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.

Updated Q&A 29/04/2020

Q. Could I be asked to work a different shift pattern within my existing role?

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, however there will be no financial detriment to you should you work a shift pattern which attracts lesser enhancements when this has been at the organisations request.

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 in Appendix 1. New Q&A 29/4/20 08.30 hours Q. I am employed under the Executive and Senior Manager pay arrangement. If I work over 37.5 hours in a week, do I 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. 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 attached as Appendix 1. Updated 18/03/20 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 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 Appendix 1. 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 29/04/20 08.30 hours Q. I am working extra hours, what breaks should I 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. It is important that staff 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 been working additional shifts and wonder what rest I 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.

If you feel that you are not receiving adequate rest or the above as a minimum, you should raise this with your line manager in the first instance. Should this not resolve matters to your satisfaction, you should contact the HR hub on extn 56785.

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 in Appendix 1. New Q&A 29/04/20 0830 hours Q. I have been employed on a fixed term contract in response to the Covid-19 situation, what will happen at the end of this period? A. As your contract was put in place solely to cover covid-19 related activity or

absence, your manager will arrange to meet with you no later than 4 weeks before

the end of your contract to advise you whether there is further need due to the

Covid-19 crisis to extend your contract for a further fixed period, or to give you notice

that your contract will come to an end. You should ensure that you have utilised all

accrued annual leave before the end of your contract when it does come to an end.

As this fixed term contract was created in response to the Covid-19 situation, you will

have no right to re-deployment at the end of it.

Appendix 1.

Updated 21/04/20 08.30 hours

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%