Please can you explain the different rates of pay for overtime and unsocial hours when supporting the enhanced response? (Updated: 14/09/20)

Agenda for Change

Additional hours (Overtime)

Organisational enhancements in excess of contractual entitlements were agreed in February 2020. From 1 September, it has been agreed that these arrangements will be extended until further notice, as below:

An employee that works additional hours but below full time hours (either 37.5 hours or 40 hours per week) will be paid additional hours at their normal hourly rate (‘plain time’).
Any hours worked IN EXCESS of full time hours (37.5 hours or 40 hours per week) will be paid at time and a half.
Overtime IN EXCESS of full time hours on a Bank Holiday is paid at double time - Please see below for full details of Bank Holiday working and unsocial hours payments.

Unsocial hours payments

Where a shift pattern worked within full time hours involves working at weekends, bank holidays, or evenings (after 8 p.m. and before 6 a.m.), staff will be appropriately remunerated in line with Agenda for Change (section 2).

The rates in the table reflect Agenda for Change and take account of the updated 2020/2021 rates for bands 2 and 3.

Band	Saturday (midnight to midnight) and any weekday after 8pm and before 6am	Sundays and Bank Holidays
2	Time plus 41%	Time plus 83%
3	Time plus 35%	Time plus 69%
4-9	Time plus 30%	Time plus 60%

Unsocial hours or overtime?

If an individual works overtime and during unsocial hours, they will only be paid one rate.
If someone is working overtime (IN EXCESS of 37.5 hours or 40 hours), they will be paid at the overtime rate regardless if these include unsocial hours.
If someone is working unsocial hours, but within the 37.5 hours (or 40 hours) per week, they will be paid at the unsocial hours rate.

Bank Holiday working

As Bank Holidays fall on weekdays, for the vast majority of staff, they fall within normal full time hours of work. Therefore, for hours worked on a Bank Holiday staff will be remunerated in line with unsocial hours enhancements under Agenda for Change (Section 2) as above.
Overtime payments (at double time) can only be claimed for hours worked on a Bank Holiday IN EXCESS of the normal 7.5 hour day.
Please note - When you work on a Bank Holiday, you do not need to book annual leave for that day and therefore have a day's annual leave available to take at another time during the year. Where annual leave has already been booked on ESR in advance, this should be cancelled.

Examples

Employee A – Part Time Worker

Contracted Hours

30 per week – usually works 9am-5pm Monday, Tuesday, Wednesday, Saturday

Currently working

37.5 hours per week – 9am-5pm Monday, Tuesday, Wednesday, Saturday and Sunday

Pay arrangement

No overtime payments due as working hours remain at or below full time working hours (37.5). Additional hours paid at plain time rate. The hours worked on a Saturday and Sunday would be paid at the unsocial hours’ rate.

Employee B - Full time shift worker

Contracted Hours

37.5 per week – works a mixture of shifts between Monday to Sunday (those worked at the weekends paid at unsocial hours rate)

Currently working

42.5 hours per week – still working a mixture of shifts between Monday to Sunday with the additional 5 hours worked on a Sunday

Pay arrangement

The additional 5 hours would be paid at the appropriate overtime rate (time and a half). Unsocial hours’ payment would not apply in this circumstance.

Employee C – Part Time Worker

Contracted Hours

20 per week – usually works 10am-3pm Monday to Thursday

Currently working

26 hours per week – 5pm-9pm Monday to Friday and 4pm-10pm and Sunday

Pay arrangement

Would be paid unsocial hours payments for the hours worked weekdays from 8pm-9pm* and for the hours worked on a Sunday. The additional 6 hours worked would be paid at plain time rate.

Employee C – Full time worker (Unsocial hours)

Contracted Hours

37.5 hours per week – usually works 8am-4pm Monday to Friday

Currently working

37.5 hours per week – 8am-4pm Monday to Thursday, 2pm-10pm Friday

Pay arrangement

Two of the hours worked on Friday would be paid at unsocial hours rate (8pm-10pm)*

*had more than half the shift been worked after 8pm, unsocial hours’ payment would apply to all hours worked on that shift

Bank Holiday working, For Example Easter 2020

Employee D – Full Time Worker (Good Friday Bank Holiday)

Contracted Hours

37.5 hours per week – usually works 8am-4pm Monday to Friday

Currently working

37.5 hours per week – 8am-4pm Monday to Friday (Friday is a bank holiday)

Pay arrangement

The hours worked on the Friday would be paid at the unsocial hours rate (the employee would NOT book leave for the Friday through ESR).

For any time worked on the bank holiday (Good Friday) which are in excess of 7.5 hours for that day (Friday) will be paid at double time

Full time worker (Easter Monday Bank Holiday)

Contracted Hours	37.5 per week – usually works 8am – 4pm Monday to Friday
Currently working	37.5 hours per week – 8am – 4pm Monday to Friday (Monday is a bank holiday)
Pay arrangement	The hours worked on the Monday would be paid at the unsocial hours rate (the employee would NOT book leave for the Monday through ESR). For any time worked on the bank holiday (Easter Monday) which are in excess of 7.5 for that day (Monday) will be paid at double time.

Employee E – Part Time Worker (Bank Holiday)

Contracted Hours

30 hours per week – usually works 7.5hrs per day from Monday to Thursday

Currently working

37.5 hours – works 7.5 hrs per day Monday to Thursday and in addition works the Friday. The Monday is a bank holiday

Pay arrangement

The hours worked on the Monday would be paid at the unsocial hours rate (the employee would NOT book leave for the Monday through ESR). No overtime payment would be due for the hours worked on the Friday as these remain within the full time hours (37.5). The additional hours worked on the Friday would be paid at plain time rate.

On-call work

When staff are on-call an availability allowance is paid for a 12- hour period (weekends and weekdays). The current rate is £19.95 (£39.90 for Bank holidays) as of 1 April 2020.

If the individual is called into work during an on-call period:

The first time they are called in, they are paid a minimum of 1 hour (including travel time)
All subsequent calls are paid for the actual time worked.