Agenda for change Scottish On-call Agreement October 2012

The context – the aims of AfC To ensure equal pay for work of equal value, To harmonise and rationalise the former Whitley system, and To provide a common set of terms and conditions applicable to all job families (excepting doctors, dentists, and senior managers) that would include all elements of pay and annual leave etc.

The context - UK and Scotland NHS Staff Council in July 2010 agreed that it was unlikely in the foreseeable future to produce a UK wide agreement for the payment of on-call and that the matter should be determined locally within agreed principals. Late 2010 an on-call subgroup of the Scottish Terms and Conditions Committee was established to negotiate future on-call arrangements on a Scotland wide basis within the principles set by the NHS Staff Council.

The Scottish on-call agreement Agreed within STAC on Thursday, 27 th September 2012 To be issued as a PCS and applicable to all staff subject to the AfC Agreement. Effective from 1 st October 2012 and to be implemented by 31 st January 2013 under the auspices of an implementation group accountable to the local Area Partnership Forum.

On-call agreement - application The agreement covers situations where staff are on-call when, as part of an established arrangement with their employer, they are available outside their normal working hours – either at the workplace, at home or elsewhere – to work as and when required.

Payment for being available An on-call availability allowance will be payable for each on-call session as part of a specific roster commitment to be on-call, with part-time staff eligible for the same payment. The working week is split into a maximum of 9 on-call sessions: 1 session each day mid- week, 2 sessions each day at a weekend, and 2 sessions each day of a public holiday.

Availability allowance From 1st October £16.50 per session, From 1st April £17.00 per session, From 1st April £18.00 per session, and Thereafter the availability allowance from 1st April 2014 onwards will be increased in line with any Agenda for Change pay awards.

Payment for work done Will be at time and half of the hourly rate of the post holder for the duration of the call out, with double time being paid on a public holiday.

Duration of a call out For staff called to work from home the duration of the call out will include the actual travel time to and from work and be rounded up to the nearest 15 minutes. For staff that undertake work at home the duration of the call out will be the actual time to complete the work. A locally agreed mechanism will be required to define when the period of work done has started and finished for staff required to remain in the workplace whilst on call.

TOIL for work done Staff, except those on protected earnings, may opt to take time off in lieu (TOIL) rather than payment for work done. TOIL will be at plain time rate. TOIL for work done should normally be taken within 3 months or according to the needs of the Service. Payment (which should be at the rate applicable at the time the work was undertaken) will be made if staff are unable to take TOIL within 3 months.

Payment for sleeping in An allowance will be paid for each period of sleeping in undertaken equivalent to the on-call availability allowance but in addition to this staff will receive a payment of two hours (four hours for a shift undertaken on a public holiday) at the Scottish minimum hourly rate. The sleeping in allowance is not applicable to staff who are on rostered night duty. Any emergency work carried out during the sleeping in period will be paid as work done for on-call based on the duration of the work undertaken rounded up to the nearest 15 minutes.

Compensatory rest Must be given in line with Section 27 of AfC NHS Terms and Condions of Service Handbook and HDL (2003)3.

Protection of earnings Any staff who may suffer loss of earnings either directly or indirectly as a consequence of the introduction of the new on-call payment system will be entitled to mark time protection of earnings. Staff that are already on organisational change protection may elect either to continue with their existing protection or move to protection under the agreement.

Protection reference period Will be the period 12 weeks or 3 months immediately prior to 1 October 2012, but If this does not fairly reflect average earnings (e.g. because of length of rota or maternity leave) another reference period of up to 52 weeks/12 months should be agreed by local management, HR and staff organisations.

Calculation of protection

Protection, is it time limited? No there is no limit of time. The level of protected earnings will continue to be paid on a ‘mark time’ basis (i.e. no increments or cost of living increases) until they are overtaken by the level of earnings achieved under the new arrangements. Protection will cease if you choose to change jobs, choose to leave the on call rota or leave the NHS.

Conditions on staff receiving protection Staff can be expected, within reason, to undertake on call duties up to their protected earnings limit. Employees in receipt of protected earnings will not be expected to undertake a proportionately greater level of duties which would otherwise attract additional payments than their colleagues.

Conditions on staff receiving protection The extent to which staff may be asked to undertake additional on call duties should not exceed that of the individual’s working pattern prior to the change. If earnings for any additional duties exceeds the protected level of earnings then payment in excess of the protected level will be paid.

Any questions?