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CoronavirusBonusesNHSLatest NewsPublic sector

Judicial review on the cards over NHS bonus decision

by Adam McCulloch 26 Oct 2023
by Adam McCulloch 26 Oct 2023 Image posed by model
Mark Thomas / Alamy Stock Photo
Image posed by model
Mark Thomas / Alamy Stock Photo

The omission of some health workers from a government bonus scheme could lead to ministers being subject to a judicial review.

About 20,000 outsourced staff, such as physiotherapists and community nurses will not receive the sum, which was part of a pay deal for more than a million NHS staff in England this year agreed in recognition of their work since the pandemic.

The payments of between £1,655 and £3,789 will not be paid to these workers because they were not directly employed by the NHS. Many work for not-for-profit organisations, such as social enterprises, which together provide a third of community health services for the NHS.

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Social Enterprise UK, an industry body which represents more than 10,000 of those workers, has told the BBC it had started the process of applying for a judicial review, as it believed the arrangement was “completely unfair”.

Chief executive Peter Holbrook said social enterprises were a vital part of the NHS, employing thousands of staff and reinvesting profits in communities. Many of the workers had previously been employed by the NHS before being transferred to independent providers as part of a move to outsource some services.

One physiotherapist working told the BBC she worked for a community provider in homes, clinics and hospitals but that all her work was for the NHS. She was employed under the same terms and conditions as her NHS counterparts. She said the decision for outsourced staff not to receive the bonus was a “slap in the face”, adding: “I feel completely demoralised. Our team worked throughout the pandemic, we worked incredibly hard, we were treating patients in the community trying to keep them out of hospital to help prevent more admissions for those hospitals which were overwhelmed. We worked tirelessly. Apparently, my work doesn’t count.”

The government announced a 5% pay rise for more than a million NHS staff in England earlier this year. It said it was agreed during negotiations that outsourced staff would not get the additional bonus.

A Department of Health spokesperson said: “We hugely value the work of all our healthcare staff” and added that the government was “considering its position” relating to non-NHS staff payments.

Separate pay deals were made for staff working in the NHS in Wales and Scotland.

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Adam McCulloch

Adam McCulloch first worked for Personnel Today magazine in the early 1990s as a sub editor. He rejoined Personnel Today as a writer in 2017, covering all aspects of HR but with a special interest in diversity, social mobility and industrial relations. He has ventured beyond the HR realm to work as a freelance writer and production editor in sectors including travel (The Guardian), aviation (Flight International), agriculture (Farmers' Weekly), music (Jazzwise), theatre (The Stage) and social work (Community Care). He is also the author of KentWalksNearLondon. Adam first became interested in industrial relations after witnessing an exchange between Arthur Scargill and National Coal Board chairman Ian McGregor in 1984, while working as a temp in facilities at the NCB, carrying extra chairs into a conference room!

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