The relevant protected characteristics are: 8. This agreement is for England only. It is for use by workers or employers. 13. 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. These pay elements, which are shown on staffs pay slip, will be used as the basis to determine if they have completed additional activity. 4. I am paid on a NHS payslip and hold an NHS identity badge as a bank member of staff. This means that an employee could work overtime in any given week as long as he does not average more than 48 hours per week during the assigned period. D. The parties support this Framework Agreement in respect of corrective payments (as defined further in sections 1, 2 and 3 below) which are to be made to eligible employees in connection with any allegedly accrued rights or liabilities under paragraph 13.9 of AfC or the Working Time Directive or the Working Time Regulations 1998 up to and including 31 March 2021 (corrective payments). This paper provides an analysis of the expected equalities impact of the corrective payments (paid pursuant to the Framework Agreement). 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. An eligible employee may receive a corrective payment for one or both of the financial years, as outlined below under the eligibility FAQ section. 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 . Some Trust overtime rate is time and a half of the hourly rate. 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. 67. Anatomy of NHS payslip -- How much do UK - Filipino UK Nurses 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. NHS is an abbreviation for National Health Service. Shall we examine closely how NHS Nurse was paid in March 2020 apart from her basic pay? Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Yes, eligible part time staff who have worked more than their contracted hours and have received additional pay, which has not been included in their annual leave will be entitled to a corrective payment. PDF I D - Royal United Hospital Your contribution will be based on your annual salary whichever falls on the Tier bracket set for employers to follow. This is the National Insurance. 7. Weekend allowance is the amount you are paid for . 68. 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. "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 Court of Appeals latest judgment ruled that regular voluntary overtime should be considered when calculating annual leave under section 13.9 of the Handbook. Employers in Cymru Wales and Northern Ireland have indicated they will enter discussions with trade unions to resolve this issue. 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. In the European Union, the working time directive, or WTD, prescribes certain rules about how many hours an employee can ethically work on a job per week. The proportion of female staff who either undertook additional work (78%) or would be eligible for a corrective payment (73%) is lower than this overall total. Section 13.9 of the NHS terms and conditions of servicestates that: Editor, Marcus Herbert. People who work for the NHS and get unsocial hours - Mumsnet In Flowers and others v East of England Ambulance Trust, the Employment Appeal Tribunal (EAT) has considered the difficult issue of voluntary overtime and the calculation of holiday pay.For NHS employers, the most significant finding is that when calculating holiday pay for staff employed on Agenda for Change (AfC), there is a contractual right to include voluntary overtime worked in the . 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. 62. Where it is apparent that staff with disabilities experience greater difficulty in meeting the eligibility criteria, for example because of prolonged absences, NHS employers are urged actively to consider whether the criteria for eligibility should be adjusted in order to ensure that those with disabilities are not disadvantaged. The gender breakdown shows that the majority of the NHS workforce covered by the Handbook is female. 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. 24. Is start of NH's new paid family leave program 'remarkable' or 'pretty Handbook amendment number 49 NHS Widening Access Scheme: Tax and NI Contributions. 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. 5.6 weeks paid leave each year. Copy. Below you can find FAQs on the following areas: Yes (according to central estimates, which will be updated at the point that actual payments processed).2. They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. I hope this article provided a deeper insight on how you view your payslip and better understanding on how you should be paid. Read the agreement on how employers should calculate overtime pay whilst on annual leave. NHS terms and conditions pay poster 2022/23, NHS Terms and Conditions of Service Handbook, The webinar is aimed at HR professionals and payroll users and will. Chris Sununu . Since nurses work on shifts to care for patients 24/7, unsocial hours such as night shifts, weekends and bank holidays have enhanced payments. It is crucial that annual leave is recorded in the roster accurately and timely with rosters being finalised as per current deadlines. NHS employers and trade unions have agreed to work collectively (both nationally and locally) to resolve outstanding legal claims. 9. NHS is well-known for having a comprehensive and generous pension scheme as part of its recruitment and retention strategy. NHS staff to receive one-off sum to correct holiday pay 'error' Yes. But Gov. 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. In those circumstances, it is considered that the use of the scalar is clearly justified and therefore not discriminatory. As such, while the analysis identified points of note, it found any discrimination is very limited and can be justified or mitigated. The national discussions that have taken place now clarify how NHS employers should interpret section 13.9 of the NHS terms and conditions of service. 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). You have accepted additional cookies. 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. You can use three available alternatives; typing, drawing, or uploading one. What are WTD payments? Businesses using a database to keep track of hours in the offshore sector can do a MTD and YTD calculation in SQL to determine monthly and yearly hours worked in special cases like these. 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). Calculating WTD pay and hours can be complicated, but you can do it manually or by using an online working time directive calculator. 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. tackling shortly. This is calculated based on 52 weeks and 5.6 weeks holiday so you work 46.4 weeks to generate 5.6 weeks, 5.6/46.4 = 0.1207. reference. 36. 50. 0. In addition to the above, any suggestion that the Framework Agreement should apply to ex-employees would give rise to grave practical difficulties in the light of the size of the workforce in the NHS. Since nurses work on shifts to care for patients 24/7, unsocial hours such as night shifts, weekends and bank holidays have enhanced payments. Main features of the legislation are: Allemployees wishing to undertake additional work activities (above an average of 48 hours a week)are required to declare these to theTrust by completing aEWTD Opt Out Form. In regard to justification, uniquely in the context of direct discrimination rather than indirect discrimination respondents to claims for age discrimination are entitled to seek to establish the defence of justification in cases of direct age discrimination as well as indirect. If you do not normally record bank holidays (typically full-time employees or those with standard Mon-Fri posts) then you should continue just recording annual leave and do not included bank holidays. The Framework Agreement applies to eligible staff employed by an organisation in England listed at Annex 1 of the Handbook. 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. For the avoidance of doubt, nothing in this Framework Agreement is intended to limit or prevent a trade union from providing support and assistance to members in respect of securing a corrective payment. It may include earnings for overtime, bonuses, shift work, and holiday pay, etc. When someone has more than one job that requires her to work more than an average of 48 hours per week in any given period, she can sign an opt-out form. Taxes, taxes, taxes. - 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. Your NI contributions will depend on how much you earn. It is the first significant reform of NHS pay since the Health Service was established in 1948. A wage slip is intended to give a person a record of their most recent paycheck, which includes a given pay period. Which A: I haven't noticed but B: seems to be less that stat minimum? 5. For now, lets focus on the 20% tax since starting Band 5s will fall in this bracket. NHS employers will also provide information to staff about how questions on the calculations will be answered generally. Will staff still get a payment? Typically, this slip designates a person's. Employers will be planning to pay the corrective payment before the end of September 2021, and staff should wait to be contacted. Take a look below to see how much enhancement you will get for each shift. If a member of staff was eligible to receive a corrective payment and was in employment on 31st March 2021, they will still be eligible for a payment. Comms69 Forumite. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. 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. Holiday pay included in wages - Page 2 MoneySavingExpert Forum Take a look below to see how much enhancement you will get for each shift. This is because in practice it is not possible for the previous employer to pay the member of staff as pay roll records are normally closed when an employee leaves employment. Overnight workers are also not eligible to sign this opt-out form and must work no more than eight hours per shift. Anatomy of an NHS Payslip. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. For those who are exploring to work in the UK, this will also help you understand how much registered nurses are being paid and its coverage. You can also view our FAQ Page for Working Time Directive. Staff will be informed by their NHS employer if they are eligible. Initially it appeared as though compliance with the WTD would be relatively straightforward for most NHS organisations. - the number of hours youre contracted to work (37.5 for full time). WTD?? 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. 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. You have plenty of hours not working that could be paid as holiday. This time period has been selected because: Staff will be provided with personal information about how their corrective payment has been calculated. The NHS Staff Council has agreed that this corrective payment is the best way to resolve disputes on the treatment of overtime and additional standard time within annual leave pay. All pay for regularly worked overtime, which is time above the individual's contractual hours, including time above standard FTE (full-time equivalent) for the grade and additional standard time for part-time staff. 23. This information is important to help employers determine if staff are eligible. This could be additional standard time and/or overtime.7. TCS Advisory Notice (01/2023). Let me explain it to you!For everything about nursing, life, trainings and jobs in the UK visit https://www.filipinouknurse.comthe website for filipinos in the UK!If you want to register to IELTS Medical courses visit their sites at: http://www.iemedical.co.ukI am Manong George and guess what I am a Pinoy nurse in the United Kingdom for the past 10 years.Know the facts.See our stories.Live our lives.Filipino UK nurse facebook group : https://www.facebook.com/groups/683250062116631/Facebook: https://www.facebook.com/manonggeorgeuk/Instagram: https://www.instagram.com/manonggeorgEmail: manongknowsbest@gmail.comtwitter : @filipinouknurse twitter : @Manong George MUSIC by GUNGGUNGSTERSpotify Account: https://open.spotify.com/artist/12szIProduced by James Court Creative Solutions #NHSsalary #filipinouknurse #NHSpayslip 3.2 The corrective payment is a non-consolidated and non-pensionable compensatory payment and will be subject to deductions for income tax and national insurance contributions and other usual deductions. This Framework Agreement is agreed in the context of ongoing litigation regarding the calculation of the payment which a worker receives during a period of annual leave. 20. How will employers receive funding for this? Again, the hourly rate depends on the budget of the NHS Trust. The corrective payments cover pay for overtime during the two financial years of 2019-20 and 2020-21. The data provided in this section for the protected characteristics of the agenda for change workforce working in NHS trusts and CCGs has been sourced from data published by NHS Digital for the period to the end of September 2020. Links marked with an * indicate you need to be on an NHS network orconnected via your smartcard for access, Improvement, Innovation and Effectiveness, Staff networks for equality diversity and inclusion, Black, Asian & Minority Ethnic Staff Network, Disability and Long Term Conditions staff network, Community occupational therapy & physiotherapy, Call to Arms/Covid-19 Bank - temporary staffing, Help us raise money for our Charitable Trust, Outpatient Physiotherapy, Occupational Therapy and MSK Triage service, Understanding the changes around WTD (Working Time Directive Pay), annual leave/Bank Holiday and using eRoster, The change imposed a workload pressure due to the need for retrospective change in the roster this is a one off piece of work if you are having difficulty catching up with this please email. Additionally having checked 4 payslips; the 10% appears . The amount that will be deducted is based on your tax code. 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. An agreement has already been reached in Scotland. It is crucial that annual leave is recorded in the roster accurately and timely with rosters being finalised as per current deadlines. In this example 10 hours were worked on a Sunday and therefore a 60% additional payment is due, calculated as 10 x 60% x hourly rate (15.9158) = 95.49 Inner London = High Cost Area Supplement and is payable at either the Inner (20%) or Outer (15%) rates. This leave time does not count as WTD pay and extends the length of the WTD period. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Will this payment be pensionable? 39. 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. 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. In the UK, employees are paid per hour for the hours that they have worked in a month. 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. However, two rulings by the European Court of Justice made compliance 6. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. For English organisations, AfC Average Pay NHS applicable elements are divided into three groups for annual leave as follows: Group 1 - Overtime and Additional Hours Group 2 - Unsocial Hours Group 3 - On Call Hours Each group will be assessed separately to check that the applicable eligibility criteria (e.g., 6 months out of 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. This is her personal tax allowance. This has been a national change to ensure correct ongoing payment when on annual leave. 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. Please don't hesitate to get in touch if you can't find the answer to your query on this page. First eight digits of your employee number; If you have more than one post, it will be indicated with -2 -3 and so on. What about TOIL? . 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. 06/05/2017 21:23. To some extent this may reflect the composition of staff who choose to or are able to work overtime. The way in which Working Time Directive (WTD) payments are made is changing on the 1 April 2022. Annex C Figure 7 sets out the data on part-time staff by gender. Dont worry we wont send you spam or share your email address with anyone. 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. 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. 28. NHS employers are committed to using all reasonable endeavours to make corrective payments to all eligible staff by 30 September 2021. 25. But these taxes are also the main reason why the NHS survives and other state benefits are in place. However, any such differences are marginal and very limited. Do you understand your pay? Staff Cognitive Behavioural Therapy (CBT), Our Leadership and Management Development Offer, Immigration Temporary Staff from external agencies, Clinical Education Non-medical Education, Non-Medical e-Rostering & Temporary Staffing, Blackpool Teaching Hospitals NHS Foundation Trust 2023, An average of 48 hours working time each week, 24 hours continuous rest in 7 days (or 48 hours in 14 days), Aminimum break of 20 minutes in work periods of over 6 hours, A minimum of 5.6 weeks annual leave (pro-rataif part time), An average of no more than 8 hours work in 24 (for night workers).