AfC Handbook revision ( England)

1. AfC Handbook revision(England) 1 April 2013

2. Background • Changes to AfC agreed by NHS Staff Council on 26 February 2013 (for England only) • Effective from 1 April 2013 • Management of incremental progression • Sickness absence pay • Incremental progression for Bands 8c, 8d & 9 • JE and Bands 8c, 8d and 9 • Workforce ‘re-profiling’ – limits on down-banding • Equality Impact Assessment

3. Incremental progression – past arrangements • Linking pay increments to performance is not new • N&M Whitley 1995 (6.41) “Increments may be withheld on the receipt of an adverse report.” • AfC 2004 (1.8): ‘’Staff will progress …..provided their performance is satisfactory and they demonstrate the agreed knowledge and skills appropriate to that part of the pay band or range” and “…new entrants will have accelerated progression…providing those responsible for the relevant standards….are satisfied with their standard of practice” • KSF 2004 (1.11); Foundation and second gateways ’expectation of progression’ but if “concerns have been raised about significant weaknesses in undertaking the current role..might lead to deferment of pay progression”

4. Incremental progression - present • All incremental moves now linked to local performance measures – to be devised • Assessment against agreed objectives • Appeal process • New Annex W sets out principles and criteria for local incremental progression

5. Preceptorship • Preceptorship as a ‘process’ retained BUT • Access to ‘double increment’ for Band 5 posts in first year will cease • Those who start a ‘preceptorship’ programme before 31/03/13 and are successful post April 2013 will receive the additional increment

6. Pay while on sickness absence • Whitley (pre-2004): plain time pay for nurses and midwives • AFC 2004 (14.2) “full pay” includes regularly paid supplements such as USH. Retrospective calculation from first day of sickness. • Enhanced sick pay in place before April 1 will cease on April 1 • April 1 2013: absence pay to be paid at basic pay inclusive of any HCAA

7. Pay while on sickness absence – exemptions • Staff on ‘pay points’ 1-8 (£14,294 - £17,425) not affected by the change • If sickness is caused by a work injury or disease contracted at work • AFC Section 22 covers ‘work injury’ provisions

8. Annex W (England); Pay Progression • ‘Enabling’ – outlines the principles for local incremental policies • Includes the ‘right to seek a review’ • Equality impact to be assessed • Local schemes may be individual and / or team based • Joint monitoring and review • Appropriate training and support for staff who do not meet performance criteria

9. 8c, 8d & 9 ‘annually earned increments’ • Relates to the top two increments in each of these bands • Non-consolidated : Have to be ‘earned’ every year • If appraisal not successful then increment withdrawn for the following year • Those already on the top two increments will not lose them • Annex W applies

10. JE ‘flexibility’ on senior posts • Currently posts with JE score above 720 fall into ‘very Senior Managers Pay - vSMP) i.e. not covered by AfC • From April the 720 threshold drops to 630 points • Posts above 630 ‘may’ be vSMP (or other local pay arrangement). But could equally remain at AfC • Those currently between 630 and 720 will not ‘default’ to vSMP • If employers decide to move posts off AfC, there must be an EQIA and there must be a fair, legal process

11. Annex X (England) - Guidance on workforce re-profiling • Proposed by the trade unions to ensure a ‘national’ process and to protect against down-banding • Linked to NHS JE Scheme • Re-profiling will be a ‘joint exercise’ between managers, staff and trade unions • No assumption made that role bandings will decrease • An assessment of whether the proposed re-distribution of roles poses a risk to good practice • Employers must make clear what will no longer be done or done differently under a new structure

12. Equality Impact Assessment (EQIA) • Pay Circular stipulates that employers should carry out EQIA before implementing changes • Continual EQIA on procedures – not just ‘one off’

13. Implementation Importance of working together on; • Pay progression, appraisal and competency arrangements • Re-profiling; patient safety, pay protection, proper application of JE • EQIAs • Impact of 630 JE band for possible vSMP • Annex A2a pages 265 – 273 of the Handbook provides FAQ www.nhsemployers.org Terms and Conditions Annex A2a FAQ

14. Other changes: Section 17 Mileage allowances • Effective from July 1 2013 (agreed in 2010) • Single rate of reimbursement for all up to 3500 miles • Reduced rate thereafter • Replaces Public Transport Rate (PTR) with a ‘reserve rate’ (50% of full rate) • Rate to be set in July – if calculated now would be 68p and 24p • On 68/24p all PTR and Regular Users would see an increase in reimbursement

15. Section 22: Injury Allowance • Effective 1 April • Replaces TIA/PIB • Applies to injuries / illnesses / conditions that are ‘wholly or mainly attributable to NHS employment’ and where pay is reduced • 85% of pay (including any benefits received) including on phased return and payable for up to 12 months • Access to ‘pay protection’ if moving to lower paid work • Section 22 ‘contractual’ so transfers under TUPE etc • Pre-31 March 2013 injuries can still access TIA/PIB