RCN wins vital test case over NHS pay

Published: 23 February 2012

The Royal College of Nursing today (February 23) called for all NHS employers to uphold agreed terms and conditions for staff after winning an important test case at an employment tribunal.

The RCN, alongside Unison and Unite, were successful in challenging a decision by Central Manchester Hospitals Foundation Trusts (CMFT) to withhold incremental pay rises for 83 staff on the basis of their sick records. The NHS Agenda for Change pay agreement provides a contractual entitlement for NHS staff to receive a certain number of pay increments in each grade as they gain greater competence and experience.

The trust withheld increments from staff whose reasons for taking sick leave included being physically assaulted by a patient, and recovering from major surgery.  The tribunal found that this constituted an unlawful deduction of pay and that the Trust must repay those deductions to the claimants.

RCN Chief Executive & General Secretary, Dr Peter Carter, said: “We are delighted that the tribunal found in the RCN’s favour. Put bluntly, we feel it is outrageous that an employer should attempt to withhold payments simply because a member of staff is sick.  Under Agenda for Change, increments can be withheld  - but only in certain strictly defined circumstances. We strongly believe – and the tribunal upheld this belief – that these circumstances do not include sickness absence.

“If unchallenged, this decision by CMFT could have had major repercussions for NHS staff across the UK.  This decision sends a clear and decisive message that employers must adhere to the agreed terms and conditions. ”

The tribunal found that: “The decision to defer the incremental pay rise was made without any prior discussion or consultation with the claimants about their absence and the impact, if any, upon their performance.  The unanimous judgement of the tribunal is that the claimants’ claims of unlawful deduction from pay are well founded.”