Query NHS pay award implementation

I'm writing to you as my employer, to highlight a fundamental inequity and express my anger following the recent pay award for the NHS including nursing staff.

I am employed to provide NHS funded and commissioned care and my contractual pay, terms and conditions are the same as staff directly employed by the NHS in England but am not deemed to be part of the NHS as we are not an Annex 1 employer with reference to the Agenda for Change national terms and conditions handbook. 

As a result, I have been informed that I won’t be receiving the lump sum payments in respect of the year 22/23 and I may not receive the full consolidated percentage uplift in respect of 23/24 as this is not being funded by the government. This is in complete contrast to the position adopted when pay was last directly negotiated in 2018.

This is simply unfair; I equally supported the NHS through the COVID crisis. This undervalues nursing, creates a two-tier workforce and amid the ongoing cost of living crisis, will only worsen further the recruitment and retention crisis in nursing.

I expect to be paid the award in full and trust that as my employer and a contracted provider of NHS services, you will be raising this with the government on my behalf, but if it is not resolved, I will need to take advice regarding whether your failure to pay me properly in accordance with my contract of employment amounts to an ongoing unlawful deduction from wages and/or breach of contract.

Yours sincerely 

I'm writing to you as my agent, to express my anger and highlight a fundamental inequity following the recent pay award for the NHS including nursing staff.

I am not regarded as employed on agenda for change terms by an organisation deemed to be part of the NHS. However, I have and continue to deliver NHS care alongside those who are employed in the NHS and my pay mirrors Agenda for Change.

Notwithstanding that, I have been informed that I won’t be receiving the lump sum payments in respect of the year 22/23 and I may not receive the full consolidated percentage uplift in respect of 23/24 as this is not being funded by the government.

This is grossly unfair; I equally supported the NHS through the COVID crisis. This undervalues nursing, will further create a two-tier workforce, and amid the ongoing cost of living crisis, will only worsen further the recruitment and retention crisis in nursing and the NHS generally. It will drive more of us to agencies, who often pay higher rates but who also charge organisations more in fees thus costing the NHS more to cover the shifts needed.

I trust that you will be considering my circumstances and raising this with the government on my behalf. If it is not resolved, I will need to take advice regarding whether your failure to pay me properly in accordance with my contract of employment amounts to an ongoing unlawful deduction from wages and/or breach of contract. Also, as an agency/bank worker, I am entitled to the same basic working and employment conditions as a permanent member of staff and your failure to provide that could also amount to less favourable treatment.

Yours sincerely