52. Calculating WTD pay and hours can be complicated, but you can do it manually or by using an online working time directive calculator. J. The figures shown here are: Basic pay: one-twelfth of your basic salary for the year. Consultants and service grade doctors may opt-out of working hour's requirement of the WTD (although they cannot opt-out of the rest requirements). Being a newly qualified nurse, you will start on the lowest point of Band 5 pay scale. This information is important to help employers determine if staff are eligible. 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. Night Duty 37% is the pay for any hours receiving an enhanced rate of 37% of your hourly basic pay. 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. . 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. tackling shortly. Staff will receive personal information about how their individual corrective payment has been calculated. It will take only 2 minutes to fill in. Owned & Managed by James Court Creative Solutions. Corrective payments will be made in respect of the period covering the financial years 2019/2020 and 2020/2021. 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. The Working Time Directive has applied to the vast majority of employees in EU member states since 1998, including consultants and doctors outside training. Existing claims and future claims (as future claims are dealt with at paragraph 4.4 below) in respect of overtime. This assessment covers the impact of equalities in England only. 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. However, insofar as any such cases involve extensive surgery and lengthy absence from work this report would suggest that the approach to other cases of long-term absence because of a disability is applied to absence because of this protected characteristic of gender re-assignment in the above circumstances. Yes, if a member of staff meets the eligibility criteria, they will receive a corrective payment. The inclusion of AST for part-time staff, in which category a significantly higher proportion of female rather than male staff are included, would ensure that part-time staff would meet the eligibility criteria for inclusion within the Framework Agreement by relaxing the requirement that overtime applies to those working in excess of the standard hours for a full-time workers working week and extending the concept of overtime to bands 2 to 7 of NHS staff working to the Handbook whose contractual commitment is to work part-time. The available data relates to staff employed by Annex 1 employers. Northern Ireland Direct: Calculating Your Working Time. Your NI contributions will depend on how much you earn. Should this payment be uplifted to 16 per cent? I hope this article provided a deeper insight on how you view your payslip and better understanding on how you should be paid. 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. Employers should make arrangements to process payments in these circumstances. Will payments be taxed? 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 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. Now that you have a better understanding of your salary, lets get into the deductions! Figure 3 at Annex C compares the ethnic composition of those who undertake additional activity with the rest of the workforce. Agenda for Change, implemented on 01 October 2004, represents a major reform of pay and other terms and conditions for all NHS staff with the exception of Medical and Dental Staff and some Senior Managers. NHS employers and trade unions have agreed to work collectively (both nationally and locally) to resolve outstanding legal claims. Further the scalar of 16% is a generous provision and means that the annual holiday entitlement for all staff is respected. 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. These payments will be subject to tax deductions and national insurance deductions at source.9. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. We often link to other websites, but we can't be responsible for their content. I probably dont need to discuss any further your Net Pay because this is the only section in the payslip that we gaze our eyes into every pay day. The payment comes after the Court of Appeal ruled in June 2019 that employers must consider any regularly worked overtime into holiday pay calculations. It's been few days since you have seen your latest payslip. Let's do a deep dive and look at the details of a Band 5 Nurse's salary. But on bank (basically zero hours) am I correct in my thinking? Annex C Figure 7 sets out the data on part-time staff by gender. The European Working Time Directive has been fully implemented across the NHS and applies to everyone. TheNHS terms and conditions of servicehandbookstates that when you take annual leave you should be paid as if you are at work. 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. PT Salary/Wage - this is the actual salary you get per year according to your contracted hours; pro-rata for part time. What is more the Framework Agreement does not bind employees or NHS employers and as a result they are not barred from bringing claims if they wish to do so although staff and employers are of course encouraged to adopt and apply the approach set out in the Framework Agreement. NHS Widening Access Scheme: Tax and NI Contributions. The above combines with the very marginal negative impact of the use of that single scalar of 16%. For easy viewing, we have broken down the payslip into 4 parts. Pay Your Bill. 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). 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. 71. 15. NHS Nurse worked 23 hours night duty and 39 hours Saturday. 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. Any individual who is employed on this date and meets the eligibility criteria will be eligible for a corrective payment. 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. She is already on top tier Band 5 pay scale and working 31 hours a week. No. 13. Regular overtime is where an employee has received overtime payments in at least 6 out of the previous 12 months. 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). 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. Since she earns 30,112 in a year, the remaining amount after deducting the 12,830 will be taxed. 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. 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). Changes to roles or pay bandings should not affect eligibility to receive a corrective payment. 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). Figure 2 at Annex C shows that 4% of the AfC workforce have a declared disability. 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. The computation can be complicated but there are WTD pay calculators online if you are still curious to know about it. Which A: I haven't noticed but B: seems to be less that stat minimum? It may include earnings for overtime, bonuses, shift work, and holiday pay, etc. Make certain each and every field has been filled in correctly. For further information on EWTD, Indemnity, New Deal and Junior Doctor Monitoringplease see below guidance. Ahh, so I've just read about the WTD and it all makes sense. 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. 2.1 An employee must satisfy the agreed eligibility criteria set out in paragraph 2.4 in the financial year(s) in question in order to receive a corrective payment for that financial year. 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. Pay is calculated on the basis of what the individual would have received had he/she been at work.' Both eRoster and ESR have been updated to reflect this new requirement. 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). NHS Employers writes to the Secretary of State for Health and Social Care ahead of the proposed industrial action by the RCN. Thereare further training sessions available here to support with using Employee on-line - see below. The corrective payments cover pay for overtime during the two financial years of 2019-20 and 2020-21. NHS employers are committed to using all reasonable endeavours to make corrective payments to all eligible staff by 30 September 2021. 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. For now, lets focus on the 20% tax since starting Band 5s will fall in this bracket. 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. The forthcoming strike in England by members of the Royal College of Nursing (RCN) to be cut short by a day. 5. 8. 4. 20. 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. 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. In those circumstances, it is considered that the use of the scalar is clearly justified and therefore not discriminatory. 3. 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. 14. This means staff are able to take time away from work equivalent to the extra hours worked. There is no data available on this protected characteristic. 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. 50. 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. Staff on maternity or extended parental leave will not be in active employment. 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. This agreement covers England only. This presents a risk that the eligibility criteria could indirectly discriminate against these persons. Data on the details of actual overtime and additional standard time worked may not have been retained or may be incomplete. Dont worry we wont send you spam or share your email address with anyone. Some professions have different WTD rules. For staff who are pregnant and continue in active service but choose to reduce the extent to which they work beyond their minimum contracted hours, NHS employers are urged actively to consider relaxing the test of regularity to, for example, two occasions of overtime within the period of 12 months. Continue to book and record leave on the roster and this will be transferred into ESR as normal, but you will now also need to identify bank holiday leave separately. 2. Tax code? This paper provides an analysis of the expected equalities impact of the corrective payments (paid pursuant to the Framework Agreement). Lets take a look for Sunday shifts which have 60% enhancement. ESR is being updated to include an extra reason field when you book/record annual leave, further details will be sent when available. 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. Doctors in training have a 26-week reference period, while the offshore sector has a 52-week period. 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. Payment is in arrears one month after the annual leave is taken. 65. this is the actual salary you get per year according to your contracted hours; pro-rata for part time. Separating it out in the payslip is not required though - their obligation is to pay you correctly, how they choose to put it on the payslip is up to them. 40. 19 January 2022. H. This Framework Agreement has been developed in full awareness of the Public Sector Equality Duty (PSED) and the duty to comply with it. 3. 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 case is due to be heard in June 2021 and it is important to note the judgment may change the position in law. 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. 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. 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. 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. 35. 58. 30. Finally, the period summary gives you an overview of your gross pay and all the deductions that have been made. 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. In the U.K., workers must have access to 28 days of paid leave from work in each year. 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. Handbook amendment number 49 - 23 hrs x 0.30 = 6.90 (unsocial hrs to be paid) --- 6.90hrs x 15.39 (hourly rate) = 106.26, - 32 hrs x 0.30 = 9.60 (unsocial hrs to be paid) --- 9.60 hrs x 15.39 (hourly rate) = 147.84. 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. 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. Most NHS employers use the Electronic Staff Record (ESR) HR and payroll system to manage payments to staff. 8. A reference to conduct that is prohibited by or under this Act includes a reference to: A. There appear to be no barriers to staff meeting the eligibility criteria. These pay elements, which are shown on staffs pay slip, will be used as the basis to determine if they have completed additional activity. In addition, it aims to ensure that NHS trade unions will facilitate such resolution. 59. 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. 49. Staff employed by organisations in England as set out at Annex 1 of the Handbook. Join us on 4 October for our annual guardians of safe working hours virtual conference. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. 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. 1. When requesting or recording a Bank Holiday its necessary to record under the correct leave type (Reason) within Employee Online. NHS terms and conditions state holiday pay should be based on what an individual would normally receive had they been at work. The paper is intended to assist the SofS in considering whether the Framework Agreement should be subject to amendment before implementation. . But Gov. 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. However, it is only being used for the purposes of the corrective payment and has no wider application.6. 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. 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. 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. 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 . 62. 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. Women make up 80%, men the remainder. 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 You will be automatically enrolled in the NHS pension scheme as you start your employment to the Trust. 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. The trade unions note that, once the corrective payments are implemented, any further legal claims based on annual leave payments not taking into account overtime payments in respect of any time in the period up to and including 31 March 2021 which are made despite the terms of the Framework Agreement are likely to be deemed without merit. 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). 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. However, two rulings by the European Court of Justice made compliance Anatomy of NHS payslip -- How much do UK Registered Nurses (RGN) get paid? The pay enhancement is the fixed percentage of the number of hours worked outside the standard working times. 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. To be eligible for a corrective payment in either or both financial years a member of staff will need to meet the eligibility criteria set out in the framework agreement. How will employers receive funding for this? Direct discrimination is where an individual receives less favourable treatment because of a protected characteristic. It does not automatically follow that staff that have a declared (or undeclared) disability are unable to work either additional standard hours or hours above their contract full time hours. In some Trusts, bank shift is paid flat rate which means she will get whatever her normal hourly rate is and enhancements depending on the shifts shes done. 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. Staff can manage their Bank Holiday requests via Employee Online using the existing Annual Leave request process. Approximately 44% of female staff work part-time compared to 16% of male staff. 1.1 The corrective payment period to which this Framework Agreement and any corresponding corrective payments apply is the financial years 2019 to 2020 and 2020 to 2021 only, namely 1 April 2019 to 31 March 2020 and 1 April 2020 to 31 March 2021 (the corrective payment period). 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. Around 50% of the NHS workforce covered by the Handbook have more than 10 years service and will be entitled to the maximum annual leave of 33 days (plus 8 bank holidays). HealthRoster Creator and Approver Training. To comment on this thread you need to create a Mumsnet account. Indirect discrimination concerns a provision, criterion or practice (PCP) that puts someone with a protected characteristic at a disadvantage, compared with people who do not share the protected characteristic. Now, different categories of unsocial hours are paid differently. 12. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. Introduction NHS Payslip Explained! Staff may not therefore meet the regularity criteria set out in clause 2.4 of the Framework Agreement. This could be additional standard time and/or overtime.7. *If you normally record your bank holidays (all part-time employees and usually those that work shifts) then the new way of identifying the bank holiday applies to you. For instance, if she worked 10 hours overtime the computation will be like this and will be then added to her gross pay. If you have a WTD payment that may be what they are doing. 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. Although there is no data to rely on, there appear to be no barriers to staff meeting the eligibility criteria. 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. 11. Therefore, from 1 April 2022 (first payment will be May 2022) contracted employees will now receive AfC average payments instead of WTD.