The Society of Radiographers (SoR) has referred the Royal Devon University NHS Foundation Trust to the Pension Regulator, asking for urgent intervention over concerns that Bank staff are being encouraged to opt out of the NHS Pension Scheme. These concerns were first raised by SoR members in February 2024.
Despite the SoR raising the issue with the Trust and advice being given by the NHS Pension Agency, the Trust has not engaged meaningfully with the union. As a result, a formal industrial dispute has been registered, and the issue has been escalated to the Pension Regulator.
During its investigations, the SoR also identified that Bank staff are not receiving adequate compensatory holiday pay in line with updated statutory guidance. This issue has also been raised with the Trust but, like the pension concerns, it remains unresolved and forms part of the wider dispute.
Unequal pay for bank staff
Dean Rogers, director of industrial strategy for the SoR, explained the issue: "It seems that, across the Trust, Bank staff are being paid two different rates – a lower rate for those in the NHS Pension Scheme and a higher rate for those who have opted out or are working Bank shifts on top of their full-time hours. This results in two people doing the same job but being paid differently.
"For part-time staff, additional hours up to 37.5 per week are pensionable, but the Trust’s policy forces them to choose between lower pay or leaving the pension scheme. The higher rate of pay for those not in the pension scheme is justified because the Trust isn't making employer pension contributions. However, this difference is less than the employer contribution would be, meaning the Trust is profiting from staff who opt out – a practice that may be illegal and could breach equality laws."
Awaiting Pension Regulator’s response
The SoR is waiting to see the Pension Regulator’s response before deciding on its next steps and encouraging members affected by these issues to get in touch via [email protected]. The union is also working with other unions whose members may also be affected, as well as with NHS Employers, to press the Trust to address these concerns fairly