If you earn enhanced pay because you work shifts or unsocial hours, Agenda for Change sets out that your holiday pay and sickness pay should be calculated based on the average of your enhanced pay earned over the previous 13 weeks. This is to ensure that your pay doesn’t go down when you are on leave.
The method of working this out is complex though and some UNISON members have had grievances upheld previously as the Trust were not paying enhancements when some staff were on leave.
You are entitled to enhanced pay on leave if you have earned enhancements in the proceeding 13 weeks prior to leave. If these are not being paid then the Trust may be breaching your contract and unlawfully deducting from your wages. The system for calculating the payments is complicated though and we know that there are different systems in different wards – that may or may not be operating properly. For example on some wards managers have been operating “ghost shifts” to try to pay staff enhancements when they are on leave.
The Trust are currently reviewing these systems and are looking at a new fairer way of calculating the payments, but in the meantime UNISON needs your help to identify which wards have a system in place and who may have a claim. UNISON is supporting our members who have lodged grievances about this to seek a resolution– but we are unsure whether there are more members affected. If you work shifts or unsocial hours please visit www.penninecareunison.org/annualleave to record how these payments are calculated on your ward. If we cannot negotiate a solution we may need to lodge claims at an Employment Tribunal. It is therefore very important that we have your details. If you are not in a Union – join today!