Working differently and pay

Please do not read the questions in isolation, read through the whole section as there may be another scenario more suited to your particular query. Q. Can I ask staff to work differently while the Major Incident Policy is in place? A. Yes, there are a number of ways in which you may ask staff to work differently,

however these will always be done taking the following principles into consideration:

Respect

Minimising Harm

Fairness

Working Together

Reciprocity (sharing resources)

Keeping things in proportion

Flexibility

Good decision-making Staff may be deployed into different roles and/or locations and across board boundaries, where this is appropriate. Flexibility in relation to work location and duties and any changes should be agreed with the staff member. Provision for deployment at other sites and across board boundaries must comply with the health, safety, security and risk management arrangements.

Managers will be asked to identify staff who have skills that could be used but are not currently using them, or have generic skills that could be used, if the services they currently provide are suspended. It is expected that Managers will already be gathering staff data to support ongoing resource planning. This information should be gathered and held locally and will essentially just supplement what information is held at present.

A table showing payment due for staff working extra hours is in Appendix 1.

New Q&A 29/04/2020 08.30 hours Q. Could I ask staff to work a different shift pattern within their existing role? A. Yes, shift patterns and other working arrangements may need to be revised

through unsociable hours provisions, including term time contracts, in line with the above principles. Your staff member will be paid at the appropriate rate for any hours worked, however there will be no financial detriment to them should they work a shift pattern which attracts lesser enhancements when this has been at the organisations request. New Q&A 10/06/20 08.30 hours Q As the schools in Grampian are returning earlier than expected in August 2020, what happens with a term-time employee? A. The Scottish Government have advised that schools will return on 11th August

2020, “if the science indicates that it is safe to do so”. This is a week earlier than expected for Grampian schools and will mean that term time workers will be on planned leave for 5 weeks instead of 6 during the summer break. It was announced

that the remaining week would be allocated at a later date and your employee’s annual leave should be re-scheduled to then once this is confirmed. This will not affect their pay. Should the change in term-time dates cause your employee an issue e.g. if they have a holiday booked which means that they are unable to return to work on the 11th August you should discuss with them at your earliest convenience how the leave will be covered. Options to consider would include using any remaining parental leave, working differently to make up the hours, taking less time off during other school holidays. Unpaid leave should be used only as a last resort. Any alternative way of working would need to suit the needs of the service as well as the employee. If you are unable to come to an agreeable solution, you should escalate this up through your line management. Q. I have a staff member who will be working in excess of the Working Time Directive? Are they able to do this? A. It is possible to opt out of the provision of the working in excess of 48 hours per week. Any individual opt-outs that are agreed should be rescinded once the Major Incidents policy is no longer in use. However staff should not be made to work excessive hours that would compromise safe practice. New Q&A 29/04/20 08.30 hours Q. I have staff working extra hours, what breaks should they be receiving? A. The Working Time Directive 1998 provides for a statutory entitlement to an in-work

rest break of 20 minutes when the working day is longer than 6 hours. (Young workers

over school leaving age but younger than 18, receive a 30 minute break after more

than 4.5 hours work.) NHS Grampian has a document which contains examples of

good practice rest breaks which can be found here. Staff should be encouraged take

regular breaks during shifts and eat and drink regularly and healthily especially during

their working day.

New Q&A 29/04/20 08.30 hours

Q. I have staff who have been working additional shifts and wonder what rest

they should receive.

A. The Working Time Regulations (WTR) is part of a suite of Health & Safety

legislation and details minimum daily and weekly rest. These provisions are:

Daily rest is where an adult worker is entitled to a rest period of not less than eleven hours consecutive in each 24 hour period during which they work for their employer.

Weekly rest is where an adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven day period during which they work for their employer. The employer may determine an adult worker shall be entitled to either:

Two uninterrupted rest periods each of not less than 24 hours in each 14 day period; or

One uninterrupted rest period of not less than 48 hours in each such 14 day period.

Rest breaks - 20 minutes rest break when more than 6 hours are worked Where these entitlements are broken by the undertaking of work, most commonly

through on-call, compensatory rest should be given. Compensatory rest is different

from working excess hours and therefore should not be recorded as time off in lieu

(TOIL). Guidance on compensatory rest, should you require it is available here

Should you have queries in relation to compensatory rest, you should contact the HR

hub on extn 56785.

New Q&A 29/04/20 08.30 hours

Q. What else can I do as a Manager do to support staff during this time?

A. Many staff have concerns, be these work related or personal due to the impact of

Covid-19 and it is important that you listen to these concerns and be proactive in

helping employees, on behalf of NHS Grampian to feel safe and secure.

It is important that you ensure that employees have access to basic wellbeing

provisions, to enable staff to maintain their own wellbeing. You should ensure that

wellbeing practices are reviewed and established to enable staff to:

Frequently access hand washing facilities

Keep hydrated, this is especially important for staff wearing PPE for long periods of time.

Have 24-hour access to appropriate facilities to access and/or prepare food;

Be involved in any decisions relating to changes to their working hours or arrangements.

Have regular breaks to reduce the onset of fatigue and associated risks - additional arrangements may need to be considered where staff are working longer shifts and/or additional hours. This could involve the repurposing of offices or other areas into rest spaces, for use both during and after shifts for those who do not feel safe to drive home immediately.

Know where to go to access local support, for example occupational health, staff support information and psychological support provisions for accessing counselling or other provisions.

Raise concerns and seek reassurance and to explore and agree solutions with their line manager where required.

Have an effective safety induction for staff redeployed to a new area to ensure they are familiar with emergency procedures, reporting procedures and all the equipment they may be asked to use.

Feel confident that appropriate security arrangements are in place to protect them from the potential of increased violence and abuse, including community staff that may be targeted if they are carrying sanitizer and PPE.

New Q&A 20/3/20 08.30 hours Q. I have a staff member who has been advised from OHS that due to their chronic underlying medical condition, during the COVID-19 pandemic they need to work in a different way, which has resulted in them working a shift pattern that reduces their pay? Will they lose out financially? A. Due to the unique circumstances, they will not be financially detrimented due to

this and you as their manager will continue to enter the shifts which they would have worked on SSTS/HealthRoster.(If your query relates to a bank worker please refer to the bank section of the Q&A for guidance) New Q&A 24/3/20 08.30 hours Q. I have a member of staff employed under AfC terms and conditions in Band 8a and above. If they work over 37.5 hours in a week, do they get paid overtime? A. The AfC Terms & Conditions of Service do not allow for staff on AfC Band 8 and

above to be paid overtime payments, however due to the exceptional circumstances of the pressure in the service as a result of COVID-19, the Scottish Government has decided not to apply this provision for the time being. Staff in bands 8 or 9 will therefore be able to receive overtime where this is deemed helpful for the provision of clinical or other services necessary to the continued operation of NHS Scotland. The Head of Service must authorise any overtime in advance of the hours being worked. Overtime hours worked should then be recorded and authorised in SSTS. A table showing payment due for staff working extra hours is in appendix 1. New Q&A 29/4/20 08.30 hours Q. I have a member of staff employed under the Executive and Senior Manager pay arrangement. If they work over 37.5 hours in a week, do they get paid overtime? A. The Executive and Senior Manager pay arrangement does not allow for staff to be

paid overtime payments, however due to the exceptional circumstances of the pressure in the service as a result of COVID-19, the Scottish Government has decided not to apply this provision for the time being. Staff in Executive and Senior Manager grades will therefore be able to receive overtime where this is deemed helpful for the provision of clinical or other services necessary to the continued operation of NHS Scotland. The Head of Service must authorise any overtime in advance of the hours being worked. Overtime hours worked should then be recorded and authorised in SSTS. A table showing payment due for staff working extra hours is attached as Appendix 1

New Q&A 30/3/20 08.30 hours Updated 10/04/20 08.30 hours Q. I have read in the NHS Grampian homeworking policy (contained within the Flexible Working policy) that a risk assessment will be undertaken before staff undertake any work at home – do I need to do this? A. During the period of time which the Major incident policy is invoked, anyone asked

to temporarily undertake work at home will be classed as “Working at Home” as defined in the policy and therefore a full risk assessment will not be required to be undertaken. If however your staff member feels that there are risks which they are not able to safely work around, they should discuss these with you at their earliest opportunity and a solution should be agreed, such as finding an alternative base for them. You should make sure you keep in touch with people working at home and look out for their well-being as it can be an isolating experience. Where possible have one-to-ones with people and set up virtual team meetings. New Q&A 08/04/20 08.30 hours Q. A member of my staff is currently on phased retirement, can they work additional hours during this period? A. Staff on phased retirement can work additional hours, however these hours should not be worked at a time when they are being paid already by NHS Grampian. New Q&A 10/04/20 08.30 hours Q. Some of my staff are essential workers who are needed to attend work. What can I do to keep staff safe at work? A. The following points should be observed

make sure everyone is social distancing when they come into the workplace

hold meetings as remote calls when possible and avoid travel as much as possible

make sure you know how to spot symptoms of coronavirus and are clear on what you should do if you spot them

keep everyone updated on actions being taken to reduce risks of exposure in the workplace

make sure there are clean places to wash hands with hot water and soap, and encourage everyone to wash their hands regularly (washing their hands for at least 20 seconds each time)

should staff develop symptoms, follow the steps explained within the developing symptoms and being absent section

refer any of your team who are self isolating to NHS Inform and ask them to ensure that they follow advise there

keep in touch with staff during their absences and undertake a return to work risk assessment with them prior to their return to work

New Q&A 29/04/20 08.30 hours Q. I have employed a staff member on a fixed term contract in response to the Covid-19 situation, what will happen at the end of this period? A. As the contract was put in place solely to cover covid-19 related activity or

absence, you should arrange to meet with your staff member no later than 4 weeks before the end of their contract to advise them whether there is further need due to

the Covid-19 crisis to extend their contract for a further fixed period, or to give them notice that their contract will come to an end. You should ensure that they have utilised all accrued annual leave before the end of their contract when it does come to an end. You should complete a termination form and undertake all other usual steps for a leaver. As this fixed term contract was created in response to the Covid-19 situation, there will be no right to re-deployment at the end of it.

Appendix 1. Payments for working extra hours

Agenda for Change Payment for additional hours up to 37.50 hours

Payment for additional hours over 37.50 hours

Band 1 – Band 7 Excess hours at plain time rate using your hourly rate** + any unsocial hours as appropriate to the shift.

For all hours with the exception of a Public Holiday - overtime at time and a half using your hourly rate**

For all hours on a Public Holiday - Overtime at double time using your hourly rate**

** hourly rate would include any long term Recruitment and Retention Premia

Agenda for Change Payment for additional hours up to 37.50 hours

Payment for additional hours over 37.50 hours

Band 8A – Band 9 (Variation Order from 18 March 2020)

Excess hours at plain time rate using your hourly rate** + any unsocial hours as appropriate to the shift.

For all hours with the exception of a Public Holiday - overtime at time and a half using your hourly rate**

For all hours on a Public Holiday - Overtime at double time using your hourly rate**

** hourly rate would include any long term Recruitment and Retention Premia

Executive/Senior Managers

Payment for additional hours up to 37.50 hours

Payment for additional hours over 37.50 hours

All grades (Variation Order from 18 March 2020)

Excess hours at plain time rate using your hourly rate. There is currently no entitlement for payment of unsocial hours. This may be subject to change

For all hours with the exception of a Public Holiday - overtime at time and a half using your hourly rate

For all hours on a Public Holiday - Overtime at double time using your hourly rate

Hospital & Medical Staff Payment for Public Holiday working

Consultants Normal hourly rate plus premium rate of 1/3rd of normal hourly rate, excluding Discretionary Points or Merit Award payments. The Public Holiday claim form should be completed and authorised. The public holiday day in lieu to be taken at a later date.

SAS Doctors Normal hourly plus premium rate of 1/3rd of normal hourly rate. The Public Holiday claim form should be completed and authorised. The public holiday day in lieu to be taken at a later date.

Hospital & Medical Staff Payment for additional hours up to 40.00 hours

All grades

Excess hours at plain time rate using your normal hourly rate.

Hospital & Medical Staff Payment for additional hours over 40.00 hours

Doctors and Dentists in Training Bank Shifts

Local / Regional Bank Shifts

Work undertaken on local or regional banks for hours of work outside Monday 9.00am – 5.00pm for shift working patterns nationally agreed hours rates apply.

Locum Rate Covering a post for one week or more = 1.2 x total salary (basic salary at mid point of grade salary scale + banding supplement). Form

In all cases above the Locum claim form should be completed and authorised.

Doctors and Dentists in Training

On Call

Work undertaken outside Monday 9.00am – 5.00pm for on call working patterns = 1.5 x basic hourly rate (being mid point of the grade salary scale). Standard Days

Monday to Friday 9.00am – 5.00pm for all working patterns = 1.4 x basic hourly rate (being mid point of the grade salary scale). Forms

In all cases above the DDiT Additional Hours Claim Form should be completed and authorised.

Non-Training Doctors

On-Call Work undertaken outside Monday 9.00am – 5.00pm for on call working patterns = 1.5 x basic hourly rate (being mid point of the grade salary scale). Standard Days

Monday to Friday 9.00am – 5.00pm for all working patterns = 1.4 x basic hourly rate (being mid point of the grade salary scale).

Form-In all cases above the Locum claim form should be completed and authorised.

SAS Doctors Out of Hours APAs – Normal hourly rate plus

premium rate of 1/3rd of normal hourly rate.

Hours worked between 7am-7pm are paid at normal hourly rate.

Consultants Out of Hours EPAs – Normal hourly rate plus premium rate of 1/3rd of normal hourly rate, excluding Discretionary Points or Merit Award payments.

Hours worked between 8am-8pm are paid at normal hourly rate.

Previously agreed local rates will continue.

Hospital & Medical Staff Payment for irregular leave

Consultants

On Call cover for Irregular Leave (reference NHS Grampian Consultant Contract Cover for Irregular Leave)

Each overnight shift = 1 EPA at normal hourly rate, inclusive of Discretionary Points or Merit Award payments.

Each weekend/public holiday daytime on call = 1 EPA at normal hourly rate, inclusive of Discretionary Points or Merit Award payments.

Work done during the additional on call cover, inclusive of on call cover payment –

0 – 3 hours = 1 EPA More than 3 to 4.5 hours = 1.5 EPAs

More than 4.5 to 6 hours = 2 EPAs More than 6 to 7.5 hours = 2.5 EPAs

More than 7.5 to 9 hours = 3 EPAs More than 8 to 10.5 hours = 3.5 EPAs

More than 10.5 to 12 hours = 4 EPAs

The Irregular On-Call Leave claim form should be completed and authorised.

Hospital & Medical Staff Job Plan Work Pattern Changes

Consultants

If job plan work patterns are reviewed, agreed and amended to provide regular out of hours cover (outwith 8am-8pm) then there is an option to receive additional payment or to take the premium element back as time. The hours worked must be recorded in a diary and if opting for additional payment, this will be undertaken retrospectively at normal hourly rate plus premium rate of 1/3rd. If opting for time rather than additional payment then 3 hours worked in premium time is equivalent to 4 hours in normal time. For example if a Consultant works on a Monday evening from 8pm to 1am (6 hours DCC) they are then entitled to 8 hours DDC between 8am-8pm off to compensate.

SPA reduction Unless the activity you are undertaking during your SPA time is directly associated with the covid-19 pandemic response, you have been asked that SPA activity is replaced by DCC within your job plan. This has been put in place in light of covid-19 pandemic.

SAS

If job plan work patterns are reviewed, agreed and amended to provide regular out of hours cover (outwith 7am-7pm) then there is an option to receive additional payment or to take the premium element back as time. The hours worked must be recorded in a diary and if opting for additional payment, this will be undertaken retrospectively at normal hourly rate plus premium rate of 1/3rd. If opting for time rather than additional payment then 3 hours worked in premium time is equivalent to 4 hours in normal time. For example if a SAS works on a Monday evening from 7pm to midnight (6 hours DCC)

they are then entitled to 8 hours DDC between 7am-7pm off to compensate.

SPA reduction Unless the activity you are undertaking during your SPA time is directly associated with the covid-19 pandemic response, you have been asked that SPA activity is replaced by DCC within your job plan. This has been put in place in light of covid-19 pandemic.

Appendix 2

Payments for working unsocial hours up to full time hours

Agenda for Change All time on Saturday (midnight to midnight) and any week day after 8pm and before 6am

At time on Sundays and Public Holidays (midnight to midnight)

Band 1 Time plus 50%. Time plus 100%

Band 2 Time plus 44% Time plus 88%

Band 3 Time plus 37% Time plus 74%

Band 4- Band 9 Time plus 30% Time plus 60%