Part 3 by tyndale


									                   AgendaforChange NHS Wales Working in Partnership

                                                                  Part 3
Section of Query                                                                   Response Given
Section 12 Will there be national guidance on Trusts discretion re. Where new      No, trusts have discretion to count previous relevant service,
           starters are placed on a pay band?                                      within or outside the NHS, but for the purposes of the
                                                                                   agreement “should” means “will”. There is therefore no local
                                                                                   flexibility to advance individuals up the pay scale other than
Section 12 The handbook lacks definition of continuity of service, aggregation     There is no clear definition in the handbook. This is up to
           of service and a break in service for recognition of previous service   local agreement. Please refer to Section 12.2
           and protection of hours.

Section 12 Can we please have a clear statement whether employers are able         Yes, employers may do this in accordance with their own
           to appoint above the minimum of the scale?                              policy on breaks in service and confirmation of previous
                                                                                   relevant service.
Section      Does work on the “bank” count as NHS service when determining         This depends on the precise wording of local bank contracts.
12.1         an individual‟s entitlement to annual leave?                          Some may say “the employee has this status only when
                                                                                   actually working for the Trust i.e. from the start to the end of
                                                                                   a shift” – in which case, only those days worked should

                                                                                   If a “general” bank contract is used talking of employment
                                                                                   with the Trust, then it should all count.
Section    IS NHS bank work recognised when aggregating service to                 Yes, but it depends on the precise wording of the local bank
12.1       determine Annual Leave entitlement?                                     contract.
Section 13 When does the bank holiday start and end: is it midnight to             Whitley arrangements continue to apply, at least until the
           midnight as under Whitley?                                              interim regime comes to an end. Para 5.29 of the
                                                                                   September Proposed Agreement applies.
Section 13 Would staff rostered to work a 12-hour shift on a Bank Holiday be       Prior to Agenda for Change some staff groups had inclusive
           entitled to TOIL in excess of the 7.5 hours accounted for in the        annual leave entitlements: post Agenda for change para
           annual leave and holiday entitlement?                                   5.14 of the September Proposed Agreement applies.
Section    The question is on the additional Annual leave,                         See paragraph 5.13 of The Final agreement.
13.3       that staff will be credited with from
           October to March 2005.                                                  The calculation is Total before minus – Total After.
           Where organisations currently recognise 10 Bank Holidays,
           (Tuesday after Spring Bank Holiday and August Bank Holiday) can
           you please advise on the additional leave that staff will be entitled
           to post October 2004.
           There is a view that as A4C only recognises 8 bank holidays the
           additional leave under A4C should be reduced by the 2 days
           before the pro rata allocation has been given as these two
           additional days have already been given.
           The theory behind this is, that if the days had been included in
           annual leave (as some Trust have already done) these will be
           taken into account when the leave is adjusted and the increase in
           annual leave in these cases will be two days less than those staff
           who have 10 bank holidays at present.
Section    Equivalent time off: does this mean that someone on call from 9am       No – under these circumstances, the individual would be
13.4       Christmas Day to 9am Boxing Day would accrue 24 hours TOIL?             entitled to one of their normal shifts in lieu.
Section    With Reference to Bank Holiday working. If a member of staff            Yes under Agenda for Change, but if this is classed as
13.4       works for example 13hrs on a bank holiday, will they receive 13hrs      unsocial hours currently with different arrangements, these
           as time to be taken off at a later date?                                are rolled forward until 1st April 2006.
13 –        The handbook advises that staff who are sick on          bank          Yes
Annual      holidays are not entitled to claim the day back.
Leave and What about part-time staff that will have their bank holidays added      They are treated the same as full-time staff. Section 14.8
General     to their annual leave and are therefore required to take bank          applies.
Public      holidays which fall on days they would normally work as annual
Holidays      leave.                                                              No, no reclaiming of annual leave.
             Can they seek to claim the annual leave back or are they to be
             treated the same as full time staff
Section      Would the % paid to bank staff for annual leave increase after 5     Not unless determined thus by a variation to the national
13.9         and 10 years of service?                                             T&C handbook.

Section 14 Would pre-rostered overtime payments still be paid when the            Yes for pre-determined contracted overtime, but no for the
           employee is off sick?                                                  ad hoc agreement to work over the following day, for
Section 14 Sick pay is calculated on the basis of what the individual would       SPS can undertake this function in payroll departments.
           have received had he / she been at work. How will this work for, for   Specific details on the treatment of sick pay and unsocial
           example, long term sickness and for those where there is no fixed      hours continues nationally.
           pattern of work / enhancements? If, as discussed briefly, there is a
           reference period, will payroll departments calculate this or will it
           need input locally?
Section    Reference Ian Stead‟s paper on A4C. It mentions RRP‟s – does           Yes both forms of short and long term RRP‟s are included.
14.4       this include short as well as long term RRP‟s for the calculation of
           sick pay?
Section    Exactly what on-call arrangements would be included in the             Pathology – yes, pay if off sick.
14.4       calculation of sick pay?
           For example, in one department they have a set payment for call-       Others: if they don‟t get out of hours work built into sick pay,
           out, which they receive whether they are called out or not.            agree a reference period – 3 months as default – and pay
           However, for other staff they would only receive the payment for       accordingly, including stand by and any other call out hours.
           stand-by as it would be indefinable to pay for work carried out. Is
           this correct?

Section      Payment of salary to employees who are absent from work due to       Yes
14.12        (say) a road traffic accident where damages are recoverable from a
             third party. At present they receive a “loan” amounting to sick pay,
             which is reclaimed. Will this continue under A4C?
Section      No additional day off sick on a statutory holiday only. There is no     The handbook says no, no entitlement. We believe Section
14.8         mention of general public bank holidays. I should be grateful if you    14.8 means this.
             could query the entitlement to have a day off at another time if a
             nurse is sick on a Public or Bank Holiday. As you are aware this        Whether you are part-time or full-time you do not get the day
             was allowed for nursing staff under Whitley but A4C is silent on this   back if you happen to be sick if you are rostered.
Section 15   Does the maternity leave section apply to all NHS employees, even       The intention is that it does apply.
             those who do not fall within A4C terms and conditions? It mentions
             the „NHS contractual maternity leave scheme‟ suggesting this
             agreement applies to all NHS employees.
Section 15   The number of weeks during which the employee receives half pay         EWC commencing 5 Dec, not 1 October. This is because
             + SMP/maternity allowance has increased from 14 to 18 – can you         the Maternity section was negotiated entirely separately
             check this is correct and if so what is the effective date? Is it 1     from Agenda for Change but included in the new T&C
             October 2004 and, if it is, will it apply to employees who started      handbook
             their maternity leave from 1 October or whose expected date of
             childbirth was from 1 October?
Section 15   It now includes a statement that women who have recently given          See section 15.42 of T&C handbook. Yes it is normal pay for
             birth should have paid time off for post-natal care – would this be     that period.
             full pay?
Section 17   What happens about mileage payments for on call staff travelling to     Your current arrangements apply, although minimum rates
             work?                                                                   for mileage allowances will be set out in the T&C Handbook,
                                                                                     so you will need to ensure that you are offering at least
                                                                                     these rates.

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