Working hours, overtime, annual leave
On-Call
The Staff Council Executive has agreed (16.09.10) the principles for harmonised on-call arrangements. These principles were revised in light of consultation and will apply to local arrangements for on-call and other extended service cover from 1 April 2011. The revised principles had been signed up to by all unions on the on-call review group. The principles have been written in to a revised version of section 2 of the Terms and Conditions of Service Handbook.
Contact Gerry O'Dwyer: gerry.o'dwyer@rcn.org.uk
Working hours
The new system will introduce standardised arrangements for certain core terms and conditions, including hours, overtime and annual leave.
The standard working week will be 37½ hours.
Overtime
There will be a single harmonised rate of time-and-a-half for all overtime, and on Bank Holidays double time. Part-time staff will receive this payment when overtime exceeds 37.5 hours otherwise it is at plain time rate.
Annual leave
All staff will receive the same entitlements to annual leave rising from 27 to 33 days with length of service excluding public holidays as follows:
| Length of service | Annual leave and general public holidays |
|---|---|
| On appointment | 27 days + 8 days |
| After 5 years service | 29 days + 8 days |
| After 10 years service | 33 days + 8 days |
Under the new arrangements an employee's continuous previous service with an NHS employer will count as reckonable service in respect annual leave.
Annual leave and sickness absence
A recent judgment by the European Court of Justice on paid holiday (Stringer vs HMRC) means that employees on long term sickness absence are eligible for the minimum Working Time Directive paid annual leave entitlement. Employers should either be paying the 28 days (or pro-rata) during the relevant leave year, despite the employee's absence or agreeing to carry forward the untaken leave to the next leave year.
The European Court of Justice has referred this judgment back to the House of Lords. The case is mentioned on the NHS Employers website. NHS Employers state that the case has immediate implications.
Employers will have the discretion to take into account any period of employment with employers outside the NHS where it is judged to be relevant to NHS employment.
On returning to NHS employment, previous NHS service which is discontinuous will be counted towards the employee's entitlement to annual leave.