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Why this matters right now

Band 9 is the top Agenda for Change band, so notice at this level is long, often paid in lieu or spent on garden leave, and frequently wrapped into a settlement agreement. There is no published data on what Band 9 exit packages are typically worth. What you are owed starts with your contract, the NHS contractual redundancy terms in Section 16 of the Agenda for Change handbook if you are made redundant, and anything further agreed in a settlement agreement.

Notice by direction

DirectionTypical notice
Band 9 employee to trust3 months (6 in some senior contracts)
Trust to Band 9 employee3 months (6 in some senior contracts) + section 86 ERA statutory floor
During probation (rare at this level)3 months

Roles at Band 9

Band 9 covers Director-level roles below Executive Board:

  • Director of Operations / Chief Operating Officer (some trusts VSM instead).
  • Director of Nursing (many are now Executive Board members on VSM).
  • Director of Finance / Chief Financial Officer (usually VSM).
  • Director of Strategy / Transformation.
  • Director of Corporate Affairs / Company Secretary.
  • Director of Estates and Facilities.

Some Band 9 roles have effectively become VSM in practice; check the specific contract type.

Illustrative example: negotiated Band 9 exit package

Hypothetical scenario showing how the rules usually apply. It is not a report of a real case.

Suppose a Band 9 Director of Operations is made redundant during a trust merger, and the first offer is statutory redundancy pay plus three months’ PILON.

Points worth checking with a specialist employment solicitor before signing anything: whether the NHS contractual redundancy terms (Section 16 of the Agenda for Change handbook) apply instead of the statutory minimum; whether the PILON covers the full contractual notice; the wording of the agreed reference; whether restrictive covenants can be narrowed or waived; and whether outplacement support is included.

A settlement agreement is only binding if you have had advice on it from an independent adviser, such as a solicitor, and employers commonly contribute towards the cost of that advice.

PILON and garden leave

Both are standard at Band 9. Typical package:

  • PILON - the contractual notice period (3 to 6 months) of basic pay as lump sum. Fully taxable under PENP.
  • Garden leave - alternative to PILON. Salary continues, benefits continue, restrictive covenants apply on termination.
  • Contractual redundancy pay - where Section 16 of the Agenda for Change handbook applies, usually well above the statutory minimum.
  • Ex gratia - additional negotiated sum within £30k s.401 tax-free allowance.
  • Pension - check how the agreed leaving date affects your NHS Pension Scheme benefits before you sign.

Restrictive covenants

Common Band 9 covenants:

  • Non-compete: 6-12 months post-termination in defined geographic area / defined market.
  • Non-solicit: 12-24 months on named clients (commissioners, referring GPs, key suppliers).
  • Non-poach: 12-24 months on named team members.
  • Confidentiality: unlimited on trade secrets and confidential information.

Enforceability depends on reasonableness. Waiver or reduction of covenants is a common negotiation lever in exit packages.

Pension timing at Band 9

Band 9 is typically the last career step before retirement for many post-holders. Pension considerations:

  • NHS Pension Scheme 2015 with preserved 1995/2008 Section rights (McCloud remedy applies to transitions).
  • Normal Pension Age vs early retirement with actuarial reduction.
  • AVCs and NHS Additional Pension arrangements.
  • Retire-and-return - work continues at reduced hours or non-executive capacity.
  • Interaction with lifetime allowance (abolished April 2024) and new lump sum allowances.

Take advice from an FCA-authorised financial adviser who knows the NHS Pension Scheme well ahead of your target retirement date.

Board and governance obligations

Band 9 roles often include board or committee attendance. On resignation:

  • Formal resignation to Chief Executive and Chair as appropriate.
  • Notification to NHS England / regional NHS body.
  • Handover of board papers and confidential materials.
  • Governance handover to interim or successor.
  • Any published resignation notification for statutory or regulatory purposes.

Reference and public profile

Band 9 exits often carry public dimension - board minutes, regulator filings, sometimes press releases. Points to secure in the settlement agreement:

  • Agreed reference wording attached to and binding on the settlement.
  • No disparagement clause (mutual).
  • Agreed language for any external announcement.
  • Confidentiality of settlement terms.

What Band 9 notice is worth in 2026/27

Band 9 has three pay points: £112,782 on entry, £119,583 after 2 years and £129,783 after a further 3 years, subject to the pay progression process. These are the Agenda for Change rates for England from 1 April 2026. The table shows the gross basic pay that falls within the typical Band 9 notice of 3 months, worked out as annual pay divided by 12 for each month.

Band 9 pay points and gross basic pay for the notice period (2026/27, England)
Pay pointAnnual payGross pay for 3 months
Entry£112,782£28,195.50
Intermediate£119,583£29,895.75
Top£129,783£32,445.75

Why this matters: if you work your notice, this is roughly the basic pay still to come before your final payslip. If the trust pays you in lieu of notice instead, basic pay for the notice period is the usual starting point for the payment, and it is taxed through payroll like salary. For example, at the top of Band 9 (£129,783), 3 months of basic pay is £32,445.75 before tax, National Insurance and pension contributions. The PILON calculator works through the tax side.

The figures leave out High Cost Area Supplements (London and the fringe zones), unsocial-hours enhancements and on-call pay, which your contract may or may not include in notice pay. Scotland, Wales and Northern Ireland set their own Agenda for Change scales. Source: NHS Employers, pay scales for 2026/27 (checked ).

Useful calculators

Related guides

Authority pages

Frequently asked questions

What is the NHS Band 9 notice period?
Commonly 3 months (or 12 weeks) on both sides in trust policies; some senior Band 9 contracts set 6 months. The Agenda for Change handbook does not set notice periods by band, so your contract governs. Band 9 sits at the top of Agenda for Change covering Director-level operational and clinical roles, and some Band 9 roles operate on VSM contracts with individually negotiated notice.
How much is a typical Band 9 exit package?
There is no published typical figure. A package is built from your notice pay (or PILON), NHS contractual redundancy pay under Section 16 of the Agenda for Change handbook if you are made redundant, and anything else agreed in a settlement agreement, such as an ex gratia payment, an agreed reference or outplacement support. Specific figures depend on salary, reckonable service, contract type and negotiation.
Can I negotiate my Band 9 exit terms?
Yes, and you should. Initial offers are almost always improvable via specialist legal representation. Common negotiation levers: enhanced multiplier, PILON extension, non-compete waiver, pension routing, agreed reference, outplacement, mutual non-disparagement.
Are Band 9 roles VSM?
Some are, some aren't. Band 9 sits at the top of AfC; VSM is a separate framework for the most senior managers (often executive directors). Some Band 9 roles have effectively become VSM. Check the contract type on appointment.
What restrictive covenants apply at Band 9?
Typical: non-compete 6-12 months, non-solicit 12-24 months on named commissioners/GPs, non-poach 12-24 months on team, confidentiality indefinite on trade secrets. Enforceability depends on reasonableness; waiver is a common exit negotiation lever.

Sources and further reading

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.