Unsocial hours

AfC unsocial hours payments while on annual leave - AfC section 13

The Pay Circular (3/2009) (Word 127KB) includes AfC section 13 enabling annual leave pay to be paid as if at work and on the same basis that unsocial hours (USH) are paid on occupational sick pay. This information is available on the NHS Employers website.

Paragraph 13.9 on pay during annual leave in the NHS Terms and Conditions of Service handbook(PDF 14.30MB) says: “pay during annual leave will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements. Pay is calculated on the basis of what the individual would have received had he/she been at work. This would be based on the previous three months at work or any other reference period that may be locally agreed.” 

Pay circular (2/2009) (PDF 109KB) [see how to access PDF files] covers two issues: calculation of working time and how NHS service that has been transferred out to a non-NHS provider delivering NHS funded services can be dealt with if that person then returns to NHS employment (as in someone going out under TUPE and then returning); and how working time can be calculated for the duration of the flu pandemic.

Essentially when an employee who has transferred out of the NHS in these circumstances and then returns, their service out of the NHS will be recognised for sick pay, annual leave and incremental credit. This is a major benefit to those who return to NHS service and recognises that the service they have undertaken delivering NHS funded services will be recognised back in the NHS.

The working week

In order to manage services appropriately in the possibility of a flu pandemic the 17 week reference period for the 48 hour calculation can be extended to 27 weeks but only with union agreement and in 'exceptional circumstances'.

New USH arrangements

New unsocial hours rates came into effect on 1 April 2008. Where rates increased or decreased, there was a transition process between 2008 and 2011 where people affected were moved across to the new scales.

The arrangements at a glance

All staff in the same band are paid the same rate for working unsocial hours.

Registered nurses retained their current rates of "time plus 30%" for working unsocial hours on Saturdays and weekdays, and "time plus 60%" for Sundays and public holidays.

The cap at the top of band six was removed, allowing all registered nurses - including those on bands seven, eight and nine - to receive the supplement on their full earnings.

Meanwhile, unsocial hours payments for many health care assistants were increased. Supplements for band three staff increased from 33% to 37% for Saturdays and weekdays, and from 66% to 74% for Sundays and public holidays.

The '50% rule' is retained where if more than half of your shift is an unsocial hours period you are be paid unsocial hours payments on the full shift.

The new arrangements came into effect on 1 April 2008.

The new rates are as follows:

Any time on Saturday (midnight to midnight) and any week day after 8 pm and before 6 am:

  • Band 1 - time plus 50%
  • Band 2 - time plus 44%
  • Band 3 - time plus 37%
  • Band 4-9 - time plus 30%.

All time on Sundays and Public Holidays (midnight to midnight):

  • Band 1 - double time
  • Band 2 - time plus 88%
  • Band 3 - time plus 74%
  • Band 4-9 - time plus 60%.

Payment of Agenda for Change unsocial hours during annual leave

The NHS Staff Council consulted with NHS employee organisations and trade unions during 2008, on the question of how annual leave pay should be calculated to ensure that unsocial hours payments are included.

New arrangements came into place on 1 April 2010. Pay is be calculated over a reference period (three months or other agreed reference period) as happens with occupational sick pay. Staff who continued to have their unsocial hours arrangements uplifted by 11.59% after 1 April 2008 should have had their unsocial hours uplifted by a further 0.91% backdated to 1 April 2008.

Read AfC Pay Circular 3 / 2009 (PDF 92KB) [see how to access PDF files].