FAQs

Here you will find a list of the most frequently asked questions. Each question is given as a bullet point, with a full explanation below.

Who will be covered by Agenda for Change?

The new pay system will apply to all directly employed NHS staff, except those covered by the Doctors' and Dentists' Pay Review Body and very senior managers (vSMP). Staff currently on local contracts will have a choice whether or not to move onto the new system.

The system will cover all nurses in NHS trusts, including Foundation Hospitals. All nurses working in health authorities and nurses on Whitley, 'shadow' or 'mirror' Whitley contracts will move to new national contracts.

Nurses in private sector hospitals, homes and clinics and GP practices are not covered by AfC, as they are not employees of the NHS. However, the current NHS pay arrangements exert a powerful influence over employers and the terms and conditions that they offer to their staff. The RCN believes this will continue to be the case. We expect to see, over time, the new terms being offered to non-NHS nursing staff in the private and independent sectors.

Where will I assimilate on the new pay spine?

In the majority of cases, nurses will assimilate to the closest point, equivalent to or above their current salary point on the new pay spine.

How is it decided which pay band I will be placed in?

The 16 factors in the Job Evaluation (JE) scheme measure the skills and responsibilities undertaken in your post and it is these that are the key to identifying which pay band your post goes on to. The JE factors provide a job score, which will then be used to place your post on the new band. The national job profiles that have been developed are designed to make the process of assimilation as straightforward as possible.

Is there still incremental progression through the pay spines under AfC?

Each pay band or pay range will have a number of points. Each year, staff below the maximum point of their pay band or pay range can expect progression to the next highest point.

There are also two points on each pay band, known as gateways when there will be an assessment of the knowledge and skills that staff are applying in their jobs.

Pay progression at the two gateways is linked to the demonstration of applied knowledge and skills.

The necessary arrangements will be in place locally, including support for managers and staff, and a robust monitoring system to ensure fairness and consistency. The values of these points increase in steps of around 3 per cent.

The first gateway in each pay band is after one year in post. The second gateway will vary between pay bands as follows:

Pay band 1 Before final point
Pay bands 2-4 Before first of last two points
Pay bands 5-7 Before first of last three points
Pay band 8 ranges A-D Before final point.
Are trusts able to progress staff more quickly up a pay band than at the annual salary point?

No. Accelerated increments are only found in Band 5 for new entrants. Otherwise there are no provisions enabling accelerated progression within a pay band

Is there any scope to recruit staff at a point higher than the minimum of the pay band?

The agreement is silent on this. When a nurse applies for a post and is successful there will be the normal discussion about at what salary point she will start on. This is usual in all offers of employment. The nurse and her prospective employer will negotiate a starting rate of pay.

Do discretionary points disappear?

Yes. These were imposed on the service by the Government and were not a part of any Pay review Body award. Not all nurses were able to access them and their use around the UK has been sporadic.
What are the new incremental dates?
If you are on the maximum of your current scale, your incremental date will be the date of assimilation (October 1). Staff assimilating from below the maximum of their current scale will retain their existing increment date. For new staff, the increment date will be the date they take up their new post.

Are job profiles of physiotherapists, occupational therapists or other groups on the same pay spine as nurses, available to look at somewhere?

Yes, they can be downloaded from here.

Have job profiles been produced for every speciality?

The majority of posts will match one of the national job profiles. There are now 335 profiles for posts in the NHS

A few managerial and senior clinical roles will need to be evaluated locally using the national agreement on the use of the Job Evaluation Scheme. Some unique jobs will also need to be evaluated locally.

What if someone does not agree with the evaluation of his or her job?

It is expected that the majority of NHS jobs will be covered by the current profiles. If someone does not agree with the band that they have been placed on they can ask for a ‘review’.

In my workplace, as a consequence of local pay, trust mergers and grade mix reviews, nurses doing the same job are being paid differently. Is this addressed under AfC?

Yes, AfC provides a level playing field, not only in the workplace but also throughout the UK. All jobs with the same ‘job weight’ will be paid the same – not just within nursing but across the service.

What about occupational health nurses?

The majority of occupational health posts will have to be job evaluated locally and profiles produced, as their role can be quite variable depending on individual Trusts (i.e. from running the service through to booking occupational health assessments for new employees, and anything in between). Therefore the range could be between bands 6-8.

What does the term specialist nurse mean?

Regardless of speciality, a Specialist Nurse undertakes specialist nursing procedures, provides clinical supervision to students, may undertake research/clinical audit and has an appropriate post basic qualification. However you should be aware that it does not follow that working in a ‘specialist area’ makes you a specialist. The key issue will be about the exact nature of your role and responsibilities.

What is meant by the term highly specialist nurse?

In addition to the criteria identified for a Specialist Nurse, a Highly Specialist nurse will plan specialist nursing provision, develop specialist protocols, provide specialist education and training, and undertake appropriate research.

Where do nurse manager's slot in?

Due to the enormous variety of roles, it is difficult to provide accurate profiles for senior managers. However, the majority should slot into one of the band 8 or band 9 scales subject to job evaluation.

I have been invited to attend an interview for the post of job analyst - staff side at Department of Health. What type of issues do I need to cover?

There are two key areas to consider before your interview. Firstly, the role of the job analyst - remember this is a technical role rather than a representative one. Your role as job analyst would be as follows:

To ensure that the job evaluation questionnaire is produced to agreed standards, equality requirements and time scale.
To ensure all parties are satisfied with the job analysis process.
To check and test the information provided by the jobholder to ensure accuracy and clarity
Secondly, the skills required. The role involves good communication skills and a logical, methodical approach. Think about how you would approach a jobholder who is not giving you good, clear information about their job. How would you set about prising it out of them and how would you impress on them how important it is to get the right information about their job.

I'm currently an E grade staff nurse working as the only nurse in a medical physics department. My roles include ordering supplies, cannulation, administering radiopharmaceuticals. In addition, this includes manual handling facilitation, diabetes link nurse, infection control link nurse and I am about to train as CPR facilitator. I am also involved in assisting with cardiac stress testing.

Because the role is so unusual, it is likely that your post will need to be individually evaluated.

What are the working hours under Agenda for Change?

For all newly appointed full-time staff, there will be a standard working week of 37.5 hours.

For existing full-time staff whose current contracted hours are below this level, standard hours of 37.5 will be introduced on a phased basis.

Pro rata arrangements will apply to part-time staff.

If all staff now have a 37.5 hour working week, what implications are there for part-time staff? Does this mean no part-time working is allowed?

Part-time contracts will continue to be available. The proposals apply on a pro rata basis. This is also the case with on-call payments.

The change to the working week simplifies the current system of different groups of staff working different hours, which complicates pay roll processes and causes problems for team working. Under AfC, everyone will work the same basic hours a week.

Part-time working for everyone is worked out on the basis of a 37.5 hours week.

(e.g. for someone working 18.75 hours, this will count as 0.5 whole time equivalent, whatever their work).

What are the payments for working overtime?

All staff in pay bands 1-7 are eligible for overtime payments. There is single harmonised rate of time and a half for all overtime, with the exception of the work on Bank Holidays, which will be paid at double time.

AfC indicates that overtime payments will be eligible for full time staff working extra hours. How does it work for part time nurses working extra hours? At present no one gets paid until they have worked more than 37.5 hours (and then only in extreme circumstances). We are offered time owing only. Does this continue under AfC?

It is the same under AfC. Part time staff will be paid overtime at plain time rates until they exceed 37.5 hours. An important difference about the overtime arrangements under AfC however, is that the first presumption is that staff are paid for their overtime. At the moment, it is assumed that staff will take time of in lieu (TOIL). Staff are able to choose to take TOIL but it will be their choice, it won’t be forced on them.

What is happening with unsocial hours?

After testing in the Early Implementer sites in England and four project sites in Scotland, it was decided that the new AfC proposals for unsocial hours should be subject to further consideration and negotiation.

In the interim, nursing staff working within the NHS will continue to be paid on the unsocial (special duty) payments they currently have under the Whitley arrangements or in accordance with other existing local arrangements.

Council is committed to consulting with members on any new proposals for unsocial hours.

How does AfC help people living in high cost areas?

For staff working in London and the London 'fringe' areas, the new system has harmonised allowances to replace London weighting, fringe allowances and Cost of Living Supplements. The allowances is expressed as a percentage of basic pay and is pensionable (including the value of any long-term recruitment and retention premium), but subject to a minimum and maximum level of extra pay.

How are the high cost of living areas defined?

The zones for high cost area payments are defined as inner London, outer London, and fringe areas. These zones are based on the current Primary Care Trust geographical boundaries and are set out in Annex H of the Agenda for Change Terms and Conditions of Service Handbook.

What about leads, allowances and bonus schemes?

Most leads and allowances are taken account of by the Job Evaluation Scheme factors and are consolidated into higher basic pay. Many bonus schemes appear to conflict with equal pay principles and so are consolidated into basic pay on assimilation.

How should COLS be treated in areas outside London and fringe?

Current entitlements for COLS in areas London and Fringe will continue but will be re-expressed as long term recruitment and retention premia payments.

I am considering leaving my hospital based job and finding a job in the community. I have 10 years service with my Trust so would qualify for the full ten years service annual leave. Under Agenda for Changed does the 10 years entitlement mean 10 years for that specific trust or 10 years for the NHS? I am concerned that if I leave I would have to start at the bottom of my entitlement again.

It will be your NHS service that counts so you will get the benefit of the extra leave, i.e. 33 days plus 8 bank holidays.

AfC mentions nothing about maternity leave, working time, redundancy provisions and sick leave - what happens to these entitlements?

Redundancy and entitlements to sick leave remain the same. Maternity/adoption leave provisions in Whitley have been improved upon, for example it makes it clear what you are entitled to if you are adopting a child. Working time issues will be updated. These are included in the new terms and conditions handbook.

I left the NHS in February 2002 after 12 years service and returned to the NHS in August 2003. Will I get 27 or 33 days annual leave?

33 days, because all service you have had regardless of a 12 months break in service, is counted for the purposes of annual leave.

For the purpose of annual leave is the length of service accumulative or does it start from the beginning, if nurses change employment/employers?

Entitlement to annual leave starts building as soon as staff start work for the NHS and is continuous. It is hoped that AfC will make a difference in the longer term to recruitment and retention so that the shortages that cause difficulties for staff taking leave now will gradually be eliminated.

Could someone please clarify what the public holidays allowance will be in Northern Ireland? Will it be 10 or 12 Public Holiday's?

In Northern Ireland the entitlement includes the two extra statutory days, however there are 10 public holidays.

Are there protection arrangements?

If any element of a members current pay package is adversely affected by AfC, they will be protected until:

their total level of earnings under AfC exceeds the level of pay protected pay
a person changes a job voluntarily
30 September 2009 for those in Early Implementer sites
31 March 2011 for staff in national implementation.

The pay protection arrangements will operate by taking into account:

the level of basic pay before assimilation
the level of any London weighting or Fringe allowances, including Cost of Living Supplements in these areas
the average payments from any shift allowances and unsocial hours payments during a prior reference period
leads and allowances measured within the job evaluation scheme.
I formally worked as an F grade deputy sister, my ward went through a re-organisation and my post was made surplus to requirements. As a result I was slotted into an E grade community staff nurse post with pay protection on my F grade post. How will my protection be affected under AfC?

You can choose to stay with your existing arrangement and be paid as an F grade deputy sister (with annual pay rises if this was also agreed) or if you prefer, i.e. it works out better, move to the AfC protection. The AfC protection works as follows:

Pay before assimilation is looked at, that is basic pay, plus any leads/allowances, shift payments i.e. you're existing F grade protected salary. This is compared with where your job moves to on the new pay bands, probably band 5. You would be paid the new Band 5 salary plus the difference between this and your existing salary but on a mark time basis (i.e. without annual percentage uplifts) and up until 2011 only. With this in mind remaining on your current protection arrangement is likely to be the best option for you.

In view of recent increases in fuel costs, are there any plans to increase the nationally agreed rates of mileage allowances?

The general principle is that staff using their own cars for NHS business should not be disadvantaged as a result of increases in motoring costs. The national provisions on mileage allowances set out in Section 17 of the NHS Terms and Conditions Handbook contains flexibilities which allow staff and employer representatives to agree arrangements which provide benefits to staff beyond those provided by the national provisions or are agreed as operationally preferable. We are aware that some employers have agreed in partnership variations to the national rates to address particular problems.

The national Agenda for Change partners have agreed to review Section 17 of the Handbook as part of next years programme of work.

Does "Agenda for Change" have any effect on superannuation, specific to mental health officer (MHO) status? I have heard rumours that it will be abolished under Agenda for Change.

No, pensions are separate and not affected by AfC. However, the NHS pension scheme in England and Wales is currently under review. Scotland and Northern Ireland are undertaking their own reviews. The review process is being undertaken by NHS employers in partnership with the Department of Health, the Welsh Assembly Government, NHS trade unions and other key stakeholders.

The RCN is actively involved in this process. In England and Wales a consultation on proposed changes to the NHS Pension Scheme is underway. RCN members will have the opportunity to make their views known through the RCN.
Further Information: NHS pensions review

Is the Knowledge and Skills framework a performance related pay scheme in disguise?

No, it will support Continuing Professional Development (CPD) and good practice. It is consistent with the RCN's education objectives and for the first time, it places an obligation on the employers to facilitate CPD.

Is career progression cash limited and are the gateways in the Knowledge Skills Framework (KSF) effectively bars?

No, career progression is not cash limited and no quotas apply. Gateways provide an opportunity to review staff against the KSF and the expectation is most staff will progress through the gateways and up the pay spine normally.
Further Information: KSF

What are the rules for consistency checking KSF post outlines in an organisation?

There are no ‘rules’ to govern consistency checking but there are a number of principles that organisations need to think about when developing KSF post outlines across the organisation. The first principle is ‘equity and fairness’. As the KSF forms the basis of career and pay progression in the NHS and KSF post outlines are developed locally, organisations will need to have the confidence that what they are asking of individuals within the organisation is fair in relation to what they are being paid.

This leads to the second principle, which underlies the whole of Agenda for Change, that of partnership. The development of KSF post outlines and their use in the development review process must be done in partnership. This will help to ensure that the decisions that are made are fair and that employees are being treated equitably.

One way in which organisations are seeking to ensure fairness and equity is through having partnership consistency panels to look across the KSF post outlines that are being developed in different parts of the organisation. The purpose of this should be to make sure there are no glaring inconsistencies across different posts of a broadly similar nature.

However it is for local organisations to decide in partnership how the KSF will support the delivery of better services for patients and the public, which is why there are no national KSF post outlines as this would undermine this local flexibility.

Why is there no national consistency checking of KSF post outlines?

The NHS KSF is a UK-wide framework that has been designed for local use. It defines and describes the knowledge and skills that individuals need to apply in their work in order to deliver quality services. The purpose of the KSF is to facilitate the development of services so that they better meet the needs of users and the public through investing in the development of all staff. National KSF post outlines and national consistency checking is likely to stifle the development of services locally rather than facilitate it. As the name of the KSF indicates it is a framework for local use, not a national prescription for how things have to be done across the UK.

Is it true that professions that have a Code of Practice that govern the way they work, do not need a Foundation KSF post outline as they will already have been assessed as competent?

No. Every post that falls under Agenda for Change must have both a foundation gateway (formed from a subset of a full KSF post outline) and a full KSF post outline which forms the basis of the second gateway in the pay band. Codes of Practice for professions state the standards that those professions need to meet to join and remain on the professional register. There are additional aspects that the NHS requires of its employees that will not necessarily feature in the Code of Practice and it is these that are captured in the NHS KSF.

So whilst there are significant areas of overlap between the KSF and professions’ Codes of Practice there will also be some differences. Remember that the Agenda for Change Agreement signifies the contract that has been made between the 17 staff side unions, NHS employers and the four Government health departments, and hence is the basis of what will happen from now onwards.

We want to use the KSF in recruitment by developing recruitment outlines. Can we do this?

The KSF Handbook states “The NHS KSF post outline, and the subset of the post outline that will be used at the foundation gateway, must be clearly stated in recruitment literature and/or at the outset of the job. The NHS KSF post outlines will help to focus recruitment and selection by identifying the knowledge and skills that need to be applied in a particular post – and hence the knowledge and skills individuals appointed to that post will need to possess and apply” (Page 18, Para 1.14).

Beyond this requirement it is up to individual organisations to determine how they use the KSF in recruitment and selection. It would be good practice for organisations to link the knowledge and skills that it is specified in the person specification to the NHS KSF so that individuals can see how the KSF clearly links to the job description.

When individuals are seconded to a different post in their organisation, what will happen at gateways?

This is an impossible question to give a definitive answer to centrally as there is such a wide diversity of secondments across the service (e.g. healthcare assistants seconded to undertake nurse training, people acting up into different posts, trade union activist roles) and for such differing periods of time.

As for other posts in the NHS under Agenda for Change, if the post is on the same pay band then the person will not have to go through a foundation gateway as foundation gateways apply when people move pay bands and not posts. Decisions on KSF post outlines for seconded posts will need to be made in partnership at local level consistent with the principles in the Agenda for Change Agreement.

How does the NHS KSF relate to trainees (i.e. those covered by Annex U in the Terms and Conditions Handbook)?

The NHS KSF relates to all employees covered by the Agenda for Change agreement, whether they are in some form of recognised training programme or not. As the KSF is about individuals developing and applying their knowledge and skills at work, it is as, if not more, important to trainees than any other member of staff.

We understand that some regulated healthcare professionals jump up two pay points during the preceptorship year and only get to the Foundation Gateway at the second incremental point. Which regulated healthcare professions does this apply to?

This provision has been widely been regarded as meaning that all new entrant staff to Band 5 have the right to move up two pay points in the first twelve months – otherwise it could not be defended on equal pay grounds. These provisions only affect new entrants onto Band 5. So there is no list of professional groups affected.

How do Transitional Points work in relation to the gateways and related KSF post outlines?

It is best to visualise transitional points as a form of slightly extended pay band (which has a short time-span). Individuals appointed to a transitional point will have a foundation gateway after one year in that pay band (unless this not appropriate due to the rules which apply during the assimilation period) consistent with the Agenda for Change Agreement. The second gateway will occur at the point at which it has been fixed for that pay band.

Why do we need to monitor the implementation of the NHS KSF in our organisation?

There are a number of reasons why monitoring the KSF in your organisation. These include: fairness and equity for all staff (i.e. ensuring that all staff are being encouraged and supported to develop and apply their knowledge and skills to deliver quality services) and the links to clinical governance and patient safety (i.e. have an audit trail of the organisation reviewing how individuals are applying their knowledge and skills in practice and supporting them in their development if there are concerns.

How are RCN representatives supposed to find time off to help their employer implement AfC and help members understand the changes?

Local partnership agreement should be in place, agreeing time off for RCN representatives involved in implementation at a local level. Guidance has been developed and agreed in partnership with trade unions and Government which inform employers of the provisions needed to provide unions representatives with the support they need to carry out their duties, including time off, facilities and back fill for their post.

Individual trade unions also have a major role to play in supporting implementation. The RCN will continue to update RCN representatives, members and staff and will also be conducting its own training sessions.

Are RCN Representatives rewarded through Job Evaluation for having more responsibility and knowledge and skills?

Job Evaluation evaluates the job someone is doing not the person doing it, so will not take into account the fact that the person doing the job is an RCN Representative. However, the extra individual knowledge, skills and responsibilities gained through being a RCN representative could come into play as part of the assessment involved in the new 'knowledge and skills framework'. This framework provides access to more increments through gateways where knowledge and skills are assessed according to certain key dimensions.

What about practice nurses?

Within the new General Medical Service (GMS) contract, AfC is described as part of a best practice framework and is linked to financial rewards for those GPs who implement it. The RCN continues to lobby GPs to implement AfC.

Profiles for practice nurses have been produced and the high specialist nurse profile will apply to some nurse practitioners.

What about nurse lecturers employed in higher education?

Agenda for Change will not apply in Universities. The RCN would expect to use the new salaries as a lever to change and to improve pay and conditions for nurse lecturers. The RCN continues to work with other relevant unions to raise the profile of recruitment and retention, lobbying for solutions at UK-wide and university level. It will also continue to work with members in higher education, lobbying university employers to produce joint guidance on AfC and the higher education pay framework.

What about nurses employed in the prison service?

The prison service has agreed to implement AfC for any staff on NHS terms and conditions. No agreement has been made on the detail. The RCN will be looking at implementation in line with the NHS. A consultation exercise in England and Wales is currently underway and an AfC project manager has been appointed by Prison Health, to oversee implementation. From 1 April 2003 funding responsibility for prison health services (in England) transferred to the NHS (Primary Care Trusts). Prison nurses may transfer to the NHS at a later stage. This will be carefully phased and will be subject to detailed consultation.
Will nurses working for the Ministry of Defence be affected?
Like the prison service, the Ministry of Defence has agreed to implement AfC and is consulting with the RCN.

How will Agenda for Change affect me and my colleagues who have been transferred from the NHS to the independent sector under TUPE?

TUPE is a very interesting issue. Chris Cox, the RCN’s employment lawyer has provided the following advice about TUPE.

Over the years some members employed on Whitley contracts have transferred from the NHS into the independent sector under transfers regulated by the Transfer of Undertakings (Protection of Employment) Regulations 1981, or equivalent statutory provisions. They have accordingly retained their Whitley contracts, even though their new employers may have never been part of the Whitley negotiating machinery.

Whilst it is difficult to give general advice about the impact of AfC, it will in practice be essential to examine the actual contractual documentation of each member concerned.

The key questions, which must be answered in each case, are:

Were the General Whitley Council and Nursing and Midwifery Council terms and conditions incorporated, expressly or impliedly, into the individual contract of employment?
If so, did incorporation include all of the terms and conditions (other than those relevant at a collective level only) of the relevant Councils’ agreements?
Did the employer expressly reserve the right to unilaterally vary the terms and conditions?
Did incorporation extend to (i.e. had the employer assumed a legal obligation to abide by) any renegotiations of the Whitley terms and conditions, from time to time?
In summary, whether AfC will apply to you depending on the individual terms of your contract and will probably have to be tested legally. The RCN, in any case, is looking to all independent sector employers to adopt AfC.
Will the Pay Review Body continue to function?

There is a single pay negotiating council for NHS staff (with the exception of the most senior managers) who are not covered by one of the two NHS Review Bodies. This council replaces the relevant functions of the Whitley Councils covering non-Review Body staff. The Review Body will remain an important part of the system. The responsibility of the nurses' Review Body will be expanded to include a wider number of qualified health professionals and their support staff. The Review Body will ensure consistency and equity with doctors' and dentists' pay and may consider higher percentage awards for some staff affected by labour market factors.

What is the NHS Staff Council?

A new body established in 2003 to oversee the operation of the new pay system and to have responsibility for NHS-wide terms and conditions of service. This body will replace the relevant functions of the General Whitley Council and the separate functional Whitley Councils.

Are Foundation Hospitals included in the national framework?

Yes. Foundation Hospitals, which are an English initiative, are included in AfC.

They will have some additional 'freedoms' with regard to employing staff. The additional freedoms are outlined in the Agenda for Change Final Agreement, section 8.

Nevertheless, Agenda for Change will form the base line for the employment of staff.

Could Wales and Scotland adopt different pay and conditions for staff?
AfC is a UK wide initiative. Department of Health representatives from all four UK countries have been involved in the discussions throughout.

How is acting up managed under AfC?

Under Agenda for Change individuals may be moved into a higher pay band where it is necessary to fill a post on a temporary basis when a vacancy is unfilled (but being advertised) or the post is being held open for someone who is due to return (e.g. from maternity leave or long term sick leave).

Pay should be set either at the minimum of the new pay band or, if this would result in no pay increase, at the first pay point in the band which would deliver an increase in pay. In circumstances where the individual is not required to carry out the full responsibilities of the post, pay will be determined by job evaluation.

Temporary movement into a new pay band should not normally last more than six months or less than one month except on the instances of maternity leave or long term sick leave.

How are nursing jobs advertised under AfC?

Jobs under the new AfC arrangements are advertised by job title and band. Examples are qualified nurse - band 5, district nurse band - 6, specialist nurse - band 6 etc.

I have a contract with my Trust but also a bank contract. I work bank within by own unit. How are these hours treated?

Your bank hours would be treated as if they are a separate contract.