What's happening?

We have seen cases involving assaults, workplace accidents, bullying and harassment where employees have needed time off work as a result of their experiences.

In many instances, employers have stopped paying unsocial hours enhancements during absence. Where absences have been prolonged, some members have also moved onto half pay, resulting in significant loss of income.

However, Section 2.13 of the NHS Terms and Conditions Handbook provides important pay protection provisions that should be considered before Injury Allowance is applied.

Recent cases have highlighted that managing pay following a work-related injury should be a two-step process:

Step 1: Section 2.13 Pay Protection

Where unsocial hours are lost because the employee is absent due to a work-related injury, Section 2.13 should be applied. Pay protection is based on an average of earnings over the previous three months, including unsocial hours payments.

Step 2: Injury Allowance

If the employee's absence continues and they move onto half pay, Injury Allowance should then be calculated. This should be based on 85% of the earnings received while Section 2.13 protection was in place.

Some employers appear to be relying solely on Injury Allowance and overlooking Section 2.13 altogether. This can result in members receiving less pay than they are entitled to.

A lack of awareness among managers, HR teams and payroll departments is leading to inconsistent application of the rules and, in some cases, considerable financial loss for employees recovering from workplace injuries.

Staff should be informed of their rights under Section 2.13 and Injury Allowance, and where support is refused, employers should provide clear reasons and access to appeal or grievance procedures.

Signposting to other support

Representatives should also ensure members are aware of Industrial Injuries Disablement Benefit (IIDB), which may provide additional financial support for qualifying work-related injuries.

Depending on the severity of the injury, IIDB can provide substantial ongoing payments. Members may also be eligible for other benefits such as Personal Independence Payment (PIP) or Employment and Support Allowance (ESA).

Steps to take to support members in this instance

• Review local policies to ensure work-related injury is managed as a distinct category.
• Check that absence management policies reference both Section 2.13 and Injury Allowance.
• Encourage employers to produce guidance for managers and staff.
• Ensure clear signposting to IIDB and other relevant benefits.
• Confirm work-related injuries are recorded and discussed during absence and return-to-work meetings.
• Check sickness management documents include advice on benefits and support services.
• Verify that HR teams and managers have received training on Section 2.13 and Injury Allowance.
• Request audits of historic WRI cases to identify any incorrect application of pay protection.
• Ensure payroll systems can trigger pay protection when a work-related injury is recorded.

Work related injuries can have a serious impact on members' health, wellbeing and finances. Raising awareness of Section 2.13, Injury Allowance and available benefits can help ensure staff receive the support and pay protection they are entitled to while recovering.

A point of extra consideration is where there is a bullying and or, harassment element, where employees have needed time off work. These cases can be particularly complex when looking to claim S2.13 or Injury Allowance, because of the significance of ‘the final straw’, or ‘incident OR event’ that triggered the absence. So early consideration in case supervision, to determine how the claim will be framed, and an early referral to legal services for assessment of merit, is sensible.