DOCUMENT REFERENCE NO:…POL00075/HR

Type: Policy and Procedure

(Policy/Procedure/Guideline)

Overtime Policy

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 and
Procedure

Signed Chief Executive

Document Review History

Review Reviewed by Review Date Disposal Date
No

For Office Use Only

Scheme of Publication
Drive: Name: Section no: Sub Folder: HR File: as abvove
X Scheme of 9 Policies
Publication

November 2005 Overtime Policy

-1- POL0075/HR
 POLICY VALIDITY STATEMENT

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

After this date, policy and process documents may become

invalid.

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

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 staff
affected will be 37.5 per week. See Appendix 1 for transitional arrangements.
This policy describes the good practice which should be followed when staff
may 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 of

home and work responsibilities and promoting a healthy work-life balance
for all staff

• Where possible, managers should plan in advance the most effective way
of covering extra work demands or a shortage in staff in order to run their
service

• Fair pay will assist with recruitment, and accruing improved terms and
conditions 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 have
been worked with the agreement of the employee’s line manager to
meet particular circumstances. If an employee is working extra hours
under a separate contract for the PCT for example through NHS
Professionals, this is not defined as overtime.

3. Good Practice

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

3.2 Managers should plan as far in advance as possible to cover any known
absence in order to minimise the need for overtime working.
3.3 In order to cover known absence or additional hours or shifts, staff should be
booked via NHS Professionals or a similar arrangement. Staff working these
hours or shifts for NHS Professionals could be staff employed by Epping
Forest 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 to
complete urgent work or provide urgent service cover.

3.6 If staff are offered the opportunity to work overtime or extra shifts, they are
free 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 be
paid at double time.

4.2 Overtime payments will be based on the hourly rate provided by

basic pay plus any long-term recruitment and retention premia.

4.3 Part-time employees will receive payments for the additional hours at
plain time rates until their hours exceed standard hours of 37½ hours a week.
(If their hours are subject to phased protection, they will receive plain time
rates until their hours exceed the relevant protected standard hours.)

4.4 The single overtime rate will apply whenever excess hours are
worked over full-time hours unless time off in lieu is taken, provided
the employee’s line manager or team leader has agreed with the
employee 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, are
unable to take time off in lieu within three months must be paid at
the 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 overtime
payments or time of in lieu for any reason other than as a result of
being called into work during an on-call period (Please refer to
paragraph 2.25 in the NHS Terms and Conditions of Service
Handbook).
5. Additional Requirements

5.1 If a member of staff is absent due to sickness they will not be

eligible to request overtime for ten working days. In addition
Managers must ensure they are not asking staff in this situation to
work.
 Appendix 1

HOURS OF THE WORKING WEEK – TRANSITIONAL ARRANGEMENTS

Assimilation of working hours for those currently working less than 37½ hours

Staff currently working less than 37½ hours, excluding meal breaks, will have their
hours protected for a phased protection period as set out in the Table below.

Current full time standard hours New standard hours

(excluding overtime, bank and
agency)

Up to 39 hours 37.5 from 1st December 2004.

37.5 hours 37.5

37 hours 37 for three years
37.5 from 1st December 2007

36.5 hours 36.5 for three years

37 from 1st December 2007 for 1 year
37.5 from 1st December 2008

36 hours 36 for three years

37 from1st December2007 for 2 years
37.5 hours from 1st December 2009

35 hours 35 for 4 years

36 from 1st December 2008 for 2 years
37 from 1st December 2010 for 1 year
37.5 from 1st December 2011

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