Editor, Marcus Herbert. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. The NHS Staff Council has agreed a framework to enable NHS employers in England to resolve issues in relation to the correct calculation of pay while on annual leave, in respect of regularly worked overtime and additional standard hours (AST), under the NHS terms and conditions of service (Agenda for Change). For example, in the ambulance sector, payments made for compulsory shift over-runs during statutory annual leave. 134.70 (contracted hours per month) x 15.39 (hourly rate) = 2074.38. This means staff are able to take time away from work equivalent to the extra hours worked. 40. 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. While an SQL MTD and YTD calculation in SQL cannot directly give you the numbers you need for this calculation, you could add a few months together to end up with a 17-week period and then complete the same equation as above. All staff who meet the criteria will be eligible to receive a corrective payment based on the amount of overtime completed in each financial year. Taxes, taxes, taxes. The draft Framework Agreement, subject to final agreement between staff and management side, is at Annex B. Section 13.9 of the AfC Terms and Conditions states that Pay is calculated on the basis of what the individual would have received had he or she been at work. Take a look below to see how much enhancement you will get for each shift. 33. These pay elements, which are shown on staffs pay slip, will be used as the basis to determine if they have completed additional activity. It is for use by workers or employers. 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. This leave time does not count as WTD pay and extends the length of the WTD period. take note of these figures as you need these if you need to contact HMRC or tax office for any reason. Hence, she contributes 9.3% of her salary. This approach mitigates the risk of direct or indirect discrimination, advances equality of opportunity and promotes good relations between different groups. Should this payment be uplifted to 16 per cent? Lets dive in with the salary dissection. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Yes. It just means your hourly rate will still be the same but your salary will be less than a full time staff because you have worked less hours. This figure may be higher as we cannot guaranteed that everyone declared their disability. 4.1 Employers and trade unions agree to work collectively with the joint aspiration (both nationally and locally as needed) to resolve outstanding litigation on the issue concerning overtime payments. We often link to other websites, but we can't be responsible for their content. Some NHS Trusts especially in London give better rates for bank shifts but will still be Trust dependent. This paper analyses the impact of the proposed corrective payments. '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. This paper provides an analysis of the expected equalities impact of the corrective payments (paid pursuant to the Framework Agreement). WTD?? We also use cookies set by other sites to help us deliver content from their services. The UK is well known for collecting high tax rates and high cost of living. tackling shortly. 46. Staff will be informed by their NHS employer if they are eligible. For further information on EWTD, Indemnity, New Deal and Junior Doctor Monitoringplease see below guidance. Comms69 Forumite. G. This Framework Agreement only covers NHS employers in England, as set out in Annex 1 to AfC (an NHS employer). This suggests that a declared or undeclared disability would not itself prevent staff from working additional standard hours or beyond full time hours. Section 13.9 of the NHS terms and conditions of service states that: '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. AFC in Summary. 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. Anne works from her home office in rural North Carolina, where she resides with her husband and three children. What corrective payment will part time staff receive? The case of Flowers v East of England Ambulance Service NHS Trust concerns the interpretation of the Working Time Directive, Working Time Regulations 1998 and section 13.9 of the NHS Terms and Conditions of Service Handbook (agenda for change - AfC), and the treatment of overtime payments and, in particular, payments for voluntary overtime in the calculation of holiday pay. 48. This agreement is for England only. 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. Will this payment be pensionable? PDF Bank Payslip Example - Frimley Health NHS Foundation Trust Staff who meet the eligibility criteriain the framework agreementwill receive a corrective payment of 16 per cent (the multiplier) of the total pay for overtime, and additional standard time, received in the financial year 2019-2020 (1 April 2019 to 31 March 2020) and/or 2020-2021 (1 April 2020 to 31 March 2021). Only employees who have worked overtime or additional standard time in a minimum of four months out of the twelve months in the financial year 2019-2020 (1 April 2019 to 31 March 2020) and/or 2020-2021 (1 April 2020 to 31 March 2021) will be eligible to receive a corrective payment. I currently earn 8.64 per hour and enhancements are +33% for Saturday and Nightshift and +66% on a Sunday. Is unsocial hours pay included in this framework agreement? Pensionable Pay (2474.77) x .093 = 230.15. 64. The framework only applies to staff employed by an NHS employer (as listed in Annex 1 of the handbook) on 31 March 2021. 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. Northern Ireland Direct: Calculating Your Working Time. This is a term used to describe payments made to employees to cover the loss of enhancements when taking annual leave. A percentage multiplier is the most pragmatic means of calculating a corrective payment based on the payments already made for the overtime and additional standard time worked.5. 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. We use some essential cookies to make this website work. Annex C Figure 4 provides data by age of the agenda for change workforce. However, two rulings by the European Court of Justice made compliance 4. A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1). This paper assists the SofS in having due regard to his Public-Sector Equality Duty (PSED) under s149 of the Equality Act 2010 (EqA) as set out in Annex A. The parties are very mindful of the importance of equalities in regard to the matters dealt with in this Framework Agreement and Guidance will be issued by Department of Health and Social Care on the implementation of this Framework Agreement taking into account equality issues under the Equality Act 2010 including the fulfilment of the Public Sector Equality Duty. For the purposes of thecorrective payments framework agreementonly, NHS employers and the trade unions have agreed that four months in each financial year is an appropriate threshold for establishing regularity of overtime. NHS Employers writes to the Secretary of State for Health and Social Care ahead of the proposed industrial action by the RCN. Let's do a deep dive and look at the details of a Band 5 Nurse's salary. 49. Depending on local policy and practice, overtime, or additional standard time, is any paid time above your contractual hours, normally worked either as time after your normal finish time (for example a shift overrun where you had to continue working) or volunteering for additional shifts agreed in advance as overtime. These payments will be subject to tax deductions and national insurance deductions at source.9. An employer has historically made a WTR payment of 12.5 per cent to part-time staff for additional hours up to 37.5 hours per week. As you may be aware there has been a recent employment law case (Flowers v East of England Ambulance Service NHS Trust) of which the outcome is that regular overtime should now also be included in these payments. 3. Theframework agreementapplies to staff employed by an NHS employer (as set out inAnnex 1 of the handbook) on 31 March 2021. An agreement hasalready been reached in Scotland. As such, while the analysis identified points of note, it found any discrimination is very limited and can be justified or mitigated. There are c.1.2m (head count) AfC staff. 4.5 It is agreed that it is the aim of the parties that existing and ongoing claims in either the Employment Tribunal or the County or High Court shall be resolved at a local level between claimants and NHS organisations, with the trade unions facilitating such resolution. Currently employees are paid 12.5% WTD on all enhancements and additional hours up to full-time (for part-time employees only). 8. 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. 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. Your NI contributions will depend on how much you earn. 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. Are hours worked on a trust bank included in the Framework Agreement? Regular overtime is where an employee has received overtime payments in at least 6 out of the previous 12 months. No further corrective payments will be made. The pay enhancement is the fixed percentage of the number of hours worked outside the standard working times. 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. NHS employers and trade unions have agreed to work collectively (both nationally and locally) to resolve outstanding legal claims. Well send you a link to a feedback form. Yes. New Hampshire passed such a program in 2019 - paid for by a payroll deduction - and it would have offered 12 weeks of benefits, rather than six, for about $5 a week. Occupational sick pay R Refund of deductions SMP Statutory maternity pay SSP Statutory sick pay WTD Working Time Directive NR Non recurring pay element Local Grp This is a local pay element/ allowance defined by your ESR employer - Please refer to your pay document for further details Sal Sac Grp Salary sacrifice Add Basic Pay Additional . Overtime and Bank shifts are helpful to gain extra income but just be mindful that doing so many hours extra may cost you more tax. Looking around the web for NHS zero hours contracts does not produce much some are 1in 9 1in12 etc so probably out of date stuff (thats the web for you). 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. Furthermore, the analysis also concluded that any alleged age discrimination involved in the requirement of being employed as at 31 March 2021 is justified. 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. B. National discussions have taken place to clarify how NHS employers should interpretsection 13.9 of the handbook. 2.4 Employees must satisfy the following criteria to be eligible for a corrective payment: a) they must be employed by an NHS employer on 31 March 2021, b) they must have received payments in respect of overtime (as defined in paragraph F) in a minimum of 4 months out of any of the 12 months in the financial year 2019 to 2020 (1 April 2019 to 31 March 2020) or 2020 to 2021 (1 April 2020 to 31 March 2021), c) paragraph 2.4(b) immediately above is subject to the guidance referred to in paragraph J in the Introduction and context section of this Framework Agreement which guidance will include examination of the need to refine the terms of clause 2.4(b) in the light of the impact of protected characteristics in terms of the application of clause 2.4(b). How will employers receive funding for this? "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. 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. This multiplier is intended to appropriately compensate eligible staff. Join the NHS Electronic Staff Record (ESR) for its webinar on average pay under the NHS terms and conditions of service (Agenda for Change). Addn Roster Hours NP gives your monthly pay for any additional hours in the month above the 40 standard hours. 24. So if you work part time at 31 hours, you will be paid pro rata, which means your salary will be in proportion to a full time pay. 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. Why is the multiplier set at 16 per cent? Your amount of contribution will be based on your salary. 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. Children under the age of 18 are not eligible to sign this form and must not work more than eight hours per day and 40 hours per week. 42. No. Does the corrective payment take account of the extra hours worked during the pandemic? It is crucial that annual leave is recorded in the roster accurately and timely with rosters being finalised as per current deadlines. They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. My wtd / holiday pay payment is made every three months . The Working Time Directive has applied to the vast majority of employees in EU member states since 1998, including consultants and doctors outside training. A wage slip is intended to give a person a record of their most recent paycheck, which includes a given pay period. 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. Approximately 44% of female staff work part-time compared to 16% of male staff. However, rather than support staff through individual legal cases, the NHS trade unions strongly support a negotiated agreement. This analysis finds, all staff meeting the Framework Agreements eligibility criteria (see Annex B), regardless of protected characteristics, should be eligible for a corrective payment. NHS Payslip Explained: Will NHS Staff Get A Pay Rise In 2022? 3. WTD on a pay slip/stub means working time derivative. For instance, if a worker takes 10 days of leave in a period, that period must be extended by 10 days before WTD can be calculated accurately. However, we now advise that payments should be processed by the new/current employer. 19 January 2022. Again, the hourly rate depends on the budget of the NHS Trust. Many businesses track worker hours in a structured query language database, which can help with WTD calculations. Pay is. 3.3 Each NHS employer will use all reasonable endeavours to ensure that the corrective payments are completed and paid to relevant employees by 30 September 2021. What is more the existing national system of payroll simply does not and cannot provide a breakdown of staff by reference to their length of employment and resultant holiday entitlements. Overtime hourly rates usually depend on each Trust or department within it. 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. 5. eRoster contains the new annual leave type of Bank Holiday that can be selected within Employee Online or on the roster. 9. National Insurance is the UKs tax system that requires all the workers and employers to make regular monthly payments to gain access to state benefits. NHS employers are urged actively to consider whether adjusting the criteria for eligibility should be adjusted in order to ensure that those with disabilities are not disadvantaged. Both sides are aware of the legal and resource costs to staff and employers of supporting or defending individual members legal claims. 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. Do you understand your enhancements? 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. A PCP that causes a disadvantage is lawful if it is justified (that is, is a proportionate means of achieving a legitimate aim). These payments are non-pensionable and will be subject to employer deductions for tax and NI.4. However, we think it unlikely that staff would face a barrier in either working additional standard hours or working beyond their contracted full time hours during the corrective payment period. 27. Anatomy of NHS payslip -- How much do UK - Filipino UK Nurses Forumite. Staff working from home shielding or self-isolating due to COVID-19: where staff may need to shield, self-isolate and or working from home due to COVID-19, there may be limited opportunity to work additional standard hours or beyond their full time hours. Most NHS employers use the Electronic Staff Record (ESR) HR and payroll system to manage payments to staff. Local Induction Manager Responsibilities, Welcome To Non-Medical e-Rostering & Temporary Staffing, Acute Care Team Resuscitation Department, RCUK eALS e Advanced Life Support 1 day course, European Paediatric Advanced Life Support (EPALS), Advanced Life Support Recertification RC (UK), Paediatric Immediate Life Support RC (UK), Adult Basic Life Support (CSF Level 2 ALL CLINICAL STAFF), Adult Basic Life Support (Non-patient care staff & volunteers) CSF Level 1, R.E.A.C.T (Becoming part of the CRASH response 2222 team), Widening Participation & Apprenticeship Team, Business, Administration & Customer Service Spotlights, Apprenticeship Enrolment & Recruitment Resources, Business, Administration & Customer Service Spotlight Resources, Leadership & Management Spotlight Resources, Legal, Finance & Accounting Spotlight Resources, Business, Administration & Customer Service Apprenticeships, Legal, Finance & Accounting Apprenticeships, Functional Skills English and Maths GCSE equivalent, Employee Self Service (ESS) including e-Learning, Nursing and Midwifery Council (NMC) Health and Care Professions Council (HCPC) and Referrals, International Medical Graduates & LED Doctors, Incident Reporting & Collective Exit Process, Evaluation of Educational Experience (EEEs). 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. Payroll departments will calculate the payment and notify staff of the amount and date of payment. 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. There appear to be no barriers to staff meeting the eligibility criteria. Calculating average pay in ESR webinar | NHS Employers An agreement has already been reached in Scotland. The paper is intended to assist the SofS in considering whether the Framework Agreement should be subject to amendment before implementation. 63. An NHS employer has a local agreement in place and has been making some payments already for non-guaranteed overtime on statutory annual leave. 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. 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? It's been few days since you have seen your latest payslip. I hope this article provided a deeper insight on how you view your payslip and better understanding on how you should be paid. It is crucial that annual leave is recorded in the roster accurately and timely with rosters being finalised as per current deadlines. The gender breakdown shows that the majority of the NHS workforce covered by the Handbook is female. During the 2-year corrective pay period, staff who are pregnant may choose to reduce their discretionary effort, for example, they may choose to work fewer hours (if any) beyond their contracted hours, they may also be on long-term sick leave, or shielding for a reason relating to pregnancy. Calculating WTD for an example or two could help you better understand how to calculate WTD pay for your employees or what data to enter in a working time directive calculator. In simple terms, almost all workers, except those who. In the UK, employees are paid per hour for the hours that they have worked in a month. Figure 1 at Annex C shows that around 80% of the AfC workforce is female. There appear to be no barriers to staff meeting the eligibility criteria. The existing legal claims lodged in the Employment Tribunal or the County or High Court, will be resolved through local settlement discussions between the relevant employer and the claimant along with their legal adviser. Figure 2 at Annex C shows that 4% of the AfC workforce have a declared disability. It will be the same computation for Bank Holidays as well. The EAT and Court of Appeal held that payments for regular voluntary overtime were to be included in the calculation of holiday pay. From 1April 2022 the way in which WTD payments are made has changed in response to the ruling in the Flowers v East of England Ambulance Service NHS Trust case. Will staff still get a payment? 14. First eight digits of your employee number; If you have more than one post, it will be indicated with -2 -3 and so on. 55. Thereare further training sessions available here to support with using Employee on-line - see below. Now, different categories of unsocial hours are paid differently. Joint negotiations began between NHS employers and NHS trade unions in December 2020 and concluded on 1 March 2021 with agreement reached in principle on a corrective payment made pursuant to the terms of a Framework Agreement. ESR is being updated to include an extra reason field when you book/record annual leave, further details will be sent when available. For example, evidence shows that ambulance staff are the most likely to undertake additional activity, and are less ethnically diverse than other staff groups, over 90% of the ambulance workforce is White. 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. Members of staff in receipt of state benefits dependent on NICs should contact their benefit provider. 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. Some professions have different WTD rules. The NHS ESR central team are delivering a webinar to provide an overview of the Agenda for Change (AFC) average pay functionality and how it works within the ESR system. 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. In addition, it aims to ensure that NHS trade unions will facilitate such resolution. Staff on long-term sick: staff on long term sick leave (regardless of the reason or condition) during part or all of the two-year corrective pay will not be in active employment. NHS is well-known for having a comprehensive and generous pension scheme as part of its recruitment and retention strategy. Main features of the legislation are: An average of 48 hours working time each week 11 hours continuous rest in 24 hours 24 hours continuous rest in 7 days (or 48 hours in 14 days) A minimum break of 20 minutes in work periods of over 6 hours If someone is on long term sick leave or shielding or self-isolating due to COVID-19, for reasons relating to their disability (or another protected characteristic), they may be disadvantaged, as such the below should also be considered. - the number of hours youre contracted to work (37.5 for full time). a rest break if the working day is longer than six hours. If your salary exceeds 40,000, that will have different number crunching process. 60. Please match your paper statement to one of the samples below and follow the appropriate link to our secure online payment system. Employers should make arrangements to process payments in these circumstances. Relaxing the regularity criteria for those staff on long term sick leave for a reason relating to their disability would mitigate the risk that they are excluded from consideration for a corrective payment. The case relates to the treatment of overtime payments and in particular payments for voluntary overtime in the calculation of holiday pay and the interpretation of the Working Time Directive and Section 13.9 of the Handbook which describes the calculation of pay during annual leave. NHS employers are committed to using all reasonable endeavours to make corrective payments to all eligible staff by 30 September 2021. The framework agreementprovides for corrective payments covering the financial years 2019-2020 and 2020-2021 only. This means Pay As You Earn. 47. This is topped up by employer contributions. Salary/Wage - this indicates your full salary according to which point you are in the pay scale, Incremental date - shows the date that you will get your annual salary increase until you reached the maximum point, Standard Hrs. Read the agreement on how employers should calculate overtime pay whilst on annual leave.
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