RepsDirect No 206 - 12 September 2003

Head of Health, Gail Cartmail General Secretary, Roger Lyons

Responses to Queries Raised by EI Sites Part 3

More queries raised by members in the Early Implementer Sites.

Q. What happens to part time staff where the full time hours for the post reduce or increase under Agenda for Change?

A. Part time staff in these circumstances may opt either to retain either the same number of hours they currently work or have their part time hours altered to represent the same percentage of full time as is currently the case.

Q. What is normal retirement age? How does this impact on special classes retiring at 55?

A. Normal is what is normal for the group. I.e. if you are in one of the special classes, able to retire at 55, then 55 would be the normal retirement age.

"Special classes is a pension provision, pension provisions are outside the Agenda for Change agreement."

Q. What happens when a post holder in a post which has an R&R premia attached to it, is promoted?

A. We do not intend to issue rules on this however common sense would suggest a promotion that results in an individual earning less, should be avoided.

This may be done by assimilating the individual to appoint on the new Band which results in the individual receiving an increase or, if justified, by applying an RRP to the new post.

Q. In respect of transitional points as covered in 46.12 when will assimilation be deemed to be complete?

A. For staff in EI sites the minimum transitional points available are:

 From 1 June 03 to 31 May 04 the lowest point
 From 1 June 04 to 31 May 05 the second lowest point
 From 1 June 05 to 31 May 06 the highest transitional point.

For all other NHS staff the dates are as follows:
 From 1 Oct 04 to 30 Sept 05 the lowest point
 From 1 Oct 05 to 30 Sept 06 the second lowest point
 From 1 Oct 06 to 30 Sept 07 the highest transitional point.

All of this is subject to paragraph 46.13.

Q. What may EI sites do in circumstances in which the Agenda for Change starting salary is lower than the Whitley salary (eg basic grade AHP's) between 1 June 03 and rollout?

A. There are 2 possible options.

One is the use of a short-term recruitment and retention premia, where justified; the second is starting staff above the minimum of the scale.

Q. My understanding of the assimilation process unto a new pay point, is that the assimilated pay includes basic salary + all leads, allowances and bonuses you currently have. London Weighting will be excluded and be paid as the 'High Cost Area Pay'.

Also to be paid separate will be 'Working Outside Normal Hours' which was the old unsociable hours pay.

From this process my understanding as nurses 30% night allowance would be construed as the old unsociable hours pay and would therefore be discontinued and night nurses would be paid the maximum of 25% 'Working Outside Normal Hours' pay under the new system.

This would also imply there could be no pay protection attached to their current 30% night allowance, only to their assimilated salary, should they end up beyond a final pay point in the band they were matched to.

A. If the new pay +25% is less than the old pay +30% the difference is protected

Q. 6.27-6.29. Promotion and temp movement to higher band talks about "an increase in pay".

It is not specific whether this is total pay or basic pay only - would assume basic.

A. Basic + RRP if applicable.

Q. Section 12. "Continuous previous service" currently up to 3-month break is allowed under this term. Do new T&C not allow any breaks at all?

A. Yes, see 12.3 and 12.4.

Q. Section 35. Adoption leave.

This section does not seem to be in step with the statutory requirements.

A. Currently under revision

Q. Section 46.7. "Any pay increase and other improvements in T&C" will be backdated to effective date.

Does this mean that any detriment suffered will not be backdated?

i.e. in calculating arrears due must pay be split down into each of the components and compared separately - those that are favourable paid and those that are not ignored, even if when comparing the total pay before with the total pay after there is an overall increase?

This would run contrary to the principles established for both assimilation and protection which both deal with combined pay.

A. Any net detriment must be protected.
This points to the need to ensure that post holders and payroll are not told about the new pay band separately from calculations of what will apply under unsociable hours payments.

Q. Section 46.36. Staff with less on call payments than previously will be "protected in accordance with the Pay Protection provisions".

These provisions talk about "combined pay" before and after assimilation which includes on call on the list.

What is this paragraph actually saying?

A. That protection around non-Whitely on call systems is calculated separately from the rest of the package.

Q. Annex C paragraph 14-16.

Hours outside of normal hours when there is rostered overtime.

In adjusting for the proportion of hours relative to a standard working week is this to be calculated using the whole period of the rota or just the week concerned.

A. The whole rota.

A number of outstanding issues require further discussion and this will take place at the next JSG.

These will then appear in the form of further questions and answers.

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