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DOCUMENT REFERENCE NO:POL00075/HR

Type: Policy and Procedure(Policy/Procedure/Guideline)

Relevant to: All Staff

Produced by: Human Resources

Responsible Executive Director/Clinical Team: Human Resources

Date of Approval: 27.03.06

Date of Ratification: 27.03.06

Date of Implementation: 28.03.06

Due Review Date: 01/12/07

Responsible Reviewing Officer: HR Advisor

This document replaces: New Policy andProcedure

Signed Chief Executive

Document Review History

ReviewNo

Reviewed by Review Date Disposal Date

For Office Use Only

Scheme of Publication

Drive:X

Name:Scheme ofPublication

Section no:9 Policies

Sub Folder: HR File: as abvove

November 2005 Overtime Policy

- 1 - POL0075/HR

Overtime Policy

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POLICY VALIDITY STATEMENT

THIS POLICY IS DUE FOR REVIEW ON 01/12/2007

After this date, policy and process documents may becomeinvalid.

Policy users should ensure that they are consulting the currentlyvalid version of the documentation.

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CONTENTS

1. Policy Statement Page 4

2. Definition of overtime Page 4

3. Good Practice Page 4

4. Payment for overtime Page 5

Appendix 1 - Hours of the working week Transitional Arrangements Page 6

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1. Policy Statement

1.1 Terms and conditions are harmonised for all staff affected by Agenda for

Change. By 1 December 2011, the standard full-time hours for all staffaffected will be 37.5 per week. See Appendix 1 for transitional arrangements.This policy describes the good practice which should be followed when staffmay be asked to work overtime and how they will be recompensed for it.

1.2 This policy was written with the following principles in mind:

West Essex PCT is committed to helping staff balance the demands ofhome and work responsibilities and promoting a healthy work-life balancefor all staff

Where possible, managers should plan in advance the most effective wayof covering extra work demands or a shortage in staff in order to run theirservice

Fair pay will assist with recruitment, and accruing improved terms andconditions while remaining with the NHS will improve retention.

There should be equality between all staff groups

1.3 This policy is effective from 1 April 2006 and applies to full-time, part-time and

fixed term employees.

2. Definition of overtime

2.1 Overtime is defined as hours, in excess of the contracted hours, which havebeen worked with the agreement of the employees line manager tomeet particular circumstances. If an employee is working extra hoursunder a separate contract for the PCT for example through NHSProfessionals, this is not defined as overtime.

3. Good Practice

3.1 Managers must bear in mind the limits on working hours laid down in theWorking Time Regulations, when asking staff to work overtime, especially therequirement not to exceed an average of 48 hours per week and the need forminimum daily rest periods. See Section 27: Working Time Regulations, inthe NHS Terms and Conditions of Service Handbook for further guidance.

3.2 Managers should plan as far in advance as possible to cover any knownabsence in order to minimise the need for overtime working.

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3.3 In order to cover known absence or additional hours or shifts, staff should bebooked via NHS Professionals or a similar arrangement. Staff working thesehours or shifts for NHS Professionals could be staff employed by EppingForest PCT.

3.4 If staff cannot be obtained from NHS Professionals or a similar arrangement,the manager can consider offering staff the opportunity to work overtime.

3.5 Agreed overtime may also be worked if additional hours are required tocomplete urgent work or provide urgent service cover.

3.6 If staff are offered the opportunity to work overtime or extra shifts, they arefree to turn it down.

4. Payment for Overtime

4.1 All staff in pay bands 1 to 7 will be eligible for overtime payments.There is a single harmonised rate of time and a half for all overtime,with the exception of work on general public holidays, which will bepaid at double time.

4.2 Overtime payments will be based on the hourly rate provided bybasic pay plus any long-term recruitment and retention premia.

4.3Part-time employees will receive payments for the additional hours atplain time rates until their hours exceed standard hours of 37 hours a week.(If their hours are subject to phased protection, they will receive plain timerates until their hours exceed the relevant protected standard hours.)

4.4 The single overtime rate will apply whenever excess hours areworked over full-time hours unless time off in lieu is taken, providedthe employees line manager or team leader has agreed with theemployee to this work being performed outside the standard hours.

4.5 Staff may request to take time off in lieu as an alternative to

overtime payments. However staff who, for operational reasons, areunable to take time off in lieu within three months must be paid atthe overtime rate.

4.6 Time off in lieu of overtime payments will be at usual time rates.

4.7 Senior staff paid in pay bands 8 or 9 will not be entitled to overtimepayments or time of in lieu for any reason other than as a result ofbeing called into work during an on-call period (Please refer toparagraph 2.25 in the NHS Terms and Conditions of ServiceHandbook).

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5. Additional Requirements

5.1 If a member of staff is absent due to sickness they will not beeligible to request overtime for ten working days. In additionManagers must ensure they are not asking staff in this situation towork.

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Appendix 1

HOURS OF THE WORKING WEEK TRANSITIONAL ARRANGEMENTS

Assimilation of working hours for those currently working less than 37 hours

Staff currently working less than 37 hours, excluding meal breaks, will have theirhours protected for a phased protection period as set out in the Tablebelow.

Current full time standard hours(excluding overtime, bank andagency)

New standard hours

Up to 39 hours 37.5 from 1st December 2004.

37.5 hours 37.5

37 hours 37 for three years37.5 from 1st December 2007

36.5 hours 36.5 for three years

37 from 1st

December 2007 for 1 year37.5 from 1st December 2008

36 hours 36 for three years37 from1st December2007 for 2 years37.5 hours from 1st December 2009

35 hours 35 for 4 years36 from 1st December 2008 for 2 years37 from 1st December 2010 for 1 year37.5 from 1st December 2011

Parttime staff whose hours of work change under Agenda for Change may opt toeither retain the same number of hours they currently work or have their part-timehours altered to represent the same percentage of full time hours as is currently thecase.