Joint statement from EEAST and UNISON on holiday pay

A national framework agreement has been agreed between employers and NHS trade unions in the context of ongoing litigation regarding the calculation of the payment which staff receive during a period of annual leave. A recent legal case found that staff may not have been fully remunerated for overtime payments and, in particular, payments for voluntary overtime in the calculation of holiday pay.

As your employer EEAST are pleased to confirm that we are working with our recognised trade union partners Unison, to implement the national agreement in relation to the calculation of holiday pay for all eligible staff. With the support of our respective legal representatives, both EEAST and UNISON are in the process of resolving outstanding claims and offers to settle these claims will be made to staff that raised these claims in May 2021.

EEAST are working with NHS Employers and Unison to determine how the framework for retrospective payments will be calculated with the agreement made to pay any amounts owed to eligible staff by September 2021 payroll run at the latest. This process includes looking at overtime undertaken by eligible colleagues over the past two years and the exact methodology for this calculation and amounts due, will be explained to each eligible employee by August this year. This process will include any eligible staff who have left or leave employment but were employed by EEAST on 31^st March 2021.

NHS Employers is currently working on guidance for the future calculation of holiday pay for regularly worked overtime under the NHS terms and conditions of service (Agenda for Change). EEAST will continue to monitor this to ensure that appropriate pay mechanisms are put in place going forwards.

For more information on the national framework agreement - Outcome of negotiations on calculation of payment during annual leave - NHS Employers

For further details and frequently asked questions on the wider holiday pay related matters - Overtime payments and pay during annual leave - NHS Employers

This is a timely piece of working as EEAST know that many of our staff work overtime and have not been paid “as if working” when on periods of annual leave and EEAST want to ensure that any underpayment is made correctly and in a timely and fair manner.

Bob Champion                                   Jess Micallef
Interim Workforce Director               UNISON EEAST Branch Secretary

                                                    

Published 29th April 2021