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Overtime Payments & Pay during Annual Leave, NHS & Ambulance (England)

The issue of overtime & additional hours not being included in annual leave payments has been an issue that trade unions have been raising with NHS employers for many years.

As a result of this long running campaign by unions, including legal claims being lodged by some union members, we were successful in securing negotiations to remedy this.

The negotiations ran from December 2020 to March 2021 & had two aims:

1.   Corrective settlements for back pay for monies owed.

2.   Fix the payroll system moving forwards to ensure overtime & additional hours are       included in annual leave payments.

The negotiations have now ended & full details, including a NHS Employers Frequently Asked Questions document can be accessed by visiting here

To be eligible, an individual must have worked & been paid for overtime or additional hours, in four or more months of one, or both, of financial years April 2019 – March 2020, & April 2020 – March 2021.

A corrective settlement payment will be offered by local employers to eligible individuals.  This will be 16% of the overtime or additional hours payments they received in one, or both of the financial years.

It is expected that this payment will be made by local employers by September 2021.  You should be contacted by your employer, if you are eligible, for a corrective settlement payment.  If you have not been contacted and believe you are eligible, please raise this direct with the Trust & speak to the Branch if required.

If you have a claim lodged with the union solicitors, you should continue to seek legal advice & support direct from the solicitors.

Future Payments.   The payroll system has been amended with effect from 1st April 2021 to ensure that all overtime or additional hours payments are included in annual leave payments.

If you believe that you have not been paid correctly when on annual leave from the 1st April 2021 onwards, please raise this with the Branch.

Posted: 12th April 2021

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