Overtime and Additional Basic Pay Agreement

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Dear Colleagues

In December we told you about the work being undertaken by Ambulance Trusts and joint Trade Unions through the National Ambulance Strategic Partnership Forum to ensure overtime and additional basic pay are included in payments for holiday pay.  An interim agreement was reached to ensure payments would be received while changes to the national NHS payroll system (ESR) & Trust specific implementations are being carried out.

We are pleased to tell you that we have included related payments under this interim agreement covering April 1st, 2021, to December 31st, 2021, in this month’s (February) pay run.  Thus, all qualifying staff should see this reflected in their February payslip.

Further payments covering the period from January 1st, 2022, to implementation of the system & process amendments to ESR, will be paid to you at intervals which are being finalised. We will advise you of those payment intervals in due course.

In the meantime, we have included information regarding key features and FAQs at the bottom of this article, which you will have seen previously in December.  You will also find the detail of the interim agreement.

We will also add a section on this Interim agreement to the EAST24 site in the coming days.

Should you have any queries regarding your payments under this category, that are not answered in the FAQ’s or further details, then please email us on otannualleavepayment@eastamb.nhs.uk

Please put your assignment number in the subject of any emails sent to this email address.

With warm wishes,

Marika Stephenson

Executive Director of People Services

 

Overtime and Additional Basic Pay Agreement key points:

The Interim agreement covers from 1 April 2021 to until 6 months after the technical ESR solution on Average Pay has been developed which will apply consistently across the NHS.

Payments will arise for overtime or additional hours paid on substantive assignments.

Only substantive, fixed term, full and part-time employees under section 3 of Agenda for Change are covered by this agreement. Consistent with the NHS Staff Council agreement, bank assignments and hours worked on bank are not included.

No regularity eligibility restriction is applied to individuals to demonstrate that overtime/ additional hours is regular for them.

A payment of 13% of the value paid of overtime/ additional hours will be made.

Payments in relation to Additional hours will be pensionable pay in line with the additional hours payments themselves.

 

Other regular payments

In addition to the national agreement, which relates to overtime and additional basic pay only, English Ambulance Trusts have reviewed other payments currently being made to staff.

As part of the interim pay arrangements until ESR is updated each individual Trust has considered whether there are other payments which are both regular enough, and which appear by their nature to be likely to be considered part of pay relevant to the calculation and payment of holiday pay as set out in Agenda for Change.

Within EEAST we have determined that the following payments will also be included in holiday pay calculations moving forward from 1 April 2021:

  • Emergency Work payments
  • Meal break compensation payments

 

Frequently Asked Questions in the Ambulance Sector

Why is this being done now?  The national ESR solution is identified as being many months off, and it is collectively recognised that an interim agreement is the practical way to ensure timely payments can be made. Agreement between Trade Unions and Ambulance Trusts has been reached to ensure the approach is fair and practical.

Why has a 13% multiplier been chosen?  Until ESR is developed to enable holiday pay to be paid on an averaging approach a practicable solution which results in similar overall pay in the form of a multiplier allows for a timely payment approach.  Trade Unions have agreed 13% based on average leave entitlements across the sector.

Why is this lower than the 16% in the corrective agreement payment?  The 16% multiplier reflected a combination of the period of time over which overtime was not included, the number of eligible staff and the overall national estimated costs of those payments. The corrective agreement payment was also subject to individual assessment of eligibility on regularity.

Are my pension deductions affected?   Overtime is not pensionable and so the payment in connection with overtime is not pensionable.  Additional basic pay is pensionable and therefore payments made in relation to additional basic pay will be pensionable. This may mean an increased level of pay assessed for pension deductions and the calculation of pension deduction category.

What happens if I take my overtime as TOIL?  If you choose to take your overtime as TOIL then this overtime will not be taken into account in the calculations for a payment under the agreement. This is as Time off in lieu (TOIL) is taken instead of a payment for overtime.

I am a bank worker or have a bank assignment contract?  The agreement only applies to substantive staff employed on Agenda for Change who receive overtime payments or additional basic pay.

 

Published 24th February 2022