AgendaforChange NHS Wales Working in Partnership Part 3 Section of Query Response Given Handbook 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 this. 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 count. 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 instance. 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. point 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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