THE PLYMOUTH BOOK. Local Terms and Conditions. 14 September 2011 Protectively marked

Transcription

1 THE PLYMOUTH BOOK Local Terms and Conditions 14 September 2011 Protectively marked

2 INTRODUCTION REMUNERATION Pay and Grading Working week and normal working day Standard Working Day Non-standard hours Overtime Contractual overtime Bank/Public Holiday Working Stand-by Payment Call-out allowances INCREMENTS AND GRADE MOVEMENTS New Starter Pay Internal role movements Annual increments PAYMENTS FOR OTHER DUTIES Ad hoc Acting Up Substantive Acting-Up Additional Duties First Aid Allowance Professional Subscriptions and Registrations TRAVEL AND RELATED EXPENSES Car user Allowance Car user allowance rates for Petrol & Diesel Cars Out of Peninsula Journeys Mileage: Low emission cars (including electric) Passenger Allowance Motorcycle Mileage Bicycle Mileage Compulsory Change of Workplace (Appendix E) Travel by Public Transport Subsistence Overnight stays Business trips abroad Reimbursement of Expenses ANNUAL LEAVE Leave year... 9 THE PLYMOUTH BOOK Page 2 of 17

3 5.2. Leave Entitlement Long Service Entitlement Chief Officers Christmas closedown Carry-forward of annual leave SICKNESS AND MEDICAL APPOINTMENTS Sick pay Medical appointments OTHER STATUTORY ENTITLEMENTS Maternity Leave Maternity Pay Paternity rights Paternity Pay Parental Leave Adoption Entitlements Plymouth City Council local arrangement for adoption Plymouth City Council local arrangement for IVF and Fertility Treatment FAMILY SUPPORT LEAVE Death Sickness of a dependent Extended leave Special leave Public Duties REDUNDANCY Redundancy Pay NOTICE PERIODS Notice by the employee Notice by the employer Chief Officers Appendix A - Implementation Timetable for The Plymouth Book Appendix B - Current Statutory and other rates THE PLYMOUTH BOOK Page 3 of 17

4 INTRODUCTION This Agreement is between Plymouth City Council and the Authority s recognised Trade Unions representing all staff through Collective Bargaining. The implementation date is 14 September 2011, unless another date is stated. These local conditions supplement the National Conditions of Service. This agreement covers all employees of Plymouth City Council, employed under: NJC for Local Government Services (Green Book) JNC for Chief Officers JNC for Chief Executives JNC for Youth & Community Workers Exclusions to this agreement are employees under: National Employers Organisation for School Teachers (NEOST) School teachers and centrally employed teachers Soulbury Committee This agreement supersedes the previous Collective Agreement, known as Yellow Pages. Other Plymouth City Council Collective Agreements, such as agreements relating to Pay and Grading and Competency Appraisals, still stand and continue to have effect. However, this agreement will supersede and take precedence over any earlier Plymouth City Council Collective or Local Agreements, to the extent that any provision in such an agreement differs to or is inconsistent with any provision of this agreement. The implementation timetable is shown at Appendix A. Current rates are shown at Appendix B EMPLOYEE HANDBOOK AND POLICIES The Council maintains the Employee Handbook. Under national agreements, the council must have in place Grievance and Disciplinary Procedures. These are set out, along with other policies and procedures within the Policy Framework for the Council. The Employee Handbook will set out entitlements, protection and policies relating to employment and supplements the Principal Statement (employment contract). The Employee Handbook will be published in January of each year. The Employee Handbook does not have contractual force. THE PLYMOUTH BOOK Page 4 of 17

5 1. REMUNERATION 1.1. Pay and Grading The Council s Pay and Grading Structure, including job evaluation and role profiles are unchanged by this agreement Working week and normal working day The normal working week is defined as Monday to Saturday (six day week). Bank/Public Holidays are treated as Sunday working (plus time off in lieu). The normal hours of operation within the normal working week are 0600hrs to 2000hrs for which plain time is applied, subject to overtime and time-back arrangements Standard Working Day The standard working day, for the purposes of calculations, is 7.4 hours. The standard working week is 37 hours (1 full-time equivalent (FTE)). An hourly rate is calculated as:- basic FTE annual salary is divided by 365, multiplied by 7 and divided by Non-standard hours Non-standard hours are those outside the normal hours of operation and the normal working week. Non-standard hours are Night Working, Sunday Working or Bank Holiday Working. There are no additional payments for shift work or split shifts. Enhancements are applied up to and including scp 27 (for grades A E) on the basis of plain time plus a quarter (x1.25). Only one enhancement can be claimed at any time. From scp 28 (for grades F and above) there are no enhancement, just normal pay at plain time Overtime Overtime is payable for time worked over 37 hours in a normal working week (Monday Saturday), subject to prior management approval. Enhancements are applied on the basis of plain time plus a quarter (x1.25) for grades A E (scp 4 27). For part-time employees and employees with variable (casual) hours of work where there are no set contract hours, entitlement to overtime rates will apply for hours worked above the standard working week. In exceptional circumstances, and with prior management approval, overtime will be paid at plain time only for grades F-L Contractual overtime There is no entitlement to contractual overtime. THE PLYMOUTH BOOK Page 5 of 17

6 1.7. Bank/Public Holiday Working Employees working on a Bank/Public Holiday will be paid at time and a quarter (if grade A E) and will receive a day in lieu, equivalent to the hours worked on the Bank/Public Holiday. Employees graded F and above, will receive normal pay and will receive time off in lieu, equivalent to the hours worked on the Bank/Public Holiday Stand-by Payment Stand-by payments presently remain unchanged but are subject to review, with new rates being put into place with effect from 1 January Call-out allowances Call-out rates will be considered as non-standard hours (paragraph 1.4) with a minimum payment of 2 hours. 2. INCREMENTS AND GRADE MOVEMENTS 2.1. New Starter Pay All new starters to Plymouth City Council start on the bottom spinal column point (scp) of the evaluated grade unless their recent employment demonstrates a salary higher than this, in which case the nearest scp can be applied. The top scp of a grade should not be used as a starting salary, to ensure that an employee completes a successful probation and appraisal allowing the opportunity for an annual increment to be awarded Internal role movements For internal transfer between roles, including redeployment: Movement from one role to another at the same grade: the existing spinal column point shall be applied. This change should not impact incremental progression. Movement from one role to another at a lower grade: the top spinal column point of the lower grade shall be applied. Movement from one role to another at a higher grade: the bottom spinal column point of the new grade shall be applied. There is no pay protection resulting from internal moves or restructures Annual increments Annual increments shall be applied on 1st October each financial year subject to the employee satisfying all three criteria below: Satisfactory performance within the Council s Competency Appraisal Scheme; and Satisfactory completion of 6 months probation period (or longer where notified but not exceeding 9 months probation); and At least 6 months at the existing spinal column point THE PLYMOUTH BOOK Page 6 of 17

7 3. PAYMENTS FOR OTHER DUTIES 3.1. Ad hoc Acting Up For duties being undertaken at a higher grade (but not exceeding 3 grades higher) for a period of 3 weeks or less, an ad hoc acting up rate shall be applied at plain time and a quarter (x1.25) of the lower grade. Where the arrangement is not expected to last for more than 3 weeks but is subsequently extended beyond 3 weeks, the ad-hoc acting up rate shall apply for the first 3 weeks of the acting up period Substantive Acting-Up For duties being undertaken at a higher grade this arrangement will become substantive where it exceeds 3 weeks. The full grade (at the lowest spine point of the grade) shall be applied. Where there is a reasonable expectation that not all duties assigned to the grade will be undertaken during the acting-up arrangement, the full grade shall be applied at no less than 80% of the grade value. This arrangement must not exceed 12 months Additional Duties Additional duties will be paid at time and a quarter (x1.25) of current grade for the period that these duties are undertaken, not exceeding three months without the agreement of the Director First Aid Allowance A first aid allowance (see appendix B) is paid per year for designated first aid officers, provided they are formally recognised as first aid officers and maintain a current first aid certificate Professional Subscriptions and Registrations One professional subscription per year will be paid through payroll and deducted from an employee s salary for those professions listed by HMRC for the purposes of registration or maintaining listing. The salary deduction will be taken, in total, in the next available payroll, after the payment has been made. Employees must agree in writing for the deduction to be made, in order for such payments to be made on their behalf. 4. TRAVEL AND RELATED EXPENSES 4.1. Car user Allowance There is no essential or casual car user status, instead a car user allowance is paid based on business mileage Car user allowance rates for Petrol & Diesel Cars THE PLYMOUTH BOOK Page 7 of 17

8 Business mileage is payable at the HMRC (Her Majesty s Revenue and Customs) rates, as detailed in appendix B. This applies to all journeys within the peninsula - Plymouth City boundaries and the counties of Cornwall, Devon, Dorset and Somerset (in Peninsula) Out of Peninsula Journeys Out of Peninsula business mileage applies to areas outside Cornwall, Devon, Dorset and Somerset. The out-of-peninsula rate is 25 pence per mile. This rate will be paid for the whole journey, eg: Plymouth London. Where possible, the cheapest method of travel is chosen Mileage: Low emission cars (including electric) A more favourable mileage rate, for in Peninsula journeys, is payable, as set out at appendix B, for cars with less than 110g/km CO2 emissions, and/or in tax band A or B Passenger Allowance A passenger mileage rate, per passenger, at HMRC rates, as set out in appendix B 4.6. Motorcycle Mileage Motorcycle mileage is paid at the HMRC rate as set out in appendix B Bicycle Mileage Bicycle mileage is paid at the HMRC rate as set out in appendix B Compulsory Change of Workplace (Appendix E) No payments will be paid for compulsory change of workplace, previously known as Appendix E Travel by Public Transport Travel on trains is reimbursed at a standard rate (or second class), with appropriate receipts. Where possible, travel should be booked through the Council s corporate travel arrangements at the earliest possible time to minimise cost. Travel by bus is reimbursed with necessary receipts. Bus passes may, subject to management approval, be purchased for business use only Subsistence Subsistence may be claimed up to the HMRC allowance rate only when accompanied by a valid VAT receipt. Meal Breakfast One meal rate Two meals rate Late Evening meal Operation Irregular starter before 0600hrs. This rate does not apply if employee regularly leaves home before 0600hrs. Where an employee is away from the normal place of work for a period of more than 5 hours. Where an employee is away from the normal place of work for a period of more than 10 hours. Irregular late finisher where an employee is away from the normal place of work outside of their normal working hours and after 2000hrs THE PLYMOUTH BOOK Page 8 of 17

9 Only a maximum of three meals can be reimbursed per day. Alcohol cannot be purchased within the allowance Overnight stays Accommodation will be reimbursed for overnight stays where it is impractical for a day-return or where the overnight stay represents better value for money. Reimbursements will be made when presented with a valid VAT receipt. Payment rates can be found at appendix B Business trips abroad All journeys abroad will need prior approval of the relevant Director Reimbursement of Expenses Any officers, authorised by their Director, to claim expenses outside of The Plymouth Book must ensure that expenses are claimed via payroll. 5. ANNUAL LEAVE 5.1. Leave year The annual leave year for each employee will start on the anniversary date of the commencement of contractual employment Leave Entitlement The entitlement for annual leave is 25 days (pro-rata) including 3 `extra statutory`/`local` holidays. This is pro-rata for part-time employees. The Bank/Public Holidays (pro rata for part-time workers) during the calendar year are in addition to this entitlement. No carry over from previous employment is permitted Long Service Entitlement After 5 years` continuous service, an additional 5 days is added to the initial leave entitlement. This is pro-rata for part-time employees Chief Officers For chief officers, the minimum national conditions for Chief Officers and Chief Executives of 30 days annual leave entitlement, is permitted. There are no additional days for long service Christmas closedown The Council will consult in March of each year with Trade Unions regarding the intention to have any Christmas closedown Carry-forward of annual leave THE PLYMOUTH BOOK Page 9 of 17

10 Employees may carry forward 5 days unused annual leave (pro rata for part-time employees) which must be taken within the next annual leave year. 6. SICKNESS AND MEDICAL APPOINTMENTS 6.1. Sick pay Sick pay will be paid as per national terms and conditions, dependent on length of service. The entitlements aligned to continuous service are as follows: Length of service Period of full pay Period of half pay During 1 st year 1 month 2 months * During 2 nd year 2 months 2 months During 3 rd year 4 months 4 months During 4 th and 5 th year 5 months 5 months After 5 th year 6 months 6 months Industrial Injury Separate, but as above Not applicable * after 4 months service 6.2. Medical appointments Medical appointments are unpaid and should, wherever possible, be taken in an employee s own flexible time. The opportunity to make up hours lost through medical appointments is offered to all staff, including those on pre-defined shifts and rotas, subject to prior notification to and approval of the relevant managers. Time off for medical appointments will not be unreasonably withheld. Medical appointments at the request of the employer or related to industrial injury will be paid. Payment in respect of medical appointments related to a disability as defined by the Equalities Act 2010 will be considered in line with the duty to make reasonable adjustments. Paid time off will be given to attend ante-natal appointments, on the employee producing proof of the appointment. 7. OTHER STATUTORY ENTITLEMENTS 7.1. Maternity Leave All employees will have an entitlement of 26 weeks ordinary maternity leave (OML). There is no qualifying period. There is also an entitlement to additional maternity leave (AML) of up to 26 weeks, following the OML Maternity Pay To qualify for Statutory Maternity Pay (SMP) employees are required to have minimum continuous service of 26 weeks, calculated by the end of the 15th week before the expected week of the birth, and average weekly earnings of at least the lower earnings limit for National Insurance contributions (NIC s). THE PLYMOUTH BOOK Page 10 of 17

11 Statutory Maternity Pay may be paid for a period of up to 39 weeks, provided the employee qualifies for payment. Payments are subject to tax and National Insurance deductions. Payment of Ordinary Statutory Maternity Pay is: 90 per cent of salary for the first 6 weeks Weekly rate as detailed at appendix B or 90 per cent of average salary (whichever is lower) for 33 weeks. Qualification requires the employee to notify her manager in writing no later than the 15th week before the expected week of childbirth or as soon as is reasonably practical that: She is pregnant The date of the expected week of childbirth The date at which she intends to start maternity leave Maternity-related absence is not recorded as sickness absence and does not qualify towards sickness absence triggers or attendance targets. Annual leave entitlements continue to be accrued during all maternity leave. Sickness related to pregnancy which occurs after the 28th day before the baby is due will automatically trigger maternity leave. Additional leave outside of this scheme is unpaid Paternity rights To qualify for paternity leave employees are required to have a minimum service of 26 weeks, calculated by the end of the 15th week before the expected week of the birth. The employee must also be either the biological father of the child, the mother's partner (including same-sex relationships), or have, or expect to have responsibility for the baby/child s upbringing. Employees will have an entitlement to up to 2 weeks Ordinary Paternity Leave (OPL). There are also further eligibility criteria for an entitlement to additional paternity leave (APL) of up to 26 weeks, following the OPL from 3 April If the employee`s partner has returned to work, additional paternity leave can be taken between 20 weeks and one year, in a continuous period, after the child is born. The leave must be used to provide care and support to the mother/primary carer and/or the child and not for any other purpose Paternity Pay Statutory Paternity Pay may be paid for a period of up to 21 weeks (ordinary paternity pay plus additional paternity leave), provided the employee qualifies for payment. Payments are subject to tax and National Insurance deductions and average weekly earnings of at least the lower earnings limit for National Insurance contributions (NIC s). Payment of Ordinary Statutory Paternity is: National weekly pay cap (see Appendix B) or 90 per cent of average salary (whichever is lower) for 2 weeks. THE PLYMOUTH BOOK Page 11 of 17

12 Qualification requires the employee to notify their manager of the expected start of their ordinary paternity leave in writing at least 28 days prior to that date. Payment of Additional Statutory Paternity is: National weekly pay cap (see Appendix B) or 90 per cent of average salary (whichever is lower) for between 2 and 19 weeks. Payable during the partners 39 week Statutory Maternity Pay or Maternity Allowance period. Qualification requires the employee to notify their manager of the expected start of their ordinary paternity leave in writing at least 8 weeks prior to that date, and complete the relevant declaration form. Annual leave entitlements continue to be accrued during paternity leave Parental Leave A maximum of eighteen weeks of unpaid leave may be taken by each employed partner for each child up to the age of five years old or in the cases of adoption five years from the date of placement (or the child s 18th birthday, if that is sooner). In the case of a disabled child (defined as a child for whom disability living allowance is awarded), the entitlement is a maximum of eighteen weeks of parental leave, up to the child s 18th birthday. The minimum amount of leave taken will be one week for any block leave period unless the child is disabled. The maximum amount of leave that can be taken in any calendar year is four weeks per child. To qualify for this leave an employee must have at least one year of continuous service Adoption Entitlements If the employee meets the eligibility criteria, they may take up to 52 weeks' adoption leave. This is made up of 26 weeks' Ordinary Adoption Leave (OAL) and 26 weeks' Additional Adoption Leave (AAL). If the employee meets the eligibility criteria, they are entitled to statutory adoption pay (SAP) for 39 weeks. A flat weekly rate or 90% of average earnings (whichever is the lowest) is paid for the whole of the 39 week period. This flat weekly rate is reviewed every April. To qualify for adoption leave, the employee must: be newly matched with a child for adoption by an adoption agency have worked continuously for your employer for 26 weeks ending with the week in which they are notified of being matched with a child for adoption Annual leave entitlements will continue to be accrued during adoption leave Plymouth City Council local arrangement for adoption A lump sum of 1,000 is paid per child, to an individual or couple (if both are employed by the Authority) within the first month of adoption leave. THE PLYMOUTH BOOK Page 12 of 17

13 7.8. Plymouth City Council local arrangement for IVF and Fertility Treatment Up to 26 days unpaid leave for IVF and fertility treatment can be taken on application to the Assistant Director. This entitlement is for married couples, civil partners, unmarried couples (including same sex partners) and individuals. 8. FAMILY SUPPORT LEAVE 8.1. Death Up to 5 days paid leave will be granted by the Authority on the death of a partner, son or daughter, father or mother, step-children, mother/father of partner or the son/daughter of a partner, including same sex partners. At the discretion of the Assistant Director, such leave may also be granted following the death of a member of the extended family where the employee is a sole or shared carer or where the closeness of the family relationship warrants this. An additional 5 days leave without pay may be taken where there is no other reasonable alternative, subject to management discretion Sickness of a dependent Following an initial 5 days unpaid leave (or a combination of annual leave and/or time-back), an additional 5 days paid leave may be granted to care for dependents, provided this is authorised by the Assistant Director of the employee. A further 5 days unpaid leave may be taken where this is authorised by the Assistant Director of the Employee and where there is no other reasonable alternative for the employee Extended leave Subject to management discretion, employees may bank up to 5 days each year (pro-rata for part time employees) over a 2 year period for an extended leave break. This will allow up to 10 days (including carry-over), plus annual leave, for the year of the extended leave break. No less than 3 months notice in writing must be given for the use of extended leave Special leave The Assistant Director may, at their discretion, in consultation with the Assistant Director Human Resources & Organisational Development, grant up to 5 months unpaid leave in exceptional circumstances Public Duties Paid time off will be given to employees undertaking public duties (including election duties). Payroll will deduct any entitlement for allowances that may be claimed for public duties which the employee must claim in full, from the relevant body. Public duties include: Magistrates: entitlement to maintain the minimum attendance required. THE PLYMOUTH BOOK Page 13 of 17

14 Voluntary lifeboat and retained fire fighters: for emergency call out and up to 3 days training Special constables: for up to 3 hours per month towards the minimum requirement of16 hours per month Members of other local authorities: Not exceeding 144 hours in a 12 month period. Governors or trustees of educational establishments: Not exceeding 20 hours in a 12 month period. Non-regular armed forces: An absence of up to 10 days within a 12 month period. Jury Service: Will be granted for employees called to Jury Service. Interviews: Paid absence will be paid to employees who are at risk of redundancy to attend interviews. Trade Union time: Paid time off will be given in line with the Trade Union Recognition and Facilities Time agreement. Other public duties: Other public duties may be granted paid leave subject to an application to and agreement of the Assistant Director for Human Resources & Organisational Development, up to a maximum of 10 working days per year. 9. REDUNDANCY 9.1. Redundancy Pay In the event of redundancy, statutory redundancy pay will be paid. 10. NOTICE PERIODS Notice by the employee For employees on Grade A to Grade G notice of 4 weeks is required from the employee. For Grade H and above, a notice period of 12 weeks is required from the employee Notice by the employer After one month of employment, the notice given by the employer will be:- one week s notice during the probation period (first six months, up to 9 months where extended); four weeks notice for all employees, after successful completion of probation; after four years of continuous service, the notice period will increase by one week with each year of service, rising to 12 weeks for employees whose period of continuous employment with Plymouth City Council is 12 years. For employees with more than 12 years continuous service, the notice period will remain at 12 weeks. THE PLYMOUTH BOOK Page 14 of 17

15 10.3. Chief Officers The period of notice on either side will normally be 12 weeks, but this can be changed by mutual agreement. THE PLYMOUTH BOOK Page 15 of 17

16 APPENDIX A - IMPLEMENTATION TIMETABLE FOR THE PLYMOUTH BOOK The Collective Agreement takes effect from 14 September 2011, unless stated to the contrary below. AREA IMPLEMENTATION DATE 1.4 Non-standard hours 14 September 2011, with detriment arrangements for those eligible. New enhancements introduced for work undertaken from 14 September Overtime 1 November 2011 New enhancements introduced for work undertaken from 1November Contractual Overtime 14 September 2011, with detriment arrangements for those eligible. 1.8 & 1.9 Standby Payment and Call-out allowance January 2012 A joint review will take place to harmonise current arrangements and introduce a single rate. 4.1 Car User Allowance 14 September 2011 New car user allowance. For previous essential car users still eligible, as at 1 April 2011, the new car allowance will apply, but the lump sum payment will continue for 3 months, as a detriment arrangement 4.4 Low emission cars 14 September 2011 The new higher car allowance rate introduced for employees with low emission cars. 4.8 Compulsory change of workplace 14 September 2011 (Appendix E) 5.1 Leave year The commencement of the annual leave year starting on the anniversary date of employment (implementation date to be determined). 7.2 Maternity Provisions 1 July 2012 Reduction to statutory maternity pay. 7.4 Paternity Entitlements 1 July 2012 Reduction to statutory paternity entitlements. 7.6 Adoption Entitlements 1 July 2012 Reduction to statutory adoption pay. 7.7 Local adoption allowance 1 July 2012 Introduction of lump sum allowance 9.1 Redundancy Pay 1 October 2011 Statutory redundancy pay applies. THE PLYMOUTH BOOK Page 16 of 17

17 APPENDIX B - CURRENT STATUTORY AND OTHER RATES Allowance/Payment Rate 3.4 First Aid Allowance 156 per year 4.1 Car Allowance Rates Plymouth and Peninsula (counties of Devon, Cornwall, Somerset and Dorset) HMRC rates 45 pence per business mile up to 10,000 miles 25 pence per business mile over 10,000 miles 4.3 Out of Peninsula rate 25 pence per business mile 4.4 Low emission car rate 50 pence per business mile up to 10,000 miles. 29 pence per business mile over 10,000 miles 4.5 Passenger rate HMRC rate: 5 pence per mile per passenger 4.6 Motorcycle allowance HMRC rate: 24 pence per mile 4.7 Bicycle mileage HMRC rate: 20 pence per mile 4.10 Subsistence rates Breakfast Maximum claim: 5.00 One meal rate Maximum claim: 5.00 Two meals rate Maximum claim: Late evening meal Maximum claim: Overnight stays Bed & Breakfast: Outside of London M25 Bed & Breakfast: within London/M25 boundaries 7.1 Statutory Maternity Pay 7.4 Statutory Paternity Pay 7.6 Statutory Adoption Pay Maximum payment of 65 Maximum payment of per week or 90% of average salary (whichever is the lowest). Reviewed each April. 9.1 Redundancy Pay Statutory redundancy weekly pay cap of 450 per week. THE PLYMOUTH BOOK Page 17 of 17