It is appreciated that changes toa complex system can be troublesome and take some adjusting too. The payment comes after the Court of Appeal ruled in June 2019 that employers must consider any regularly worked overtime into holiday pay calculations. 30. The Court of Appeals latest judgment ruled that regular voluntary overtime should be considered when calculating annual leave under section 13.9 of the Handbook. 50. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. This assessment covers the impact of equalities in England only. Corrective payments are based on the actual overtime payments staff received in the financial years 2019-20 and 2020-21 so will already reflect cost of living increases.2. Should this payment be uplifted to 16 per cent? Once you've passed the OSCE and NMC has granted your PIN, you can start to work and be paid as a Band 5. 43. Do you understand your pay? Indeed, Figure 2 at Annex C shows that a proportionate number of those who undertook additional activity declared they had a disability (around 4%). As we scrutinise how we are being paid in the NHS, working Sundays and bank holidays provide twice as much enhancement than nights and Saturdays. The framework agreement applies to staff employed by an NHS employer (as set out in Annex 1 of the handbook) as of 31 March 2021. Lets dive in with the salary dissection. 14.2K Posts. My understanding is that the WTD is required for internal bank regardless of the 40 hours a week. As an overseas nurse, you will start as a Pre-registered nurse on a Band 4 pay scale. There has been a change in the way Trusts need to pay WTD entitlement, moving away from the current WTD payment to the AfC average method (see below for details). News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. H. This Framework Agreement has been developed in full awareness of the Public Sector Equality Duty (PSED) and the duty to comply with it. 59. For instance, if she worked 10 hours overtime the computation will be like this and will be then added to her gross pay. 4.3 The trade unions confirm that they will recommend the corrective payments to members as a preferable alternative to taking further legal claims or pursuing existing claims relating to overtime payments in respect of any time in the period up to and including 31 March 2021. 35. Does this override any local agreements to resolve historic issues related to the calculation of pay on annual leave and overtime payments outside the timescales set out above? We often link to other websites, but we can't be responsible for their content. Where staff are part-time, only the hours accrued for Bank Holidays need to be recorded under the Bank Holiday reason, any remaining hours will need to be recorded as Annual Leave, by submitting two partial day requests. 38. Section 13.9 of the NHS terms and conditions of servicestates that: Join us on 4 October for our annual guardians of safe working hours virtual conference. Pay during annual leave will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements. To be eligible for a corrective payment in either or both financial years a member of staff will need to meet the eligibility criteria set out in the framework agreement. eRoster contains the new annual leave type of Bank Holiday that can be selected within Employee Online or on the roster. The application of the single scalar of 16% potentially benefits younger staff with less service and works to the disadvantage of older staff with longer service. Fair treatment of workers is an issue worldwide and in almost every setting. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. However, records of the payments made for overtime, and additional standard time, are kept. You can also view our FAQ Page for Working Time Directive. Yes, employers will need to calculate and apply an appropriate top up the 12.5 per cent for part-time staff to 16 per cent, so as not to indirectly discriminate, An agreement has already been reached in Scotland, NHS terms and conditions of service handbook, NHS terms and conditions of servicehandbook. Pay is. c /boO.M TAXABLE PAY 7180.50 PENSIONABLE PAY 1516.79 TAXABlE PAY 1425.78 NI L.El-TER D TAX PAID 907.50 TAX PERIOD 6 NONTAXABLE PAY 0.00 NIPA'f 7638.84 011-lER Nl PAY PREVIOUS TAXABLE PAY 0.00 FRQUEtoiCY Monthly TOTAL PAYMENTS 1516.79 The proportion of staff who undertake additional activity and eligible for a corrective payment, is similar to that for the wider workforce we do not envisage any significant equality impacts on this basis. NHS employers are committed to using all reasonable endeavours to make corrective payments to all eligible staff by 30 September 2021. There appear to be no barriers to staff meeting the eligibility criteria. The 16 per cent multiplier has been agreed to reflect a combination of the period of time that overtime was not included in annual leave pay calculations, the number of eligible staff, the overall estimated cost of the framework agreement and annual leave entitlement set out in theNHS terms and conditions handbook. There may be some occasions where, for reasons of a protected characteristic, someone has not been able to meet the eligibility criteria (for example, maternity, or long-term disability related sick leave). The intention of the Framework Agreement is to resolve all claims in connection with any allegedly underpaid holiday pay relating to overtime payments not having been included in holiday pay under Section 13.9 or the Working Time Directive or the Working Time Regulations 1998 up to and including 31 March 2021. No. Staff on long-term sick for a reason relating to their disability may be disadvantaged such that they are excluded from consideration for a corrective payment. In some Trusts, bank shift is paid flat rate which means she will get whatever her normal hourly rate is and enhancements depending on the shifts shes done. Further the scalar of 16% is a generous provision and means that the annual holiday entitlement for all staff is respected. Well send you a link to a feedback form. Introduction NHS Payslip Explained! Further detail on the make-up of the AfC workforce by protected characteristic is set out at Annex C. 22. 19. In preparing this equality analysis, consideration has been given to all the statutory objectives under s149 EqA: the need to avoid unlawful direct discrimination, indirect discrimination or harassment; the need to advance equality of opportunity; and the need to promote good relations between different groups. The national payroll system, the Electronic Staff Record (ESR) will publish information taken from the national payroll system which will help employers identify which staff will be eligible for a corrective payment and how much each member of staff will receive. In simple terms, almost all workers, except those who. No. 15. This is the National Insurance. For the avoidance of doubt all claims for underpaid holiday pay relating to overtime payments up to 31 March 2021 are intended to be resolved and corrected by the terms of this Framework Agreement and not pursued. To help us improve GOV.UK, wed like to know more about your visit today. The Flowers legal case has been ongoing for a number of years and has progressed through the Courts, the latest Judgment (from 2019) is from the Court of Appeal and is the current position in law. This is a term used to describe payments made to employees to cover the loss of enhancements when taking annual leave. For this protected characteristic, the impact on the ability of staff to meet the eligibility criteria may be affected by, for example, the need to take time away from their workplace, the need to take sick leave. Staff will need to provide evidence, for example, their payslips, payments that they have received for either overtime, or additional standard time. Thereare further training sessions available here to support with using Employee on-line - see below. WTD on a pay slip/stub means working time derivative. Such requests are best managed through Employee on-line app - where there is a question about how much bank holiday leave a colleague is entitled to, for example, if they are part time - Greg (eRoster Manager) has created. This has been a national change to ensure correct ongoing payment when on annual leave. The Electronic Staff Record (ESR) will work with NHS employers to provide guidance on the types of payment that should be included within the descriptions of overtime in payroll systems.5. This assessment is not static, further work on the equalities impact of the changes will continue during and following implementation and we are working with NHS England and Improvement (NHSEI) and NHS employers (NHSE) to understand the optimal approach. There appear to be no barriers to BAME staff meeting the eligibility criteria. It provides a corrective payment for the two-year period prior to make sure overtime is included in the calculation of holiday pay from 1 April 2021. be employed by an NHS employer (as listed in. *If you normally record your bank holidays (all part-time employees and usually those that work shifts) then the new way of identifying the bank holiday applies to you. National discussions have taken place to clarify how NHS employers should interpretsection 13.9 of the handbook. What about the periods before 1 April 2019? - 11 hrs x 0.60 = 6.60 (unsocial hrs to be paid) --- 6.60 hrs x15.39 (hourly rate) = 101.64, This stands for the Working Time Directive in line with European Union legislation which sets minimum requirements for working hours, rest and annual leave for employees to maintain their health and well-being. This information is important to help employers determine if staff are eligible. This is her personal tax allowance. Yes. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. Salary for a point 1 Band 5 normally starts at 25,655 per year and will increase annually provided you have completed your annual appraisal. 'Pay during annual leave will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements. Yes, employers will need to calculate and apply an appropriate top up the 12.5 per cent for part-time staff to 16 per cent, so as not to indirectly discriminate against part time workers. Doctors' rights. In those circumstances, it is considered that the use of the scalar is clearly justified and therefore not discriminatory. - 23 hrs x 0.30 = 6.90 (unsocial hrs to be paid) --- 6.90hrs x 15.39 (hourly rate) = 106.26, - 32 hrs x 0.30 = 9.60 (unsocial hrs to be paid) --- 9.60 hrs x 15.39 (hourly rate) = 147.84. 1.2 Subject to the eligibility criteria set out in paragraph 2.4, an employee may be eligible for a corrective payment in respect of either or both the financial years of the corrective payment period. Furthermore, the analysis also concluded that any alleged age discrimination involved in the requirement of being employed as at 31 March 2021 is justified. It would also mean that the costs involved in giving effect to the Framework Agreement are highly likely to mean that it would not be practicable to apply it to ex-employees. They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. It is the first significant reform of NHS pay since the Health Service was established in 1948. However, rather than support staff through individual legal cases, the NHS trade unions strongly support a negotiated agreement. Will this payment affect state benefits received by staff? Finally, the period summary gives you an overview of your gross pay and all the deductions that have been made. To facilitate this change Trusts currently paying WTD need to move to the alternative method of paying this entitlement through a payment called AfC (Agenda for Change) Average. For staff who are on maternity or parental leave, they will be subject to the provisions and the law that apply to such staff including in connection with issues of holiday pay. Employers are responsible for calculating this following the guidelines from HM Revenue and Customs (HMRC). In your payslip you may notice a WTD payment, this is a working time directive payment in lieu of holiday pay, paid at 10.17%. However, where overtime is not taken off in lieu within three months, and is paid as overtime in line with section 3 of theNHS terms and conditions of service handbook, this will qualify as overtime. However, the evidence suggests that implementation across NHS organisations in England is inconsistent and that overtime has not, in a number of cases, been included in holiday pay calculations. Our previous advice was that payments should be processed by the employer where the original work was undertaken and may mean that an individual receives a payment from multiple organisations. NHS Terms and Conditions annual pay scales for 2021/22. 70. The webinar will also focus on the following topics: Two upcoming sessions are scheduled for this webinar: Find out moreinformation, including booking details on the ESR website. ESR is being updated to include an extra reason field when you book/record annual leave, further details will be sent when available. Overnight workers are also not eligible to sign this opt-out form and must work no more than eight hours per shift. This sort of reward for working out of hours can make you earn extra money apart from overtime and bank shifts which we will be tackling shortly. This publication is available at https://www.gov.uk/government/publications/nhs-holiday-pay-for-voluntary-overtime-equalities-impact-assessment/calculation-of-holiday-pay-under-the-nhs-handbook-for-regular-voluntary-overtime-equalities-impact-assessment. The NHS Staff Council hasagreed a frameworkto help NHS employers make corrective payments to eligible employees for the period between 1 April 2019 and 31 March 2021. Figure 6 at Annex C shows that the religious breakdown of the AfC workforce is 45% Christian, 3% Muslim, 2% Hindu,2% Sikh, 1% Buddhist, with the remaining 32% either Atheist, not disclosed or not known. Data from NHS Digital confirms that around 78% of NHS employees are white, 18% from Black, Asian and minority ethnic (BAME) backgrounds, with the remainder not stated. The relevant protected characteristics are: 8. Yes. The same multiplier and eligibility criteria will apply to eligible part time staff for any payments received for work above their contracted hours. Is unsocial hours pay included in this framework agreement? Ensuring procedures regarding payment of salaries are in line with these procedures. In contrast to the above, the degree of any discriminatory impact of the requirement of being employed on 31 March 2021 is very limited indeed. This option is also favoured by trust leaders. East of England Ambulance Service NHS Trust currently have a pending appeal to the Supreme Court with the aim of reversing the Court of appeal judgement. As such, while the analysis identified points of note, it found any discrimination is very limited and can be justified or mitigated. The nhs I work for include the WTD payment @12.07% as part of the hourly wage and they state we are on 9.68 per hour. All parties to the Framework Agreement are agreed that it is crucial to have a limit to those to whom these Framework Agreement and corrective payments apply. Source DHSC Analysis of Electronic Staff Record. The data can also be found on NHS Digitals website. Are hours worked on a trust bank included in the Framework Agreement? It follows from all of the above that the discriminatory effect, if any, of the scalar is extremely limited and no realistic alternative exists. Overtime hourly rates usually depend on each Trust or department within it. NHS pension? 63. This suggests that a declared or undeclared disability would not itself prevent staff from working additional standard hours or beyond full time hours. 71. 1.3 For the avoidance of doubt, this Framework Agreement is premised on the commitment of the parties and on relevant employees and NHS employers respecting its terms and not making any claims in any Court or Tribunal for payments in connection with allegedly unpaid holiday pay at any time prior to 31 March 2021, which claims are of the nature of the claims resolved by the terms of this Framework Agreement. Both eRoster and ESR have been updated to reflect this new requirement. The Framework Agreement aims to deliver, in partnership with trade unions, an agreement on corrective payments for eligible staff which is fair to staff and the taxpayer. We understand there is some misunderstanding around this so are providing the following clarification. You will be automatically enrolled in the NHS pension scheme as you start your employment to the Trust. 16. The PSED requires a public authority (which includes NHS organisations and the SofS) to have due regard in relation to each of the protected characteristics set out in s149 EqA. 8. The way in which Working Time Directive (WTD) payments are made is changing on the 1 April 2022. Will this payment be pensionable? You can use three available alternatives; typing, drawing, or uploading one. F. This Framework Agreement and the corrective payments made pursuant to it are in respect of all overtime (regularly-worked voluntary overtime, non-contractual overtime and excess hours). If an individual meets the eligibility criteria, they will be eligible for a corrective payment based on the overtime pay they received in one, or both, financial years 2019-2020 (1 April 2019 to 31 March 2020) and/or 2020-2021 (1 April 2020 to 31 March 2021). The calculation of corrective payments will include all overtime and additional hours worked in the financial years 2019-2020 (1 April 2019 to 31 March 2020) and/or 2020-2021 (1 April 2020 to 31 March 2021) where the criteria in the framework agreement is met.3. Find out about the Energy Bills Support Scheme, NHS holiday pay for voluntary overtime: equalities impact assessment, Addressing the impact of the holiday pay Framework Agreement on equalities by each protected characteristic, nationalarchives.gov.uk/doc/open-government-licence/version/3, Employer Side Chair of the NHS Staff Council and Director of Workforce & OD, Manchester and Trafford Local Care Organisation, Head of Health, UNISON and Staff Side Chair of the NHS Staff Council, For staff who have regular hours the reference period should be based on the previous 3 months at work or any other reference period that may be locally agreed, With effect from 6 April 2020, for staff who have irregular hours the reference period should be based on the last 52 weeks. Take a look below to see how much enhancement you will get for each shift. 40. Relaxing the regularity criteria for those staff who are either pregnant, on maternity or parental leave would mitigate the risk that they are excluded from consideration for a corrective payment. In November 2020 the Secretary of State for Health and Social Care (SofS) issued a mandate for negotiations to seek to reach a resolution for the NHS as a result of the Flowers legal case. 3. NHS employers will agree an appeals process with trade unions under local partnership working arrangements to resolve any issues. Since nurses work on shifts to care for patients 24/7, unsocial hours such as night shifts, weekends and bank holidays have enhanced payments. The effect of that is that the use of a single scalar is in practice the only possibility. E. NHS Staff Council will have a role in providing guidance and information to support the process of making the corrective payments. An agreement hasalready been reached in Scotland. To some extent this may reflect the composition of staff who choose to or are able to work overtime. 36. The assumption is that these staff would meet the eligibility criteria for a corrective payment and that the need to relax the eligibility criteria is unnecessary because there would be no direct or indirect discrimination. Funding arrangements will be confirmed by NHS England and NHS Improvement or DHSC, through usual financial reporting channels.3. A PCP that causes a disadvantage is lawful if it is justified (that is, is a proportionate means of achieving a legitimate aim). The webinar is aimed at HR professionals and payroll users and will explain how to base staff's annual leave pay on their average pay and how this differs . 51. Please email [email protected] and the team will send you a Microsoft Teams invite to join a session. 4.4 The trade unions agree that they will not provide any support for individuals who pursue future legal claims, against employers listed in Annex 1 of the NHS Terms and Conditions of Service in either the Employment Tribunal or the County or High Court in connection with taking overtime into account for the calculation of paid annual leave, under section 13.9 of Agenda for Change or the Working Time Directive or Working Time Regulations 1998 up to and including 31 March 2021, which claims are of the nature of the claims resolved and corrected by the terms of this Framework Agreement. Your amount of contribution will be based on your salary. Please match your paper statement to one of the samples below and follow the appropriate link to our secure online payment system. 5. tackling shortly. There are c.1.2m (head count) AfC staff. Editor, Marcus Herbert. What about TOIL? 5. 28. You need to join the NHS staff bank in order to work Bank shifts. So babyroobs is right, I think, that you don't get extra pay when you take annual leave, but you do get WTD pay when you work, which is an extra 12.5% of your enhancements and covers the cash value of the annual leave that you should get for working those hours, so that when you take leave you've been compensated in advance. Yes, providing they meet the eligibility criteria, all payments for overtime and additional standard time will be included in the calculation of the corrective period in line with this framework.4. This week I explain to you the NHS payslip? 06/05/2017 21:23. Why is the multiplier set at 16 per cent? 34. As part of this, it aims to support the resolution, at a local level, of any existing and ongoing claims in either the Employment Tribunal or the County or High Court, regarding the inclusion of overtime (for example, regularly worked voluntary overtime, non-contractual overtime, and excess hours) under Section 13.9 of the Handbook or the Working Time Directive or the Working Time Regulations 1998 when calculating annual leave. This means staff are able to take time away from work equivalent to the extra hours worked. - the number of hours youre contracted to work (37.5 for full time). The criteria and the terms of the Framework Agreement do not and should not inform the correct interpretation of section 13.9 of the Handbook from 1 April 2021 onwards. Which A: I haven't noticed but B: seems to be less that stat minimum? 2.1 An employee must satisfy the agreed eligibility criteria set out in paragraph 2.4 in the financial year(s) in question in order to receive a corrective payment for that financial year. 17. In addition, female part-time staff are less likely to work regular overtime (additional hours beyond the FTE for their role compared to male staff). No. Further any attempt to do so would involve extremely extensive delays and would be very likely to mean that there could not be any concluded agreement for a very extended period of time. Continue to book and record leave on the roster and this will be transferred into ESR as normal, but you will now also need to identify bank holiday leave separately.
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