Terms and Conditions FAQs
This page provides the definitive answers to frequently asked questions about the implementation of the new Agenda for Change Terms and Conditions of Service. The answers have been agreed by the Executive of the NHS Staff Council and approved by the Scottish Pay Reference and Implementation Group (SPRIG).
The page is constantly being updated as new questions are submitted so please continue to review the page on a regular basis.
If you wish to submit a question that has not been answered in the list provided you can do so through your local Terms and Conditions Lead. A full list of the T&Cs Leads is provided in the contacts page.
- Recruitment and Retention Payments
- Are these payments able to be determined and paid at local Health Board level?
- The intention is that “local” in this context will mean “Scotland Wide”. Policies on this are in the process of being developed and will be issued as soon as possible.
- Unsocial Hours Working – Interim Regime
- What is the position of these payments during annual/sick leave?
Annual leave
Will be dealt with by increasing the additional percentage payments made in respect the Working Time Regulations. This will increase from the current 8.33% to 11.59% to reflect the additional annual leave received over and above that conveyed by the working time regulations.
Sick Leave
Payments continue as at present for those staff currently in receipt of them eg Ancillary and Maintenance Staff. Other staff groups will become entitled to these payments. See implementation guidance letter No. 1 - Extended Guidance for Managers.
- Alternating and Rotational Shift Payments are incorporated for Ancillary Staff but no mention is made of Maintenance Staff.
- This reflects that nationally the Ancillary Whitley Council Alternating and Rotational Shift Payments which are a set number of spine points cannot be transported into Agenda for Change. Maintenance staff retain their current arrangements.
- Does the restriction of payments to staff above Band 6 apply to any other staff group than Nursing and what impact is there on staff in this situation on Band 6 or above who receive a long term recruitment and retention allowance?
- This applies to Nursing Staff and to Staff Groups to whom the nursing provisions are applied as no current provisions exist.
Long Term Recruitment and Retention Premia Where in payment these will be added to the Band 6 to determine the sum used for the calculation of unsocial hours payments.
- What is the position of staff groups who have under Whitley Conditions a partial unsocial hours provision ?
- In these cases staff retain their current entitlements plus in addition receive the nursing rules for the additional elements.
- Hours of Work
- Current staff who work less than 37.5 hours are entitled to protection of hours in accordance with Table 9. What hours of work are used to determine the hourly rate for additional hours and overtime working?
- The hourly rate is determined by using the protected hours.
- When does the payment of Overtime apply to staff entitled to protection of hours?
- Overtime rates apply once the protected hours of work have been exceeded.
- Where part time staff work excess hours at an unsocial time do they receive these hours at plain time?
- These hours should be paid at plain time rate plus any additional payments due in accordance with the interim Working Outside Normal Hours regime.
- Do part time staff, following completion of a protected hours period, automatically have their hours increased pro rata or is this determined in discussion with the manager and member of staff?
This should not be automatic and will require discussion. It must be stressed however that part time staff have the right to increase their hours on a proportionate basis.
Whole time staff do not have a right to remain on their protected hours when they increase and any request to do so should be treated as a request to move to a part-time contract.
- What is the position of an employee with an entitlement to protected hours either taking up a new post within the same NHS Employing Authority or transferring from another NHS Employing Authority ?
- SPRIG have agreed that in order not to stifle staff from applying for promoted posts that where staff transfer to or take up new posts within NHS Scotland then they will retain their protected hours rights.
- Protection
- The Agenda for Change handbook only refers to protection on assimilation. Does this mean that the current Organisational/Managerial/Structural Change Protection Agreement for Scotland ceases?
- Agenda for Change protection on assimilation is only for that purpose. The agreement in Scotland on protection arising from Organisational/Managerial/Structural Change continues as at present.
- Annual Leave and Bank Holidays
- What is the position of staff who as a result of current Whitley or local agreements have an annual leave entitlement greater than that due under Agenda for Change?
Staff whose leave entitlement (both annual and public holiday in total) is reduced under Agenda for Change will have their existing entitlements protected for five years from the date of assimilation into the new system.
- How are Annual Leave/Public Holiday entitlements calculated where staff work non standard shifts eg 12 hour shifts?
- Staff in this situation should have their entitlements calculated on an hourly basis to prevent receiving greater or less leave than colleagues on standard shifts. Where this results in a lesser entitlement than at present then the protection rules above will apply.
- What is the annual leave entitlement provision where staff return to NHS employment following a break in service?
- Any previous period or periods of NHS service will be counted in assessing staffs entitlement to annual leave. Rules for verification of this service is a matter for each local Health Board Area.
- What service counts for annual leave purposes where staff have been Tuped into the NHS?
- All service in the NHS and that with the former company who Tuped the staff to the NHS would count for this purpose.
- Can you advise what days will be designated as the eight Public Holidays?
- The Human Resources Forum have approved the Public Holidays as being Christmas Day, Boxing Day, New Years Day and 2nd January. The remaining four days are to be for local Health Board determination.
- Leads and Allowances
- What happens to leads and allowances under Agenda for Change?
- Payments of leads and allowances which relate to job weight will cease and are taken into account through the job evaluation process in determining the Pay Band applicable to the post.
- NHS Pension Scheme
- Will the Pension Scheme Rules change as a result of Agenda for Change? Does Agenda for Change affect my entitlement to Mental Health Officer Status in the NHS Superannuation Scheme?
- The NHS Pension Scheme is set out in Statute in is not affected by Agenda for Change.
- Overtime
- What are the new provisions and if less than present do any protection rules apply?
The new overtime factors are Time + Half for all hours except hours done on a Public Holiday which are paid at Double Time.
There are no protection rules applicable to the overtime factors.
- The agreement indicates that staff can request time off in lieu as an alternative to payment. Can the three month rule within which this must be taken be waived?
- Where staff are unable for operational reasons to take this leave then payment must be made.
If this does not relate to operational reasons then staff can extend the period over which the time off in lieu is taken.
- Discretionary Points
- What happens to these on the implementation of Agenda for Change?
- Payments of discretionary allowances relate to job weight and will cease. These should be taken into account through the job evaluation process in determining the Pay Band applicable to the post.
- GP Practice Staff
- Are staff employed by GP Practices affected by Agenda for Change?
- Currently Agenda for Change is only applicable to staff employed by and whose contract is issued by the NHS. At this time it is being brought to the attention of GP Practices but it is not mandatory for them to adopt it.
