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A recent ESR User Notice has reminded NHS organisations to check that correct procedures are followed when making unsocial hours payments for periods of annual leave. In line with this Notice all NHS organisations should check that they are making the inputs and following the procedures described in the Notice. Where it is identified that employees have been underpaid local partnerships should take all reasonable steps to make good the shortfalls in pay a soon as is practicable.

The national agreement on pay during annual leave says that:

"pay during annual leave will include regularly paid supplements, including any recruitment and retention premia, payments for work outside normal hours and high cost area supplements. Pay is calculated on the basis of what the individual would have received had he/she been at work. This would be based on the previous three months at work or any other reference period that may be locally agreed."

(Paragraph 13.9 in the NHS Terms and Conditions of Service Handbook).

ESR User Notice Number UN1442, published on 18 July 2011, explains how the system calculates this part of payroll. The notice says that if an organisation is using the ESR average pay facilities to calculate unsocial hours payments during annual leave arrangements need to be in place to ensure that payments are being made correctly. Employers need to discuss with their payroll teams how they can best identify past underpayments, with reference to ESR support where necessary. Where it is identified that employees have been underpaid local partnerships should take all reasonable steps to make good the shortfalls in pay as soon as is practicable.

The Notice also strongly recommends that organisations should collect relevant information on days and hours worked to assist in the processing of this part of payroll.

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