FOI 25-417 Protected Payments for Nightshift
Freedom of Information Request
- Reference
- FOI 25-417 Protected Payments for Nightshift
- Request Date
- 24 Sep 2025
- Response Date
- 01 Oct 2025
- Information Requested
When did the latest shift changes to the emergency section of SAS get implemented?
How many SAS staff, that no longer work nightshifts, are still getting paid nightshift allowance as part of contractual agreement when the shifts were changed?
How much has paying this shift allowance to those that do not do nightshifts cost SAS annually since the shift changes happened (please separate to cost per year)?
How much longer is SAS going to pay this additional shift allowance to staff that no longer do Nightshifts?
- Response
- When did the latest shift changes to the emergency section of SAS get implemented?
Frontline A&E rosters were reviewed as part of the A&E Demand and Capacity Programme with a phased implementation over 2022 and 2023.
- How many SAS staff, that no longer work nightshifts, are still getting paid nightshift allowance as part of contractual agreement when the shifts were changed?
We are unable to identify specific shifts worked by staff due to the way the service operates equated payments. Staff on equated rosters are recorded under a general category of "unsocial hours," which includes night, Saturday, and other unsocial hours. However, there is no mechanism within the current systems to distinguish between these types of hours. As a result, we cannot determine how many staff are receiving nightshift allowance without working nightshifts. It is for this reason we have applied section 17 of the Freedom of Information Scotland Act 2002, as information not held.
- How much has paying this shift allowance to those that do not do nightshifts cost SAS annually since the shift changes happened (please separate to cost per year)
For the same reasons outlined above, we are unable to isolate the cost of nightshift allowances paid to staff who no longer work nightshifts. The systems do not provide a breakdown of shift types or allow us to separate costs by year. Therefore, it is not possible to provide an annual cost figure for these payments. We acknowledge the limitations of the current systems and understand the importance of this information. Should system capabilities change or improve in the future, we will revisit the possibility of providing more detailed reporting.
- How much longer is SAS going to pay this additional shift allowance to staff that no longer do Nightshifts?
Pay protection for staff who no longer work nightshifts is governed by national guidance under the Agenda for Change framework, specifically PCS(AFC)2022/01. This guidance outlines that protected payments may continue for staff affected by organisational change, but there are defined circumstances under which these payments may end.
Protected payments will cease if:
- A staff member unreasonably refuses to work up to the level of their protected earnings (e.g. nightshifts or other unsocial hours).
- A staff member refuses suitable redeployment into a role that matches their previous grade.
- A staff member voluntarily opts out of protection after receiving written confirmation of the implications.
- A staff member is promoted or regraded, in which case protection may be replaced by a “mark time” payment that does not attract future uplifts.
The link provided above provides more information on how ‘Protected Payments’ should be handled by an NHS Scotland Employers.
