Retirement and leaving employment

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