Working differently and pay Q. Can I be asked to work differently while the Major Incident Policy is in place? A. Yes, there are a number of ways in which you may be asked 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. You are asked to be flexible in relation to your work location and duties and any changes should be agreed with you. Provision for deployment at other sites and across board boundaries must comply with the health, safety, security and risk management arrangements. Any employee who moves to a redeployed post must meet all the normal requirements for the post e.g. professional registration, PVG checks etc and must be competent to undertake the duties of the post. Staff will not be expected to undertake roles for which they are not competent but there is an expectation that staff will respond positively by learning new skills. Examples are:

Being asked to undertake work that uses their skills and competencies in an alternative way e.g. a secretary being asked to work in Medical Records

Employees from one location may be asked at short notice to carry out their substantial duties or perform the duties of their substantive role at another location within NHS Grampian.

Redeployment to another NHS organisation, either locally or elsewhere in Scotland, which is experiencing staff shortages. This will only be in exceptional circumstances and will be with the consent of the individual in negotiation.

Being asked to work as part of a non NHS organisation, for example, assisting at a local authority.

Employees undertaking different roles during a major incident will be considered to be working under the direction of NHS Grampian and will be covered under existing indemnity insurance. 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.

Q. Will clinically qualified staff working in a non-clinical role be expected to be redeployed into patient care? A. We will be maximising our resources to support the expected demand on services and as such staff we be redeployed to suit the service, staff will only be moved where they have the skills and competencies to carry out the tasks assigned and or where appropriate refresher training could be provided. You must meet all the normal requirements for the post e.g. professional registration, PVG checks etc and must be competent to undertake the duties of the post. Staff will not be expected to undertake roles for which they are not competent but there is an expectation that staff will respond positively by learning new skills. Q. If I am redeployed to another role what will I be paid? A. You will suffer no financial detriment. You will continue to receive, as a minimum,

your normal rate of pay, allowance and any additional travel costs at normal reimbursement levels. For details about claiming additional costs please refer to the Expenses page of NHS Grampian’s intranet. In circumstances, where an individual is required to fulfil a role above their normal pay band or grade for a period longer than 4 weeks, consideration will be given to a temporary movement into a higher pay band in accordance with terms and conditions of employment. New Q&A 20/3/20 08.30 hours Q. OHS has advised that due to my chronic underlying medical condition, during the COVIS-19 pandemic I need to work in a different way, which has resulted in me working a shift pattern that reduces my pay? Will I lose out financially? A. Due to the unique circumstances, you will not be financially detrimented due to this and your manager will continue to enter the shifts which you would have worked on SSTS (Scottish Standard Time System)/HealthRoster.

New Q&A 07/04/20 08.30 hours Q. I am currently on phased retirement, can I work additional hours while I am on phased retirement? A. Staff on phased retirement can work additional hours, however these hours

should not be worked at a time when you are being paid already by NHS Grampian.

Q. Could I be asked to work a different shift pattern?

A. Yes, shift patterns and other working arrangements may need to be revised

through unsociable hours provisions, including term time contracts. You will be paid at the appropriate rate for any hours worked. Q. I work part time and my manager has asked me to work extra hours – can they do this? A. Staff may be requested to work different and/or longer hours to those stated in

their contract of employment in order to maintain essential services and to maintain an emergency response. Therefore you may be asked to work extra hours to ensure essential services are maintained, and while you are expected to comply with these

requests where reasonable, you will not be requested to work excessive hours that would compromise safe practice and your health and wellbeing will be take into account at all times. You will be paid at the appropriate rate for any hours worked. There will be no change to your contract of employment and any alteration in work pattern will be for the duration of the major incident only. If you are currently on organisational change protection, additional excess hours/overtime is not offset against the level of your protection, unless the reason for protection is a change in your contracted hours or overtime. During the period that the Major Incidents policy is invoked if you are protected on excess hours/overtime then this will no longer be the case and you will be paid for any additional hours worked, in addition to the level of your protection. For all other types of protection you will continue to be paid any additional excess hours/overtime with no impact on your protected earnings. Q. I am on an annualised contract – how will my pay be affected if I work additional hours during the implementation of the Major Incident Policy? A. If you work additional hours that do not exceed your total annual hours then you will be paid excess hours. If the additional hours worked exceed the annual full time hours then overtime would apply. Your manager must record either excess hours or overtime as appropriate on SSTS/HealthRoster. Q. What payments will I receive if I work extra hours?

A. These will be offered on the basis of time off in lieu in the first instance. Where this is not possible due to operational and service demands, staff will receive overtime or additional hours payments as per their terms and conditions of employment. The payment will depend on whether you are full time or part time and whether you are employed on Agenda for Change (AfC) terms and conditions or Medical & Dental terms and conditions. A table showing payment due for staff working extra hours is below: Updated 21/04/20 08.30 hours

Payments for working extra hours

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.

Updated 18/3/20 14.30 hours Q. What will happen should the payroll team be unable to process the payroll for any reason? A. The Human Resources Service Centre has a business continuity plan to ensure that payment of salaries will be the highest priority. The business continuity plan outlines alternative arrangements for processing and resource utilisation. This includes only processing core aspects of payroll, expenses and SSTS work, working evenings and weekends, relocating Payroll/Expenses/SSTS staff to alternative sites within NHS Grampian and working from home. Should the process of paying salaries be at major risk a series of contingency arrangements are in place. If all these arrangements fail then a contingency payroll will be evoked; the system will generate a payment for all staff based on an 85% average of their pay over the last 12 months. Adjustments to net pay would then be processed before resuming to a normal payroll process. The above is a national contingency position for all Boards in NHS Scotland which will only be invoked by NHS Grampian in extreme circumstances, as a last resort.

Updated 20/3/20 08.30 hours Q. Usually my department shuts on all Public Holidays, but we have been asked to work on 13th April 2020, what will we be entitled to? A. If you are asked to work as part of your contracted hours you will receive an enhancement by way of an unsocial hours payment in line with your terms and conditions. A table showing payment due for Agenda for Change staff is below: 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%

For Agenda for Change staff, you will receive in addition to payment the equivalent time (a maximum of 7.5 hours, pro rata for part time staff) to be taken off in lieu at plain time rates.

Consultant Medical and Dental staff have options within their terms and conditions. In the main they choose to receive a premium payment in addition to his/her contracted salary at a rate of one third of their basic hourly rate, excluding discretionary points and/or distinction awards.

Updated 01/4/20 16.30 hours Q. I have been asked to work on the Public Holiday on 13th April 2020. This was not a day I was due to work, what am I entitled to? A. If you are an Agenda for Change member of staff and working the public holiday

as part of your normal working hours or as excess hours please see previous question. If you are working the public holiday as overtime i.e. in excess of 37.50 hours you will be paid overtime at double time, please see below: Updated 21/04/20 08.30 hours

Payments for working extra hours

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.

If you are Medical and Dental or Executive/Senior Manager staff and working the public holiday as part of your normal working hours then no payment is due. If you are working the public holiday as overtime then Medical and Dental staff consultants only are paid at time and 1/3 of hourly rate. All other Medical and Dental staff and Executive/Senior Managers are not due payment. Q. Can I opt out of the Working Time Directive? 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 24/3/20 08.30 hours Q. I am employed under AfC terms and conditions in Band 8a and above. If I work over 37.5 hours in a week, do I 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. Authorisation must be obtained in advance of working the hours from your Head of Service. A table showing payment due for staff working extra hours is below: Updated 21/04/20 08.30 hours

Payments for working extra hours

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.