MDS Fact Sheet: NHS bank workers rights 

NHS bank staff are generally employed on zero-hour, as-and-when contracts, meaning they have no guaranteed hours and no obligation to accept work. They are usually considered workers rather than employees, which means they do not build up continuity of service between shifts, limiting access to some employment protections.

Key rights for NHS Bank Workers

Pay and Leave: Bank staff are entitled to holiday pay, pro-rated. The annual entitlement is often 28 days including bank holidays, which is generally accrued at the rate of  12.07% per hour worked. However, exact entitlement can vary slightly between NHS Trusts and contractual terms.

Working Time Regulations: Bank work is subject to a maximum of 48 hours per week on average. There is a legal requirement for an 11-hour rest period between 12-hour shifts. Bank staff have the right to a rest break of 20 minutes if working over 6 hours.

Statutory Sick Pay (SSP): bank staff are entitled to statutory sick pay but not typically NHS occupational sick pay.

Flexibility: Bank staff can choose which shifts to accept.

No Exclusivity: Employers cannot ban bank staff from work elsewhere.

Notice: Bank staff are entitled to reasonable notice of shift, and to compensation if shifts are cancelled, moved, or curtailed at short notice.

Training: Employers can require bank staff to pay for certain training.

Health and Safety: The Health and Safety at Work Act 1974 ensures the worker has a right to a safe working environment.

Itemised Payslip: Bank staff have the right to a written statement of terms and an itemised payslip under the Employment Rights Act.

Right to Non-Discrimination: Bank staff are protected from unfair treatment and dismissal due to discrimination (e.g., race, gender, disability, age, pregnancy) under the Equality Act 2010.

New provisions from The Employment Rights Act 2025

The Employment Rights Act has introduced three key changes to zero hours workers that will affect NHS bank workers:

The right to guaranteed hours: employers workers work over a set reference period and then offer a contract for guaranteed hours reflecting this average. 

The right to reasonable notice of shifts and changes to shifts: employers will be required to give a specified amount of notice before a shift is due to start. Similarly, once a shift has been offered and accepted, reasonable notice must be given to cancel the shift or change it. 

The right to compensation: for shifts being cancelled, moved or curtailed at short notice. Workers will be entitled to be paid a ‘specified amount’ which will be no more than the earnings they would have received had they worked the shift.

How does the act affect bank workers’ rights?

Many NHS bank staff are genuinely casual; they pick and choose shifts. If a bank worker ends up working regular, predictable hours, the law could require the Trust to offer a contract reflecting the average hours worked. 

Practically, most NHS bank staff remain genuinely flexible, so few are likely to hit this threshold. If a bank worker is effectively working like a permanent staff member, they could be entitled to guaranteed hours, which changes the casual nature of their bank contract.

NHS Trusts often have informal policies on short-notice cancellations, but this law makes giving adequate notice a legal requirement. Currently, NHS Trusts may pay a partial fee for very short-notice cancellations (sometimes called “short notice shift pays”), but this law will standardise it.

Bank staff who are offered shifts which are then cancelled at short notice may be entitled to pay for the cancelled shift, even if they didn’t work it. The compensation amount is likely up to what the worker would have earned, so bank staff have a more enforceable right to payment. This could reduce uncertainty for bank staff but might increase costs for NHS Trusts.

Not a Member Yet? Get Protected Today!

If you’re not yet covered or are unsure about the level of protection you have, consider joining our medical defence membership that offers expert advice and support in medico-legal matters. Good Samaritan cover is just one of the many benefits of having robust medical defence protection.

For more information contact us at [email protected], or if you are a MDS member to get immediate access to expert advice use:

0300 30 32 442
[email protected]