Does the corrective payment take account of the extra hours worked during the pandemic? 2.5 Employees are only entitled to a corrective payment to the extent that overtime payments have not been already taken into account for holiday pay and will not be entitled to a payment under this Framework Agreement to the extent their employer has already either included all overtime payments for the purposes of calculating holiday pay entitlements or otherwise paid any such corresponding amount at any time prior to 31 March 2021. 38. This is a term used to describe payments made to employees to cover the loss of enhancements when taking annual leave. Equalities impact work must also be conducted at local employer level. 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. For new starters with 24,907 income, 7.1% of your salary will be deducted. 28. 14.2K Posts. Payroll and HR departments will notify staff of their entitlement and how and when their corrective payment will be made. That in itself necessitates the identification as to the limits of those who are eligible for corrective payments. Direct, as well as indirect, age discrimination is also uniquely justifiable where the discrimination is the result of a proportionate means of achieving a legitimate aim. We do not believe the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. 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. The paper is intended to assist the SofS in considering whether the Framework Agreement should be subject to amendment before implementation. 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. Hence, she contributes 9.3% of her salary. Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act. But on bank (basically zero hours) am I correct in my thinking? 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 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. 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. Statement follows publication of the Secretary of State for Health and Social Care's details on legal action. We also use cookies set by other sites to help us deliver content from their services. Dont include personal or financial information like your National Insurance number or credit card details. 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. It is for use by workers or employers. In this article we know about NHS wage slips or payslips payroll number app, what is wtd payment on nhs payslips afc absence. 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. PT Salary/Wage - this is the actual salary you get per year according to your contracted hours; pro-rata for part time. Taxes, taxes, taxes. 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. 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. - 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. Following a recent Court of Appeal decision, NHS employers have agreed that the calculation of pay during annual leave should include regularly worked overtime. Will cost of living increases to pay be considered in the calculation of corrective payments? 46. Changes to roles or pay bandings should not affect eligibility to receive a corrective payment. Please don't hesitate to get in touch if you can't find the answer to your query on this page. Which A: I haven't noticed but B: seems to be less that stat minimum? Most NHS employers use the Electronic Staff Record (ESR) HR and payroll system to manage payments to staff. Your contribution will be based on your annual salary whichever falls on the Tier bracket set for employers to follow. No. This has been a national change to ensure correct ongoing payment when on annual leave. 36. Why use a multiplier? The Framework Agreement does not apply to other organisations outside of Annex 1 and they are not covered by this equality assessment. Staff can manage their Bank Holiday requests via Employee Online using the existing Annual Leave request process. The same multiplier and eligibility criteria will apply to eligible part time staff for any payments received for work above their contracted hours. 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. Yes. However, records of the payments made for overtime, and additional standard time, are kept. Employers are urged actively to consider whether the criteria for eligibility should be adjusted in order to ensure that those with a protected characteristic impacted by such circumstances are not disadvantaged. Some NHS Trusts especially in London give better rates for bank shifts but will still be Trust dependent. '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. It is appreciated that changes toa complex system can be troublesome and take some adjusting too. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. A member of staff retired and returned before 31 March 2021 are they eligible for a corrective payment? 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. . Ahh, so I've just read about the WTD and it all makes sense. 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. Night shift (any weekday from 8pm to 6am), - 30% of the hours youve worked within these hours of the night, - 30% of the hours youve worked Saturday, Bank Holiday and Sundays (midnight to midnight), - 60% of the hours youve worked on Bank Holiday or Sunday, (unsocial hrs to be paid) --- 6.60 hrs x15.39 (hourly rate) = 101.64. Further the scalar of 16% is a generous provision and means that the annual holiday entitlement for all staff is respected. A public authority must, in the exercise of its functions, have due regard to the need to: 2. For further information on EWTD, Indemnity, New Deal and Junior Doctor Monitoringplease see below guidance. 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. . Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. As such we do not envisage any significant equality impacts on this basis. As the case relates to implementation of the national terms and conditions there is a national impact across the NHS. Working time directive rules state that people cannot work more than an average of 48 hours per week in any 17-week period. Figure 2 at Annex C shows that 4% of the AfC workforce have a declared disability. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. 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. 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. Owned & Managed by James Court Creative Solutions. Your NI contributions will depend on how much you earn. G. This Framework Agreement only covers NHS employers in England, as set out in Annex 1 to AfC (an NHS employer). Join us on 4 October for our annual guardians of safe working hours virtual conference. I am paid on a NHS payslip and hold an NHS identity badge as a bank member of staff. In the hopefully rare circumstances, where an employee does not believe that their overtime payments and any corrective payment has been correctly calculated, we would encourage conversations between staff and their line managers to address this issue in the first instance. This means she will be paid pro rata according to her contracted hours. Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard to the need to: 4. 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. The effect of that is that the use of a single scalar is in practice the only possibility. 24. However, rather than support staff through individual legal cases, the NHS trade unions strongly support a negotiated agreement. This framework agreement will only apply to eligible staff employed by an NHS employer as set out in Annex 1 of the handbook. 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. It will take only 2 minutes to fill in. 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. NHS terms and conditions state holiday pay should be based on what an individual would normally receive had they been at work. After all, those hours worked are hard earned and you deserve to be rewarded with the right compensation. 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. Basic Pay - This is . That issue of being in employment could give rise to age related questions for example because of those who retired prior to 31 March 2021. Should this payment be uplifted to 16 per cent? Trade unions will not support existing claims (in either the Employment Tribunal or the County or High Court in connection with the issue of the inclusion of overtime payments in the calculation of paid annual leave under section 13.9 of Agenda for Change or the Working Time Directive or Working Time Regulations 1998 covering the period up to and including 31 March 2021) in the event of individual settlements being offered and unreasonably rejected. This has been a national change to ensure correct ongoing payment when on annual leave. Employers are required to ensure that where necessary reasonable adjustment are offered to staff to enable them to fulfil their job role. This means Pay As You Earn. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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. Editor, Marcus Herbert. Yes, if a member of staff meets the eligibility criteria, they will receive a corrective payment. 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. Regular overtime is where an employee has received overtime payments in at least 6 out of the previous 12 months. This time period has been selected because: Staff will be provided with personal information about how their corrective payment has been calculated. 20. It is crucial that annual leave is recorded in the roster accurately and timely with rosters being finalised as per current deadlines. 4.2 The trade unions confirm that the corrective payments are the best resolution achievable through a collective Framework Agreement. The calculations will be based on the value of payments made for either overtime or additional standard time worked and recorded on the Electronic Staff Record (NHS national payroll system). NHS is an abbreviation for National Health Service. This is your contracted hours per month x hourly rate (depending on your pay scale rate). 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). 55. What is the purpose of a wage slip? Thisframework agreementenables NHS employers to access national funding to correct overtime pay when employees are on annual leave with national trade union support. I currently earn 8.64 per hour and enhancements are +33% for Saturday and Nightshift and +66% on a Sunday. 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 . An NHS employer has a local agreement in place and has been making some payments already for non-guaranteed overtime on statutory annual leave. She is the nonprofit founder and executive director of Love Powered Life, as well as a Certified Trauma Recovery Coach, certified HRV biofeedback practitioner and freelance writer who has written for publications like Working Mother, the San Francisco Chronicle, the Houston Chronicle and Our Everyday Life. Will overtime pay received by part-time staff who have worked more than 37.5 hours in a week during the pandemic be included in their corrective payment? Mumsnet carries some affiliate marketing links, so if you buy something through our posts, we may get a small share of the sale (more details here). Complete each fillable area. 1. They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. The webinar is aimed at HR professionals and payroll users and will explain how to base staffs annual leave pay on their average pay and how this differs from using the working time directive (WTD) calculation. But still consider the fact that you will still get decent enhancement for night shifts and Saturday shifts. To help us improve GOV.UK, wed like to know more about your visit today. The Framework Agreement will not differentially impact staff according to their religious beliefs. This approach mitigates the risk of discrimination, advances equality of opportunity and promotes good relations between different groups. There is a risk that the eligibility criteria could indirectly discriminate against those staff that choose not to work regular overtime and or who, due to extended periods of absence, are unable to work overtime but who remain in employment. This is the National Insurance. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. The amount that will be deducted is based on your tax code. Take a look below to see how much enhancement you will get for each shift. C. It is the aim of the parties that existing and ongoing claims in either the Employment Tribunal or the County or High Court relating to the issues of holiday pay dealt with by this Framework shall be resolved at a local level between claimants and the relevant NHS Employers (as defined in paragraph G below), with the trade unions facilitating such resolution. TheNHS terms and conditions of servicehandbookstates that when you take annual leave you should be paid as if you are at work. WTD Pay - additional pay if you work additional unsocial hours or if have additional leave under WTD. Now that you have a better understanding of your salary, lets get into the deductions! 67. These payments will be subject to tax deductions and national insurance deductions at source.9. Working additional hours on an NHS bank does not qualify as overtime. NHS employers will agree an appeals process with trade unions under local partnership working arrangements to resolve any issues. 69. 60. 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. 7. 58. 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). Are members of staff entitled to corrective payments for these? The gender breakdown shows that the majority of the NHS workforce covered by the Handbook is female. Accurate calculations are important for compliance and fair labor practices. 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. Employers in Cymru Wales and Northern Ireland have indicated they will enter discussions with trade unions to resolve this issue. If staff are employed by an NHS employer on 31 March 2021 (as listed in Annex 1 of the handbook) they may remain eligible for a corrective payment. Bear in mind that this is just a rough guide as tax calculation is complex if you consider other factors such as taxable pay, tax free allowance etc. Once you've passed the OSCE and NMC has granted your PIN, you can start to work and be paid as a Band 5. 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. 2. This payment is calculated by taking an average of enhancements, qualifying overtime and additional hours (part-time employees only) over the previous 52 weeks. 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. a rest break if the working day is longer than six hours. Let's do a deep dive and look at the details of a Band 5 Nurse's salary. Chris Sununu . Where this is for a reason relating to their disability, they may be disadvantaged such that they are excluded from consideration for a corrective payment. There is no data available on this protected characteristic. This does not apply to bank workers, existing WTD method of payment continues. 52. This framework agreementincludes all pay for regularly worked overtime, which is time above the individuals contractual hours, including time above standard FTE (full-time equivalent) for the grade and additional standard time for part time staff.7. 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. NHS employers and trade unions have agreed to work collectively (both nationally and locally) to resolve outstanding legal claims. How will employers receive funding for this? 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. An agreement has already been reached in Scotland. 5. 44. For non London sites HCAS is not payable. Further detail on the make-up of the AfC workforce by protected characteristic is set out at Annex C. 22. In 2004, the WTD provisions extended to junior doctors, whose maximum average working hours had to be reduced to 48 hours from August 2009. Both eRoster and ESR have been updated to reflect this new requirement. Dont worry we wont send you spam or share your email address with anyone. The EWTD requires the working week to be an average of 48 hours, with further rights relating to break periods and holiday allowance, such as: 11 hours rest a day. Additionally having checked 4 payslips; the 10% appears . 70. This paper provides an analysis of the expected equalities impact of the corrective payments (paid pursuant to the Framework Agreement). However, we now advise that payments should be processed by the new/current employer. The principle response to that is as follows. The corrective payments will be based on overtime earned in the financial years 2019/2020 and 2020/2021. 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. WTD on a pay slip/stub means working time derivative. The Framework Agreement applies to both overtime (above the full time equivalent (FTE) of 1) and additional standard time (AST) for part-time workers which is the difference between the contracted hours for part-time staff and the FTE hours for their grade. When we divide 651 hours by 17 weeks, we see that her average hours per week equals just over 38 hours. What do members of staff do if they believe they are eligible, but their NHS employer says they are not? 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. 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. The new/current employer will need to consider the full position across all employments covering the corrective pay period, and request for evidence to be supplied. What are WTD payments? 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. 3. This approach mitigates the risk of discrimination, advances equality of opportunity and promotes good relations between different groups. Paid Leave and WTD Pay In the U.K., workers must have access to 28 days of paid leave from work in each year. Data on the details of actual overtime and additional standard time worked may not have been retained or may be incomplete. For staff who, for example, may need to take sick leave, the mitigation for staff on long term sick leave (4 weeks or more) would apply here. It is the first significant reform of NHS pay since the Health Service was established in 1948. 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). Approximately 44% of female staff work part-time compared to 16% of male staff. 34. 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. E. NHS Staff Council will have a role in providing guidance and information to support the process of making the corrective payments. NHS employers and trade unions have agreed a framework for employers to assess both eligibility and the value of any corrective payments up to 31 March 2021. Copy. NHS terms and conditions pay poster 2022/23, NHS Terms and Conditions of Service Handbook. Staff will receive personal information about how their individual corrective payment has been calculated. In the sample payslip, she falls in Tier 4 because she earns 30,112. 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. This suggests that a declared or undeclared disability would not itself prevent staff from working additional standard hours or beyond full time hours. It's been few days since you have seen your latest payslip. You have rejected additional cookies. Where different commitments have been made locally, before 1 April 2019, NHS employers will need to work with trade unions to decide how the commitment will be delivered.12. Well, understanding how you are getting paid can guide you about when are the best days to book shifts, how taxes impact your earnings which may help with planning your finances accordingly. The data can also be found on NHS Digitals website. Indeed, Figure 2 at Annex C shows that a proportionate number of those who undertook additional activity declared they had a disability (around 4%). If your salary exceeds 40,000, that will have different number crunching process. 59. This agreement covers England only. Will staff still get a payment? 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. Pay Your Bill. 0. 19. tackling shortly. By deeply understanding the figures in a nurse's salary, you can spot if there are errors, if you've been paid correctly and make better decisions about when to do extra work. 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. WTD is paid at the same time as the enhancements/additional hours are claimed. 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. 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. 16. The Trust obtained permission to appeal against the above to the Supreme Court and that appeal is scheduled to be heard on 22 June 2021. The above combines with the very marginal negative impact of the use of that single scalar of 16%. 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). You can also view our FAQ Page for Working Time Directive. When requesting or recording a Bank Holiday its necessary to record under the correct leave type (Reason) within Employee Online. They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. I've gone back to the employer and will phone payroll later to clarify, as well as checking my payslips. It enables corrective payments to be implemented quickly from a data and payroll processing perspective. 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 that Elizabeth is within WTD standards for average work time. 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what is wtd payment on nhs payslip