Employment in Local Government etc.

Transcription

1 Employment in Local Government etc. (Modification) (Amendment) Order 2010 The Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 modifies certain provisions of the Employment Rights Act 1996, concerning redundancy payments in their application to individuals employed by local authorities or certain other bodies, most of which are local or regional. The effect of the Order is that an individual s service with a succession of employers is treated as continuous for the purpose of determining their entitlement to a redundancy payment (or the amount of any such payment). Although the Order primarily relates to redundancy, it can also be used for establishing continuous service for other Council purposes (annual leave, long service awards, occupational sick pay and occupational maternity pay). There are two lists of organisations that this Order refers to. Part 1 lists those that currently exist (as at April 2010), and Part 2 lists those that are largely no longer in existence. Basically, for organisations listed in Part 1, conditions of the Order dictate that both lists must be referred to. Therefore, as Fife Council is included in Part 1, organisations listed in either Part 1 or 2 must be taken into account when calculating continuous service. This Order amends the 1999 Order by adding to the list of organisations. Such amendments are issued from time to time, and this document will be updated and reissued as necessary. How do you know whether an organisation is included on the Order? Many of the organisations are specifically named. However, there are a number of generic categories, e.g. board of governor schools, and it is impossible to list every one of these by individual name as this would cover several thousand organisations. If an organisation is not specifically named, or included in a generic category, the simplest way to establish its inclusion (or not) is to contact the organisation itself. Each organisation will know if it is included in the Order, as it itself will have to recognise service with other associated employers. Fife Council August 2010 Page 1 of 15 RS55

2 Other Considerations Health Service Service with the Health Board, Authorities, etc. will not be counted (unless the employee transfers to Fife Council under TUPE). The Health Service is not included in the Modification Order, and there are no reciprocal arrangements between local authorities and health for any service related benefits. (This may change in the future due to future joint agreements.) NB - but, before October 1985, some service was established by membership of the Superannuation Interchange Regulations, and not the Modification Order, and this included the NHS. Therefore, such reference may be made in some older files to these Regulations, in which case service would be included (e.g. for redundancy calculations). Voluntary Sector Although local government either wholly or partly funds many organisations within the voluntary sector, they are not classed as local government employees. Therefore, if the organisation is not specifically named on the Order, service will not be counted. Fife Council August 2010 Page 2 of 15 RS55

3 PART 1 Section 1 - Local Government In relation to England: - a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council, a common parish council, a parish meeting In relation to Wales: - a county council or a county borough council, a community council, a common community council A council constituted under the Local Government (Scotland) Act 1994 Any authority established under the Local Government Act A joint board or joint body undertaking the functions of two or more bodies described above Any other authority or body undertaking the functions of, or advising, any of the bodies specified above Any committee (including a joint committee) undertaking the functions of, or advising, any of the bodies specified above Any association that is a representative of any two or more authorities described above, or any committee established to undertake the functions of, or advise, one or more of such associations An association whose duties include responsibility for the collation and distribution of information, and advising on, conditions of service in local government service An organisation whose duties include the negotiation of pay and conditions of service in local government service A National Park Authority established under sections 6 to 8 of the National Parks (Scotland) Act 2004 A residuary body established under the Local Government Act Employers Organisation for Local Government Improvement and Development Agency for Local Government Improvement Service Company Audit Scotland The Commission for Local Administration in England The Commission for Local Administration in Scotland Fife Council August 2010 Page 3 of 15 RS55

4 The Commission for Local Administration in Wales The Local Government Management Board The Residuary Body for Wales (Corff Gweddilliol Cymru) Section 2 - Planning & Development A development corporation as per the New Towns Act A Housing Action Trust as per the Housing Act Advantage West Midlands Aire-Wharfe Community Housing Trust Ltd An Urban Development Corporation as per the Local Government Planning and Land Act Batley Action Ltd Bethnal Green City Challenge Company Ltd Bolton City Challenge Partnership Ltd Bradford Building Services Ltd Bradford City Challenge Ltd Bradford Community Housing Trust Ltd Bradford West City Community Housing Trust Ltd Brixton Challenge Company Ltd Coast and County Housing Ltd City Building (Glasgow) LLP Community North (Sunderland) Ltd Dalston City Partnership Ltd Deptford City Challenge Ltd Derby Pride Ltd Dewsbury Partnership Ltd Douglas Valley Partnership Ltd Dumfries and Galloway Housing Partnership Ltd East Bradford Community Housing Trust Ltd East Midlands Development Agency (EMDA) East of England Development Agency (EEDA) Harlesden City Challenge Ltd Housing for Wales (Tai Cymru) Fife Council August 2010 Page 4 of 15 RS55

5 Huddersfield Pride Ltd Hulme Regeneration Ltd Knowsley Housing Trust Leicester City Challenge Ltd Manchester Investment and Development Agency Service Ltd (MIDAS) Newcastle West End Partnership Ltd Newtown South Aston City Challenge Ltd North Bradford Community Housing Trust Ltd North Kensington City Challenge Company Ltd North Tyneside City Challenge Partnership Ltd North West Development Agency (NWDA) Northern Housing Consortium Ltd Olympic Park Legacy Company Ltd One North East Pennine Housing 2000 Ltd Scottish Enterprise Scottish Homes Shipley Community Housing Trust Ltd South East of England Development Agency (SEEDA) SEERA Ltd South Bradford Community Housing Trust Ltd South West of England Development Agency (SWERDA) Springfield Horseshoe Housing Management Co-operative Ltd Stratford Development Partnership Ltd Sunderland Housing Group The Blackburn City Challenge Partnership Board The Broads Authority as per the Norfolk and Suffolk Broads Act The Commission for the New Towns The Countryside Commission for Scotland The Development Board for Rural Wales The Edinburgh New Town Conservation Committee The Housing Corporation Fife Council August 2010 Page 5 of 15 RS55

6 The Urban Regeneration Agency The Welsh Development Agency Twin Valley Homes Ltd Urban Futures London Ltd Wolverhampton City Challenge Ltd Yorkshire Forward Section 3 - Education The governing body of: - a further education establishment, a foundation school, a voluntary aided school, a foundation special school, an aided school, a grant-maintained school, a special school, a designated institution, a central institution (other than a college of agriculture), a College of Education The board of management of: - a self-governing school, a College of Further Education The governing body of an institution as per the Further & Higher Education Act or the Education Reform Act, or, in the case of such an institution conducted by a company, that company The managers of a grant-aided school The managers, other than a local authority, of a school approved under the Children and Young Persons (Scotland) Act A person carrying on a City Technology College, a City College for the Technology of the Arts, or an Academy A company formed to manage a College of Further Education A further or higher education corporation An Education Action Forum Connexions Lancashire Ltd Cwmni Cynnal Newbattle Abbey College Scottish Consultative Council on the Curriculum Shetlands Arts Development Agency The Central Council for Education and Training in Social Work The Centre for Information on Language Teaching and Research The Centre for Literacy in Primary Education Fife Council August 2010 Page 6 of 15 RS55

7 The General Teaching Council for Scotland The National Institute of Adult Continuing Education (England and Wales) The Scottish Community Education Council The Scottish Council for Educational Technology The Scottish Council for Research in Education The Scottish Examination Board The Scottish Vocational Education Council VT Four S Ltd Section 4 - Careers Guidance Argyll and Bute Careers Partnership Ltd Calderdale and Kirklees Careers Service Partnership Ltd Cambridgeshire Careers Guidance Ltd Capital Careers Ltd Career Connections Ltd Career Decisions Ltd Career Development Edinburgh and Lothians Career Path (Northamptonshire) Ltd Careerpaths (Cardiff and Vale) Ltd Careers and Education Business Partnership Careers Central Ltd Careers Enterprise (Futures) Ltd Careers Partnership Ltd Careers Service Lancashire Area West Ltd Central Careers Ltd Cornwall and Devon Careers Ltd Coventry, Solihull and Warwickshire Partnership Ltd Derbyshire Careers Service Ltd East Lancashire Careers Services Ltd Education Business Partnership (Wigan) Ltd Essex Careers and Business Partnership Ltd Future Steps Ltd Futures Careers Ltd Fife Council August 2010 Page 7 of 15 RS55

8 Grampian Careers Guidance Enterprises Group Ltd GuideLine Career Services Ltd Gwent Careers Service Partnership Ltd Hereford and Worcester Careers Service Ltd Hertfordshire Careers Services Ltd Highland Careers Services Ltd Learning Partnership West Leeds Careers Guidance Leicestershire Careers and Guidance Services Ltd Lifetime Careers Barnsley, Doncaster and Rotherham Ltd Lifetime Careers Bolton, Bury and Rochdale Ltd Lifetime Careers Brent and Harrow Ltd Lifetime Careers Stockport and High Peak Ltd Lifetime Careers Wiltshire Ltd Lincolnshire Careers and Guidance Services Ltd London South Bank Careers Mid Glamorgan Careers Ltd Norfolk Careers Services Ltd North East Wales Careers Service Company Ltd Oldham Education Business and Guidance Services Orkney Opportunities Centre Prospects Careers Services Ltd Quality Careers Services Ltd Sheffield Careers Guidance Services Shropshire Careers Service Ltd St Helens Careers Service Ltd Suffolk Careers Ltd Tayside Careers Ltd The Humberside Partnership West Glamorgan Careers and Education Business Company Ltd Fife Council August 2010 Page 8 of 15 RS55

9 Section 5 - Public Transport A metropolitan county passenger transport authority A passenger transport executive The Forth Road Bridge Joint Board The Tay Road Bridge Joint Board Section 6 - Police, Fire & Civil Defence A fire authority established by a combination scheme as per Fire Services Act A metropolitan county fire and civil defence authority A police authority, other than the Secretary of State, as per the Police Act The London Fire and Civil Defence Authority A company the members of which comprise fire and rescue authorities in England and whose objects include the operation of a regional fire control centre Section 7 - Sports Councils The English Sports Council The Scottish Sports Council The Sports Council for Wales The United Kingdom Sports Council Section 8 - Social Services Coverage Care Ltd Essex Cares Ltd Essex Community Support Ltd Essex Employment and Inclusion Ltd Essex Equipment Services Ltd Forfarshire Society for the Blind Harlow Welfare Rights and Advice New Charter Building Company Ltd New Charter Housing Trust Ltd Quantum Care Ltd Sandwell Community Caring Trust Ltd Shetland Council of Social Services Fife Council August 2010 Page 9 of 15 RS55

10 Shetland Welfare Trust The Humberside Independent Care Association The Scottish Commission for the Regulation of Care The Scottish Social Services Council The Wrekin Housing Trust Ltd Tynedale Housing Company Ltd Waltham Forest Specialist Housing Consortium Ltd Section 9 - Museums Coventry Museum of British Road Transport National Coal Mining Museum for England Trust Ltd The board of governors of the Museum of London The board of trustees of The National Museums and Galleries on Merseyside The Geffrye Museum Trust The Horniman Public Museum and Public Park Trust The Scottish Museums Council Woodhorn Charitable Trust Section 10 - Miscellaneous Bodies A community justice authority under section 3 of the Management of Offenders (Scotland) Act 2005 A body designated as a Care Trust under the Health and Social Care Act A local probation board within the meaning of the Criminal Justice & Court Services Act A magistrates' courts committee or the Committee of Magistrates for the Inner London Area, as per the Justices of the Peace Act A probation committee as per the Probation Service Act A valuation tribunal in Wales as per the Local Government Finance Act An area tourist board Active Stirling Ltd Ardroy Outdoor Learning Trust Arts and Theatres Trust Fife Blythe Valley Arts and Leisure Ltd C.I.P. (Hounslow) Ltd City Markets (Glasgow) LLP Fife Council August 2010 Page 10 of 15 RS55

11 City Parking (Glasgow) LLP City Property (Glasgow) LLP Clackmannanshire Leisure Community Initiative Partnerships Cordia (Services) LLP Coventry Sports Trust Ltd Culture and Sport Glasgow Culture and Sport Glasgow (Trading) C.I.C CV One Ltd Derwentside Leisure Ltd East End Partnership Ltd Edinburgh Leisure Enfield Leisure Centres Ltd Enjoy East Lothian Fife Coast and Countryside Trust Fife Sports and Leisure Trust Ltd Forth Valley GIS Ltd Glasgow Community and Safety Services Ltd Greenwich Leisure Ltd Herefordshire Community Leisure Trust Hounslow Cultural and Community Services Hounslow Sports and Recreation Services Kirklees Active Leisure Trust Leisure Tynedale National Mobility Services Trust Ltd New Park Village TMC Ltd North Lanarkshire Leisure Ltd Nuneaton and Bedworth Leisure Trust Oldham Community Leisure Ltd Pendle Leisure Ltd Renfrewshire Leisure Ltd Salford Community Leisure Ltd Fife Council August 2010 Page 11 of 15 RS55

12 Sandwell Arts Trust Sandwell Sport and Leisure Trust Scottish Water Shetland Recreational Trust Somerset Leisure Ltd Sport Aberdeen Strathclyde European Partnerships Ltd Tameside Sports Trust Tees Active Ltd The Business Shop - Angus Ltd The Care Standards Inspectorate for Wales The Children and Family Court Advisory and Support Service The Environment Agency The Islesburgh Trust The Land Authority for Wales The Lee Valley Regional Park Authority The London Pensions Fund Authority The National Care Standards Commission The Scottish Children's Reporter Administration The Scottish Environment Protection Agency (SEPA) The South Yorkshire Pensions Authority The Valuation Tribunal Service The Water Industry Commissioner for Scotland West Lothian Leisure Ltd Wigan Leisure and Culture Trust Fife Council August 2010 Page 12 of 15 RS55

13 PART 2 Section 1 Any employer as specified in Part 1 of this Order, whether or not in existence at the time of calculating continuous service. Section 2 - Local Government The council of an administrative county, county borough, metropolitan borough or county district A regional council, islands council or district council established by or under the Local Government (Scotland) Act 1973 The council of a county, or a county of a city, large burgh, small burgh or district ceasing to exist after 15th May 1975 Any joint board or body undertaking the functions of two or more of the above bodies, and any special planning board Any other body, including a committee, not specified above, undertaking or advising one or more of the above bodies Any two or more of the above bodies acting jointly or as a combined authority An association which was a representative of any of the above bodies, or any committee established to undertake the functions of, or advise, one or more such associations An organisation whose duties include the negotiation of pay and conditions of service in local government service The Accounts Commission for Scotland The Greater London Council The London Residuary Body The council of a county or district in Wales The Local Government Training Board Section 3 - Planning & Development A development corporation as per the New Towns (Scotland) Act A development corporation as per the New Towns Act The English Industrial Estates Corporation The Scottish Development Agency Fife Council August 2010 Page 13 of 15 RS55

14 The Scottish Special Housing Association Section 4 - Education The governing body of: -an aided school, a grant-maintained school, a special school The managers, other than a local authority, of a school which, during the period of employment, was: - approved under the Children and Young Persons (Scotland) Act, a grant-aided school The proprietor of a school which was recognised as a grammar school An institution within the PCFC funding sector Shetland Arts Trust The Further Education Staff College The Inner London Education Authority, known as the Inner London Interim Education Authority The National Advisory Body for Public Sector Higher Education The Polytechnics and College Funding Council The Scottish Association for National Certificates and Diplomas The Scottish Business Education Council The Scottish Council for Commercial, Administrative and Professional Education The Scottish Technical Education Council The Secretary of State for Defence in relation only to employees in schools administered by the Service Children's Education Authority The Secretary of State for Education and Employment, in relation only to teachers employed under contract in a designated European School A person who, during the period of employment, performed a function of a local education authority pursuant to a direction given by the Secretary of State under the Education Act Section 5 - Careers Guidance Black Country Careers Services Ltd Buckinghamshire Careers Service Ltd Kent Careers and Guidance Service Ltd Fife Council August 2010 Page 14 of 15 RS55

15 Section 6 Police A previous police authority Section 7 - Sports Councils The Sports Council Section 8 - Social Services A person or body of persons responsible for the management of an assisted community home, or of an approved institution, as per the Children and Young Persons Act Section 9 - Miscellaneous A local valuation panel A regional water board, as per the Water (Scotland) Act 1967 A river purification board A valuation tribunal in England as per the Local Government Finance Act The Central Scotland Water Development Board The Scottish Industrial Estates Corporation (formerly the Industrial Estates Management Corporation for Scotland) The Small Industries Council for Rural Areas of Scotland The Traffic Director for London The Welsh Industrial Estates Corporation (formerly the Industrial Estates Management Corporation for Wales) Produced by Fife Council Human Resources Section 8 th July 2014: Issue Number 3.1 Fife Council August 2010 Page 15 of 15 RS55