Which A: I haven't noticed but B: seems to be less that stat minimum? To comment on this thread you need to create a Mumsnet account. Calculating WTD pay and hours can be complicated, but you can do it manually or by using an online working time directive calculator. 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. In addition, female part-time staff are less likely to work regular overtime (additional hours beyond the FTE for their role compared to male staff). Anne works from her home office in rural North Carolina, where she resides with her husband and three children. A member of staff retired and returned before 31 March 2021 are they eligible for a corrective payment? You can also view our FAQ Page for Working Time Directive. NHS terms and conditions state holiday pay should be based on what an individual would normally receive had they been at work. Time off in lieu (TOIL) is taken instead of a payment for overtime. 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). NHS employers are committed to using all reasonable endeavours to make corrective payments to all eligible staff by 30 September 2021. 59. Salary/Wage - this indicates your full salary according to which point you are in the pay scale, Incremental date - shows the date that you will get your annual salary increase until you reached the maximum point, Standard Hrs. The webinar is aimed at HR professionals and payroll users and will explain how to base staff's annual leave pay on their average pay and how this differs . 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. 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. How to Calculate WTD | Bizfluent The NHS Staff Council has agreed that this corrective payment is the best way to resolve disputes on the treatment of overtime and additional standard time within annual leave pay. In your payslip you may notice a WTD payment, this is a working time directive payment in lieu of holiday pay, paid at 10.17%. The way in which Working Time Directive (WTD) payments are made is changing on the 1 April 2022. WTD is paid at the same time as the enhancements/additional hours are claimed. 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. Join the NHS Electronic Staff Record (ESR) for its webinar on average pay under the NHS terms and conditions of service (Agenda for Change). This is the National Insurance. What is currently paid? 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. No. 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). In the UK, employees are paid per hour for the hours that they have worked in a month. Looking at all the numbers in your payslip might be intimidating. This could be additional standard time and/or overtime.7. This report now moves to considering the issue of age discrimination and it will do so in regard to the risk (if any) of age discrimination as a result of the use of the single scalar or multiplier of 16% and the requirement that it is only staff who are in employment on 31 March 2021 who are eligible to be considered within the terms of the Framework Agreement. Accordingly, it also covers additional regular overtime (including voluntary or non-contractual hours) worked by part-time employees over and above their contracted hours. This payment is not pensionable.8. Staff on maternity or extended parental leave will not be in active employment. Holiday pay included in wages - Page 2 MoneySavingExpert Forum 2. B. 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. For non London sites HCAS is not payable. 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. Indeed, Figure 2 at Annex C shows that a proportionate number of those who undertook additional activity declared they had a disability (around 4%). In UK discrimination legislation, there is a fundamental distinction between direct discrimination and indirect discrimination. '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. NHS Widening Access Scheme: Tax and NI Contributions. 35. A reference to conduct that is prohibited by or under this Act includes a reference to: A. This approach mitigates the risk of direct or indirect discrimination on the basis of sex, advances equality of opportunity and promotes good relations between different groups. Do you understand your enhancements? Local Induction Manager Responsibilities, Welcome To Non-Medical e-Rostering & Temporary Staffing, Acute Care Team Resuscitation Department, RCUK eALS e Advanced Life Support 1 day course, European Paediatric Advanced Life Support (EPALS), Advanced Life Support Recertification RC (UK), Paediatric Immediate Life Support RC (UK), Adult Basic Life Support (CSF Level 2 ALL CLINICAL STAFF), Adult Basic Life Support (Non-patient care staff & volunteers) CSF Level 1, R.E.A.C.T (Becoming part of the CRASH response 2222 team), Widening Participation & Apprenticeship Team, Business, Administration & Customer Service Spotlights, Apprenticeship Enrolment & Recruitment Resources, Business, Administration & Customer Service Spotlight Resources, Leadership & Management Spotlight Resources, Legal, Finance & Accounting Spotlight Resources, Business, Administration & Customer Service Apprenticeships, Legal, Finance & Accounting Apprenticeships, Functional Skills English and Maths GCSE equivalent, Employee Self Service (ESS) including e-Learning, Nursing and Midwifery Council (NMC) Health and Care Professions Council (HCPC) and Referrals, International Medical Graduates & LED Doctors, Incident Reporting & Collective Exit Process, Evaluation of Educational Experience (EEEs). 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. Some Trust overtime rate is time and a half of the hourly rate. Employers in Cymru Wales and Northern Ireland have indicated they will enter discussions with trade unions to resolve this issue. 15. 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. 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). Equalities impact work must also be conducted at local employer level. 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. 134.70 (contracted hours per month) x 15.39 (hourly rate) = 2074.38. Working Time Directive FAQs | oneHR - bfwh.nhs.uk The application of the single scalar of 16% potentially benefits younger staff with less service and works to the disadvantage of older staff with longer service. We do not believe that the Framework Agreement directly or indirectly discriminates against staff with this protected characteristic. 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. For the avoidance of doubt all claims for underpaid holiday pay relating to overtime payments up to 31 March 2021 are intended to be resolved and corrected by the terms of this Framework Agreement and not pursued. To mitigate this, in these instances, NHS 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. 34. Will this payment be pensionable? 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 . 7. 3. The above combines with the very marginal negative impact of the use of that single scalar of 16%. Ensuring procedures regarding payment of salaries are in line with these procedures. 44. Once you've passed the OSCE and NMC has granted your PIN, you can start to work and be paid as a Band 5. 8. What are WTD payments? Joint negotiations began between NHS employers and NHS trade unions in December 2020 and concluded on 1 March 2021 with agreement reached in principle on a corrective payment made pursuant to the terms of a Framework Agreement. Both sides are aware of the legal and resource costs to staff and employers of supporting or defending individual members legal claims. Will this payment affect state benefits received by staff? 1. Since she earns 30,112 in a year, the remaining amount after deducting the 12,830 will be taxed. 17. In 2004, the WTD provisions extended to junior doctors, whose maximum average working hours had to be reduced to 48 hours from August 2009. "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. This means she will be paid pro rata according to her contracted hours. NHS employers and trade unions have agreed to work collectively (both nationally and locally) to resolve outstanding legal claims. It is for use by workers or employers. 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. 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. 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. The gender breakdown shows that the majority of the NHS workforce covered by the Handbook is female. The nhs I work for include the WTD payment @12.07% as part of the hourly wage and they state we are on 9.68 per hour. A wage slip is intended to give a person a record of their most recent paycheck, which includes a given pay period. 5.6 weeks paid leave each year. This presents a risk that the eligibility criteria could indirectly discriminate against these persons. Payroll and HR departments will notify staff of their entitlement and how and when their corrective payment will be made. 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. 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). 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. Calculation and payment of corrective payments. Staff will need to provide evidence, for example, their payslips, payments that they have received for either overtime, or additional standard time. Staff will be informed by their NHS employer if they are eligible. Accurate calculations are important for compliance and fair labor practices. Figure 3 at Annex C compares the ethnic composition of those who undertake additional activity with the rest of the workforce. 65. There appear to be no barriers to staff meeting the eligibility criteria. As an overseas nurse, you will start as a Pre-registered nurse on a Band 4 pay scale. 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. Copy. 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. In relation to the use of a single scalar of 16% it was found the discriminatory effect, if any, of the scalar is extremely limited and no realistic alternative exists. We often link to other websites, but we can't be responsible for their content. Although there is no data to rely on, there appear to be no barriers to staff meeting the eligibility criteria. Handbook amendment number 49 This time period has been selected because: Staff will be provided with personal information about how their corrective payment has been calculated. 68. Many businesses track worker hours in a structured query language database, which can help with WTD calculations. 4.4 The trade unions agree that they will not provide any support for individuals who pursue future legal claims, against employers listed in Annex 1 of the NHS Terms and Conditions of Service in either the Employment Tribunal or the County or High Court in connection with taking overtime into account for the calculation of paid annual leave, under section 13.9 of Agenda for Change or the Working Time Directive or Working Time Regulations 1998 up to and including 31 March 2021, which claims are of the nature of the claims resolved and corrected by the terms of this Framework Agreement. There is no data available on this protected characteristic. Women make up 80%, men the remainder. AFC in Summary | MSG NHS terms and conditions pay poster 2022/23, NHS Terms and Conditions of Service Handbook, The webinar is aimed at HR professionals and payroll users and will. 13. This option is also favoured by trust leaders. Overnight workers are also not eligible to sign this opt-out form and must work no more than eight hours per shift. The proportion of staff who complete additional activity and eligible for a corrective payment, is similar to the wider workforce. this indicates your full salary according to which point you are in the pay scale, shows the date that you will get your annual salary increase until you reached the maximum point, the number of hours youre contracted to work (37.5 for full time). D. The parties support this Framework Agreement in respect of corrective payments (as defined further in sections 1, 2 and 3 below) which are to be made to eligible employees in connection with any allegedly accrued rights or liabilities under paragraph 13.9 of AfC or the Working Time Directive or the Working Time Regulations 1998 up to and including 31 March 2021 (corrective payments). The PSED is an ongoing obligation and considers the impact across all the protected characteristics: 10. NHS Employers writes to the Secretary of State for Health and Social Care ahead of the proposed industrial action by the RCN. However, we now advise that payments should be processed by the new/current employer. 1. How will employers receive funding for this? 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. 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. 31. 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. I. Whilst individual employees and NHS employers who fall within the scope of this Framework Agreement are not parties to it, the intention is that those employees and employers should respect the terms agreed and should not seek to litigate the issues which are agreed and considered resolved by the Framework Agreement. 0. 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. 4. Under the WTR, the night work limits (including the limit for special hazards), right to rest periods and rest breaks may not apply under the following scenarios, known as 'exemptions': An occurrence due to unusual and unforeseeable circumstances, beyond the control of the employer. 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). All parties to the Framework Agreement are agreed that it is crucial to have a limit to those to whom these Framework Agreement and corrective payments apply. 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. When requesting or recording a Bank Holiday its necessary to record under the correct leave type (Reason) within Employee Online. 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). Statement follows publication of the Secretary of State for Health and Social Care's details on legal action. 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. In both instances staff may not therefore meet the regularity criteria set out in clause 2.4 of the Framework Agreement and may be disadvantaged such that they are excluded from consideration for a corrective payment. 3. The NHS Staff Council has agreed a framework to enable NHS employers in England to resolve issues in relation to the correct calculation of pay while on annual leave, in respect of regularly worked overtime and additional standard hours (AST), under the NHS terms and conditions of service (Agenda for Change). 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. Nhs Payslip Explained - Fill and Sign Printable Template Online 62. Following a recent Court of Appeal decision, NHS employers have agreed that the calculation of pay during annual leave should include regularly worked overtime. This paper analyses the impact of the proposed corrective payments. 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. 21. NHS is well-known for having a comprehensive and generous pension scheme as part of its recruitment and retention strategy. My wtd / holiday pay payment is made every three months . 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. Basic Pay - This is . They are known as WTD payments because the payment is made in recognition of the Working Time Directive legislation. 69. Indicate the date to the form with the Date option. 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. What payment will a member of staff receive? 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. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Ensure that the info you fill in Nhs Payslip Explained is up-to-date and accurate. Is unsocial hours pay included in this framework agreement? This agreement covers England only.