Eligibility FAQs

NHS People Plan 2020/21

1. Who is eligible to receive a corrective payment?

To be eligible for a payment staff must:

  • be employed by an NHS employer (as listed in Annex 1 of the handbook) on 31 March 2021; and
  • have received payments in respect of overtime in a minimum of four months out of the 12 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).

2. An NHS employer has been paying some individuals overtime during statutory annual leave. How will this affect the individual’s payment?

NHS employers will adjust any corrective payments to take account of pay during annual leave that has already been made for overtime. For example, in the ambulance sector, payments made for compulsory shift over-runs during statutory annual leave.

3. Why use an eligibility criteria?

Overtime and or additional standard time should have been worked with sufficient regularity for it to count towards holiday pay.

For the purposes of the corrective payments framework agreement only, NHS employers and the trade unions have agreed that four months in each financial year is an appropriate threshold for establishing regularity of overtime.

4. How will staff know that they are eligible?

Staff will be informed by their NHS employer if they are eligible. Employers will be planning to pay the corrective payment before the end of September 2021, and staff should wait to be contacted.

5. Will part-time staff be entitled to a corrective payment?

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.

They will be subject to the same eligibility criteria which applies to the pay for overtime above standard hours worked by full-time staff.

6. Will staff still be eligible for a corrective payment if they have worked irregular shift patterns?

Yes, if a member of staff meets the eligibility criteria, they will receive a corrective payment.

7. What happens if a member of staff left employment in the NHS before 31 March 2021?

The framework only applies to staff employed by an NHS employer (as listed in Annex 1 of the handbook) on 31 March 2021.

8. What happens if a member of staff has moved employers?

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.

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. The previous employer will need to verify that an individual is employed in an Annex 1 organisation which is currently not possible in existing systems due to data governance requirements.

Further information for those impacted, including any process requirements, will follow in due course.

9. What happens if a member of staff has been TUPE transferred to a private company providing NHS services?

This framework agreement will only apply to eligible staff employed by an NHS employer as set out in Annex 1 of the handbook. 

10. What if a member of staff has changed their [pay] banding over the last two years?

Changes to roles or pay bandings should not affect eligibility to receive a corrective payment. 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).

11. A member of staff last worked overtime in March 2019 but not after. Will they be eligible for a corrective payment?

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.

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). 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.

12. A member of staff has recently changed jobs and no longer does regular additional work. Will they be eligible for a corrective payment?

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).

13. What happens if a member of staff leaves employment after 31st March 2021, but before payments or offers are made?

If a member of staff was eligible to receive a corrective payment and was in employment on 31st March 2021, they will still be eligible for a payment. Employers should make arrangements to process payments in these circumstances.

14. A member of staff retired from the NHS before 31 March 2021. Will they be eligible for a corrective payment?

The framework agreement applies to staff employed by an NHS employer (as set out in Annex 1 of the handbook) on 31 March 2021. Any individual who has left NHS employment is not eligible for a corrective payment.

15. A member of staff retired and returned before 31 March 2021 are they eligible for a corrective payment?

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. Any individual who is employed on this date and meets the eligibility criteria will be eligible for a corrective payment.

16. What do members of staff do if they believe they are eligible, but their NHS employer says they are not?

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. Staff will need to provide evidence, for example, their payslips, payments that they have received for either overtime, or additional standard time. This information is important to help employers determine if staff are eligible.

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). 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.

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