RLDatix's (Allocate) eRota software calculation changes

To ensure accuracy and consistency in the application of the contractual arrangements NHS Employers and the BMA have jointly clarified the allowance for leave calculation for full-time (FT) and less than full-time (LTFT) doctors. These changes will ensure doctors are being paid correctly in line with the 2016 Terms and Conditions of Service for NHS Doctors and Dentists in Training (England) 2016 (TCS). The calculation is now live on RLDatix's (Allocate) eRota software Version 6.22. Employers are advised to use this new formula for both new and exisiting trainees. 

Trusts managing their adjustment calculations or using self-designed forms of software will need to ensure they are using the correct calculation as detailed below. 

This is a change limited to RLDatix (Allocate) eRota software. We are not aware of issues with other rota software providers.

Any trust undertaking manual calculations or utilising self-designed systems will require checking to ensure they are also applying the correct calculations as detailed below. 

To ensure consistency with the contractual terms, LTFT trainee’s standard normal working day should be used in the average leave-adjusted hours calculation. 

The changes made apply to the allowance for leave calculation for FT and LTFT rotas. The new calculation applies when calculating average weekly hours across the rota cycle and average night hours, as detailed in the table below.  

LTFT trainee rotas will be affected by this change. It has been established that there will be a mixture of under and overpayments made to these trainees who are/have been rostered using the RLDatix (Allocate) eRota software.

An employer will be liable to pay historical underpayments (for up to six years) in respect of breach of contract claims, but this liability can be less depending on the forum the employee/former employee chooses to bring the claim. 

For overpayments, there is no legal requirement in employment law for an employer to recover an overpayment. Whether an employer chooses to do so will depend on its own internal policies, with due regard given to HM Treasury’s Managing public money guidance (see Annex 4.11 Overpayments).  Where overpayments have been identified any consideration to recoup should factor in how much is owed by employees, the impact on employee/industrial relations and the time and cost of recovering. 

For current employees, overpayments can be recovered by a deduction from their wages. For those who have left, it becomes more challenging, including if a claim must be brought against the individual. There are defences available to such claims including change of circumstances/position, for example where the overpaid money has already been spent so it is no longer available to the individual to repay. If employers are seeking to recover through this method, then they should seek their own legal advice to inform their decision making. 

This decision should be made locally and tailored to the specific needs of each organisation. It will be up to the employers whether they opt to proactively reach out to all LTFT trainees, both past and present, to rectify any pay discrepancies. The anticipated approach will depend on the organisation's approach for addressing over and underpayments as detailed in their own local policies. 

We recommend employers coordinate their response through their Joint Local Negotiating Committee (JLNC) (or equivalent if no JLNC exists) and directly communicating with trainees to outline any adjustments being made, potential impacts on current and past rotas, and clarify the employer's proposed course of action.  

RLDatix (Allocate) has released a toolkit/step by step guide that will be shared with their customers with additional support provided by their advisors and support desk. RLDatix (Allocate) will also be running webinars for users.