Following a recent Court of Appeal decision, NHS employers have agreed working time directive (WTD) payments should be expanded to include regularly worked overtime, in addition to unsocial hours and on-call. The purpose of the WTD payment was to ensure that staff were compensated for losses of certain enhancements which they were unable to claim when they were on annual leave.
Employees will no longer receive ‘WTD’ element payments from May 2022, this will be replaced by ‘AFC Average’ which will be paid one month in arrears, like the WTD, but only after they have taken annual leave. This is not payable on bank holiday leave.