Holiday Pay Update
UNISON has been working with EEAST around the National Ambulance Strategic Partnership Forum (NASPF) National Agreement on Holiday Pay. Following tribunal outcomes on the issue of Holiday Pay in 2017 and in 2018 all staff that undertake “incidental overtime” need to be paid a proportion of this incidental overtime while on annual leave.
The claims continues to go through the courts,(as there are currently appeals following an EAT decision last year planned for later this year), but UNISON and EEAST as part of (NASPF) have agreed that certain payments should be made.
For the period 1st February 2017 until 31st January 2018 a payment has already been paid to staff that undertook “incidental overtime”.
EEAST are now planning to replicate the calculations and to work out the payments owed for the period 1st February 2018 until 31st January 2019.
UNISON are working with the trust to agree how this holiday pay can be paid to staff more regularly going forward and this will be reported on this website once in place.
Therefore if you have worked incidental overtime you will have not received the correct holiday pay and this is now in the process of being reviewed and as per the current agreement this will be calculated and paid.
Below is the full agreement.
NASPF National Agreement on Holiday Pay
The National Ambulance Strategic Partnership Forum (NASPF) brings together ambulance employers, trade unions and system stakeholders to look at issues across the NHS Ambulance Services.
All parties have been working together to find a way to pay staff a proportion of shift over-run overtime during annual leave. This is in response to the recent cases brought under the European Working Time Directive. They apply to the first 20 days of leave in any leave year.
Trade Unions and Employers have agreed a process under which this can be paid to staff without each person needing to make a separate claim. Staff will still need to complete their timesheets in line with their organisation’s process and employers will need to record shift over-run overtime separately to voluntary overtime.
Each Trust has committed to introduce this process by the end of the 1st quarter of 2017/18 NHS financial/annual leave year. This stance is adopted without prejudice to any ongoing or subsequent litigation but as a constructive attempt to avoid litigation in the first place.
The principles derived from the rulings in relation to ‘compulsory over-runs’ will be treated as applying to Ambulance Service staff who are regularly required, due to the nature of their role, to work compulsory overtime in the form of overruns.
This will apply in the unavoidable/unplanned (enforced) event that staff are dispatched to a late incident or an incident that takes them over their scheduled shift end time, take an emergency or urgent call which they cannot walk away from at the planned end time for their shift; or whom have worked through their shift without an unpaid break and thus resulted in a forced ‘over-run’ within their planned hours for that shift.
The following regular payments are not within the scope of this agreement but will be kept under review through the NASPF:
- Voluntary and planned overtime.
- Other incidental payments, such as: late notice shift changes, late or missed meal breaks or disturbed meal breaks.