The NHS pay deal agreed in England for 2022/23 and 2023/24 covers all Annex 1 employers in the NHS.
The application of the pay deal beyond Annex 1 employers falls into two categories:
Non-Annex 1 employers with dynamic link / automatic application
Some non-Annex 1 employers have contractual agreements where they automatically apply Agenda for Change pay, terms and conditions so that there is parity with Annex 1 directly employed staff. These include community interest companies, social enterprises, private contractors, and NHS banks. Where this is the case, staff employed in these settings should automatically get the deal – both the lump sum and the 2023/24 pay uplift.
The pay deal will be implemented in Annex 1 employers in June, with the consolidated increases backdated to 1 April, so branches should now approach their non-Annex 1 employers to ask when they intend to implement the deal for their staff. If any employers indicate that they do not intend to apply it or are delaying making a decision, branches should challenge this and take legal advice on the contractual position.
The employer may raise concerns around funding the deal, and you may want to speak to the commissioning trusts about this and suggest they refer funding concerns via NHS England – but this does not remove the employer’s contractual obligation for the award to be paid.
Non-Annex 1 employers with NO dynamic link / automatic application
There are other employers who are contracted by NHS organisations to deliver services, but do not automatically apply Agenda for Change. These may include staff who have been TUPE’d across to the employer, and staff employed on non-AfC terms and conditions.
In these cases, branches will need to submit a claim and campaign for a pay increase.
UNISON’s One team Us2 materials will help you to submit a claim for pay parity with AfC staff and to campaign for outsourced services to be brought back in-house. Resources are available online to support your campaign, including branch guidance, a survey template, model pay claim, model letters to employers and to the trust or board.
The materials have been updated to reflect the latest position. Branches can use these resources to engage with members, submit pay claims and put pressure on NHS organisations to fund the deal for contracted out staff so that their pay, terms and conditions mirror the Agenda for Change agreement. The materials can be used with any type of contractor that does not fully and automatically apply Agenda for Change.
At national level, we are working with the Private Contractors Unit to put pressure on private contractor employers and NHS organisations to seek a commitment that they will mirror Agenda for Change pay for all their staff.