NHS Scotland Staff Rights

Who this guide is for

People directly employed by an NHS Scotland Board. Most of it is about staff on Agenda for Change (AfC) terms. There is a short outline for doctors.

What this guide does not cover

• NHS staff in England or Wales: see NHS Staff Rights in England and Wales. HSC staff in Northern Ireland: see Health and Social Care (HSC) Staff Rights in Northern Ireland.
• Staff of GP practices, care homes and private providers not employed by an NHS Board. Use Your Rights as an Employee in England, Wales and Scotland.
• Statutory sick pay, statutory holiday and dismissal rights: use Your Rights as an Employee in England, Wales and Scotland.
• Doctors' and dentists' contracts in detail. Ask your employer or union.
• Complaints about NHS care as a patient: see How Do I Complain About NHS Care in Scotland?.
• Professional regulation. Ask your regulator or union.

What the rules depend on

1. Who employs you? An NHS Scotland Board, or a GP practice, contractor or agency.
2. Are you on Agenda for Change, or a medical or dental contract?
3. How long is your NHS service? It decides your annual leave and sick pay.
4. Is it a whistleblowing concern? It goes through the National Whistleblowing Standards, then the INWO.
5. Is it a contract issue or a legal right? Contract terms: Board policies and your union. Legal rights: Acas and the employment tribunal.

"What will I be paid?"

The NHS Scotland deal gives AfC staff 3.75% from 1 April 2026. From that date band 2 starts at £26,696 a year (£14.22 an hour) and band 5 at £34,544 (£18.40 an hour).

"What are my hours, leave and sick pay?"

Standard full-time hours are 36 a week, excluding meal breaks (Scottish handbook section 10.1, updated 1 April 2026).

Annual leave and general public holidays (section 13, Table 6):

• When you start: 27 days + 8 days
• After 5 years' service: 29 days + 8 days
• After 10 years' service: 33 days + 8 days

In Scotland this includes the two extra days that could previously be set as statutory days or annual leave.

Sick pay (section 14.2):

• First year of service: 1 month's full pay and 2 months' half pay
• Second year: 2 months' full pay and 2 months' half pay
• Third year: 4 months' full pay and 4 months' half pay
• Fourth and fifth years: 5 months' full pay and 5 months' half pay
• After 5 years: 6 months' full pay and 6 months' half pay

"What about my pension?"

The NHS Scotland Pension Scheme 2015 replaced the earlier schemes on 1 April 2015. It builds up a pension of 1/54th of your pensionable earnings each year. Active members' benefits are revalued each year by CPI plus 1.5%. Normal pension age is your State Pension age. Ask SPPA about your own pension. For general pension rights, see Workplace Pensions & Auto-Enrolment: Your Rights in 2026.

"How do I raise a whistleblowing concern?"

NHS Scotland uses the National Whistleblowing Standards. They apply to anyone delivering services for the NHS, not only NHS employees. Arrangements for primary care, students and volunteers may be slightly different.

• Stage 1: a short process. You should get a response within 5 working days.
• Stage 2: for serious or complex concerns. Acknowledged within 3 working days and a response within 20 working days, unless more time is needed.
• You should normally raise a concern within 6 months of becoming aware of it.
• After stage 2 you can go to the INWO, a role of the Scottish Public Services Ombudsman. Bring it within 12 months of when you first became aware of the issue.

Whistleblowing law also protects you from being treated worse: see Whistleblowing at Work in England, Wales and Scotland. Healthcare Improvement Scotland is a prescribed body for the safety or quality of health care in Scotland.

"What about doctors?"

Doctors and dentists are not on Agenda for Change. The Scottish Government gave consultants, GPs and SAS doctors 3.5% for 2026-27, backdated to 1 April 2026. Ask your employer or union for your contract terms.

"Can we go on strike?"

Industrial action must follow a properly run union ballot. Since 18 February 2026 (Great Britain), the 40% public sector support threshold has gone, notice is 10 days instead of 14, a mandate lasts 12 months instead of 6, and dismissal for taking part in protected action is automatically unfair if you started taking part on or after 18 February 2026. See Trade Union Rights: What You Can and Can't Do at Work in 2026.

Deadlines you must meet

• Whistleblowing: raise a concern locally within 6 months of becoming aware of it, and go to the INWO within 12 months.
• Most employment tribunal claims: 3 months less 1 day from the act, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026. For breach of contract claims in Scotland, the 6-month limit starts on 9 November 2026.
• Notify Acas within your time limit. Early conciliation pauses the clock.
• Your exact date depends on your facts. See our tribunal deadline guide.

Money figures

• AfC pay rise: 3.75% from 1 April 2026 (after 4.25% for 2025-26).
• Band 2 starts at £26,696 (£14.22 an hour) and band 5 at £34,544 (£18.40 an hour) from 1 April 2026.
• Doctors (consultants, GPs, SAS): 3.5% for 2026-27.

Traps

• The NHS Scotland week is 36 hours. Do not use the 37.5 hours in the England and Wales handbook.
• Scottish pay rates are different from England and Wales. Use the Scottish Government's pay tables.
• The INWO normally only looks at a concern after both local stages are finished.
• Your pension is with SPPA, not NHSBSA.
• Do not use the 6-month tribunal limit for an act that happened before 1 October 2026.