1. Why is the NHS TCS Handbook being updated?
Section 27 of the NHS TCS Handbook will be updated to align with existing legislation, as detailed in the working time regulations (WTR), in which regular, obligatory or guaranteed overtime should be included in the calculation of normal hours for night workers, to ensure that working time limits are not exceeded.
2. What is a night worker?
The working time regulations define a night worker as a worker:
- who, ‘as a normal course’, works at least three hours of their daily working time during night time; or
- who is likely, during night time, to work at least such proportion of their annual working time as may be specified for the purposes of the WTR in a collective agreement or a workforce agreement.
This means that night working needs to be a regular feature of an individual’s employment.
3. Will the changes to section 27 of the NHS TCS Handbook change how we calculate night workers average hours?
Employers will need to ensure regularly worked overtime is included when calculating a night workers average hours of work, which should not exceed an average of eight hours per 24 hour period over a rolling 17-week reference period, as per the existing working time regulations for night workers.
The calculations should be based on regulation 6 (5) of the working time regulations for night workers and based on a six day working week, or 12 days over a 2 week period, regardless of how many actual days form the night workers’ working week
4. Is all overtime included in the calculation of night workers average hours?
Government guidance states regular overtime should be included in the calculation of average hours for night workers, but not occasional overtime, unless otherwise agreed in partnership locally.
5. Will the changes impact unsocial hours payments?
The number of hours individuals can work at night may be impacted due to the need to include regular overtime when calculating a night workers average hours of night work. However, no changes have been made to the unsocial hours’ rates set out in Section 2 of the NHS TCS Handbook.
6. Will this require any changes to rota management?
Employers should continue to factor in WTR, including those for night workers and hours worked as overtime, when undertaking rostering.
7. Are bank and agency hours included in the working time calculations?
Where an individual undertakes shifts via bank or agency, these hours also need to be included when calculating a night workers average hours of work.
Where an employer manages their own internal bank, these hours should be included in the working time calculations.
Where employers use external bank and agency arrangements, both employers and individual workers are collectively responsible for ensuring local compliance with WTR.
Where individuals work bank or agency shifts alongside a substantive contract, employers and individual workers are collectively responsible for ensuring local compliance with WTR.
8. How should employers identify those who deal with special hazards or heavy physical or mental strain?
As outlined in section 27.22 and 27.23 of the NHS TCS Handbook, employers will need to undertake a risk assessment in line with local policies to identify special hazards and work involving mental or physical strain. Further information can be found on the GOV.UK website.
Where it is identified that a night worker’s job involves special hazards or heavy physical or mental strain, no averaging of hours is permitted and is based on hours actually worked. Employers must ensure that the night worker does not work more than eight hours in each 24-hour period.
9. Will this require any changes to night worker health assessments?
No. Employers will still need to carry out regular health assessments in relation to night workers, as outlined in Section 27.24 in the NHS TCS handbook. Further information can be found in the health, safety and wellbeing of shift workers in healthcare environments guidance
