Policies and Staff Governance

Am I entitled to make an application for Flexible Working?

Yes, if you are not an agency/bank worker and you have not made more than one application to work flexibly during the previous 12 months. 

If I am eligible, what can I request?

You can submit an application for a change to the hours you work; a change to the times when you are required to work or a change to the place you are required to work. An acceptance of a request for flexible working will result in a permanent change to your terms and conditions of employment (unless otherwise agreed). You will have no right to revert back to the previous working pattern.

How do I make an application for Flexible Working?

All applications for flexible working must be made on the Flexible Working  Application Form. The completed form should then be submitted to your line manager which will then be acknowledged in writing.

What happens next?

Your line manager will hold an initial meeting with you to discuss the application within 4 weeks of the date received. After the initial meeting your manager will inform you of their decision in writing. If the request is accepted, your line manager will confirm this in writing, specifying the new working pattern and the date from which it will take effect. Your line manager will also complete a Notification of Change Form for the Payroll Department.

Yes, there are two exemptions to this: the procedure for employees returning from maternity or adoption leave who wish to job share is described in the job share policy, and the procedure for introducing annualised hours described within the annualised hours guidance. 

What if my application is unsuccessful?

Non-acceptance of an application for flexible working can only be for valid and objective service/operational reasons. Your line manager will confirm the reasons in writing to you following the initial meeting and will also provide details of the formal appeal procedure.

How do I appeal?

The employee will have a right to appeal within 14 calendar days of receipt of the written outcome of the request. When exercising this right, the employee must identify the reason for their appeal.

The appeal panel will be chaired by the next level of management and supported by an HR adviser who has not previously been involved in the process.

The appeal panel Chair will inform all parties of the arrangements for the hearing in writing no later than 14 calendar days before the hearing. The hearing and outcome must take place within 3 months of the application being submitted.

Am I entitled to be accompanied?

Yes, you are entitled to be accompanied by a trade union/professional organisation representative or accompanied by a fellow colleague, friend or relative not acting in a legal capacity at all stages of the process.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need guidance on this policy area.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

The material contained in this section is management guidance, rather than guidance that has been agreed in partnership.

OfS Flexible Working Application Form

What is the guidance for working at home?

 In order to compliment the Home Working Policy, guidance was created in partnership in September 2020, which is available to view here.

What are the benefits of Homeworking?

There are a number of reasons why homeworking and working at home
is desirable including:

• providing greater flexibility
• increasing scope to meet the Board’s commitment to equal
opportunities, (e.g. it may enable a person with disabilities to do a job they otherwise would not be able to do)
• reducing energy consumption and pollution from unnecessary car journeys
• attracting and retaining staff
• providing a working environment which allows work to be carried out effectively and efficiently

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need guidance on this policy area.

What is Maternity Leave?

Maternity Leave is a period of absence from work granted to a mother before and after the birth of her child.

Am I entitled to Maternity Leave?

An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme if:

You have twelve months continuous service with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth

You notify your employer in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter)

• of your intention to take maternity leave
• of the date you wish to start your maternity leave
• that you intend to return to work with the same employer or other NHS employer for a minimum period of 3 months after your maternity leave has ended
• provide a MATB1 form from your midwife or GP giving the expected date of childbirth

How much time off am I entitled to?

All employees will have the right to take 52 weeks of maternity leave. Please refer to the FAQ guide for details on pay entitlement related to length of service.

How do I apply for Maternity Leave?

In order to apply for maternity leave you must complete a maternity leave transaction through eESS employee self service. This will allow you to enter the dates for your maternity leave which will be submitted to the appropriate manager to approve the initial request which then progresses to HR Support and Advice Unit.  One you have completed the maternity leave transaction you must provide your manager with your original MATB1 form before the end of the 15th week before the expected date of childbirth. There is a function on eESS to electronically attach the MATB1 form.

If you do not have an eESS ID due to not having a GGC email or access to GGC network then your manager can complete the maternity leave transaction on your behalf via manager self service.

Your paperwork will then be processed by HR and Payroll. You/ your manager will be able to view your maternity leave dates via eESS self service functions.

eESS Maternity Leave Standard Operating Procedures

What happens with my holiday entitlement?

Employees continue to accrue all their annual leave and public holidays as normal throughout the entirety of their maternity leave, it does not need to be recalculated.

For example, if a nurse took maternity leave from 1 April 2019 to 31 March 2020 – i.e. a whole annual leave year – then they would return to work on 1 April 2020 with double their normal annual leave entitlement and 16 rather than 8 public holidays (still pro rata for part-time staff)*.

However, as early as possible between a manager being notified of an employee’s pregnancy and before that employee goes on maternity leave, the manager and employee need to discuss how best to plan to use this annual leave, pre- and post-maternity leave, including how much might need to be carried forward into a new annual leave year as it is not possible to take annual leave during maternity leave.

*Doctors and dentists have different annual leave years and entitlements than in the example above – please see Medical and Dental Policies – NHSGGC – however the principle of not losing any entitlement on account of maternity leave applies equally to all staff. 

What are keeping in touch days?

Keeping in touch (KIT) days are intended to facilitate a smooth return to work for women returning from maternity leave.

An employee may work for up to a maximum of 10 KIT days without bringing her maternity leave to an end. Any KIT days will not extend the maternity leave period and will be paid at the employee’s basic daily rate.

It is important that the employer and employee have early discussion to plan and make arrangements for KIT days before the employee’s maternity leave takes place.

Please note: Employees who agree to work KIT days will not be paid for work done in addition to SMP. The statutory rules provide for payment at a rate no less than the weekly value of SMP for work done on a KIT day, so if you work 10 hours on a KIT day with a contractual payment of £190.00 you will not receive the £190.00 in addition to the weekly rate of SMP (£172.48 for 2023/2024) however since that exceeds the SMP rate you will be paid £190.00 instead of SMP. If you work 8 hours on a KIT day and the contractual payment is £80.00, you will receive £172.48 SMP which is higher than the contractual payment. Payment is made of the higher value only.

Return to Work Arrangements

Employees should be provided with information and support regarding return to work arrangements. These include:

• The right to return to their job under the original contract on no less favourable conditions;
• The right to request a return to work on flexible working arrangements;
• The right to parental leave; and
• Provision of support for mothers who wish to breastfeed after they return to work.

Not returning 

On the occasion you notified your manager of your intention not to return to work with the same or different NHS employer, in accordance with the most recent NHS Circular: PCS(AFC)2019/7– if an employee fails to return within 15 months of the beginning of their maternity leave they will be liable to refund the whole of their maternity pay, less any Statutory Maternity Pay received.

Keeping records up to date

We need to know when you’re at work and when you have any type of time off. This is important to make sure we pay you correctly too.

All managers should ensure that SSTS is updated correctly and payroll is informed, where SSTS is not available.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

What Evidence Do I Need To Give My Employer?

If you are expecting a baby you will need to submit to your manager a MATB1 form or a letter from your midwife or doctor that confirms the week your baby is due. This week is called the Expected Week of Confinement or EWC.

When Should I Tell My Manager That I’m Expecting A Baby?

You should tell your manager as soon as possible but no later than 15 weeks before the EWC. You will receive a MATB1 from your midwife or GP once you are at least 20 weeks pregnant. To find the 15th week before the EWC, find the Sunday before the due date (unless your baby is due on a Sunday, in which case use the due date), and count back 15 weeks.

Will I Receive Written Confirmation from My Employer?

You will be able to view the details of your maternity dates via eESS employee self service.

If you are not entitled to Statutory Maternity Pay (SMP), you will also be given a Form SMP1, which you should use to claim Maternity Allowance from Job Centre Plus.

Am I Allowed Time Off For Ante-Natal Care?

Yes, but you must provide evidence of appointments and give your Manager reasonable notice of your leave.

How Long Am I Entitled To Take Off Work for my Maternity Leave?

All pregnant employees are entitled to take up to 52 weeks’ statutory maternity leave (SML) around the birth of their child. 

Am I Entitled To Statutory Maternity Pay (SMP)?

Do you have at least 26 weeks service with NHS Greater Glasgow and Clyde 15 weeks before your baby is due?

a) Yes, you will receive 39 weeks statutory maternity pay as long as you have at least 26 weeks continuous service with NHSGGC by the 15^th week before the week your baby is due and your average earnings exceed the Lower Earnings Level for National Insurance purposes (£123 per week for 2023/2024 tax year).

b) No, not if you are employed for less than 26 weeks prior to the 15^th week or your average earnings are less than the current Lower Earnings Level for National Insurance purposes. 

c) If you are unsure if you qualify, the payroll department can advise you on this.

Do I accrue annual and public holiday hours whilst I am on Maternity Leave?

Yes, all employees on Maternity Leave will accrue both annual leave and public holiday hours.

With agreement from your line manager, these hours can be used either at the start of the leave, at the end or a combination of both.

SMP – What Is the current rate and the current Lower Earnings Level for National Insurance?

A3.1 The current rate of SMP is £172.48 per week (or 90% of an employee’s average weekly earnings before tax if lower than £172.48). You can find this at https://www.gov.uk/maternity-pay-leave/pay.

To qualify for SMP you must have average earnings at least equal to the Lower Earnings Level for National Insurance purposes which is currently £123 per week. You can find this at https://www.gov.uk/government/publications/rates-and-allowances-national-insurance-contributions/rates-and-allowances-national-insurance-contributions. 

How do I Calculate SMP?

The calculation period is the eight weeks, if you are paid weekly, up to and including the 15th week before your baby is due. If you are paid monthly, the calculation period is usually based on the last two monthly payments received before the end of the 15th week before your baby is due. To work out the weekly average if you are monthly paid, add up the pay on the payslips, divide by 2 , multiply by 12 and divide that number by 52. Pay can include holiday pay, bonuses, overtime, sick pay and any previous periods of SMP but not Maternity Allowance. National pay awards, usually effective from 1^st April, which fall due after the assessment period will result in the reassessment of SMP based on values derived from the increased salary. The revised SMP will be payable from the start of the maternity leave or from the effective date of the pay award (usually 1^st April), whichever is later.

What If I Am Not Entitled To Statutory Maternity Pay?

If you do not qualify for SMP, you may still be able to receive Maternity Allowance. If you are not entitled, an SMP1 form will be sent to your home address at the time your maternity leave application is processed. You should take this to the Department of Work and Pensions who in turn will advise you if you qualify for Maternity Allowance.

How Is Statutory Maternity Pay Paid?

You will receive your pay on your normal pay day. SMP is paid in complete weeks. If you are monthly paid, some months will have four weeks SMP and others will have five. The number of weeks is determined by the number of Saturdays in the month. Your pay slip will be sent to your home address from your department.

How Much Payment Will I Receive During Maternity Leave?

A3.5 The payment for Occupational and Statutory Maternity Pay run concurrently and the amount you will be paid depends on your entitlement to each.

a). If you are eligible for occupational maternity pay and SMP :

8 weeks @ full pay

18 weeks @ half pay + SMP (£172.48 effective from April 2023 or 90% of average weekly earnings, whichever is less) provided the total receivable does not exceed full pay.

13 weeks @ SMP only (£172.48 effective from April 2023 or 90% of average weekly earnings which ever is less).    

13 weeks @ no pay

b). If you are not eligible for occupational maternity pay but you do qualify for SMP :

6 weeks @ 90% of average weekly earnings.

33 weeks @ SMP only (£172.48 effective from April 2023) or 90% of average weekly earnings, whichever is less).       

c). If you are eligible for occupational maternity pay but do not qualify for SMP :

8 weeks full pay less **Maternity Allowance

18 weeks half pay provided half pay plus **Maternity Allowance does not exceed full pay

13 weeks **Maternity Allowance

**Maternity Allowance is not paid by NHSGGC but by Dept of Work & Pensions 

Note:

Generally, Maternity pay starts on a Sunday. It is paid out in whole weeks.

e.g. If you start your maternity leave on Sunday 6^th September 2015. you will receive: 

5 days basic pay 1^st to 5^th September

3 weeks mat leave 6^th September to 26^th September

The 27^th to 30^th September is not a full week therefore it will be added to your October pay.

How is Occupational Maternity Pay Calculated?

OMP is calculated using your earnings in the same fixed pay periods described for the SMP calculation. National pay awards and annual increments which fall due after this assessment will result in a reassessment of OMP based on values derived from the increased salary. Revised OMP resulting from a national pay award or increment will be applied from the start of the maternity leave or from the effective date of the pay award/increment, whichever is later.

What If I Change My Contract After My OMP Earnings Have Been Assessed But Before I Commence Maternity Leave?

Any changes to your contract which take effect after the OMP earnings have been assessed will impact the OMP which you will receive. OMP will be recalculated to reflect contractual change to, for example, your grade, contracted hours or to the out of hours banding payment made to doctors in training. In some cases this reassessment will positively impact the level of OMP whereas in others the recalculation will produce a lesser value of OMP than the original calculation.

I Have Heard You Can Request That The Payments Are Given Evenly Instead Of Ending Up The Last Few Months With Very Little Income. How Does This Work?

Maternity Pay, by prior agreement with your employer, may be paid in a different way such as equal weekly values spread over the maternity leave period of up to 52 weeks.  However, HMRC regulations state employees must receive at least 90% of their salary for the first 6 weeks of their maternity leave; therefore, equal payments cannot be applied to this period. 

If you wish to apply for equal payments of your Occupational Maternity Pay, you can do so via section 18 of the Maternity Leave Application Form. This option, if selected, must be made prior to the commencement of your maternity leave and this cannot be changed afterwards.

I Am Currently Off Work On Maternity Leave And I Am Pregnant Again. How Will My Pay Be Calculated For This Second Period Of Maternity Leave?

Your entitlement to both Statutory and Occupational Maternity Pay are calculated on the payments received during the 8 week period prior to the Qualifying Week. If your earnings during that period have been reduced because you were receiving half pay or you were on unpaid maternity leave then OMP / SMP for the second period of leave will reflect these reduced earnings.

What Payment Will I Receive If I Do Not Intend to Return to Work?

The qualifying criteria for both OMP and SMP are the same whether you are returning to work or not. Therefore, providing you satisfy the qualifying conditions you will receive 6 weeks pay at 90% of your average weekly earnings followed by 33 weeks at the standard rate of SMP. These payments will be made on an ongoing basis and, if you are paid monthly, will be blocked into a number of weeks each month depending on the number of Saturdays in that month.

I Am Undecided Whether I Will Return to Work or Not – How Will I Be Paid?

You will be treated initially as if you do not intend to return to work and will be paid 6 weeks at 90% of average earnings followed by 33 weeks at the standard rate of SMP. If you subsequently decide to come back to work, and work for a minimum of three months, you will be paid the difference between what you have been paid under the leaver entitlement and the amount which would have been paid to you if you had declared your intention to return at the outset.

What If I Am Off Sick Prior To My Maternity Leave With An Illness That Is Not Connected To My Pregnancy?

If you are off work with a non-pregnancy related illness you will receive any sickness benefits that you are entitled to be paid up to the point of the notified date of maternity leave then SMP will commence.

What If I Am Off Sick Due To A Pregnancy Related Illness?

Any sickness benefit or SSP is paid up to the 4th week before the expected date of confinement. If you continue to be off sick after this period you will start Maternity Leave and will be paid SMP. Odd days of pregnancy related illness within the last 4 weeks before EDC may be disregarded and treated as sick leave if you wish to continue working.

What Happens If My Baby Is Born Early?

If your baby is born prematurely or before the notified expected week of confinement all entitlements for maternity leave and pay are the same as if your baby were born full term. If your baby is born before the 11^th week of EDC and you have worked during that week, your maternity leave will start on your 1^st day of absence. If you have been off on certified sick, your maternity leave will commence the day after the birth.

My Baby Is In Hospital. Do I Need To Take Maternity Leave?

Yes it is a legal requirement that you take a minimum of 2 weeks immediately after the birth however the occupational scheme rules allow you to return to work and take the rest of your leave when your baby comes home by mutual agreement between you and your manager. However, if you choose to do this you will forfeit SMP at the lower rate for each week worked.

What Happens If My Baby Is Born Late?

If your baby is born late this does not affect the payment of SMP.

I Have A Fixed Term Contract, What Am I Entitled To?

If your contract is due to end after the 11^th week before the EDC and you have 12 months continuous service your contract will be extended to allow you to receive 52 weeks leave including occupational and statutory maternity pay and 13 weeks of unpaid maternity leave. If you do not have 12 months continuous service you may still be entitled to Statutory Maternity Pay if you have 26 weeks continuous employment at the qualifying week. If your contract is due to end prior to the 11^th week before the EDC you will not receive any occupational maternity pay from NHSGGC however you may still be entitled to SMP or maternity allowance. The Payroll Department will be able to confirm your entitlements.

Will I Be Able To Return To My Fixed Term Post?

There will be no right to return if your contract would have ended had your pregnancy and childbirth not occurred. Your contract will be terminated under the provisions of ending a fixed term contract at the end of your Maternity Leave.

Will I Be Required To Pay Back Any Occupational Maternity Pay I Received?

No, the repayment provisions will not apply if your contract would have ended had your pregnancy and childbirth not occurred.

I Have A Rotational Training Contract, will I be able to complete this?

If you are on a planned rotation of appointments with one or more NHS employer as part of an agreed programme of training, you will have the right to return to the same post or to the next planned post irrespective of whether your contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances, your contract will be extended to enable you to complete the agreed programme of training. Special rules apply if your rotation to another employer takes place between the 14^th and 11^th week before your baby is due which may see your entitlement to OMP being paid by your new employer and SMP being paid by your current employer. 

Will My Manager Keep In Touch With Me During My Maternity Leave?

Yes, Your line manager should keep in contact with you throughout the period of your confinement and maternity leave, providing information and support where required and a link to the workplace.

What Is The Purpose Of Keeping In Touch (KIT) Days?

KIT days facilitate the process of an employee and their manager keeping in touch during the maternity leave period and support the smooth return to work for the employee returning from maternity leave. Examples of when they may be used include Training/Development sessions, team meetings, service or policy updates or working a normal shift.   

Do I Need To Use All 10 Available KIT Days During My Maternity Leave?

No. KIT days are optional.  You may choose to work any number in agreement with your manager or indeed decide that you do not wish to work any KIT days during Maternity Leave. The payment rules for KIT days worked, up to a total of 10 days.

Can I Work More Than The 10 Available KIT Days During My Maternity Leave?

No. If you work an 11^th day,  your maternity leave will come to an end.

Are There Any Periods During My Maternity Leave When I Am Not Able To utilise KIT Days?

You may not work by law during the two weeks immediately following the birth of your child. 

I Understand That If I Only Use A KIT Day To Go Into Work For 2 Hours Training, This Will Count As Me Using 1 KIT Day. Does This Mean I Am Paid For 1 Days Work Or Only 2 Hours Work?

Any work done on any KIT day under your contract of employment will count as a whole (one) KIT day. Therefore, if you attend work for a 2 hour training session this will count as 1 KIT day. 

How Should Any Hours Worked As A KIT Day Be Input And Recorded On SSTS To Ensure The Correct Payment?

Hours worked on a KIT day should be recorded as a roster note in SSTS and the detail will be passed automatically to Payroll where a manual calculation of the KIT payment will be performed. The roster note should describe the date and hours worked together with an indication of how many KIT days have been worked (including this latest KIT day) in the current maternity leave absence.

Will Any KIT Days Worked Extend The Maternity Leave Period?

No.

Do The KIT Days Have To Be Worked Consecutively?

No. This is not essential and the planned KIT days can be worked consecutively or not, as agreed between the employee and their manager.

Will I Be Paid Any Worked KIT Days In Addition To Statutory Maternity Pay (SMP)?

No. Employees who agree to work KIT days will not be paid for work done in addition to SMP. The statutory rules provide for payment at a rate no less than the weekly value of SMP for work done on a KIT day, so if you work 10 hours on a KIT day with a contractual payment of £190.00 you will not receive the £190.00 in addition to the weekly rate of SMP (£172.48 from 6 April 2023) however since that exceeds the SMP rate you will be paid £190.00 instead of SMP.  If you work 8 hours on a KIT day and the contractual payment is £80.00, you will receive £172.48 SMP which is higher than the contractual payment. Payment is made of the higher value only.

If I Work A KIT Day When Should I Expect To Receive Payment?

Payment will be made in the first pay bill run after input of the SSTS roster note.

What Happens If I Work More Than 1 KIT Day In A Week Or If I Work A Week Solely Made Up Of KIT Days?

he KIT days payment will be based on the total number of hours worked in that calendar week. The contractual payment for KIT days worked will be compared to the SMP value and the higher payment will be paid.

If I Am Entitled To Maternity Allowance Only And Not Eligible For SMP, How Will My Payment Be Calculated?

Payment for KIT days worked will be made for any amount greater than the weekly value of Maternity Allowance. If the KIT day calculation is less than the value of MA then no payment will be made.

Am I Allowed To Utilise KIT Days When On Unpaid Maternity Leave (Normally Weeks 40 To 52) If So How Will The Payment Be Calculated?

KIT days will be paid at the normal hourly rate as if the employee were at work.

What Impact Will Working A KIT Day Have On My Occupational Maternity Pay?

If the KIT day is worked between weeks 1 to 26 of maternity leave, the calculation will be based on the greater of :

1. payment for hours worked, or
2. payment for 1 day OMP (i.e. at full or half pay), or
3. Full week value of SMP

If the KIT day is worked between weeks 27 to 39 of maternity leave, the calculation will be based on the greater of :

1. payment for hours worked, or
2. Full week value of SMP

If the KIT day is worked between weeks 40 to 52 of maternity leave, the calculation will be based on

1. Payment for hours worked

I’m Still Breast Feeding, Will This Affect Me Working Keeping In Touch Days?

Your employer is required to complete a risk assessment of your working conditions and provide you with the required facilities including an area to rest and express milk and a dedicated storage space for storing expressed milk.

What Is The Earliest Date I Can Return After The Birth Of My Baby?

The legal minimum period of maternity leave is 2 weeks after your baby is born.

What Is The Latest Date That I Can Return?

52 weeks after the start of the maternity leave however, this may be extended by local agreement in exceptional circumstances.

Do I Have To Give Notice To Return?

Only if you wish to return earlier than your original return date, in which case you must give 28 days notice of your return. 

What If My Circumstances Change And I Am Unable To Return To Work?

You will be asked to repay the full amount of Occupational Maternity Pay received less 6 weeks at 90% of OMP. Arrangements can be made with the Payroll Department to repay the sum owed in reasonable instalments to avoid unnecessary hardship.

Will I Be Given Support To Continue Breastfeeding On My Return To Work?

Yes, We aim to support and encourage mothers who wish to breastfeed after they return to work. If you wish to continue breastfeeding your child when you return to work you should arrange to meet your line manager to discuss the provisions required. This meeting will need to take place at least four weeks before you plan to return to discuss working arrangements, which will allow you to continue to breastfeed.

 As a result we may need to change your working pattern temporarily in order to support you and this should be discussed with your line manager prior to your return. Where practicable, time off during working hours will be provided to allow you to breastfeed if your baby is cared for nearby, or to express milk.

 Please refer to Board Breastfeeding Policy for more information.

What is a reduced working year?

A reduced working year can take a number of forms. One of the most common examples is term time working. This is a formal agreement whereby the duties and responsibilities of a post are carried out (either full-time or part-time) during school terms. The salary of the post is reduced proportionately to the hours worked by the employee. However, these principles would apply regardless of whether a reduced working year contract is explicitly linked to school terms or not.

What are benefits of a reduced working year?

A reduced working year provides the opportunity for employees to work during certain periods of the year while maintaining their career prospects and personal development. It allows employees to remain on a permanent contract and gives them unpaid leave during school holidays.

Am I entitled to submit an application?

Yes, an application to request a reduced working year contract is open to all employees as well as prospective employees, no matter what level in the organisation. Where posts are not considered to be suitable for a reduced working year contract, a full explanation will be given by the line manager.

How do I submit an application?

You should complete a Flexible Working Application form and submit it directly to your line manager. 

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need guidance on this policy area.

What is a fixed term contract?

A fixed-term contract of employment is defined as a contract of employment which: has a definite start and end date, or terminates automatically when a particular task is completed, or terminates after a specific event or project is concluded. NHS Greater Glasgow and Clyde is committed to using permanent contracts of employment as the norm, with fixed-term contracts only being used where necessary and appropriate. Furthermore, NHS Greater Glasgow and Clyde is committed to treating those employed on fixed-term contracts no less favourably than its permanent employees (unless this can be objectively justified).

Who does the Fixed Term Contract Policy apply to?

The policy applies to all individuals who work under a fixed term contract of employment (i.e. for a specific time that is fixed in advance; or terminates on the completion of a particular task; or terminates on upon the occurrence or non-occurrence of any other specified event).

When should Fixed Term Contracts be used?

In certain exceptional circumstances, fixed-term contracts may be a valuable tool to enable managers to cover short-term gaps in essential services, enabling consistent standards of service to be maintained. Fixed Term Contracts should only be used for a time limited, short term option of less than 2 years (unless objectively justified). Examples of where Fixed Term Contracts may be used are:

• Protecting posts for staff due to organisational change
• Covering leave (e.g. sickness, maternity leave)
• Project or research posts
• Posts which are not funded on a recurring basis
• Backfill for short-term secondment

Useful information when advertising for a Fixed Term Contract

The duration of the contract must be clearly defined and the reason for the fixed-term nature of the post.The fixed-term nature of the post should be clearly evident in the advertisement, job information pack, letter offering employment and subsequent contract of employment. It should also be discussed at interview.

Where existing permanent employees apply for a fixed-term contract, and where NHS GG&C does permit such an appointment, it must be made clear (in writing) to the employee that in doing so their existing permanent contract has come to an end, and their new contract is fixed-term.

Where there is a need to make the post permanent

Where there is a requirement to make the post permanent the post should be advertised in the normal way. Where successive fixed-term contacts apply staff may be automatically appointed to the post in line with the criteria in Section 6.2 of the policy.

Process to be followed for non-renewals of Fixed Term Contracts

Where it is known that an employee’s fixed term contract will not be renewed upon expiry, the relevant manager with the authority to dismiss must meet with the employee, ideally three months prior to the expiry date of the contract to discuss the following:

• Confirm that the fixed term contract will not be renewed and to confirm the grounds for non renewal
• To serve the employee with notice in line with their contract of employment and that their contract will be terminated on its expiry date
• To advise the employee that they will be placed on the redeployment register, and to discuss the redeployment process. The employee should be advised that they will remain on the register until date of the fixed-term contract
• To confirm where appropriate, any redundancy payment which will apply should suitable alternative employment not be obtained.
• To discuss any other matters in preparation for the termination date.
• For those with service under 2 years, or where it is known that the contract will not be renewed within 3 months of the date achieving 2 years service, if the employee had not secured an alternative post prior to the end of their notice period, their employment will be terminated at the end of their contract period.
• Employees in excess of 2 years service (with successive Fixed Term Contracts) will be appointed onto a permanent contract where the following criteria is met in full:
• The employee has held fixed term contracts consecutively which were used to protect posts for permanent staff due to planned organisational change, service reconfiguration or redeployment, and
• The member of staff has been employed for more than 2 years, and
• Recurring funds for the post beyond the two-year period exist, which can be used to retain the member of staff, or a positive risk assessment has been carried out to establish the impact on the organisation should it be non-recurring funding.
• (In situations where an employee achieves two years’ service, and it is known that the contract will not be renewed within three months of the date of achieving two years’ service, the individual’s contract of employment will remain fixed term).

The material contained in this section is management guidance, rather than guidance that has been agreed in partnership.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

To support the application of the use of Fixed Term Contacts a number of templates are available. Please contact the HR Support and Advice Unit who will guide you accordingly.

We would like to welcome all students who have started or are about to start employment with NHSGGC. You will find a number of FAQ’s below that will hopefully be helpful to you in the initial stages of joining NHS GGC as an employee. For more general information about your terms and conditions, including the NHS Scotland Workforce Polices, you will find this on HR Connect.

Please take the time to review the following documents and our frequently asked questions.

Preparing to start as a clinical Health Care Support Worker Document

• Phased Retiral Policy.

Employees are entitled to Phased Retiral if they are applying for their State Pension or Occupational Pension (SPPA) and terminating their employment with the Organisation

A gradual reduction in hours may be introduced three months before retiring, for example:

Third month before retiral: work 4 days per week

Second month: work 3 days p/w

Last month: work 2 days p/w

* Pro-rata for part time staff

Employees will have the opportunity to attend a pre-retirement course to prepare them for their retirement.

For employees with 20 years or more continuous service with NHS GG&C, line managers can apply for a Retiral Gift Voucher.

Please contact the HR Support and Advice Unit if you have any questions in relation to this policy.

Employees are entitled to Phased Retiral is they are applying for their State Pension or Occupational Pension (SPPA) and terminating their employment with the Organisation.

How does Phased Retiral work?

For a full time employee working 5 days per week for example, a gradual reduction in hours would be as follows:

• Third month before retiral: 4 days per week
• Two months before retiral: 3 days per week
• One month before retiral: 2 days per week

For part time staff, this is calculated on a pro rata basis. 

Will I receive my normal pay during a phased retiral?

Yes. Employees will receive their normal pay during a phased retiral – this being their standard hours. This does not include unearned overtime or on-call payments out with standard hours.

How do I arrange a phased retiral?

Employees should inform their line manager of their intentions to retire and whether they wish a phased retiral at the earliest opportunity in order to benefit from this. They should then agree a phased retiral plan with their line manager. A retiral plan can be drawn up and should take into account any annual leave remaining to be used on leading up to retirement. 

For employees who are members of the SPPA pension scheme:

• Pension applications and notification of termination should be completed 4-6 months before the date of retiral in order to ensure that pensions are paid timeously. Pension application forms can be downloaded here.
• Termination forms should be completed by line managers.
• Completed applications and termination forms should be and returned to Payroll:

NHSGG&C Payroll Department
Caledonia House
140 Fifty Pitches Road
Cardonald Park
Glasgow
G51 4ED

If you require advice on completing your pension application form, please contact the SPPA directly on 01896 893 000

Retiral Gift Voucher

Employees with more than 20 years continuous service with NHS Greater Glasgow and Clyde will be entitled to a Retiral Gift Voucher as detailed below:

• With more than 20 years continuous service with NHSGGC but less than 30 years: £100
• With 30 or more years continuous service with NHSGGC but less than 40 years: £150
• With 40 or more years continuous service with NHSGGC: £250

Line Managers must take responsibility to make arrangements for employees’ long service to be recognised by completing the Retiral Gift Voucher form.

Pre-Retirement Courses

Employees have the opportunity to attend a pre-retirement course where they will have access to a wide range of information to help them prepare for their retirement.

Course information and booking forms are available from Learning and Education.

Health check from Occupational Health

To encourage a long and healthy retiral, employees will have access to a health check and advice from the Occupational Health Service. To arrange a health check contact OH on 0141 201 0600.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

Application Process

Line managers should complete all sections of the Retiral Gift Voucher Application Form found below, including providing (or obtaining) a relevant management signature.

Retiral Gift Voucher Application Form – PDF
Retiral Gift Voucher Application Form – EXCEL

Endowments cannot process any application sent directly to them before it has been countersigned by HR. In order for HR do the requisite checks and countersign the form, line managers can send it to the HR Support and Advice Unit by submitting a HR enquiry via HR Portal (the original form can then be placed in the employee’s personal file).

Completed forms will then be checked, counter-signed and automatically sent by HR straight to Endowments on the line manager’s behalf.

Endowments Section process vouchers and contact the line manager to arrange collection from Endowments Section, Finance Department, Caledonia House 140 Fifty Pitches Road, Cardonald Glasgow G51 4ED for presentation to the employee.

Should the employee choose not to have a presentation, the line manager must arrange for the vouchers to be delivered to the employee before the retirement date accompanied by a suitable letter.

For more information please see Board Retiral Gift Guidance. 

Scottish Public Pensions Agency – Changes to our retirement application forms February 2022

Based on feedback from you, we have made some changes to our retirement forms, modifying the NHS RET form into two separate forms, one for Practitioner members called the PRAC:RET and one for all other NHS workers called the NHS:RET.

This process will make things simpler for you, allowing a smoother process from application to calculation.

PRAC:RET Form

The new Practitioner retirement form should be used by any member that has held Practitioner service at any time during their career.

The PRAC:RET form has undergone cosmetic changes and the priority of the Practitioner elements have been re-ordered. Further explanations have been added regarding Practitioner terminology, to make filling in the form easier.

There are no changes to the retirement process for our Practitioner members or employers, this form simply replaces the old one.

NHS:RET Form

Members who have only had their service reported as Officer service will continue to use the standard retirement form, NHS:RET

The NHS:RET form has undergone cosmetic changes including the removal of the Practitioner sections.

What you need to do

Please start using the new forms. We realise there may be members who are actively filling in the older form or have an older version saved to complete at a later date. Please continue to complete this form, we expect to see a gradual transition to the use of the new forms.

You can access the new forms here.

If you or any of your colleagues have any questions regarding this change, please contact us at sppacontactus@gov.scot and we will try our best to help.

SPPA Guidance for Active Members:

http://www.sppa.gov.uk/index.php?option=com_content&view=article&id=36&Itemid=19

Partial Retirement is a flexible option that enables NHS Pension Scheme members to continue working while receiving some or all of their pension benefits. Members can apply for partial retirement twice and after that they will need to fully retire to access their remaining pension.

If you are applying for Partial Retirement, you must submit a Flexible Working Application Form to your line manager. Once approved by your line manager, the completed form should be sent to HR by submitting a ticket via HR Portal.

Further information can be found on SPPA Website. SPPA can be contacted directly at sppacontactus@gov.scot.

NHS Greater Glasgow and Clyde values diversity and recognises the significant experience and knowledge that our staff with long service contribute to NHS Greater Glasgow and Clyde. The Board works within a changing demography and as the population grows older, NHS Greater Glasgow and Clyde’s employment practices need to adapt to reflect the increasing age of our workforce and provide staff with flexibility in managing their financial future by creating options to work post retirement.

NHS Greater Glasgow and Clyde has Voluntary Retirement and Re-employment Guidance in place (Retire and Return) and this is being accessed across the Board by staff members and managers. Work has been ongoing to review this nationally and a new NHS Scotland Interim Arrangement on Retire and Return has been issued for implementation across all NHS Scotland Boards.

Please note this is an interim position, active from 30^th August 2022, pending consultation on a full Once for Scotland NHS Scotland Retirement Policy.

Addendum for Medical and Dental Staff : Consultant and Associate Specialist Grades

Any Medical and Dental Consultant returning to work following retirement can only be re-employed on a Locum Consultant basis (part-time) and will be paid on their former seniority point excluding any distinction awards/discretionary points. Their appointment will be in line with the National Terms and Conditions of Service for a locum appointment and the balance of their job plan should be towards direct clinical care sessions.

An Associate Specialist returning to work following retirement should be aware that this is now a closed grade and as such they can be re-employed on a Locum Consultant basis (part-time), subject to the Terms and Conditions for a locum appointment.

Purpose

The purpose of this Interim Arrangement is to:

• Make it easier to for employees to take their pension and return to work in the NHS. 
• Retain skills and experience in the NHS.  Allow employees to continue to contribute to the NHS, ensuring it continues to provide high quality care to the people of Scotland

The new arrangement means that the usual recruitment process is not required for an employee to return on a part-time basis to:

• the same job
  • a different role within the same job family at the same or a lower grade.

Process for Applying

• Employees should complete the Retire and Return application form for consideration. 
• This should be submitted at the same time as they apply for their pension. 
• The employee has the right of appeal within 14 calendar days against a decision to refuse a request for retire and return.

Other Options

In addition to the Retire and Return process, employees can also: 

• Retire and apply through normal recruitment process for a different role.
  • Retire and apply to join the staff bank.
  • Discuss flexible working options with their manager as an alternative to retirement. 

Key Points to Note

• Retire and return arrangements can now be substantive.
• The individual will be re-employed on the most recent pay point on their basic salary scale if returning to their current, or an equivalent, post. This rate of pay will not include any protection of earnings applicable to their previous role or any allowances, unless they relate to the new part time role.
• If placed in a lower banded post then consideration will be given to salary placement in the band as a result of experience.
• Contractual NHS benefits (sickness and annual leave entitlements) will be applied as per Section 12 of Agenda for Change Terms and Conditions. Unless the employee has previously been made redundant and then the provisions of Section 16 apply.
• A break of more than 1 full week will impact on an individual’s Continuity of Employment (for the purpose of statutory entitlements).
• Introduction of appeal process.
• Re-employment to another job family or promoted posts must be advertised and recruited as per normal recruitment processes.
• Medical and Dental Consultants will only be re-employed on a Locum Contract and this will be considered on a case by case basis, dependent on service demands.
• The Coronavirus Act 2020 contained temporary measures that suspended the 16-hour rule which prevented staff who return to work from working more than 16-hours per week in the first month following retirement. This is due to end on 31 October 2022 and individuals should seek personal pension advice before applying.

DL (2022) 30 provides further information regarding NHS Scotland’s Interim Arrangements for Retire & Return.

In the first instance please discuss the options with your line manager and you may also wish to contact SPPA on 01896 893000 (if a member) to establish and understand impact on pension benefits and obtain an Application Form.

If you wish to apply for Retire and Return please complete the Retire and Return Application Form.

If you would like like to discuss any part of the guidance in more detail, please contact the HR Support and Advice Enquiry Team on 0141 278 2700 option 2. 

NHS Pension Scheme 2023/11

Everyone has a role to play to ensure we have workplaces where we treat each other with dignity and respect. You should use the launch of this new policy to speak with your colleagues and line manager about the way you work together; to discuss whether people are clear about what is acceptable or not acceptable, including the way you speak to each other, and how you deal with issues. If you have encountered disrespectful behaviour from a colleague, use the new policy to have the confidence to speak up and give feedback.

You can build this into your PDP discussion with your Line Manager and get support for this. There are resources available on Staffnet, FTFT online under ‘Our culture’, in particular Hints and Tips for Giving Feedback. You could discuss with a Learning & Education Advisor or an Organisational Development Advisor to see what development options may be available to you. You can also contact the free and confidential Employee Counselling Service if you need advice about tackling a difficult issue that you are experiencing.

Disrespectful behaviour is defined as “Rude or discourteous behaviour that causes the receiver to feel belittled or insulted or to have their reputation damaged. If left unchecked it creates an uncomfortable or even hostile work environment and could develop into bullying and harassment. Examples include use of demeaning or offensive language, shouting, openly disregarding other’s views, frequent interrupting, being deceptive or manipulative, gossiping behind another’s back (including online), being disruptive or not making a full contribution in the workplace to the detriment of colleagues”.

Disrespectful behaviour refers to rude or discourteous behaviour that occurs more randomly where the target is not specifically sought out to be the focus of repeated behaviour. Disrespectful behaviour can even be unintentional, hence the reason that it’s better handled one to one between yourselves or locally by your Line Manager.

Bullying is deliberate and repeated targeting of an individual over a period of time.

Harassment is defined legally as unwanted conduct related to a protected characteristic, for example a persons sex, race or sexual orientation, and may either be persistent or an isolated incident.

Allegations of bullying or harassment should be taken directly to your Line Manager (if the issue involves your Line Manager then their Manager should be approached). Such allegations are viewed extremely seriously and will be thoroughly investigated, potentially leading to disciplinary action against the individual(s) involved.

If you have taken the step to discuss the issue one to one with the colleague and the situation remains unsatisfactory or becomes worse, then you must discuss the issue with your Line Manager (or the next-in-line manager if the issue involves your immediate Line Manager). The Bullying and Harassment policy formalises a manager’s obligation to listen, discuss and explore the nature of such an issue with you and the need to take steps to resolve it.

If you experience any negative repercussions for raising the issue, this may be deemed to be victimisation. This is defined as detriment suffered by a member of staff as a result of issues or allegations they have raised in good faith, or because they have participated in an associated process, for example as a witness. This is viewed extremely seriously, leading to disciplinary action against the individual if there is evidence of this.

Mediation is where an impartial third party, the mediator, helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. The mediator is not there to judge, to say one person is right and the other wrong, or to tell those involved in the mediation what they should do. The mediator is in charge of the process of seeking to resolve the problem but not in charge of the outcome. In this regard Mediation can be an extremely helpful process, but it is not the first resort. You should always try to first resolve difficulties with a colleague on a one to one basis or by allowing your manager to attempt resolution. If this fails then your Line Manager can arrange for mediation via your local HR Advisor.

• Discussions should take place between employee and current manager before an application for secondment is made.
• Secondments vary in length but usually last between 3 months and 2 years.
• A secondment agreement, signed by the relevant parties, should be in place prior to the secondment commencing.
• Employees and their substantive manager are mutually responsible for ensuring they keep in touch during the secondment.

Clear arrangements for return at the end of secondment should be set out and detailed in the secondment agreement.

• Board Secondments Policy.
  
  If you have any questions in relation to this policy please contact the HR Support and Advice Unit.

What is a Secondment?

A secondment is a “temporary loan of an employee to another organisation, or to a different part/post of the same organisation, for a specific purpose and for a specific time, to the mutual benefit of employees and NHS Scotland generally.”

Who is entitled to request a Secondment?

All employees within NHSGGC will have equal access to the Secondment Policy in compliance with relevant legislation and no application for secondment will be unreasonably refused.

Are there different types of Secondment?

There are a number of different types of secondment which are as follows:

• Internal secondment within NHSGGC
• Internal secondment within NHSScotland
• External secondment (e.g. to Scottish Government, local authority, trade unions, professional organisations and the voluntary sector).

How do I apply for a Secondment?

Secondment opportunities may arise through a variety of circumstances, but should ordinarily be advertised in line with the normal recruitment process. Employees must ensure that authorisation has been provided by their Accountable Manager prior to accepting a secondment opportunity.

How long can I request a Secondment for?

Secondments vary in length, usually between three months and two years, depending upon the circumstances.

What is a Secondment Agreement?

If the request for secondment has been agreed the approving manager will ensure that, prior to commencement of a secondment, the appropriate secondment agreement has been completed which will take into account the main following points:

• Clear reasons for the secondment.
• Clear agreement on the start and finish dates.
• If employee’s substantive role may be unavailable for their return, then this must be understood and agreed prior to the commencement of the secondment, or at the time of any subsequent proposed extension or at the time of organisational change.
• That the employee fully understands any terms and conditions implications.
• Training needs during and following a period of secondment.
• Arrangements for appraisal/PDP&R completion during the secondment.
• Relevant statutory requirements for maintenance of professional registration.
• Arrangements to keep in touch with the Secondee on a regular basis and to consult them on any proposed changes to their substantive post during the term of the secondment.
• Clear arrangements for return of the Secondee to their substantive post or a suitable alternative.

Please refer to the full Secondment Policy for details on terms and conditions, and roles and responsibilities of a secondment.

Keeping records up to date

We need to know when you’re at work and when you have any type of time off. This is important to make sure we pay you correctly too.

All managers should ensure that SSTS is updated correctly and payroll is informed, where SSTS is not available.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

If the request for secondment has been agreed, the approving manager will ensure that, prior to commencement of a secondment, the appropriate secondment agreement has been completed which will take into account the main following points:

• Clear reasons for the secondment.
• Clear agreement on the start and finish dates.
• If employee’s substantive role may be unavailable for their return, then this must be understood and agreed prior to the commencement of the secondment, or at the time of any subsequent proposed extension or at the time of organisational change.
• That the employee fully understands any terms and conditions implications.
• Training needs during and following a period of secondment.
• Arrangements for appraisal/PDP&R completion during the secondment.
• Relevant statutory requirements for maintenance of professional registration.
• Arrangements to keep in touch with the Secondee on a regular basis and to consult them on any proposed changes to their substantive post during the term of the secondment.
• Clear arrangements for return of the Secondee to their substantive post or a suitable alternative.

External secondment agreements can be more complex and therefore if required, managers should seek advice from their local HR Manager.

Secondment Template Letters

• Internal Secondment Agreement
• Secondment Agreement – To Another Organisation
• Secondment Extension