reasonable timeframe

7. The Issuer further warrants that:
   1. the Employee has undertaken all statutory and mandatory training, as defined by its local policies for the Employee's role at the Issuer
   2. all records of statutory and mandatory training of the Employee are up to date and recorded on the ESR system
8. The Issuer shall use reasonable steps to ensure that in a reasonable time the Employee shall have the ability to view and manage their mandatory and statutory training compliance on the trust's Learning Management System.
9. The Receiver shall:
   1. accept the statutory and mandatory core skills training completed at other NHS organisations and not require the employee to repeat any core skills statutory and mandatory training which is still valid and applicable for their role, if shared through the NHS Digital Staff Passport
   2. review the Employee's training competencies against its own local policies for the employee's role and follow its internal policies where the employee is not compliant with its local policy requirements for a role
   3. issue any new statutory and mandatory core skills training completed by the Employee whilst employed by the Receiver as credentials, using the NHS Digital Staff Passport.

10. When moving between NHS organisations using the NHS Digital Staff Passport, the Employee:
    1. consents to the Issuer issuing credentials that include their personal, employment and Occupational Health immunisation and vaccination details into their NHS Digital Staff Passport
    2. consents to the Receiver reviewing credentials that exist on their NHS Digital Staff Passport
    3. agrees to undergo pre-employment checks, occupational health assessment and statutory and mandatory core skills training, where it is deemed necessary by the Receiver.
    4. agrees to inform the Issuer and Receiver of any changes in their circumstances that may affect their ability to perform their role or suitability to perform their roles and responsibilities.
    5. Consents to the receiver sharing relevant data on their behalf with relevant parties within their own organisation, where necessary to safeguard the interest of the individual employee or the public.

11. The Issuer shall use reasonable care and attention to issue accurate information to the NHS Digital Staff Passport for the purposes of a workforce sharing and/or changes of employment.
12. The Receiver shall verify and accept the information provided on the NHS Digital Staff Passport for the purposes of a workforce sharing and/or changes of employment.
13. The Issuer and Receiver shall endeavour to make their Induction and onboarding processes user driven.
14. The Receiver is responsible for the provision of any necessary local induction to the Employee, to include all necessary information required by the Employee to perform the role safely, efficiently and effectively.
15. The Receiver agrees to provide an alternative pathway to onboard employees who do not hold the NHS Digital Staff Passport containing verified credentials.
16. The parties will enter into such further separate agreements to appropriately document any arrangements as they may be advised, for example where the NHS Digital Staff Passport is being used for workforce sharing.
17. Where a Receiver wishes the Employee to attend its premises as part of workforce sharing arrangements to carry out services, these shall be detailed in the "Temporary placement credential" issued on the NHS Digital Staff Passport.
18. Where an Employee is being engaged to provide services as part of workforce sharing arrangements, the Employee's terms and conditions of employment including applicable policies and procedures are determined by the relevant terms of employment between the Employee and the Issuer. At no time under workforce sharing arrangements shall the Employee become an employee of the Receiver by virtue of those workforce sharing arrangements. The Issuer and the Receiver shall enter into any separate arrangements concerning workforce sharing in their locality as appropriate.
19. To help improve the Digital Staff Passport service, NHS England may contact employees to invite them to take part in user research or complete satisfaction surveys. Participation is always voluntary, and any feedback provided will be used to enhance the app and the experience of other users. 

20. Where the Receiver confirms to the Employee that it wishes to use the Standard Licence to Attend for Workforce Sharing terms below ("the Licence") in the Temporary Placement Credential, then the terms below shall be apply between the parties. Where the Receiver indicates that it does not wish to use these Standard Licence to Attend terms, the parties shall document their arrangements separately.
21. These Licence terms are only suitable for use where
    1. the Employee remains employed by and paid by the Issuer for the role undertaken at the Receiver (notwithstanding any re-charge or other arrangements as may be agreed by those parties); and
    2. it has been agreed by the Issuer and the Employee that the Employee shall you carry out work to support the Receiver as part of local workforce sharing arrangements in which any commercial or other terms are agreed
22. In consideration of the Receiver granting access to perform the services to the Employee under this Licence to carry on your profession as set out in the Temporary Placement Credential, and in consideration of you providing services in support of the Receiver, the terms of this Licence are legally binding.
23. This Licence may be revoked by the Receiver at any time.
24. The Employee shall remain an employee of the Issuer and as part of the workforce sharing arrangements between the Receiver and the Issuer, you shall undertake work for the Receiver at the Receiver's premises as notified to you in the Temporary placement credential.
25. The Issuer may revoke permission for the Employee to attend the Receiver at any time.
26. The terms and conditions of the Employee's employment including applicable policies and procedures for matters such as leave, sick pay and absences are determined in line with the Employee's contract of employment with the Issuer.
27. If the Employee is unable to provide the duties set out in the Temporary placement credential for the Receiver at a time when it has been agreed that you were to do so due to sickness or injury, the Employee must inform the Receiver of the reason for the absence in the manner that they require as soon as possible and before your intended time of working was due to commence. The Receiver may require that the Employee shall provide notice of absences for in a prescribed manner or format.
28. When in attendance at the premises of the Receiver the Employee agrees to comply with all relevant clinical, health and safety and information governance policies applicable to the particular Receiver premises the Employee is attending and particular services the Employee is supporting. The Employee shall comply with the security and access arrangements and with any requirement concerning uniforms or identification requirements as the Receiver may notify to them.
29. The Employee shall obtain all required consents and permissions from the Issuer to attend at the premises of the Receiver at the times and dates as set out in the Temporary placement credential.
30. The Employee is not entitled to any additional remuneration or any other payment (including but not limited to salary, pension contributions, paid holidays, bank holidays or sick pay) from the Receiver as a result of performing the duties set out in the Temporary placement credential. The Employee shall remain an employee of the Issuer at all times, and the Issuer is responsible for the renumeration of your salary and payment of any other benefits to you.
31. The Employee must take every reasonable care for the health and safety of yourself and of others. The Employee must perform their duties diligently and to the best of their ability and must not intentionally or recklessly interfere with, or misuse, anything provided in the interests of health, safety or welfare.
32. Whilst carrying out the duties set out in the Temporary placement credential, the Employee will remain accountable to your employer for your conduct and behaviour. The Employee confirms that they understand that the Receiver will provide details of any misconduct, breach of polices or other actions giving rise to concern to the Receiver, to the Issuer.
33. Whilst performing the duties set out in the Temporary placement credential you will properly and diligently follow the reasonable day-to-day instructions of the Issuer and their staff.
34. During your attendance at the Receiver it is confirmed that your will be covered under the Receiver's membership of the NHS indemnity arrangements when you are performing duties in accordance with this licence and, if you are a clinician, in respect of the care and treatment you provide to patients of the Receiver. You shall provide all reasonable information and assistance to the Receiver or Issuer in the event of any complaint or claim arising out of any alleged actions or omissions connected to the performance of the duties set out in the Temporary placement credential.
35. The Employee must decline any duties or responsibilities for which the Employee does not have the necessary skills, experience, qualification or training.
36. The Receiver accepts no responsibility for your personal property whilst on the Receiver's premises or for any vehicles parked on Receiver premises. It is recommended that the Employee make adequate insurance provision to cover your personal property as the Employee deems necessary.
37. The Receiver may provide you with information of a confidential nature which is or may be private, confidential or secret, being information or material which is the property of the Receiver. Such information must be treated as confidential and must not be disclosed except in accordance with any statutory or other legal requirement. This obligation shall continue after the expiry or termination of this licence.
38. Personal data must also be collected, handled and used in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation. You should be aware that unauthorised disclosure of personal data by you may result in the Receiver terminating this licence with immediate effect and may also lead to personal liability. The appropriate GDPR lawful basis for the use of data captured for the purposes of the Digital Staff Passport has been captured in the Privacy Notice. 
39. If the Employee is in breach of any of the terms or conditions of this licence or if the Employee commits any act which the Receiver reasonably considers amounts to misconduct or to be disruptive and/or prejudicial to the interests and/ or business of the Receiver or may amount to a criminal offence, the Receiver may notify the Issuer, and any regulator, it deems reasonably necessary.
40. All copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered) and all other similar proprietary rights (whether registrable or not) in any work or other matter which arises wholly or partly in connection with the Employee's performance of duties under this Licence shall at all times be the property of the Receiver. You shall give all such co-operation and do all such things as the Receiver and/or the Issuer may reasonably require to register or to protect each and every such right. You waive all present and future moral rights in any copyright works in favour of the Receiver.
41. This licence will automatically terminate on the termination of your current contract of employment with the Issuer.
42. This licence will automatically terminate if the Issuer refuses consent for you to continue providing services in any workforce sharing arrangement.
43. If you are subject to any disciplinary action or investigation by the Issuer, regulator or any other employer or similar or any type of suspension or exclusion or limitation to your practice, you shall notify the Receiver immediately and you shall not attend the Receiver's premises unless the Receiver confirms in writing that it wishes you to continue to do so, in accordance with the terms of this licence.
44. On termination of this licence you will immediately deliver to the Receiver all documents relating to the Receiver's activities as well as any access fob, laptop, tablet, mobile and any other equipment or other property of the Receiver or any patients of the Receiver which may be in your possession or control.
45. You shall either return to the Receiver or, at the Receiver's election, irretrievably delete any information relating to the business of the Receiver and all materials derived from such sources which is in your possession, custody, care or control outside the premises stored electronic or on any magnetic or optical disc or solid state storage device of any kind.