No idea what contracts say. I think someone tried to find out in a FOI request a while ago, but it was refused.
The best information on this employee status I can find is from the FOI Requests I made. They were interesting in terms of who was deemed responsible for a Bounty Rep whilst they were on the ward for each of the 5 Trusts.
I got the impression it wasn't entirely as clear cut as you would think and was quite complex.
15) Who is responsible for Bounty Salespeople/Representatives on the wards?
a) Their employers
b) Bounty are responsible for their representatives on the ward, however, the ward sister is responsible for the women on the ward. If a problem is identified, the ward sister would contact a senior midwifery manager within the Trust who would contact the Bounty manager.
Bounty keep the Trust fully indemnified against any liability incurred as a result of the distribution of the Bounty Services pursuant to the agreement and Bounty take out the necessary Public Liability Insurance in respect of any valid claim in respect of any one incident.
c) Bounty area manager and ward manager/coordinator.
d) Ward Managers are responsible in part for all visitors to the ward but Bounty staff are answerable to their line management. Regular monitoring of the Bounty Service is undertaken.
e) Head of Midwifery / General Manager
I think this is perhaps part of the problem going on; as the hospital does not have direct management it makes it more difficult to take action against a Bounty rep, compared to their own staff under similar circumstances. They can't just do a disciplinary and if they have to go back to Bounty with any problems it makes the process rather more difficult (and probably something of a nuisance).
23) How do you ensure that Bounty staff adhere to the same level of professional conduct as staff employed directly by the Trust?
a) The Bounty staff are not employed by the Trust but by Bounty who will be responsible for the conduct of the staff.
b) Contract is in place which outlines standards expected. Through observation and monitoring of Bounty staff whilst they are working on the ward and from feedback from patients and surveys of patient experience.
c) Regular meetings with service providers and feedback from the ward. Bounty have a Code of Conduct.
d) See answer to question 17.
e) They follow the Trust guidelines and any professional misconduct reported would be investigated.
However, there seems there are potential real problem here over training and overseeing Bounty staff, because hospitals don't have any say in how they are trained nor did any of them assess the training that Bounty staff got.
Plus hospital staff are not actually trained to recognise or spot any unfair/aggressive sales practices (Note here none of the hospitals had done a formal review of the risk of a commercial party on a maternity ward, or didn't actually understand what a sales practice even was on this question) so how staff would actually be able to observe and report any such failings, is difficult to understand. To put it mildly.
When asked directly about accountability, the Trusts were all pretty shit in their responses tbh.
24) How accountable are Bounty held for any breaches of privacy or inappropriate sales practice?
a) Bounty are accountable for their employees.
b) Bounty do not sell items in the Trust; only give out free Bounty sample packs. The contract states that Bounty will work in strict accordance with the Data Protection Act to mail offers and product information to mothers who have expressed a wish to receive such mailings
c) They have a Code of Conduct and adhere to hospital policy.
d) This event has not occurred within this Trust although our normal procedures with providers would be followed. Any breaches of contract or terms of service provision would be addressed.
e) Totally accountable
Bottomline, as far as I see it, is the accountability that should be there (and is much more with a direct employee) just doesn't appear to there as it should be and the hospitals certainly didn't seem willing (able?) to answer questions on this properly. There seemed to be rather a lot of buck passing going on, and saying "this isn't our responsibility, this is Bounty's".
Maybe other people will read these answers rather differently, or think I'm being harsh here, but I just don't see proper procedures in place here.
I'll leave it up to others to make up their mind on this one, I think.
a) Western Sussex b) Gloucestershire (which has no photographic contact with Bounty) c) South Manchester d) Central Manchester
e) Western Suffolk