Sheffield City Council

Transcription

1 Sheffield City Council Revised Pay, Terms and Conditions of Service and Employment Policies April

2 Section Contents 1 Introduction 3 2 Pay and Grading Structure Grading structure explanation 2.2 Market Related Pay 3 Moving into the new pay structure 5 4 Terms and Conditions and Employment Policies 5 Appeals Procedure 6 Grading Review Procedure 7 Policy on Protection of Earnings 8 Equality Impact Assessment 9 Bonus Payments and Local Agreements Appendices App 1 Job Family Modelling Approach 8 App 2 Terms and conditions - changes 11 App 4 Terms and conditions - handbook (separate 15 document) App 5 Equal Pay Review App 6 A Corporate Grading Procedure 22 App 6B Individual Regrading Appeal Procedure 28 App 7 Pay Protection Scheme 31 App 8 Equality Impact Assessment 33 App 9 Cessation of Bonus and Local Agreements 34 App 10 Market Supplements Policy 36 Page Number 6-2 -

3 1.0 Introduction 1.1 In 1997 the National Joint Council (NJC) introduced a new National Agreement for Local Government Services (the Green Book). This agreement was intended to replace the terms and conditions in the Scheme of Conditions of Service for the National Joint Council for Local Authorities Administrative, Professional, Technical and Clerical Services (the Purple Book) and the Handbook of the Yorkshire and Humberside Provincial Council for Local Authorities Services Manual Workers (also known as the Green Book). The new agreement was generally called The Single Status Agreement since its intention was to introduce equal pay and eliminate the old divides between officers and manual workers. 1.2 Sheffield City Council adopted an approach known as Job Family Modelling. We created job families to group together broadly similar jobs and developed role profiles that described the levels of work within each family. The role profiles were then evaluated using the Greater London Provincial Council (GLPC) job evaluation scheme. Individual jobs were then allocated to a role profile. This approach is outlined in more detail in Appendix 1. This has been applied to all jobs covered by the NJC Agreement for Local Government Services. In addition, negotiations have taken place on changes to conditions of service, market supplements, protection and appeal arrangements. A new procedure for future review of grades has also been negotiated. An equality impact assessment on these proposals has also been undertaken. 1.3 We have now reached the stage of producing a final package of measures which forms the pay, terms and conditions for implementation. The Council has undertaken the review with the aim of reaching a collective agreement with the recognised Trade Unions and has engaged in regular negotiations and consultation with the Unions with a view to achieving this. Despite many months of trying to reach agreement this has not been possible. The Council is therefore moving to implementation by agreement with individuals. It is intended that the new arrangements be introduced from 1 st April This document aims to cover the key aspects and focuses on explaining the: New pay and grading structure Equality impact assessment Proposed terms and conditions of employment and employment policies Policy on protection of pay Grading review procedure 1.5. A key feature is the principle of fairness and equality for all employees. Equalising long-standing pay differences across our local government services employees means that some jobs will be graded higher than before and some will be graded lower than before. Additionally, some minor and some locally agreed allowances will stop and bonus has been removed. The new system of allowances harmonises differences between former manual and former APT&C jobs and is intended to be easier to understand and apply

4 1.6 We recognise that the impact of these changes may be difficult for some employees, so we have developed a pay protection scheme. The scheme will protect basic pay on a staggered basis for a period between 9 and 18 months dependent upon the level of detriment suffered. Additionally, we have put in place other measures to support employees at this time, including an Employee Assistance Programme, support and communications from management, road shows etc. 2.0 New Pay and Grading Structure 2.1 Grading Structure The chart below illustrates the proposed grading structure. It has 11 bands allowing incremental progression within the grade for all employees. Grade JE points Spinal Column Points Salary 2008/09 rates ,995-13, ,027-14, ,891-16, ,663-19, ,427-22, ,730-26, ,784-30, ,714-34, ,207-38, ,575-42, ,931-48,121 Notes: Spinal column points 50 to 57 are a local extension to the NJC for LGS pay spine. The table above is based on pay rates agreed nationally for 2008/09. Any nationally agreed pay awards for 2009/10 will be applied once agreed Employees will be notified of their new rate of pay and of any additional allowances that they are due because of their working arrangements. Employees who are eligible for pay protection will be notified of the details and of any proposals for the possible mitigation of their loss, Incremental progression will happen automatically at one increment a year on 1 April each year, until the maximum of the scale is reached, beginning in April In the future, the Council will be seeking to negotiate the development of contribution based progression. This does not form part of the proposal at this stage Employees with less than 6 month s service in the grade by 1 April shall be granted their first increment 6 month s after appointment, promotion or regrading

5 2.2 Market Related Pay Sheffield City Council will endeavour to establish and maintain a pay and grading structure which minimises the need to apply market supplements. However, it is recognised that there may be occasions when it is not possible to recruit and retain staff in a particular job or post at the designated salary. Where this happens and evidence can be supplied to support the case, consideration will be given to applying a market supplement as a temporary arrangement. All requests for market supplements will be considered by the Corporate Grading Panel to ensure that a fair, equal and consistent approach is taken Market Supplements will not be used to restore the pay level of those jobs that have been down-graded as part of Pay Review, unless evidence is brought in line with the key principles set out in the Market Supplements Policy The Market Supplement Policy is applicable to all jobs covered by the NJC for Local Government Services The Market Supplements Policy is attached at Appendix Moving into the new pay structure 3.1 The new pay structure will be introduced for all local government services employees. It will be simpler and fairer across the organisation and aims to standardise a variety of different pay levels and structures. 3.2 The new pay and grading structure and the new package of terms and conditions of employment will be introduced for all employees from 1 st April It is proposed that employees should be assimilated onto their new grade on the following basis: Where an employee has a spinal column point on the new grade at the same level as their existing spinal column point (at the date of implementation) then they should transfer across at the same level Where the minimum of the new grade is higher than their existing spinal column point (at the date of implementation) then they should transfer across at the minimum of the new grade Where the maximum of the new grade is lower than their existing spinal column point (at the date of implementation) then they will transfer across at the maximum of the new grade and their pay will be protected in accordance with the pay protection policy Some employees currently receive a consolidated rate of pay that includes elements of pay for unsocial hours, bonus or other miscellaneous allowances. These employees will be assimilated to the new pay scale - 5 -

6 Some employees currently receive pay that is not based on a recognised spinal column point. In assimilating such an employee, they will be placed on the nearest spinal column point above their current salary and then transferred across to the new pay structure as described above. For some employees, other elements have been taken into account in order to determine the point at which they transfer to the new pay structure Where certain terms and conditions of employment are removed and not replaced within the revised package and the earnings levels associated with these terms and conditions are not subject to pay protection, additional measures have been developed in discussion with the trade unions The revised pay, terms and conditions will be implemented by variation to contracts in 1 April The first increment thereafter will be applied where applicable on 1 April It is the intention that all remaining weekly paid employees move to monthly pay. However, it is proposed that this change will be subject to negotiation with the trade unions during 2010/ Terms and Conditions and Employment Policies 4.1 Proposed changes which have been the subject of negotiation are outlined in Appendix 2. The existing terms and conditions contain many agreements that have been in place for some time, some of which are better than the national conditions for example maternity and adoption leave. Full details of the terms and conditions package are shown in Appendix As well as a new pay structure and terms and conditions, these proposals also cover other important parts of employees working lives. These aim to make sure that all employees are treated fairly across the organisation. 5.0 Appeals Procedure The procedure for appeals against the outcomes of the pay review is given in appendix Grading Review Procedure The procedure for future grading reviews is given in appendix Policy on Protection of Earnings The policy on protection of earnings is given in appendix

7 8.0 Equality Impact Assessment The equality impact assessment of the proposals is to follow. 9.0 Bonus Payments and Local Agreements 9.1 In considering a Pay and Reward Strategy for Sheffield City Council, a number of principles were developed. As a consequence, it is proposed that all existing bonus payments cease. Other local pay related agreements will be removed in favour of a single evaluated rate of basic pay plus harmonised allowances for working unsocial hours. 9.2 Further information about this is available in appendix

8 Sheffield City Council s Job Family Modelling Approach 1.0 Job families Appendix 1 Managers from across the Council looked at all of our existing posts, and agreed that they could be grouped into nine job families, grouping together jobs that have broadly the same purpose, and share similar characteristics. OD/HR and trade union representatives were also involved in this part of the process. Sheffield City Council s nine job families are described below. Job family People Care Learning and Development Environmental and Operational Regulatory Customer Engagement Technical Business Support Organisational Support Leadership and Direction Description Direct support and well being of people to assure their protection, security and development. Direct development of people to build their personal capability in skills and knowledge. Delivery of ongoing service activities requiring specialised and vocational expertise. Monitoring and enforcement of prescribed regulatory areas. Provision of assistance, instruction and information to groups and individuals using Council facilities and services. Provision of services of a technical or specialist operational nature to internal and external customers. Delivery of administration and business services to support the Council. Delivery of professional services, to support the Council in longer-term corporate planning, performance, policy and strategy. Determination and strategic implementation of Council services, oversight and control. The job families apply across all Services. Each job family has a number of different levels within it, which are described through role profiles

9 2.0 Role profiles Role profiles reflect the nature of work that s required at each level within a job family. The role profiles set out: the purpose of the job; the main activities an employee needs to do; the results they re expected to achieve; and the skills, knowledge, and any qualifications they need to do the job. The role profiles were then evaluated using the GLPC job evaluation scheme. 3.0 Job evaluation We chose the Greater London Provincial Council (GLPC) Scheme for a number of reasons: It s an analytical, factor-based scheme. It was designed specifically for local government. It has been proven to work within, and outside, local authorities. It supported our approach to introduce job families and role profiles. It provided a fair and systematic approach to job evaluation. The Scheme looks at 11 specific factors of work. Supervision/management of people Creativity and innovation Contacts and relationships Decisions discretion Decisions consequences Resources Work demands Physical demands Working conditions Work context Knowledge and skills. All of these factors have different levels within them. Points were awarded for each level, based on an agreed scale of measurement within the scheme. Each role profile was then manually checked against these factors, and points awarded accordingly, depending on the nature and complexity of each role. At the end of the process, the points were totalled to determine the size and value of the role, and where it sat within the overall rank order. The evaluations were carried out by managers from across the Council, with support from OD/HR. They received comprehensive training and support, to ensure that they carried out the process in a systematic, fair and consistent way

10 Once the role profiles were evaluated, jobs were allocated to a profile. 4.0 Job Working Conditions Generic role profiles are useful for describing what is expected from jobs of a similar nature but they don t take account of the situation in which the jobs are done such as working in unpleasant surroundings, exposure to noise etc. In order to recognise this important element of jobs, we scored the factors in the job evaluation scheme, which measure the job working conditions separately for each job as part of the allocation process. 5.0 Job family allocation This process allocated all current posts covered by the pay review to the new job families and role profiles. The allocation process was carried out by trained managers with knowledge of the jobs in their Service area, with support from OD/HR. They used an objective and analytical approach, focusing on the critical factors which differentiate each of the job family levels, and their corresponding role profiles. 6.0 Moderation Organisation Development/Human Resources have overseen the moderation process to ensure consistency across allocation panels and service areas. Moderation was carried out by managers and OD/HR

11 Appendix 2 Single Status Review of Terms and Conditions of Service Summary of Proposed Changes Policy Existing Provision Proposal Working Week The working week has already been standardised at 37 hours. A variety of working patterns are in place covering 7 days per week. The working week is 37 hours per week worked Monday to Sunday. This process aims to standardise the pay for this working arrangement. It is not proposed to use this process to introduce five out of seven day working in areas where that isn t currently the practice. The working day There are currently a number of local arrangements in place. Basic pay to be paid for hours worked between 6am to 8pm, Monday to Friday for all employees. Additional hours Employees on SCP 29 or more time off in lieu. Employees on SCP 28 or less working additional hours up to 37 per week - Plain time Employees on SCP 10 or less working hours over 37 per week:: Mon-Sat time and a half Sunday double time Employees on Grade 10 or more - time off in lieu Employees on Grade 9 or less, working additional hours less than 37 per week, during the hours of 6am to 8pm, will receive payment at plain time, plus weekend enhancements if applicable. Employees on Grade 9 or less, additional hours less than 37 per week, worked outside the hours of 6am to 8pm day will receive time and one fifth between 8pm and 10pm and time and one third for hours between 10pm and 6am. Employees on Grade 9 or less, overtime hours over 37 per week, which can not be accommodated within the flexi

12 Weekend enhancements Unsocial hours Night rate Standby and call out Employees on SCP 11 to SCP 28, working hours over 37 per week that can t be accommodated within flexitime: Mon-Sun time and a half Employees on SCP 10 or less: Mon-Sat time and a half Sunday double time Employees on SCP 11 to SCP 28 Mon-Sun time and a half Plus night rate if appropriate Employees on less than SCP 11 receive time and a fifth for hours between 8pm and 10pm Employees on SCP 11 to SCP 28 may receive irregular hours working allowance in accordance with paragraph 38.4 (d). Former manual workers receive time and a third for night work from 8pm provided that the finishing time is after 10pm A variety of local arrangements are in place as well as the national standby arrangements for social workers. time scheme will receive compensatory time off or time and a half, irrespective of the day or time of day on which they are worked subject to agreement with the manager. Employees on Grade 9 or below working weekends (midnight Friday to midnight Sunday) - Time and a half Plus one fifth for hours worked between 8pm to 10pm Plus one third for hours worked between the period 10pm to 6am All employees receive time and a fifth for hours worked between 8pm and 10pm All employees working between 10pm and 6am: Time and one third Plus one half for working between 10pm and 6am on a weekend. Local arrangements will continue. Where an hourly rate is paid, this will reflect the rate for the job following implementation of the new pay structure. Proposals to harmonise arrangements will be tabled at a later stage

13 Temporary additional responsibilities allowance Discretionary leave Business travel and subsistence Relocation expenses Notice period Variety of arrangements. Former manual workers: payment for taking on extra responsibility from day 1 Former APT&C employees undertaking full duties and responsibilities of a higher graded post for at least 4 weeks receive acting rank to salary of post temporarily occupied with effect from the first day Former APT&C employees sharing extra responsibility for undertaking a higher graded post or where additional responsibilities are exceptionally onerous may receive an Honorarium payment A variety of arrangements in place including time off for work in the community etc. Local subsistence policy with rates very close to the national ones. Employees have claimed expenses for travel by public transport but there have been no written guidelines. Local Removals Allowance for employees needing to relocate to Sheffield. Local arrangements, including grade-related notice. Notice given by the Council on termination is at least the statutory and may be greater according to grade. Harmonise the arrangements. Employees generally required to provide cover for periods up to a calendar month. After a month, employee(s) may get Temporary Additional Responsibilities Allowance. Jobs paid at SCP12 or below may be paid at the higher rate from day one of providing cover. An honorarium may be paid to an employee who performs duties outside the scope of his/her post over an extended period, or where the additional duties and responsibilities involved are exceptionally onerous. A new discretionary leave policy draws together and standardises the disparate arrangements. A new policy with guidelines on travel by car, rail, air, and hotel reservations. Subsistence allowances will be paid at the rates published by the national employer. Revised, more flexible scheme. Local simplified notice arrangements

14 Shift pay Split shift allowance Low pay supplement Bonus payments Other local agreements Pay date Some employees currently receive shift pay in accordance with the former manual and APT&C conditions Some former manual employees receive split shift allowance of 5 pence per hour. Former APT&C workers do not receive split shift allowance. Some employees receive a local allowance known as low pay supplement. Local single status arrangements had removed many of these payments. Various local bonus schemes are in operation. Various local pay and conditions related agreements exist. Most employees are paid on the 30 th of the month but some are still paid weekly and a few are paid on the 18 th of the month. Shift pay to be removed. Split shift allowance to be removed Low pay supplement to be removed as all employees placed on a fair and equitable pay scale. To be removed as part of this process. To be removed as part of this process. In principle, all remaining employees other than casual, short term temporary and zero hours contract employees will move to monthly pay on the 30 th of the month. Transitional arrangements for moving from weekly to monthly pay will be the subject of negotiation during 2010/

15 Appendix 4 Terms and conditions handbook - attached

16 Sheffield City Council Equal Pay Review 2009 Implementation Appeal Policy and Procedure 1. Introduction and Background Appendix 5 Following the Equal Pay Review, the Council is implementing a new pay and grading structure for employees who are covered by the NJC for Local Government Services (Green Book) conditions of service. This policy and procedure is to be used where an employee or group of employees is dissatisfied with their allocation and new grade resulting from the Equal Pay Review and the introduction of the new pay structure. The right of appeal is limited to an appeal against the grade and not the new terms and conditions of employment 2. Scope This document should be read in conjunction with the Appeal Protocol. Sheffield City Council employees whose posts have been included in the Equal Pay Review process will have the right to appeal against the outcome of the Review. The process is available to all employees in post prior to 9 October This process does not apply to employees covered by the Teachers, Soulbury, JNC for Chief Officers or Craft negotiating bodies. A separate process applies for reviewing grades owing to a substantial change in duties but cannot be used for an appeal against an initial allocation or within 12 months of any individual implementation appeal hearing date. 3. Panels All panel members, including any technical advisers, will be trained in the scheme, application and related equality issues, particularly in the avoidance of gender bias. 4. Rights to Representation Throughout the appeal procedure, individual employees have the right to be represented by a Trade Union Representative from their chosen Trade Union or other person employed by the city council. It is an employee s responsibility to identify and invite their representative to the meeting

17 5. Group Appeals At Stage 1 where a collective appeal is requested for the same post, management reserve the right to see people as a group. In schools, this may be a collective request for the particular school or a group of schools subject to agreement between the Headteachers of those schools. At Stage 2, if more than one appeal is submitted in respect of the same job, a lead appellant and lead Trade Union representative will be identified in consultation with the post holders and Trade Union representatives. Where none of the post holders are Trade Union Members, alternative representation will be agreed from within the post holder group. 6. Grounds for Review and Appeal There are 3 possible grounds for review and appeal. These are as follows: The allocated profile does not adequately reflect the job or elements of the work have not been considered. The score for the job working conditions does not adequately reflect the job working conditions for the job The allocated job family does not reflect the nature of the work. An employee can list an internal comparator as part of their submission to support one of the above grounds for appeal. If a comparator is to be used, the employee will need to provide the name and Job Title of their chosen comparator. The employee cannot lodge an appeal solely on the basis that they have suffered a reduction in the salary or grade maximum or on the basis of the point of assimilation to the new pay structure. 7. Outcome of Review and Appeal A change of job family or role profile or job working conditions score on appeal may not necessarily result in a change to the grade or the salary paid. Where an individual employee or a group of employees submit an appeal resulting in a change in grade the outcome shall be applied to all employees in the same job, regardless of whether or not they were party to the appeal

18 An appeal may result in an increase or decrease in the grade of job. Any increase would be backdated to the date of implementation. Any decrease would be applied with due notice. 8. Priority of Appeal Review Meetings and Hearings Where possible appeals will be heard in the following order of priority: Groups of staff allocated to the same role profile whose basic pay has reduced Individuals whose basic pay has reduced Groups of staff allocated to the same role profile whose basic pay has not reduced Individuals whose basic pay has not reduced Management reserves the right to determine the order in which appeals are heard. Management is committed to hearing all appeals as quickly as possible minimising all delays where possible. 9. Stages of the Appeals Procedure The procedure has three stages: Stage 1: Review Meeting Stage 2: Appeal Hearing Stage 3: Referral to the Corporate Appeal Panel. 9.1 Stage 1: Review Meeting Lodging a request for a Stage 1 Review Meeting The employee or group of employees must submit a completed Stage 1 Appeal Request form to the Pay Review Transaction Team in Capita as soon as possible and no later than 4 December Where there is more than one post holder, they may submit a collective request. Where a collective request is received, or more than one individual request is received for the same post, management reserve the right to see people as a group at this stage. In schools, this may be a collective request for the particular school or a group of schools subject to agreement between the Headteachers of those schools. The Pay Review Transaction Team will confirm receipt of the appeal in writing within one week of receiving the Appeal Request Form

19 A stage 1 review meeting will be arranged within 4 weeks of the final date for receipt of all Appeal Request Forms Stage 1 Review Meeting At this stage the employee(s) concerned and any representatives will meet with the relevant Head of Service/Headteacher (or their nominee) and a representative nominated by Organisational Development (OD) to discuss the basis of their appeal. The management representative, supported by the OD representative, will explain how the post was allocated to the job family and role profile, how the job working conditions score was arrived at and any local conventions. The employee and representative will be able to ask questions to aid their understanding Possible outcomes of a Stage 1 Review Meeting Management will confirm in writing to all job holders named on the Appeal Request Form, the outcome of the meeting within two weeks of the meeting date. The outcome may be: a) The employee is satisfied with the explanation given; b) The relevant Director or Head of Service/Headteacher (or their nominee) identifies an administrative error in the allocation of role profile or family and refers the matter to the Director of HR; c) The employee is dissatisfied with the explanation given and /or remains unhappy with their allocation. They are informed that they may request an appeal at Stage Stage 2 Appeal Hearing Lodging a Request for a Stage 2 Appeal Hearing If the employee or group of employees wishes to pursue an appeal at Stage 2 they must complete the Stage 2 Appeal Request Form and submit it to the Pay Review Transaction Team in Capita within 4 weeks of notification of the outcome of the Stage 1 Review Meeting. The Pay Review Transaction Team will confirm the receipt of the Appeal Request Form within 1 week. A stage 2 hearing will be arranged within 12 weeks of receipt of the Appeal Request Form

20 The Stage 2 Appeal Panel will consist of 2 management representatives and 2 Trade Union Representatives. A management representative will chair the panel in accordance with the Conduct of Appeals Procedure. Where possible, the management representatives will not have been part of the original allocation panel. The panel will be advised by a technical adviser who will have been trained in the job allocation and appeals process. The following people will be invited to the Appeal hearing: The employee s manager who was involved in the informal review meeting; The employee (or lead employee where a group of employees has submitted the request) and The appropriate Trade Union representative or other Council employee chosen by the employee(s) to represent them. At the hearing, the employee(s) or their chosen representative(s) will explain the basis of their appeal and why they believe their post has been incorrectly allocated or their Job Working Conditions (JWC) incorrectly assessed and answer questions from the panel. The employee s manager will then explain why they believe it is a correct allocation. The panel will withdraw to review the original allocation and carry out an allocation and/or assessment of job working conditions based on the evidence presented Possible outcomes of a Stage 2 Appeal Management will confirm in writing to all job holders named on the Appeal Request Form, the outcome of the meeting within two weeks of the meeting date. The outcome may be: a) The Panel decide the original outcome stands; b) The Panel decide the allocation or job working score requires amending but this would not result in an increase or decrease in grade; c) The panel decide the original outcome is incorrect and requires an amendment that would result in an increase or decrease in grade; d) The panel cannot reach a majority decision. Where the panel cannot reach a majority decision, the employee would be informed that the matter is to be referred by the panel chair to the Director of HR who will convene a Stage 3 Hearing within 12 weeks of the Stage 2 Hearing

21 9.3 Stage 3 Corporate Appeal Panel Convening a Stage 3 Corporate Appeal Panel A Stage 3 Corporate Appeal Panel meeting can only be convened by the Director of HR following a request from a Stage 2 Appeal Panel Chair. The panel will consist of the Director of HR (or their nominee), a Director or Head of Service from an independent service area (or their nominee) and a Corporate Trade Union Convenor. A panel meeting will be arranged and the employee and management side will be informed of the date. The manager/employee will not be required to attend the meeting. The panel will consider all previous submissions and carry out an allocation and/or assessment of job working conditions based on the evidence presented Possible outcomes of a Stage 3 Panel Meeting Management will confirm in writing to all job holders named on the Appeal Request Form, the outcome of the meeting within two weeks of the meeting date. The outcome may be: a) The Panel decide by majority the original outcome stands; b) The panel decide, by majority, the original outcome is incorrect and requires an amendment that would result in an increase or decrease in grade. The outcome of the Stage 3 Hearing will be final. 10. Monitoring The outcome of all appeal hearings will be reported to the Corporate Grading Panel for monitoring purposes. Appeals will be monitored in terms of gender, race, disability, sexual orientation and religion or belief. Papers relating to the appeal hearings will be kept on file for 6 years for future reference

22 Appendix 6 A Corporate Grading Procedure Scope The panel is responsible for the overall governance of the Council s grading structure for all employees covered by Local Government Services (LGS) Terms and Conditions. All management proposals that impact on the grade of LGS post will be subject to Grading Panel approval. The panel will be the last stage in any individual or collective regrading appeal This process does not apply to Teachers, Soulbury JNC for Chief Officers or Craft negotiating bodies. This process only applies to requests for panel approval for a regarding of a post agreed under the pay structure introduced in April A separate procedure exists for employees to appeal against their allocation under the Equal Pay review implemented in 2010 Panel Membership To avoid any discriminatory bias the panel will be of mixed gender and trained in the allocation process. The Corporate Grading Panel will consist of two OD Managers or Business Partners and Two Trade Union Convenors (Attendance will be determined by the TU side) Frequency of Meetings/ Record Keeping The panel will meet on a monthly basis with the dates set in advance by the Head of Corporate Organisational Development. Additional dates may be set for individual regrading or collective appeals. The Panel s final decision will be notified in writing to the manager within 7working days. Copies of the decision will also be forwarded to the relevant OD/Finance Business Partners/TU Representative for information/monitoring purposes. A log of all Panel hearings will be kept corporately and may be reviewed at any time by the TU side. Panel papers will be kept for a minimum of six years

23 Panel Authorisation Approval from the panel will be the authorisation for a manager to proceed with the proposals and action the relevant documentation for notifying HR First Approvals The approval section applies to all Local Government Service posts that:- require moderation, having been newly created and allocated within an established current Job Family/Job Profile require a new Job Profile developing are subject to restructure where there is a requirement to change the Job Profile/Job Family which has an impact on the grade. require approval for a market supplement to be added Newly created posts that require moderating To maintain corporate consistency any newly created post that does not have an established grade will require moderating by the Corporate Grading Panel. A Grading Panel Approval Request Form needs to be completed following an initial allocation by the Directorate Allocation Panel. An authorised Pre Approval Form-Organisational Change/Regrading must also be attached. Newly created posts that require a new Job Profile developing Where a manager wishes to create a post that requires a new Job Profile developing they need to complete a Grading Panel Approval Request Form.Attached to the form must be a report from the Directorate Allocation Panel which clearly states why the post cannot be allocated within the current Job Family framework. An authorised Pre Approval Form-Organisational Change/Regrading must also be attached. Posts subject to restructure Where there is a requirement to change the grade of posts within a service owing to a restructure a Grading Panel Approval Request Form will be required to be completed. This form will have attached a recommendation report from the directorate allocation panel confirming the need for re allocation with a recommendation as to the revised Job Profile/Job Family. Where the post content cannot be allocated to an established profile the reasons for this will be contained within the report. An authorised Pre Approval Form-Organisational Change/Regrading must also be attached. Posts requiring a Market Supplement to be added Where a market supplement is required a Grading Panel Approval Request Form needs to be completed. The request needs to be in accordance with the Market Supplement Procedure. An authorised Pre Approval Form-Organisational Change/Regrading must also be attached

24 Process Requests for panel approval will be sought before managers consult staff on their proposals. The relevant pro forma will be forwarded to the Head of Corporate OD at least 7 working days in advance of the meeting with full documentation. In advance of forwarding the Corporate Grading Panel Approval the pre approval formorganisational change/regarding must be signed by the relevant OD Business Partner to confirm all organisational development issues have been considered and a Finance Business Partner to confirm budgetary implications have been considered. This pre approval form must be attached along with a report from the Directorate Allocation Panel confirming the proposals do not compromise the integrity of the Council s grading structure. Copies of Panel Papers should be sent to the local Trade Union representative(s) for information at the same time as forwarding to the Head of Corporate OD. Discussions with local Trade Union representatives should also be initiated at this stage. It has been agreed with the Corporate Convenors that this will be in the strictest confidence and will not be shared with employees affected prior to being initially approved by the corporate panel, however the Panel will not consider any applications if the local representatives have not been informed of the proposals. Information provided should include: Reasons for the proposal, number of staff affected and their post reference numbers If the proposal arises out of an Achieving Change, a copy of the documentation should be attached including the current and revised structure charts showing the relationship to the wider structure. The charts should indicate post reference numbers for all posts including those whose grade is unaffected Equalities issues including a copy of the EIA if the proposal is to be considered by EMT or DMT Current and revised Job Descriptions should be provided for applications to regrade posts Written details of the outcome of the Directorate Allocation Panel must be attached An authorised Pre Approval Form Organisational Change/Regrading must be attached which gives authorisation of the relevant OD and Finance Business Partners An outline of the consultation Implementation Plan The manager making the request for approval may be called to attend the meeting to clarify any outstanding points raised and should diary the time accordingly

25 Adjournments may be requested by managers wishing to review their proposals and resubmit or by the panel if further information is required. The Panel may also call for an adjournment if they decide to confer a different grade than the one(s) proposed. During the adjournment an independent review of the posts(s) will be undertaken by the Corporate Review Panel. Where there has been an adjournment relating to change in grade, a revised Directorate Allocation Panel Report and Pre Approval form-organisational Change/Regrading must be attached on resubmission. The original panel will review resubmissions via a specially convened Grading Panel meeting as soon as possible following receipt of the revised papers or further information. Discussions relating to content of job description are required locally and where this leads to a change in or failure to agree on a grade during the Achieving Change process, this will be re submitted to the panel for consideration. Resubmission may be requested by the local TU representative. Appeals The appeals section applies to appeals for all LGS Grades for:- Individual regrading appeals where an employee has exhausted the Individual Regrading Process Collective Regrading Appeals supported by the Trade Union that remain unresolved following a hearing by a Director/Head of Service. Individual Appeals Individual regrading claims will only be submitted to the panel following the exhaustion of the Individual Regrading Procedure. The Grading Panel is the final stage in the appeal procedure Individual Appeal Hearings will be arranged within 6 weeks of the initial request to the Corporate Grading Panel. An additional panel date will be set to hear the submission. Papers previously tabled at the Individual Regrading Appeal will be submitted at least 7 working days in advance of the panel hearing. At the hearing the individual employee supported by their TU representative or other support colleague will present the case and the Director/Head of Service or nominated Authorised Manager will give reasons why they do not feel it is appropriate. The panel may ask questions of either side and or call for an adjournment if further information is required. The Panel s final decision will be notified in writing to the manager within 5 working days. Copies of the decision will also be forwarded to the relevant OD/Finance Business Partners

26 Collective Regrading Appeals Trade Union requests for a collective regrading will be heard where the issue remains unresolved following a hearing by a Director/ Head of Service or nominated Authorised Manager. The Grading Panel is the final stage in the appeal procedure Collective Regrading Appeal Hearings will be arranged within 6 weeks of the initial request to the Corporate Grading Panel. An additional panel date will be set to hear the submission. Papers previously tabled at the Director/ Head of Service hearing will be submitted 7 working days in advance of the panel hearing. The Panel s final decision will be notified in writing to the manager within 5 working days. Copies of the decision will also be forwarded to the relevant OD /Finance Business Partners Monitoring of Individual/Collective Regrading Appeals Regrading Appeals heard by the panel will not be accepted for review for a further 12-month period except in exceptional circumstances where the duties and responsibilities of the post can be shown to have substantially changed. Papers relating to the request plus outcomes will be kept on file corporately for at least six years for future reference

27 Corporate Grading Panel consisting of 2 OD Managers or Business Partners and 2 TU Convenors is scheduled to meet on a monthly basis. Request for Panel Approval required if: Creating new LGS post(s) Restructuring (Achieving Change) Supporting individual re-grading Evidence of comparison across the LA required for generic posts Pre approval required from OD/Finance BP to change agreed staffing establishment seek approval via preapproval forms: Achieving Change/regarding. Copy to be forwarded to local TU rep(s) Complete Approval Proforma (Grading Panel) and forward with supporting info (including Preapproval as above) to Corporate OD Manager 7 working days in advance of panel date. Ensure Pre Approval Form-Achieving Change/Regrading attached. Plus Direc Allocation report & if required EIA * Attendance at Panel Panel Approval. Confirmation sent within 5 working days includes approved code If consultation amends grade resubmit to panel for ratification. Consult on proposal Panel Approval refused. Confirmation sent within 5 working days. Refer to Achieving Change Guidance as appropriate for HR system change preparation Implement Change Management Review of proposals ready for resubmission. *If Cabinet EMT DMT Approval required, proposal should be tabled as Request for Agreement in Principle pending consideration of Grading Panel

28 Background Individual Regrading Appeal Procedure Appendix 6B This document is to be read in conjunction with the Corporate Grading Procedure. Prior to the individual being entitled to present their case to the Corporate Grading Panel, the following procedure will need to have been exhausted. Scope This procedure is available to all employees covered by Local Government Services collective bargaining processes. Procedure An individual who wishes to appeal against the grade of their post will submit an application to the Director/Head of Service on the pro forma provided Director/Head of Service Level The Director/ Head of Service (or nominated Authorised Manager) will arrange a hearing to be set up within 20 working days of receiving the individual s completed pro forma. At the hearing the Director/ Head of Service (or nominated Authorised Manager), advised by a Business Partner trained in Job Allocation, will hear a verbal submission by the employee (or their representative) evidenced by their proforma. The line manager will then give reasons why they agree/disagree with the regrading. Following an adjournment to give full consideration to the facts presented, the Director/Head of Service will reconvene the meeting to give the decision, which will be confirmed in writing within 5 working days. Where the Director/Head of Service (or nominated Authorised Manager) supports the individuals regrading they will become responsible for taking the claim to the Corporate Grading Panel meeting to gain approval for the regrading. They will be responsible for completing the relevant pro forma and attaching an Allocation Panel Report and confirmation from the Business Partner that all organisational issues have been considered

29 Appeal to Corporate Grading Panel Where the Director/Head of Service (or Authorised Manager) does not support the individuals regrading, the employee may write to the Corporate Grading Panel requesting an appeal hearing. Appeal hearings will be set for the next available panel meeting following receipt of the request. Papers previously tabled at the Individual Regrading Appeal will be submitted at least 7 working days in advance of the panel hearing. At the hearing the individual employee supported by their TU representative or other support colleague will present the case and the Director/Head of Service will give reasons why they do not feel it is appropriate. If the panel agree there are potential grounds for a review the meeting will be adjourned to obtain a full report from an Allocation Panel. On reconvening, the panel will assess the report and make a final decision. All parties will be notified in writing of this decision within 5 working days. Copies will also be sent to the relevant Business partner Monitoring Regrading Appeals heard by the panel will not be accepted for review for a further 12-month period except in exceptional circumstances where the duties and responsibilities of the post can be shown to have substantially changed. Papers relating to the request plus outcomes will be kept on file corporately for future reference. (See Appendix 1 Individual Grading Appeal Procedure Flowchart)

30 Individual Regarding Appeal Procedure Individual s claim meets regrading criteria (See Application Form) Individual completes Application Form for Regrading Appeal and submits to Director / Head of Service Director / Head of Service Level Hearing arranged within 20 working days Hearing Decision confirmed in writing within 5 working days. Re-grading supported by Management Re-Grading not supported by Management Manager completes Corporate Grading Panel Approval Hearing Request Form Approval Form Individual requests appeal to Corporate Panel with documentation previously submitted at Director / Head of Service Hearing See Corporate Grading Procedure Individual and TU (or other support colleague) presents case at Panel. Panel s decision made and confirmed to employee within 5 working days

31 Appendix 7 Pay protection scheme Introduction and scope Pay Protection Scheme 2009 Pay Review This scheme applies only to employees whose basic pay is due to decrease under the new pay structure, as part of the 2009 Pay Review due to be implemented in April The intention is to assist with the impact of implementation on employees. It does not apply to new employees starting work for SCC after implementation of the pay review, whether or not they are in roles where other employees are receiving protected pay. All other protection arrangements will cease at the point of implementation of the new pay structure with the exception of the following : Where employees have existing two year protection arrangements in place as a result of an Achieving Change or Redeployment process. In which case, the most favourable protection arrangement in terms of cash value will be offered. Application of the scheme The pay protection scheme has been designed to protect basic pay on a staggered basic for between 9 and 18 months dependent upon the level of detriment suffered by the employee. The scheme will be applied from the date of implementation as follows: Percentage drop in basic salary Number of months protected less than 10% 9 10% to less than 20% 12 20% plus 18 Level of protection Pay protection will apply to basic pay only. All other payments specific to the job, such as irregular working pattern allowances, will not be protected. Staff will only be paid the allowances, payments and hours applicable in their new grade and under the Terms and Conditions of employment post-implementation

32 During the pay protection period, an employee s basic pay will be frozen, and any increments and annual pay awards will not be paid on top of the protected pay rate. Until the basic pay in the new grade equals or exceeds the protected pay. Application of protected pay During the period of Protected Pay any entitlements to: Sick Pay Holiday Pay Maternity, Adoption and Paternity Pay will be paid at the protected salary rate, after which time the new/changed salary rate will apply. Where an employee works additional hours or overtime, payment will be made at the new rate not the protected rate. Termination of the protection period Pay protection arrangements will terminate in the event that: the date of expiry of the protection period is reached, the basic pay in the new grade permanently matches or exceeds that of the protected pay; or the employee applies for, and is appointed to, a new post. When pay protection ends, an employee s basic pay shall reduce to the maximum he or she is entitled to be paid within their new grade. Other measures The Council is limited in the amount of pay protection it is able to offer employees who have suffered a detriment to their basic pay following the pay review. However, other measures to try and reduce an employee s level of loss are under consideration in discussion with the trade unions. These include: Extension of the redeployment policy to allow an employee to be redeployed to an appropriate job at their previous pay level Career development schemes to equip employees to move up to a higher graded role profile or to move to a more skilled job