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The Agenda for Change partners will make every effort to continue to support, encourage and promote a partnership approach to implementation of the new pay system at local level. The agreement to work in partnership to deliver an NHS pay system which supports NHS service modernisation and meets the reasonable aspirations of staff should, therefore, be replicated at local level. This guidance has been jointly agreed in partnership by the NHS Staff Council Executive and is intended to help in situations where, locally, the joint partners have not so far been able to agree a suitable way forward. These answers reflect the final Agenda for Change agreement and jointly agreed guidance issued for use by the Early Implementer sites. This list of questions and answers refers to the final version of the NHS Terms and Conditions of Service Handbook as agreed by NHS employer and staff representatives for the new Agenda for Change Pay System, published January 2005. Are other groups of staff who might have had similar on-call arrangements to pathology covered by the protection offered in 2.7?Section 2: maintaining round the clock services: paragraph 7: protection of existing on-call arrangements In paragraph 2.7 the protection of on-call arrangements during the 'interim regime' are described as a 'particular feature of NHS pathology departments'. All out of hours working in pathology is defined as 'on-call'. However other staff groups (including radiographers, physiotherapists and clinical scientists) may also work similar 'out of hours' arrangements which have also been regarded as 'on-call'. Where this has occurred these arrangements are protected until new AFC on-call arrangements are negotiated. What happens for pathology and other staff who before the implementation of AFC, did not receive Unsocial Hours Payments (USH) for work in standard hours that fell within an USH period?Section 2: maintaining round the clock services: paragraphs 2.8 to 2.30 Under AFC all staff who work unsocial hours within their standard working week will receive USH payments under the provisions in paragraphs 2.8 to 2.30 Where a post holder's role has been determined (based on one contract of employment) and it includes specialist responsibilities - is it permissible for an employee to be paid at the specialist pay band on days when they do specialist duties and at a lower pay band when they do not?Section 1: pay structure. No, the higher specialist pay band applies for all of their service. Does the protection for on-call arrangements include protection for the "rate of pay?" For example, if the local protected agreement says that Sunday is double time is this protected under 2.13?Section 2: Working or providing emergency cover outside normal hours: paragraph 2.13 and 2.28. Yes, all current on-call arrangements may be protected for groups of employees for up to four years from the effective date of assimilation, irrespective of whether they were nationally or locally agreed (paragraphs 2.13 and 2.28). It is the totality of the local or national on-call agreement that is protected. Pay circular (AforC) 4/2007 announced that where flat rate on-call allowances continue to be paid in accordance with Section 2 these should be increased in line with the staged pay award. Paragraphs 4.7 and 46.5 express COLS as RRPs. These say that "current entitlements will continue. . . . " Where this RRP (COL) is being paid to a staff group should newly appointed staff receive it on the same basis as existing staff?Section 4: Pay in High Cost Areas: paragraphs 4.7 and 46.5. Yes. Where a member of staff is in receipt of a COLs based RRP (4.7 and 46.5) and is promoted within the same Trust does he or she retain the RRP?High Cost Area Payments: paragraph 4.7. Yes, providing the person is still in a staff group meeting the eligibility criteria. How long do the national long-term RRPs for posts in the list in Table 19 in Annex R continue?Section 5, paragraph 3 and paragraph 18 in Annex R: National Long-Term Recruitment and Retention Premia. On assimilation the minimum level of premium for posts listed in Table 19 should be set locally. During the transition period the level of premium should be at least sufficient to ensure that staff do not require pay protection (paragraph 9 in Annex R). After the transition period local partnerships will need to review the value of any continuing RRP in accordance with the provisions in Section 5. This does not apply to RRPs for qualified maintenance craft persons, qualified maintenance technicians and chaplains in Annex R. How is the reference period for calculating sick pay determined under Section 14?Section 14: Sickness Absence; paragraph 4. This is the average pay for the three month period ending on the day before an employee commences sick leave - or any other locally agreed reference period. Paragraph 14.4 in the Agenda for Change Handbook provides for full pay to be paid when staff are on sickness absence. This takes into consideration "regularly paid supplements" such as unsocial hours. Unsocial hours arrangements are contained in section 2. where a staff group has existing, pre-Agenda for Change unsocial hours arrangements, protected during the interim regime but those arrangements do not include sick pay calculated on the basis of average pay in a reference period, should that staff group receive sick pay based on average pay as outlined in 14.4 or are they only paid basic pay?Section 14: Sickness Absence: paragraph 4. The commitment in Agenda for Change was to ensure that where staff were on sickness absence their income should not suffer. A staff group which has had their unsocial hours arrangements protected but did not receive sick pay based on average pay in a reference period will now receive sick pay based on 14.4. What happens when local partnerships are not able to reach agreement on "other" terms and conditions of service not covered in the NHS Terms and Conditions of Service Handbook (see paragraph 19.1)?Section 19: Other terms and conditions of service: paragraph 1. Paragraph 19.1 of the handbook states 'Other terms and conditions not covered in this Handbook will be determined locally following consultation with staff representatives with a view to reaching agreement on such terms and conditions or any changes to them (see Annex O).' In the absence of a local agreement the previous contractual arrangements for those on national contracts will apply. Paragraph 46.2 provides for staff on local contracts, not incorporating national agreements on pay and conditions of service the opportunity to assimilate to Agenda for Change. Can staff whose NHS contract of employment arises from a TUPE transfer into the NHS prior to 1 October 2004 exercise the right to assimilate or not to assimilate to Agenda for Change terms and conditions.Section 46: Assimilation and Protection: paragraph 2. Yes, staff who have transferred into the NHS who are not on Whitley or shadow Whitley contracts will be deemed to be NHS employees for the purposes of Agenda for Change implementation. For the purposes of paragraph 46.2 staff on local contracts will have the right to opt for Agenda for Change assimilation or remain on their existing terms and conditions. Where a post holder is matched to a profile which includes "consultant" in the job title, is there is a requirement for the employing organisation to involve an external assessor from the appropriate professional body to determine whether assimilation to that post and the use of the job title is acceptable?Section 46: Assimilation and Protection. Once a post holder is matched to a profile there is no scope for a further external assessment process to affect the assimilation to the appropriate pay band. How are arrears of pay to be calculated when someone "acts up" and works in a role at a higher level of responsibility for a period between 1 October 2004 and their date of assimilation to Agenda for Change?Section 6 and Section 46. Are new staff to be recruited to the new conditions including new standard hours of 37½ from 1 December 2004?Section 46, paragraph 5 Are on-call allowances and on-call payments included in pay during sickness absence?Section 14, paragraph 4 Are there any special arrangements for the assimilation of staff who are approaching retirement age?Section 46, paragraph 17 Are trainees who are covered by Annex U (paragraph 2 (iii)) subject to the foundation and second gateway?Annex U: Trainees: paragraph 2 (iii) Are trusts that employ maintenance crafts persons and Qualified Maintenance Technicians required to pay the specified amount of National Recruitment and Retention Premia or can this amount be varied to a lower rate or not paid at all?Annex R, paragraph 13 Can a new appointee be placed on a Transitional Point where there are no other members of their job/professional group in that unit (or equivalent work area) on a Transitional Point in their pay band?Section 46, paragraph 15 Can I challenge a matching panel on the grounds that it was made up of an unequal number of management or union representatives?Section 8: Paragraph 2.1 The number of members per panel is for local agreement, but from three to five is the recommended range, with four being found most satisfactory by Agenda for Change Early Implementer organisations (JE Handbook Section 8, paragraph 2.1). Do PRP payments continue under Agenda for Change?Section 46, paragraph 42 Do staff continue to receive pay increments on their Whitley basic pay past 1 October and 1 December 2004 and until they are assimilated to Agenda for Change pay?Section 46, paragraph 9 Do the provisions for unsocial hours payments in Annex E apply just to staff working on ambulances or to all staff?Annex E, paragraph 1Paragraph 2.8 makes clear that the arrangements in Annex E should apply to ambulance staff (i.e. those who would have been subject to the provisions of the Ambulance Whitley Council had they been on national contracts). Other staff working in ambulance trusts (i.e. control staff, nurses etc) would be subject to the provisions of their old Whitley Council. Annex E can also apply to EI sites, subject to paragraph 2.11. Do we recover money overpaid as a result of a gap between implementing specific parts of Agenda for Change and the final assimilation to the whole package?Section 46, paragraph 8 Does paragraph 13.4 provide an entitlement to equivalent time off at plain time rates plus the appropriate payment on top of the standard entitlement to 8 general and public holidays (see table 6)?Section 13, paragraphs 1 and 4 Does the provision for movement into pay band 6 apply to staff groups other than midwives?Annex T, paragraph 3 Does the rate of unsocial hours start at 7pm as in Agenda for Change or 8pm as in e.g. the Whitley nurses' agreements?Section 2, paragraphs 4 to 12 How can a job be evaluated where there is a degree of alternating "power sharing" but where everything else remains equal?Job evaluation evaluate both posts; following the evaluation of both posts, local arrangements need to be in place to set the level of remuneration and how the timing of rotation is to be handled; the combined role could be evaluated as one job and local arrangements put in place as to how the second panel would review the relevant factors but not match the whole job again. How does pension protection work for employees whose pay is subject to the Agenda for Change pay protection provisions in Section 46?Section 46: Assimilation and Protection: Paragraph 46.17 How is overtime pay calculated for staff on "protected pay"? As an example: if staff are on Agenda for Change pay point £18,000 but the protected level of pay is £20,000, is overtime paid on £20,000?Section 3: Overtime: paragraph 3.2 How is pay and time off in lieu (TOIL) calculated when staff work on general public holidays?Staff required to work or to be on-call on a general public holiday are entitled to time to off in lieu at plain time rate in addition to the appropriate payment for the duties undertaken (paragraph 13.4). Staff who are required to work more than 60 hours (8 x 7½ hours) on general public holidays, in their personal leave year, will receive TOIL at plain time rate for all of the hours worked and the appropriate payment for all of the hours worked. The 60 hour threshold will be set on a pro-rata basis for part-time staff. E.g. if staff were required to work 70 hours per year on bank holidays they would receive 70 hours TOIL plus the appropriate payment. Staff who volunteer to work more than 60 hours in their personal leave year will receive TOIL at plain time rate up to the 60 hour threshold and the appropriate payment for the duties they undertake. For any time worked over the 60 hour threshold they will receive payment only. Guidance on what to do when Easter falls in March and entitlements to public holiday leave exceed 8 days in a leave year is in another Q and A. How is the leave entitlement pre-assimilation determined to establish whether protection is required?Section 46: Assimilation and Protection: paragraph 34 Leave pre-assimilation is the total of Whitley or locally agreed leave plus the two statutory leave days if they have not already been converted into annual leave. If a member of staff on a local contact is offered assimilation to a pay band where the matching or evaluation outcome is subject to review, can the post holder defer a decision?Section 46, paragraph 2 (first bullet point) Can the post holder defer a decision until the outcome of the review is known, but still maintain the original effective date of assimilation?Yes. If staff who have contracts described in 2.7 and have local "premium" arrangements for TOIL, undertake Bank Holiday working how is their TOIL allocated in respect of paragraph 13.4?Section 2, paragraph 7 In view of recent increases in fuel costs, are there any plans to increase the nationally agreed rates of mileage allowances?Section 17 The national provisions on mileage allowances set out in Section 17 of the NHS Terms and Conditions Handbook contains flexibilities which allow staff and employer representatives to agree arrangements which provide benefits to staff beyond those provided by the national provisions or are agreed as operationally preferable. We are aware that some employers have agreed in partnership variations to the national rates to address particular problems. The national Agenda for Change partners have agreed to review Section 17 of the Handbook as part of next years programme of work. Is the effect of the second sub-clause to give staff who defer their decision until the outcome of the review the right to backdating to 1 October 2004?Section 46, paragraph 2 On what date does the four-year period of protection of current on-call arrangements start?Section 2, paragraph 13 Under Agenda for Change when does overtime start for a part-time member of staff?Section 3, paragraphs 1 and 4 What happens in the former "early implementer" sites where the period of protection for on-call (paragraph 2.28) runs out on 30 May 2007?Section 2: Working or providing emergency cover outside normal hours: paragraph 28 What happens to 'MUFTI' allowances in Agenda for Change?Section 19, annex O What happens to my two public holiday days when Easter is in March (as it is this year) and when, therefore, I have already had two days for Easter in the current twelve-month period, ending March 2008?Section 13, paragraph 1 What happens where an employee, who has their annual leave entitlement protected moves employer/post? Do they retain the protection?Section 46, paragraph 46.34 What is meant by, "...significantly below the minimum..." in relation to assimilation to transitional points on the pay scale (para 46.12)?Section 46, paragraph 12 What is the annual leave entitlement for term time only employees? For example there can be staff who work TTO but who effectively work the whole year (40 weeks full time) whilst another, on a TTO contract, may in that period be working part time e.g. 3 days a week for 40 weeks?Section 13, paragraphs 13.4 to 13.9Term time only employees would have a pro-rata entitlement to annual leave and it is down to local employers to calculate these entitlements. When calculating entitlements to annual leave should I take account of a single period of previous service or should I aggregate several periods?Section 12, paragraphs 1 and 3 When does overtime start for staff moving down from their current contracted hours to the new Standard hours in Agenda for Change?Section 46, paragraph 30 When does overtime start for staff moving up from their current contracted hours to the new Standard hours in Agenda for Change?Section 46, paragraph 31 When does protection of hours apply?Section 46, paragraph 31Paragraph 46.31 of the NHS Terms and Conditions of Service Handbook states: "Staff currently working less than 37.5 hours, excluding meal breaks, will have their hours protected for a phased protection period as set out in Table 9. These protection arrangements will continue to apply where staff move to a post with the same hours under the old pay system during the pay protection period." An employee remaining in the same post will keep their protected hours for the period set out in Table 9. An employee who moves to a new post, within the same job-family, on the same pay-band either within the same organisation or to another NHS employer, continues to receive protection for the period set out in Table 9. An employee who is recruited into another post prior to assimilation within the same job family, on a higher pay band, continues to receive protection for the period set out in Table 9. Protection will be lost if an employee moves to a new post within the same job family, on a higher pay band, after assimilation to Agenda for Change. Protection will be lost if an employee either moves to a new post outside their job-family or leaves the NHS. The Executive does not intend this guidance should disturb any local agreements on protection of hours reached on a partnership basis. Which senior managers in England are covered by Agenda for Change?Section 1, paragraph 7 Which staff (working non-standard shifts), under 13.5, would require their annual leave to be calculated in hours?Section 13, paragraph 13.5 Will guidance be provided (in partnership) in respect of the application of paragraph 3 other than that which is already described?Annex T, paragraph 3 Will Student Training Allowance be taken into account when assimilating staff onto Agenda for Change?Section 46, paragraphs 18, 19, 20 and Table 7 Will the recruitment and retention premium for qualified maintenance craftspersons and technicians be uprated?Annex R, paragraph 13 Last reviewed 21 Jul 2008 |
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