NHS HDL(2000)25

Health Department
Human Resources Directorate

 



Dear Colleague

EMPLOYMENT OF EUROPEAN ECONOMIC AREA
(EEA) NATIONALS
ENSURING LANGUAGE COMPETENCY

Summary

1. Employers are responsible for ensuring that the staff they employ have the necessary language and communication skills. A valid registration of an EEA (*European Economic Area) national from a healthcare regulatory authority is no guarantee of competence in English language or usage. This circular distinguishes between the respective roles of registration authorities (who verify the qualifications of healthcare professionals and register them to practice within the UK) and employers. This circular is aimed at those employers. Recipients should ensure that this information reaches all potential NHS employers of healthcare professionals listed below in paragraph 2. The countries that currently make up the EEA are listed in Annex A.

Background

2. There have been a number of amendments to legislation concerning language testing for EEA nationals (and others with enforceable Community rights) employed in the healthcare professions. This HDL explains the current situation. It includes good practice guidelines to help employers ensure that they appoint staff who are able to speak and write English to the appropriate standard in their NHS posts as:

  • doctors (of whatever grade or status);

  • nurses responsible for general care;

  • midwives;

  • pharmacists;

  • dentists; and

  • other health professionals whose qualifications or training are entitled to recognition under the legislation listed in Annex B


28th November 2000

______________________________

Addressees

For action
Chief Executives NHS Trusts

General Managers Health Boards

Executive Director and Dental
Director
Scottish Council for Postgraduate
Medical and Dental Education

Postgraduate Medical Deans and
Director

Heads of Academic Departments of
Nursing

Deans of Faculties of Medicine

Deans of Dental Schools

Heads of Academic Departments of
the Professions Allied to Medicine

General Manager, Common Services
Agency

Scottish Ambulance Service

For information
Chief Executive, Health Education
Board for Scotland

General Manager, State Hospitals
Board for Scotland

Clinical Standards Board for Scotland

_________________________


Enquiries to:
Mrs A Roberts
Directorate of Human Resources
Health Department
Room GW.15
St Andrew's House
EDINBURGH EH1 3DG

Tel: 0131-244 3436
Fax: 0131-244 2837


Current situation for EEA nationals

3. EEA nationals (and others with enforceable Community rights) do not have to prove to the healthcare registration authorities that they have a knowledge of English in order to have their qualifications recognised in the UK. This is now the situation for:

  • EEA nationals with EEA qualifications;

  • EEA nationals with qualifications from outside the EEA (third country qualifications); and

  • people who are entitled to be treated no less favourably than a EEA national by virtue of a right conferred by article 11 of Council Regulation (EEC) No 1612/68 (OJ No L 257, 19.10.68, p.1) or any other enforceable Community right (such as those derived from articles 48 and 52 of the Treaty of Rome) - one example is spouses of EEA nationals but employers should seek their own legal advice when such questions arise.

4. Employers are responsible for ensuring that any job applicant has the necessary language and professional skills to carry out the duties of their employment.

Action

5. For each vacancy arising, employers are advised to consider carefully the level of language competency and communications skills necessary to do the job safely and effectively.

6. Advertisements should make it clear that all applicants (whatever their nationality or country of origin) will be expected to supply evidence of their competence to communicate in English to the standard required by the post for which they are applying. Employers may wish to specify additionally what types of evidence would be acceptable - this will obviously vary depending on the job in question but should cover spoken and written language to the level required to carry out safely and effectively the duties of the job in question. Job and person specifications should also make the requirement for linguistic competence entirely clear.

7. As well as inspecting any evidence offered as part of the application, employers should ensure that the communication skills of all candidates are properly assessed during the shortlisting and interview stages of the selection process. Employers may wish to consider whether appropriate training should be given to members of appointments committees.

8. When phrasing the advertisement and planning the selection process, employers should:

  • observe European law relating to freedom of movement and the mutual recognition of professional qualifications. In addition to rights arising under the Treaty itself, there are a number of individual Directives governing the mutual recognition of diplomas in medicine, dentistry, pharmacy, nursing and midwifery. These and other relevant Directives are listed in Annex B, but recipients are asked to note that this list may be subject to alteration. If in doubt, employers are advised to obtain their own legal advice;

  • avoid assessment criteria or procedures which may have an in-built bias against people of any particular ethnic origin, nationality, religion, sex or background; and

  • be able to justify as proportionate and necessary to safeguard the public interest all tests applied during a selection process.


Filling temporary vacancies

9. Employers are also responsible for ensuring that locum or other temporary staff in these professions are competent to carry out the duties for which they are taken on. However, agencies are responsible for ensuring that the staff they supply are competent to undertake the duties they are contracted to carry out. NHS Employers are advised to use only locum and employment agencies with satisfactory quality control systems in place.


Non-EEA nationals

10. Arrangements for testing the language and professional skills of non-EEA nationals remain unchanged, and details can be obtained from the relevant regulatory authority.

Yours sincerely




ROBIN NAYSMITH
Acting Director of Human Resources

Annex A

THE EUROPEAN ECONOMIC AREA (EEA)

In October 1999 the EEA comprised the following countries:

Austria
Belgium
Denmark
Finland
France
Germany
Greece
Iceland
Irish Republic
Italy
Liechtenstein
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
UK


Recipients are asked to note that this list may be subject to alteration.

Annex B

EUROPEAN DIRECTIVES GOVERNING THE MUTUAL RECOGNITION OF DIPLOMAS

Profession

Nurse responsible for general care


Dental practitioners


Midwives


Pharmacists


Doctors

First General Education Directive

Second General Education Directive
Directive nos.

77/452/EEC
77/453/EEC

78/686/EEC
78/687/EEC

80/154/EEC
80/155/EEC

85/432/EEC
85/433/EEC

93/16/EEC

89/48/EEC

92/51/EEC


Recipients are asked to note that this list may be subject to alteration.