Why this matters right now
Band 9 turnover accelerated in 2024-25 as NHS trusts reshaped executive teams under Integrated Care System restructures. Exit packages at this level typically run £150,000-£500,000 combined value including notice, garden leave, PILON, ex gratia, pension arrangements and outplacement. The initial employer offer is almost always negotiable.
Notice by direction
| Direction | Typical notice |
|---|---|
| Band 9 employee to trust | 6 months (sometimes 3) |
| Trust to Band 9 employee | 6 months contractual + 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.
Case example: negotiated Band 9 exit package
A Band 9 Director of Operations was made redundant during a trust merger. Initial offer: statutory redundancy plus 3 months PILON. Total value: £42,000.
Negotiation via specialist employment lawyer identified: enhanced contractual redundancy scheme not initially applied (uplifted statutory 2x), additional 3 months PILON to align with contractual notice, agreed reference and reference-only wording, waived non-compete, £15,000 outplacement, pension routing of £30,000 to shelter above the s.401 allowance. Revised package value: £185,000.
The lesson: initial offers at Band 9 are almost always improvable. Specialist legal fees (paid by the employer under the settlement agreement) usually pay back many times over.
PILON and garden leave
Both are standard at Band 9. Typical package:
- PILON - 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.
- Enhanced redundancy - if contractual scheme applies. Often 2x-4x statutory formula.
- Ex gratia - additional negotiated sum within £30k s.401 tax-free allowance.
- Pension arrangements - direct employer pension contribution above the £30k allowance for tax efficiency.
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 specialist NHS pension advice (SPPA-registered) 12-24 months before target retirement.
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.
Useful calculators
- NHS notice period calculator
- Notice period calculator
- PILON calculator
- Garden leave calculator
- Settlement agreement calculator
Related guides
- NHS notice periods by band
- NHS AfC notice table
- NHS Band 8d notice period
- NHS consultants notice periods
- Six month notice period guide
Authority pages
Frequently asked questions
- What is the NHS Band 9 notice period?
- Typically 6 months on both sides. Band 9 sits at the top of Agenda for Change covering Director-level operational and clinical roles. Some trusts contract for 3 months; some Band 9 roles operate on VSM contracts with individually negotiated notice (often 12 months).
- How much is a typical Band 9 exit package?
- Combined value typically £150,000-£500,000 including notice, PILON, garden leave, enhanced redundancy (if scheme applies), ex gratia, pension arrangements and outplacement. Specific figures depend on service length, 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
- NHS Staff Council: Terms and Conditions Handbook — AfC master document.
- NHS Employers: Very Senior Manager pay framework — VSM framework.
- Employment Rights Act 1996, section 86 — Statutory minimum notice.
- NHS Pensions — Pension scheme reference.
- Institute of Chartered Secretaries and Administrators: Board resignation — Corporate governance guidance.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.