RepsDirect No 173 - 10 April 2003

From

Head of Health, Roger Spiller

General Secretary, Roger Lyons

The document below applies in Scotland only and could be seen as preparation for Agenda for Change. There is however no additional funding for this. Lower paid Amicus members in the rest of the UK may wish to compare their own conditions to those proposed for in Scotland.

Officers in Scotland will be in touch with Reps over the implementation process.

_________________________________________________________

Health Department
Human Resources Directorate

Dear Colleague

NHS SCOTLAND - LOW PAY AGREEMENT

Summary
1. Following recent discussions between NHS Scotland employers and staff side representatives an Agreement on Low Pay has now been reached.

2. Details of the agreement and the framework for the implementation arrangements are attached at Annex A.

Action
3. Trusts and NHS Boards are asked to ensure that the Low Pay Agreement is implemented as set out in the Annex to this letter.

4. A Direction Order to enable NHS Boards and Special Health Boards to implement the framework will be issued separately.

5. Employers are asked to make their own arrangements for obtaining any additional copies of this letter. This letter can also be viewed on http://www.show.scot.nhs.uk/sehd/hdl.asp.

Yours sincerely

MARK BUTLER
Director of Human Resources GERRY MARR
on behalf of NHS Scotland Employers

27th March 2003

______________________________

LOW PAY AGREEMENT EXPLANATORY NOTE MARCH 2003
INTRODUCTION

1.	Pay is a major determinant of NHS Scotland's ability to recruit, retain and motivate the staff needed to deliver quality services.
2.	In recognition of the priority given to addressing Low Pay in NHS Scotland, signalled in the National Health Plan, NHS Scotland and Trade Unions and Professional Organisations have now reached agreement on a low pay deal. This deal means that with effect from 1 December 2002 no NHS Scotland employee will earn less than Ł5.18 per hour.
3.	This document sets out the framework for implementation of the low pay agreement and is binding on NHS Scotland employing authorities and Trade Unions/Professional Organisations, in the same way the Millennium Agreement was. It has been produced to ensure the fair and consistent implementation of the agreement across the Service.
4.	NHS employing authorities in partnership with the appropriate Staff Trade Unions will be responsible for overseeing the implementation of this agreement and monitoring its effectiveness.
IMPLEMENTATION ARRANGEMENTS
Ancillary Staff
5.	With effect from 1 December 2002 no one in the NHS Scotland will earn less than the agreed minimum salary of Ł5.18 per hour.
6.	A single supervisory rate of Ł5.81 per hour will apply from the same date. Those supervisors who are on a higher rate of pay will remain on their current hourly rate on a personal basis. It is acknowledged that a number of supervisory and chargehand rates currently exist and the introduction of one rate may result in challenges for continued local supervision arrangements. In addition posts such as Senior Cook, who currently receive more than the Ł5.81 may prove difficult to recruit to at the new Supervisory rate. In both cases these issues should be reviewed and managed locally on a partnership basis with the appropriate trade union.
7.	A variety of bonus arrangements currently exist across the NHS. This Agreement means that bonus schemes, including attendance allowances, will cease to exist. Up to 10% bonus, will be consolidated into basic pay, eg a member of staff currently earning Ł4.62 per hour + 20% bonus, which using the bonus calculator equals 46p per hour, 10% would be consolidated and the other 10% would be added to the Ł5.18, giving a protected rate of 23p per hour. This element of protection will be on a personal basis.
8.	All leads, allowances and enhancements will continue to be paid as at present, but based on the new hourly minimum rate i.e. Ł5.18 or Ł5.81 as appropriate. This is subject to detailed discussions with Payroll to determine alternatives to spine point additions. (appendix 1)
9.	The new hourly rate (or personal rate if higher) will be paid during periods of sick or annual leave.
10.	In case of outsourced services NHS employers will enter into discussions to ensure that staff employed by the private contractor, but working on NHS premises, earn no less than NHS Staff.
11.	Employers will use their best endeavours to ensure that staff working for contractors in pre-existing PFI Schemes benefit from the terms of this Agreement.
12.	A reduction in hours from 39 to 37 1 /2 will be implemented from 1 April 2003 and no later than 1 October 2003. After 1 October 2003, normal overtime rates will apply to hours worked in excess of 37.5.
13.	Until employing authorities can reduce the working week to 37˝, hours up to 39 will be paid at plain time rate.
14.	There may be instances for a small group of full- time members of staff where, when the reduction in hours to 37˝ hours per week is achieved, individuals may earn less than prior to the introduction of the agreement. In such circumstances the original weekly wage will be protected on a no-detriment basis eg 39 hours at Ł4.62 per hour + 45p bonus = Ł197 per week; 37˝ hours at Ł5.18 per hour = Ł194 per week.
	The Ł3 difference will be the protected element on a personal basis.
Unqualified Nursing Staff
15.	With effect from 1 December 2002 no member of staff will earn less than Ł5.18 per hour. This means the minimum point of the Grade A scale will become Ł10,129 per annum. Staff will retain their current incremental date and on the next incremental date will move to Point 02 of the current Whitley pay scale.
16.	All leads, allowances and enhancements will continue to be paid as at present and where appropriate will be based on the new hourly minimum rate.
17.	There is no change to the standard working week.
Unqualified PTB Staff
18.	With effect from 1 December 2002 no member of staff will earn less than Ł5.18 per hour. This means that the minimum point of the MLA and ATO scales will become Ł9994 per annum. Staff will retain their current incremental date and on the next incremental date will move to spine point 06 of the current Whitley pay scale.
19.	All leads, allowances and enhancements will continue to be paid as at present and where appropriate will be based on the new hourly minimum rate.
20.	There is no change to the standard working week. Administrative and Clerical Staff 21.With effect from 1 December 2002 the minimum point of the Administrative and Clerical scale is removed and therefore the minimum salary for Administrative and Clerical staff is spine point 07, currently Ł10,716 per annum.
22.	In addition a new A&C 2/3 linked grade will be introduced. Whilst the new minimum salary is effective from 1 December 2002, the new grade will be introduced by 31 March 2003. It is envisaged that the significant number of posts will progress through the linked grade, however, some posts will remain on the restricted grade 2, with a salary maximum of spine point 09. NHS employing authorities and appropriate Staff Trade Unions must oversee the process of identifying these posts, using the criteria set out below:- Posts will remain on the grade 2, if duties are restricted to the following: Duties will generally consist of single tasks which are routine in nature, little or no scope for autonomy, close supervision and little to no interaction with the general public/patients eg filing, photocopying, faxing and basic data input
23.	Staff remaining on the restricted Grade 2 will have no changes to their salary with the exception of implementing the new minimum salary and they will retain their existing incremental date.
24.	A new start to a restricted grade 2 post may start at any point on the grade dependant upon experience, qualifications and existing salary and will progress to the top of the Admin and Clerical Grade 2.
25.	Any Admin and Clerical Grade 2 employee identified as eligible for the linked grade and who moves from the previous Grade 2 to Grade 2/3 will receive 1 increment from 1 December 2002.
26.	1 December will be the common incremental date for all existing A&C Grade 2 staff moving onto the Grade 2/3. Any member of staff currently earning Ł10, 382 or Ł10,716 will move to Ł11, 061 with effect from 1 December 2002, which means a small number of staff will receive 2 increments. Movement through the A&C 2/3 scale will be based on normal Whitley Council progression.
27.	A new start to a linked 2/3 post may start at any point on the linked grade dependant upon experience, qualifications and existing salary and will progress to the top of the Admin and Clerical Grade 3.
28.	In case of staff employed by GP practices Primary Care Trusts will enter into discussions to ensure that staff employed by the practice earn no less than NHS Staff.
General Principles
29.	The removal of differentials is accepted by all parties. The new minimum hourly rates have therefore been agreed on the basis that no grievances or disputes about the erosion of the differentials will be considered.
30.	All parties agree to progress in partnership a number of key performance measures, similar to those set out in the Lothian agreement (appendix 2)
Other Outstanding Grading Claims
31.	With regards to all other outstanding grading claims, individual claims must be prosecuted at local level, based on the model grading policy set out in the PIN guideline " Dealing with Employee Concerns". Both sides can agree locally on how this process can be managed.)
Harmonisation
32.	NHS Scotland will harmonise Terms and Conditions back to Whitley Terms and Conditions of Service by October 2004.
33.	This agreement is not intended to cut across the variety of local conditions of service agreements in existence. Local implementation issues will be dealt with through the appropriate Staff Trade Unions.
34.	However if there is an issue of interpretation relating to the low pay agreement and its impact on existing local arrangements that cannot be resolved locally, matters can be referred to the Management Side Chair of the Negotiating Group responsible for the Agreement, who will ensure that relevant partnership based discussion take place with the appropriate trade unions.

Appendix 1

SPINE POINT ADDITIONS
Currently Ancillary Staff receive a number of different allowances which are linked to additional points on the Whitley Pay Spine. These are in respect of the following:

Description	Additional Spine Points
Care of Patients Allowance	2
Foul Linen(non Laundry/Sewing Staff) Qualification Allowance	3
Foul Linen(Laundry/Sewing Staff) Alternating Shift	6
Regional Secure Unit	8
Rotating Shift	10

The new hourly rates which would apply are as follows:-

No of Additional Spine Points	Supervisory Rate	Non-supervisory Rate
2	Ł5.927	Ł5.277
3	Ł5.987	Ł5.326
6	Ł6.168	Ł5.478
8	Ł6.292	Ł5.584
10	Ł6.419	Ł5.694

Appendix 2

(EXTRACT FROM LOTHIAN RECRUITMENT AND RETENTION AGREEMENT)

PERFORMANCE MANAGEMENT ARRANGEMENTS

Recruitment and Retention

The Trust will establish key performance indicators and ensure these are produced, and in partnership reviewed and acted upon on a regular basis.
The purpose of this arrangement is to ensure best practice is implemented by way of demonstrating compliance with the following recruitment and retention policies/practices.

Ensure that all staff involved in recruitment conform to the Trust's recruitment guidelines
Identify any recruitment training requirements
Analyse feedback from induction
Monitor turnover by department/function
Monitor turnover by grade
Identify specific reasons for employee turnover with suggestions on remedial action.

Management of Sickness and Absence

The Trust will, in partnership, further develop its approach to the joint assessment of sickness and absence trends with a view to further reduction in the sickness trend from 12% to 8%.
In line with best practice, arrangements will be put in place to ensure a comprehensive approach to the implementation of both back to work interviews and exit interviews.
Regular key performance indicators relating to

sickness, absence and general turnover trends
outcome from exit interviews, particularly relating to sickness and absence
analysis of sickness, absence and general turnover by department, job category, age group and gender
the cost of turnover to the organisation will be produced and trends and implications considered and acted upon accordingly.

Productivity/Flexible Working

Immediate arrangements will be put in place to jointly review the operational implications of reducing the working week from 39 to 37.5 hours with a view to speedily establishing areas where by improved flexible working arrangements, replacement hours/posts will not be required.
The Trust would also wish to further develop consideration of security arrangements within particularly St John's Hospital to determine, in partnership, where opportunities, following appropriate training and personal development might exist for this function, in part, to be undertaken by the present in-house team.

Reduction in Overtime/Agency Costs
All parties are committed to working in partnership with management to explore ways of reducing overtime and agency costs. It is recognised that overtime or agency staff may be used in the initial stages of implementation to facilitate a reduction in the basic working week. However, this is by no means a long-term solution and both parties are committed to ensuring that this does not become custom and practice.

Training and Development

The Trust will wish to work in partnership to further develop initial generic and thereafter focused departmental induction training programmes.
Arrangements will require to be developed to establish personalised training and development needs for individual members of staff and where appropriate establish a training opportunity.
Arrangements will be put in place to further encourage lifelong learning so as to provide staff members with the opportunity of enhancing their personal development and establishing new or enhanced skills that may be transferable or bring added value to other career opportunities. Such methods will be through SVQs, "Return to Learn" and other appropriate programmes.
The Trust in partnership will continue to develop its commitment to Modern Apprenticeship training.
Consideration will be given to the potential for developing generic worker arrangements and for this to be underpinned by a recognised accredited training programme.

Monitoring and Review
It is agreed that a key performance indicator report in respect of this agreement will be provided to the Trust Management Team and Trust Partnership Forum every three months. This will allow joint monitoring of progress towards the initiatives included within the agreement. In addition a joint report on progress will be submitted at each meeting of the Lothian Partnership Forum as part of the overarching Lothian-wide review of the agreement.

MARK BUTLER Director of Human Resources	GERRY MARR on behalf of NHS Scotland Employers
27th March 2003