This bulletin is for the attention of NIPSA members employed under Agenda for Change Terms and Conditions. It is an information bulletin on what you are entitled to under AFC when you work above your contracted hours, whether you are a full-time or part-time staff member.
The Agenda for Change Handbook
Section 3 of the Agenda for Change handbook details “Overtime Payments” and includes “Time in Lieu” entitlements. The Handbook clearly states that all staff in Bands 1-7 are entitled to an overtime payment if they work in excess of 37.5 hrs per week. Anyone outside of these pay bands is not entitled to overtime payment but is entitled to time in lieu. Overtime is paid at time and a half rate while time in lieu is calculated at ordinary time.
NIPSA Advice Re Overtime and Time in Lieu
If you work in excess of 37.5 hrs per week, under the terms and conditions of your employment you are entitled to be paid overtime. It is important however that you agree to the amount of hours to be worked with your line manager as the handbook states that overtime applies when, “the employee’s line manager or team leader has agreed with the employee to this work being performed as overtime”.
Once this is agreed, managers should arrange for additional hours or overtime to be paid. If no agreement can be reached, it is NIPSA’s advice, and part of our current industrial action, that members should not do additional work outside of their contracted hours. If a specific situation arises members should contact a Branch Officer for further advice.
Occasionally individuals will find themselves in situations where it is impossible not to incur overtime (i.e. dealing with an emergency where you work past your normal finishing time). If this situation arises the additional hours worked should be brought to the attention of your line manager as soon as possible. Hours worked on additional tasks (i.e. working from home outside of your normal work pattern) should be done in conjunction with your line manager and agreement sought as to the time that may be required.
Part-time staff do not incur overtime until they have worked in excess of 37.5 hrs per week – until this happens they are paid at their normal hourly rate.
Time in Lieu
A manager cannot force someone to take time in lieu (or TOIL) if they have worked over their contracted hours. It is for the individual to decide if they want this paid as overtime or if part-time as additional time, or as time in lieu. Time in lieu is calculated at all times as ordinary time and must be taken within a three-month timescale. If it cannot be taken within this timescale then the individual is paid overtime, if it meant the employee worked in excess of 37.5 hrs of that particular week when the additional hours were incurred.
If you are denied Overtime
If any NIPSA member has followed the advice above and is denied what NIPSA considers is legitimate overtime, we will make representations to the Trust on your behalf. If the situation cannot be resolved, we will consider all options available i.e. assisting the member to make a complaint. If necessary, legal advice will be sought should we believe the Trust has breached their contractual obligations with the individual.
Finally, with the exception of dealing with an unforeseen emergency that requires your response and where you cannot leave, overtime is voluntary. You cannot be forced to work overtime. There does not exist a “variation of contract” that means, for example, you must work weekends if the service you work in normally operates on a Monday-Friday basis. If you feel you are being forced or bullied to work additional hours, contact one of the Branch Officers for advice.
Who to Contact In NIPSA Branch 730
The Branch can be contacted via email at email@example.com
The Branch Officers can also be contacted:
Tanya Killen at firstname.lastname@example.org or 07970372798
Damien Maguire at email@example.com or 07525669380
Siobhan Bell at firstname.lastname@example.org or 07399777969