So, what is the change?
As of 1 April 2016, Monitor and TDA intend for agency worker’s pay to equal that of permanent employees. This will be achieved via a three staged process, which will see the first caps on pay being introduced on 23 November 2015.
The table below demonstrates the proposed three stages and the price caps that will be applied. These price caps are a percentage above the national pay rate for an agency worker.
| Staging Date | Junior Doctors | Other Clinical Employees | Non-Clinical Employees |
|---|---|---|---|
| Foundation year 1 and 2 doctors, registrars | Consultants, other doctors, nurses (all bands), AHPs, healthcare, scientists, other clinical employees | Administration and clerical, infrastructure, other non-clinical employees | |
| 23 November 2015 | + 150% | + 100% | + 55% |
| 1 February 2016 | + 100% | + 75% | + 55% |
| 1 April 2016 | + 55% | + 55% |
For those that are located in high cost areas, Monitor and TDA have set up a contingency and these workers should check if they are eligible for the Agenda for Change high cost area supplement. These supplements will be added to the percentages outlined in the table above:
- 5% for Fringe
- 15% for Outer London
- 20% for Inner London
It is probably easier to say who the caps will not apply to as all agency staff (clinical, non-clinical and even bank staff) will be affected. Those immune are:
- Permanent employees
- Staff employed by ambulance trusts
The new rules can only ever be overridden in cases where patient safety is at risk and only as a last resort. It will not be easy to override these caps and NHS trusts can expect to be interrogated if they do. When these caps are initiated NHS trusts and foundation trusts will be required to produce reporting returns, explaining any overrides (even at shift level). Monitor and TDA will then scrutinise these reports and will decide whether the caps have been inappropriately overridden. In these instances if trusts are found guilty they will face regulatory action.
Conclusion
It is important to remember these changes will be monitored to ensure they do not have any detrimental impact on patient safety. However, Monitor hope that with these caps not only will the NHS pay more affordable hourly rates for agency workers, but they will also have the tools to limit and reduce their agency expenditure too. These caps are a major concern for agencies and it is recommended they begin reviewing the potential impact these changes are going to have on their business sooner rather than later. The obvious outcome is that agencies may face reduced fees for the hiring of workers and that many agency workers will choose to become employed permanently as the financial benefits of temporary work will be substantially reduced. Monitor and TDA’s consultation on the above changes will be taking place until 5pm on 13 November 2015. All interested parties and stakeholders are invited to respond. To read the full document or to give your input, click here.
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