37-hour week – Frequently Asked Questions – Updated 8th August
Read the latest Briefing (published 25/09/24)
NHS LANARKSHIRE FAQs REDUCED WORKING WEEK (RWW) FROM 1 APRIL 2024
These frequently asked questions (FAQs) have been developed locally to support the national FAQs, which are detailed below for ease.
Updated Version 5 – 8 August 2024 – Additions to National FAQs Q28-30.
Q1: How do you calculate reduced working hours for part-time staff?
Updated following publication of updated circular PCS(AFC)2024/2 on 30 July 2024
The calculation of hours for part time staff was causing confusion and a view that staff were not receiving the correct pro rata reduction. The Scottish Terms and Conditions Committee (STAC) have reviewed this and have now issued further guidance on how the hours for part time staff should be calculated. Annex E of PCS(AFC)2024/2 provides the details of the new interim arrangements. This is an interim approach to ensure the principal of no detriment is maintained which is effective from 1 September 2024.
Hours should now be calculated according to the formula contained in the above guidance (previous part-time hours divided by 37.5 and multiplied by 37) and rounded to the nearest minute.
Q2: Why is the pro-rata calculation rounding up for some part-time staff?
Updated following publication of updated circular PCS(AFC)2024/2 on 30 July 2024
See above Q1
Q3: Is a calculator available to calculate part-time employees new weekly contracted hours?
Updated following publication of updated circular PCS(AFC)2024/2 on 30 July 2024
Yes. A revised spreadsheet is available on the STAC website which details what each previous configuration of working hours translates into, firstly under the rounding up approach being used for pay purposes and secondly in terms of the full pro-rata reduction to be applied locally. The table can be found https://www.stac.scot.nhs.uk/reduced-working-week-for-part-time-staff
Q4: How do I convert the whole time equivalent (wte) into minutes?
Examples:
22.3 is the weekly contracted hours / wte, this is 22 hours and 18 minutes
(0.3 x 60 = 18)
29.7 is 29 hours 42 minutes (0.7 x 60 minutes = 42)
Q5: What happens if staff have two part-time contracts/posts?
This is two separate contracts and shall continue to be treated as such. Refer to national FAQ Q28.
Q6: Can time be accumulated and taken from the roster/shift pattern?
Yes, where it is mutually agreed and on a pre-planned basis, i.e. working reduced contracted hours each week or averaging contracted hours over the roster period. This would meet the implementation requirements of the RWW agreement.
Q7: Can staff accrue the time as TOIL or annual leave?
Updated following publication of updated circular PCS(AFC)2024/2 on 30 July 2024
No. However, refer to Annex E of PCS(AFC)2024/2 which provides the details of the new interim arrangements for part-time workers including TOIL for difference in the two calculations.
Q8: Would extending staff breaks meet the requirements of the reduced working week?
No.
Q9: What happens if my service area cannot reduce my working hours in the first instance?
The standard working week for AfC staff in NHS Scotland from 1 April 2024 is 37 hours. It is however recognised that this change may impact on service delivery and patient safety if not carefully managed. It has therefore been agreed as part of the collective agreement that in the limited circumstances where a service cannot implement from 1 April, staff who are required to work their existing contracted hours during the local transition period will be recompensed by way of a temporary RWW Transitional Allowance at the following rates:
- Additional time worked, in respect of the RWW Transitional Allowance will be paid in a manner consistent with the rates agreed for overtime in the Agenda for Change Handbook. Part-time staff will receive plain time up to 37 hours and full-time staff will receive time and a half for anything above 37 hours.
- Contractual overtime will not apply as the move from 37.5 to 37 is transitional up to the point it is safe to fully reduce to 37 hours.
- Unsocial hours will be calculated based on new hourly rates.
Annual leave/public holiday entitlement should be calculated on pre 1 April 2024 contracted hours until revised working patterns implemented.
Q10: Are staff entitled to the RWW Transitional Allowance during annual leave and sick leave?
Yes.
Q11: Does the RWW Transitional Allowance need to be entered onto SSTS?
Yes. A new excess/overtime reason will be added to SSTS – “Addtl Hours – Reduced Working Week” – which MUST be used to record the minutes of RWW Transitional Allowance to be paid where it is not possible for a staff member to receive their 30 minute reduction (pro rata number of minutes for part time staff.) For full time staff an additional 30 minutes will need to be added. For part time staff the pro rata minutes need to be added. To ensure the correct payment is made, these additional minutes should be added on a Monday to Friday between 9am and 5pm, even if the member of staff only works nights or weekends and not on a day that is designated as a public holiday. These additional minutes should also be paid during all periods of leave including sickness absence and annual leave.
Q12: Does the RWW Transitional Allowance need to be authorised on SSTS?
Yes, otherwise payment will not be made. All transactions need to be authorised by the relevant manager, in time, according to SSTS cut off dates. Payment will be made in arrears.
Q13: What are the timescales for implementing the reduced working week?
Updated following publication of updated circular PCS(AFC)2024/2 on 18 June 2024
Transitional arrangements described above should be for as short a period as possible. Departments/services should look to implement the reduced working week and associated revised working patterns as soon as it is practical to do so. Implementation will be monitored by the local Programme Board.
The following dates for implementing the first 30 minute reduction have been agreed, and all NHS Boards should ensure they have plans in place to meet these:
• All Boards implement the first 30 minute reduction for non-rostered staff by 31 August 2024.
• All Boards implement the first 30 minute reduction for rostered staff by 30 November 2024.
Q14: For departments that can implement the reduction in the working week is there any actions that are required?
Yes. Managers need to update SSTS rosters to reflect revised working patterns (contact SSTS team if new roster codes are required ssts.team@ggc.scot.nhs.uk)
Recalculate annual leave and public holiday entitlement based on reduced contracted hours.
Q15: My payslip shows less weekly/monthly contracted hours paid why is that?
As per the national agreement, all staff’s weekly contracted hours have reduced from 1 April 2024. Full-time staff reducing from 37.5 per week (162.95 per month) to 37 per week (160.77 per month) and part-time staff reduced on a pro-rata basis, for example 30 hrs per week (130.36 per month) to 29.70 per week (129.05 per month). However, with the reduction in full-time conditional hours and the agreed part-time worker’s reduction calculation as per Q1 above this increases the hourly rate of pay and staff members should see no loss in earnings.
NHS Circular PCS(AFC)2024/2
REDUCTION IN THE WORKING WEEK FOR AGENDA FOR CHANGE STAFF IN NHS SCOTLAND
ANNEX C
REDUCTION IN THE WORKING WEEK FROM 1 APRIL 2024 FREQUENTLY ASKED QUESTIONS
From 1 April 2024, full-time hours for Agenda for Change staff will be reduced from
37.5 to 37 hours, without loss of earnings.
This document has been created in order to answer questions that have been raised.
This is a live document which will be updated on an ongoing basis as required. If there are any questions you feel could be added to this then please email hwfpaytermsandconditions@gov.scot, or speak to your local HR Department or union representative.
Reduction in hours and flexibility
Q1: What will happen to my pay on 1 April if I am on an Agenda for Change contract?
A: There will be no detriment to basic pay. However, the reduction in hours represents a 1.35% increase in hourly rates.
Q2: What happens to my hours if I am part-time?
A: Hours will be reduced pro rata from 1 April 2024. New part-time hours should be calculated in the following way (current part-time hours/37.5)x37 = new part-time hours.
You may however be able to retain your original part-time hours following discussions with your line manager. This will be subject to service requirements. If this is agreed, you will be paid the improved hourly rate.
Q3: What happens if I start working on an Agenda for Change contract on 1 April?
A: The whole-time contractual hours will be 37. However, you may be required to work an additional half hour in the first instance, if the department you are joining has not yet reduced to the 37 hour working week.
Any member of staff who joins part-time will be paid as per the new hourly rate based on the new whole-time equivalent of 37 hours but again may need to work extra hours up to the original part-time hours of the post if the department you are joining has not yet reduced to the new 37 hour working week.
Q4: What happens if my service area cannot reduce my working hours in the first instance?
A: The standard working week for AfC staff in NHS Scotland from 1 April 2024 is 37 hours. It is however recognised that this change may impact on service delivery and patient safety if not carefully managed. It has therefore been agreed as part of the collective agreement that in the limited circumstances where a service cannot implement from 1 April, staff who are required to work their existing contracted hours during the local transition period will be recompensed by way of a temporary RWW Transitional Allowance at the following rates:
- Additional time worked, in respect of the RWW Transitional Allowance will be paid in a manner consistent with the rates agreed for overtime in the Agenda for Change Handbook. Part-time staff will receive plain time up to 37 hours and full-time staff will receive time and a half for anything above 37 hours.
- Contractual overtime will not apply as the move from 37.5 to 37 is transitional up to the point it is safe to fully reduce to 37 hours.
- Unsocial hours will be calculated based on new hourly rates.
Q5: Will all adverts posted after 1 April 2024 show a full-time working week of 37 hours?
A: Yes. See above answer where required.
Q6: What is the new whole-time for NHS Agenda for Change staff in the tax year 2024/25?
A: 37 hours.
Q7: I am a Bank worker only and don’t work regular hours – will the increase in the hourly rate apply to me as well?
A: Yes.
Q8: What happens if my manager and I can’t agree on how the working time is reduced?
A: Any disputes should be resolved through local partnership arrangements. You will be entitled to be represented by your trade union or professional organisation.
Q9: Will my Pension be affected?
A: No. The NHS Scotland Pension Scheme is based on pensionable pay and because this will not fall as a result of this change your pension arrangements will stay the same.
Q10: What will happen to my current annual leave entitlement?
A: There will be no change to annual leave entitlement as outlined in the Agenda for Change handbook. Calculations in hours will now reflect the normal hours for a working day, which will now be 7.4 hours (37/5) instead of as current 7.5 hours (37.5/5).
Entitlement can be worked out using the online annual leave calculator – https://workforce.nhs.scot/calculators/annual-leave-calculator.
Staff wishing to ascertain their leave entitlement for the 1 April 2024 to 31 March 2025 leave year should be careful to enter the correct hours under these new provisions, to ensure the calculator provides an accurate response. Any staff unsure of what their working hours are in the 2024-25 leave year may wish to check with their manager or HR department.
Q11: Does this apply to all NHS Contracts?
A: No, this agreement is for Agenda for Change staff only.
Q12: Will staff be issued with a change in contract as a result of the change in working hours?
A: No, a change in contract will not be required. However, the Agenda for Change handbook will reflect the new whole-time equivalent.
Q13: I am currently in receipt of pay protection. If the reduction in the working week is not implemented in my department from 1 April 2024 and a Temporary RWW Transitional Allowance needs to be paid, will this be offset against my pay protection?
A: No, this temporary RWW Transitional Allowance will be paid in addition to any pay protection already in place.
Q14: Does it attract organisational change protection if my service changes?
A: No. This is a negotiated national change to terms and conditions and not a service change being made by your employer. However, the expectation is that in circumstances where services are changed, the requirement to comply with the new standard working week will be resolved as part of the planned change.
Q15: What happens if I currently work contractual overtime?
A: Contractual overtime that you currently are required to work will not be affected by this additional half hour that may be required in the interim.
Q16: What are the plans for ultimately reducing the working week to 36 hours and timescales?
A: The reduction in the working week from 37.5 to 36 hours has an overall aim of reducing to 36 hours by 1 April 2026. The Reduced Working Week Group will work to consider how this can be safely achieved, including through a series of early adopters as well as full evaluation of the first 30 minute reduction.
Q17: I regularly do overruns. How does the reduction work and how does the payment work?
A: There will be a number of areas across the Health Service that work alternate arrangements/rosters where overruns occur. Please contact your manager or local HR department on how this is being managed at a local level.
Q18: Will the “RWW Transitional Allowance” appear on my payslip?
A: No. Whilst staff will be paid as per the agreed approach until such time as hours can be reduced to 37, it will not appear on payslips as a separate payment.
[Questions 19 to 22 added on 16 April following discussion by Implementation Group]
Q19: I have annual leave which has been carried over from the 2023-24 leave year. Will these hours be reduced proportionately in line with the 2024-25 leave allocation?
A: No. Any hours carried over from 2023-24 should simply be added to the 2024-25 entitlement.
Q20: If my employer is not able to reduce my working week from 1 April, what will my leave entitlement be until this happens?
[Response updated again on 17 May following further discussion by Implementation Group]
A: A staff member’s leave entitlement should be based on a 37.5 hour working week (pro-rata for part time staff) until such time as their hours are reduced to 37 (or the pro-rata equivalent) on the system.
Q21: What is the length of a normal day now? Is it now 6 minutes shorter?
A: Whilst technically as a result of this change a day will reduce from 7.5 to 7.4 hours, it should be emphasised that simply reducing a working day by 6 minutes should not be the default approach. How shifts are re-arranged to accommodate the reduction will require local discussion. In doing so, the service will need to bear in mind that the intention is to implement the change in a way that allows staff to improve their work life balance.
Q22. What happens if shifts are re-arranged and people end up earning less because they are doing fewer unsocial hours?
A. Managers will be expected to re organise shifts in a way that minimises this possibility. However, where staff suspect this has happened they should bring it to the attention of their manager and local payroll department so that it can be looked into and mark time pay protection will be applied where this proves to be the case.
[Questions 23 & 24 added on 9 May following discussion by the Implementation Group]
Q23: What happens if my benefits are impacted by the Reduction in the Working Week?
A: Please discuss any financial impact that reducing your contracted hours may have on appropriate benefits. The purpose of the RWW is to improve work life balance. If your benefits are affected, please discuss this with your local line manager in the first instance, it is expected that Boards will take a supportive approach in such instances (subject to service delivery needs). The existing provision for part time workers to keep their current hours and benefit from the small increase in hourly rates is an approach mechanism to facilitate a positive solution.
Q24: Should I be involved in how the introduction of the Reduced Working Week is implemented in my service area i.e how my working pattern is arranged?
A: Yes, you should be consulted. Agreement should be reached within the spirit of partnership working ensuring the existing collective agreement to the new contractual hours.
[Questions 25 to 27 added on 17 May following discussion by Implementation Group]
Q25: Do I get paid the Transitional Allowance when I am on annual / sick / special / compassionate leave?
A: Yes, staff should be “paid as if at work” when on leave so if your leave occurs at a time when you are still receiving the Transitional Allowance then that should be reflected in your holiday pay.
Q26: How should long shifts, over variable roster periods, be managed in the context of the reduction?
A: The reduction should be the priority and occur within the working week where it is possible to do so. In circumstances where it is agreed that patient care would be adversely affected, local partnerships and services have some flexibility to reduce worked hours over the period of the scheduled roster or normal pay cycle. In these circumstances there should be agreement with staff.
Q27: Will the roster changes made during the initial 30 min reduction be honoured once the full 1.5hr reduction is in place?
A: It is recognised that the reduction in the working week is being implemented in three stages. This may result in further changes to rostered working patterns at a later date. Where this is likely to occur, that should be clearly communicated, recognised and agreed by all parties concerned.
[Questions 28 to 30 added on 30 July following agreement by Implementation Group]
Q28: What is the correct approach when a staff member has more than one contract?
A: Each contract should be treated separately, and each should receive the appropriate amount of time reduction for the weekly hours originally specified in the contract before 1 April 2024.
Q29: I work on the NHS Bank only, what are the new hours I need to have worked to receive my next pay increment?
A: Whilst the principles around increments for bank workers remain as set out in PCS(AFC)2015/2, from 1 April 2024 the working week moving to 37 hours means the number of hours a bank worker, who only has a bank post, is required to work to qualify for the next pay increment will reduce from 391 hours in a year to 385 hours in a year. The calculation of hours to be worked in a year should be pro rata where the increment year spans 1 April. Also, any reference to a 7.5 hour shift in PCS(AFC)2015/2 should be read as 7.4 hours in the context of the reduced working week.
Q30: With regard to the approach to part-time staff outlined at Annex E of the guidance, should annual leave be based the hours which are paid (i.e. rounded up to one decimal place to ensure no loss in earnings), or actual rostered working hours (i.e. the exact pro-rata reduced hours)?
A: See questions 10 and 20 for further context with regard to Annual Leave. For staff who have had their working time reduced, it is always their actual rostered contracted hours which should be used to ascertain leave entitlement. Care should therefore be taken to enter the correct information into the “Hours worked (per week)” data entry box on the online Annual Leave Calculator https://workforce.nhs.scot/calculators/annual-leave-calculator i.e. to enter actual rostered working hours to two decimal points where required. Part-time staff who are unsure of what their new rostered working hours are should check with their manager or look this up on the Reduced Working Week for Part-Time Staff section of the STAC website.