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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for the NHS and am about to be made redundant. Under

Resolved Question:

I work for the NHS and am about to be made redundant. Under NHS T&Cs redundancy payment is calculated as 1 month salary for every year on relevant service.

I have been undertaking on call for the last 5 years and in return have received a payment of 5 % of my salary as an allowance. Being oncall is not in my contract.

Should my redundancy payment calculation include my oncall allowance?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me your total length of service with the NHS please
Customer: replied 3 years ago.
as of 31 March 2014 I have 15 years service
Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Customer: replied 3 years ago.
Great. Thanks Ben
Expert:  Ben Jones replied 3 years ago.
ok thanks
Expert:  Ben Jones replied 3 years ago.
By the way does the policy define what salary is to be included or does it deal with on call issues and their inclusion in such calculations?
Customer: replied 3 years ago.
http://www.nhsemployers.org/PayAndContracts/AgendaForChange/NHS-redundancy/Pages/NHSRedundancyFAQs.aspx#15

The attached might help. It is based on 'normal working hours' and therefore includes unsocial hours.
Expert:  Ben Jones replied 3 years ago.
I would say that you have a good argument to raise that you should have this allowance included in your redundancy calculation. You may not have the on call time or the allowance specifically mentioned in your contract but it does not mean it cannot be contractually binding. It can still become an implied contractual term, due to the fact it has been consistently applied for a long period of time and treated as contractually binding by you and the employer.

This is not really overtime work as such but it would be seen as additional duties for which you received remuneration and as this is the same employer and your pay that you received from them would include all time you worked for them, including the on call time, it should all be treated as your normal pay for the redundancy calculation. This is especially true if the on call was something that just became part and parcel of your normal working routine, rather than an option which you could either accept or refuse as it arose.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Ben

That is extremely helpful. Many thanks
Helen
Expert:  Ben Jones replied 3 years ago.
you are most welcome, all the best