WTD Pay - additional pay if you work additional unsocial hours or if have additional leave under WTD. 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. 9. This approach mitigates the risk of direct or indirect discrimination, advances equality of opportunity and promotes good relations between different groups. 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 BAME staff meeting the eligibility criteria. NHS pension? For non London sites HCAS is not payable. Staff will receive personal information about how their individual corrective payment has been calculated. For more details on pension and changes effective October 1, 2022, please see link: https://www.nhsemployers.org/articles/pension-contributions-and-tax-relief. Weekend allowance is the amount you are paid for . 33. 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. 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. Both sides are aware of the legal and resource costs to staff and employers of supporting or defending individual members legal claims. 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. These agreements are sometimes referred to as Bear Scotland payments, and include non-guaranteed overtime based on 20 days statutory annual leave. 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. Overtime and or additional standard time should have been worked with sufficient regularity for it to count towards holiday pay. You can have other expenses taken out from your salary such as hospital accommodation payments, Union subscriptions (RCN or Unison), car park payments, childcare vouchers or other salary sacrifice schemes provided by your Trust. 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. In those circumstances, it is considered that the use of the scalar is clearly justified and therefore not discriminatory. 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. You have plenty of hours not working that could be paid as holiday. Women make up 80%, men the remainder. 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. Staff will be informed by their NHS employer if they are eligible. 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. 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. Pay is calculated on the basis of what the individual would have received had he/she been at work. 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. 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. 28. The pay enhancement is the fixed percentage of the number of hours worked outside the standard working times. Figure 5 at Annex C shows that 72% of the AfC workforce identifies as heterosexual, with the majority of the remainder falling into the not stated and not known categories, 2% gay or lesbian and 1% bisexual. Staff will need to provide evidence, for example, their payslips, payments that they have received for either overtime, or additional standard time. I've gone back to the employer and will phone payroll later to clarify, as well as checking my payslips. The framework agreementprovides for corrective payments covering the financial years 2019-2020 and 2020-2021 only. 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. 65. Tax and NI Information - take note of these figures as you need these if you need to contact HMRC or tax office for any reason. We do not believe the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. This payment is not pensionable.8. 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 NHS employer and the claimant along with their legal advisor (COT3 settlement process). 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. I hope this article provided a deeper insight on how you view your payslip and better understanding on how you should be paid. An agreement hasalready been reached in Scotland. 134.70 (contracted hours per month) x 15.39 (hourly rate) = 2074.38. NHS employers will take into account any previous payments of this type made to employees when calculating any corrective payments.This framework agreementconsiders all overtime (voluntary and non-voluntary) and covers all contractual annual leave.11. 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? 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. But these taxes are also the main reason why the NHS survives and other state benefits are in place. The products are then multiplied to her hourly rate which will be the enhancement amount. The PSED is an ongoing obligation and considers the impact across all the protected characteristics: 10. Gross Pay - This is the total amount that you have earned, before deductions have been applied. 45. 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. In this article we know about NHS wage slips or payslips payroll number app, what is wtd payment on nhs payslips afc absence. '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. Approximately 44% of female staff work part-time compared to 16% of male staff. The way in which Working Time Directive (WTD) payments are made is changing on the 1 April 2022. Payment is in arrears one month after the annual leave is taken. Which A: I haven't noticed but B: seems to be less that stat minimum? The corrective payments will be based on overtime earned in the financial years 2019/2020 and 2020/2021. 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. Members of staff in receipt of state benefits dependent on NICs should contact their benefit provider. NHS employers and trade unions have agreed to work collectively (both nationally and locally) to resolve outstanding legal claims. *Working Time Directive (WTD) payments are determined locally and may vary from Trust to Trust. 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. Will this payment affect state benefits received by staff? Anne Kinsey is an entrepreneur and business pioneer, who has ranked in the top 1% of the direct sales industry, growing a large team and earning the title of Senior Team Manager during her time with Jamberry. 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. The draft Framework Agreement, subject to final agreement between staff and management side, is at Annex B. We understand there is some misunderstanding around this so are providing the following clarification. 0. 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. ESR is being updated to include an extra reason field when you book/record annual leave, further details will be sent when available. Employers are required to ensure that where necessary reasonable adjustment are offered to staff to enable them to fulfil their job role. 7. Evidence suggests that implementation across trusts in England may be inconsistent and regular overtime may not have always been included in holiday pay calculations. 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. For the purposes of this Framework Agreement, such overtime comprises hours which are worked regularly by employees in excess of their standard hours pursuant to their contract of employment. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Therefore, from 1 April 2022 (first payment will be May 2022) contracted employees will now receive AfC average payments instead of WTD. Some professions have different WTD rules. It is now accepted that employers should include regularly worked overtime and additional standard hours in the calculation of pay when staff are on annual leave. 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. 60. Chris Sununu . 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. This suggests that a declared or undeclared disability would not itself prevent staff from working additional standard hours or beyond full time hours. While the proportion of those from a BAME background (13%) who completed additional activity is lower than BAME representation in the workforce (19%) there is no evidence that the Framework Agreement will have a disproportionate impact. Make certain each and every field has been filled in correctly. In the UK, employees are paid per hour for the hours that they have worked in a month. The gender breakdown shows that the majority of the NHS workforce covered by the Handbook is female. 46. Night shift (any weekday from 8pm to 6am) - 30% of the hours youve worked within these hours of the night, Saturdays (midnight to midnight) - 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. They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. Employers will be planning to pay the corrective payment before the end of September 2021, and staff should wait to be contacted. 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. Well send you a link to a feedback form. If you have a WTD payment that may be what they are doing. 29. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. When calculating the 52 full weeks of pay, employers are limited to referencing the previous 104 weeks from the date the leave begins, eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act, advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, foster good relations between persons who share a relevant protected characteristic and persons who do not share it, remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic, take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it, encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. This figure may be higher as we cannot guaranteed that everyone declared their disability. 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). 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. We use some essential cookies to make this website work. 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 has been a national change to ensure correct ongoing payment when on annual leave. It may include earnings for overtime, bonuses, shift work, and holiday pay, etc. 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. 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. You can also view our FAQ Page for Working Time Directive. Taxes, taxes, taxes. Forumite. You will be automatically enrolled in the NHS pension scheme as you start your employment to the Trust. 55. To some extent this may reflect the composition of staff who choose to or are able to work overtime. Again, the hourly rate depends on the budget of the NHS Trust. Take a look below to see how much enhancement you will get for each shift. 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. Which A: I haven't noticed but B: seems to be less that stat minimum? Comms69 Forumite. Staff on maternity or extended parental leave will not be in active employment. WTD?? This Framework Agreement applies only to NHS employees employed under AfC by an NHS Employer (as defined in paragraph G below). 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. The above combines with the very marginal negative impact of the use of that single scalar of 16%. This is a term used to describe payments made to employees to cover the loss of enhancements when taking annual leave. Pay is calculated on the basis of what the individual would have received had he/she been at work.' 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. Typically, this slip designates a person's. 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. The Working Time Directive has applied to the vast majority of employees in EU member states since 1998, including consultants and doctors outside training. The corrective payments cover pay for overtime during the two financial years of 2019-20 and 2020-21. Currently employees are paid 12.5% WTD on all enhancements and additional hours up to full-time (for part-time employees only). 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. Whether you are starting your first company or you are a dedicated entrepreneur diving into a new venture, Bizfluent is here to equip you with the tactics, tools and information to establish and run your ventures. Working time directive rules state that people cannot work more than an average of 48 hours per week in any 17-week period. a rest break if the working day is longer than six hours. - 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 paper analyses the agreed position on corrective payments which are to be made to eligible employees pursuant to a Framework Agreement 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. 62. 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). The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include steps to take account of disabled persons disabilities. 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. You see your net salary at the end of the month reflecting on your hard earned money with overtimes, bank shifts and those weekend night outs and getaways you've missed because you're at work. No. This means that Elizabeth is within WTD standards for average work time. Shall we examine closely how NHS Nurse was paid in March 2020 apart from her basic pay? These payments are non-pensionable and will be subject to employer deductions for tax and NI.4. Your contribution will be based on your annual salary whichever falls on the Tier bracket set for employers to follow. It remains the case that trusts are responsible under employment law for their employees and for meeting their own responsibilities under the PSED. As such, while the analysis identified points of note, it found any discrimination is very limited and can be justified or mitigated. 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. 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. The12.5% WTD is being replaced with the AfC average payment. To simplify computation for basic rate tax deduction is usually 20% of your gross salary for basic rate taxpayers. 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. You can change your cookie settings at any time. 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. TCS Advisory Notice (01/2023). When requesting or recording a Bank Holiday its necessary to record under the correct leave type (Reason) within Employee Online. It is for use by workers or employers. Pay your JMCGH, BGH, CGH, MGH, TLC, or LIFT Bill. 39. NHS Employers writes to the Secretary of State for Health and Social Care ahead of the proposed industrial action by the RCN. No. Being a newly qualified nurse, you will start on the lowest point of Band 5 pay scale. This leave time does not count as WTD pay and extends the length of the WTD period. She is already on top tier Band 5 pay scale and working 31 hours a week. It enables corrective payments to be implemented quickly from a data and payroll processing perspective. In the sample payslip, she falls in Tier 4 because she earns 30,112. 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. 8. 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. The Framework Agreement sets out the criteria that employees need to meet in order to be eligible for a corrective payment. I currently earn 8.64 per hour and enhancements are +33% for Saturday and Nightshift and +66% on a Sunday. Ensuring procedures regarding payment of salaries are in line with these procedures. There appear to be no barriers to staff meeting the eligibility criteria. However, records of the payments made for overtime, and additional standard time, are kept. State benefits which depend on national insurance contributions (NICs) may be affected by a corrective payment. 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. For easy viewing, we have broken down the payslip into 4 parts. AFC in Summary. You have rejected additional cookies. 6. Night Duty 37% is the pay for any hours receiving an enhanced rate of 37% of your hourly basic pay. H. This Framework Agreement has been developed in full awareness of the Public Sector Equality Duty (PSED) and the duty to comply with it. 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). In the U.K., workers must have access to 28 days of paid leave from work in each year. This means Pay As You Earn. 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.
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