Appendix A: Revised Proposals – Changes to Conditions of ...



GUIDE TO

REVISED TERMS

AND CONDITIONS

PROPOSALS

MAY 2012

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If you have difficulty reading this leaflet, please contact the Terms and Conditions Helpline: 01224 665544

INTRODUCTION

This guide has been produced to ensure all employees of Aberdeenshire Council are made aware of the new and revised proposed changes to terms and conditions of service. These have been developed in response to feedback gathered through the consultation exercise held in February 2012 and following discussions with Trade Union representatives.

One of the main concerns raised by employees through the consultation exercise was the potential impact of the proposals on the lowest paid. Management Team has looked at this issue in detail and, in order to reduce the financial impact of the proposed changes on staff providing front line services, it is now proposed that the Scottish Living Wage is introduced. In addition, allowances for working weekend and unsocial hours will be retained.

A summary of the main changes included within the revised proposals is set out in this guide. Further information on these proposals, including how they compare with the current provisions and original proposals, can be found in Section 3.

The next step is for Trade Unions to ballot their members, starting on May 21. If you are not a trade union member there is no need to take any further action, but if you have any further queries please discuss these with your line manager or contact the Terms & Conditions Helpline.

CONTENTS

|Section 1 |CONTACT INFORMATION |2 |

|Section 2 |NEW AND REVISED PROPOSALS - MAIN CHANGES |3 |

|Section 3 |HOW THE REVISED PROPOSALS COMPARE |5 |

CONTACT INFORMATION

Helpline and email address

If you have any queries about the revised proposals, please call the Terms & Conditions Helpline on 01224 665544 or email enquiries to T&CEnquiries@.uk

Your Trade Union

If you are a member of a Trade Union you can contact your local representative with any questions. The Trade Unions will be balloting members on the revised proposals during the two weeks commencing 21 May 2012.

|Unison |Inez Teece |Tel:(01224) 620624 Mobile: 07768 551304 |

| | |Email: inez.teece@.uk |

|GMB |Tony Masson |Tel: (01261) 831286 |

| | |Email: tony.masson@.uk |

|Unite |Tommy Campbell |Tel: 0845 604 8312 |

| | |Email: tommy.campbell@ |

|UCATT |Steven Dillon | |

| | |Mobile: 07894 414597 |

| | |Email: aadmin@.uk |

NEW AND REVISED PROPOSALS – MAIN CHANGES

Living Wage

The basic pay of those employees on salary grades A and B will be increased through the introduction of the Scottish Living Wage, which is currently £7.20 per hour.

Enhanced Rate Payments

Under the revised proposals, weekend working and unsocial hours allowances will be retained, with the introduction of new flat rate hourly payments, which will also apply to hours worked at night.

The current enhanced rate of time-and-one-half for working overtime will also be retained, and this will be payable for hours worked in excess of 40 per week.

Shift Working

The removal of the current shift allowance will now be achieved through a proposed buy-out arrangement, which will involve making a one-off payment to eligible employees in November 2012. This payment will be based on the total shift allowance that an employee would receive over a 15 month period, calculated using their contracted hours of work.

Following this payment, the shift working allowance will cease and employees will receive any applicable night working, unsocial hours or weekend payments.

Car Allowance Scheme

In order to ensure that the proposed HMRC mileage rates (45p for first 10,000 miles and 25p thereafter) reflect actual vehicle running costs, the Council will review these rates against the mileage cost data produced by the Automobile Association (AA) on a six monthly basis. Where the difference between the AA and HMRC rates is found to be 10% or more, the Council will review the mileage rate payable to employees.

In addition, the Council is exploring the possibility of joining Aberdeen City Council’s new salary sacrifice car leasing scheme, whereby employees will be able to lease a vehicle for both business and private use.

Cash Conservation

In circumstances where an employee’s post is re-graded to a lower rate, it is proposed that the current entitlements to cash conservation will continue to apply.

Re-gradings

It is proposed that employees will be able to submit re-grading requests as of April 2013.

Excess Travel Payments

Where an employee is required to change location, it is proposed the entitlement to an excess travel allowance is increased to two years, rather than the one year originally outlined.

Timescales

Under the original proposals it was intended to phase-in the proposed changes over a four-year period. This approach was considered appropriate due to the significant financial implications arising from the removal of the weekend working, unsocial and shift working allowances.

As the majority of original proposals have now been improved, timescales for implementation have also been reviewed and it is proposed that most of the changes will be implemented in April 2013. The table below identifies implementation dates for the various proposals.

|July 2012 |September 2012 |November 2012 |April 2013 |

|Living Wage (backdated to 1 |Car Allowance |Shift Allowance (buy-out payments|Overtime |

|April 2012) |Subsistence Payments |made) |Weekend Working |

| | | |Night Working |

| | | |Unsocial Hours |

| | | |Public Holiday Working |

| | | |Standby/Callout Payments |

| | | |Excess Travel Payments |

| | | |Re-gradings |

What happens now?

The Council’s Management Team has undertaken a series of negotiation meetings with the Trade Unions in relation to the revised proposals. While a second consultation exercise with staff will not be carried out in the same way as was done with the original proposals, the Trade Unions will now ballot their members over a two week period beginning on the 21 May.

If the revised proposals are supported…

Implementation of the new terms and conditions will commence in line with the timescales noted.

If the revised proposals are not supported…

The Council will consider the options available for implementing the proposals.

|3. HOW THE REVISED PROPOSALS COMPARE |

The tables below describe how our terms and conditions are currently applied, as well as detailing the original proposals which were consulted

on during February 2012, and the new, revised proposals. The revised proposals have been developed on the basis of your feedback and

further amendments have arisen from the recent negotiations with Trade Unions. Changes between the original and revised proposals are highlighted in italics.

In addition to amending a number of the original proposals, your feedback has also led to the development of an additional proposal which

involves implementing the Scottish Living Wage.

The proposed implementation date for each condition is identified at the top of the relevant table.

|Proposed Implementation Date: |April 2013 |

|Condition |Current Provisions |Original Proposal |Revised Proposal |

|Overtime |All non-contractual and contracted hours worked |All non-contractual and contracted hours worked |All non-contractual and contracted hours worked |

| | | | |

| |beyond 37 per week |beyond 40 hours per week |beyond 40 hours per week |

| |paid at time-and-one-half or TOIL on an equivalent basis|paid at time-and-one-quarter or TOIL taken on equivalent basis |paid at time-and-one-half or TOIL taken on equivalent basis |

| |overtime rate only applicable to specific job – ie 37 |overtime rate only applicable to specific job – ie 40 hours must |overtime rate only applicable to specific job – ie 40 hours must |

| |hours must have been worked in that job to achieve |have been worked in that job to achieve payment calculated on a |have been worked in that job to achieve payment calculated on a |

| |payment calculated on a weekly basis from Monday to |weekly basis from Monday to Sunday. |weekly basis from Monday to Sunday. |

| |Sunday. | | |

|Weekend Working |Hours worked at weekends: |Hours worked at weekends: |Hours worked at weekends: |

| | | | |

| |from midnight Friday to midnight Sunday |from midnight Friday to midnight Sunday |from midnight Friday to midnight Sunday |

| |paid at time-and-one-half |paid at time-and-one-quarter |paid at time plus a flat rate hourly payment of £3.30 |

| | | | |

| | |Removal of allowance in 2015. | |

|Night Working Hours |Hours worked |Hours worked at night: |Hours worked |

| | | | |

| |between 11pm and 8am |between 11pm and 6am |between 11pm and 6am |

| |paid at time-and-one-third |paid at time-and-one-quarter |paid at time plus a flat rate hourly payment of £3.30 |

| |payable for all hours wholly worked in the period | | |

| |specified although hours worked between 0600am and | | |

| |0800am will only attract enhanced rate if the period of | | |

| |work (shift) started on or before 0500am | | |

|Unsocial Hours |Hours worked as part of a normal working week: |Removal of unsocial hours payments. |Hours worked as part of a normal working week: |

| | | | |

| |between 8pm and 11pm | |between 8pm and 11pm |

| |on any day between Monday and Friday | |on any day between Monday and Friday |

| |paid at time-and-one-fifth | |paid at time plus a flat rate hourly payment of £1.10 |

| | | | |

|Cash Conservation |Where post is re-graded at a lower rate the difference |Cessation of cash conservation arrangements. |Current provisions will continue to apply. |

| |between the pre-grading/review and the outcome salary is| | |

| |paid in full for the first 6 months. Half the | | |

| |difference is paid for the following 6 months. After 12| | |

| |months the rate is paid at the re-graded point. | | |

|Re-gradings |Currently, re-gradings for local government employees |No re-grading submissions to be accepted for the next 24 months to | Re-grading submissions will recommence as of 1 April 2013. |

| |are not permissible until the cessation of the Single |allow for the anticipated significant transformation review work. | |

| |Status Appeals process. | | |

|Excess Travel Payments |Allowance only applies to those employees whose place of|The period over which the allowance is payable is reduced to one |The period over which the allowance is payable is reduced to two |

| |employment is changed as a result of re-organisation and|year and will only be payable for additional costs incurred in |years and will only be payable for additional costs incurred in |

| |who therefore incur additional travelling expenses. |excess of £10 per week. |excess of £10 per week. |

| |Eligible employees are paid an allowance equal to the | | |

| |difference between the cost of travelling (a) from home | | |

| |to new place of work and (b) from home to old place of |Applicable to new cases only. |Applicable to new cases only. |

| |work. | | |

| | | | |

| |The allowance is currently payable for a period of 4 | | |

| |years from the date on which the employee takes up post | | |

| |at their new place of employment. | | |

| | | | |

| |Allowance is currently 12.6p per mile. | | |

|Proposed Implementation Date: |September 2012 |

|Condition |Current Provisions |Original Proposal |Revised Proposal |

|Car Allowance Scheme |Business mileage allowance: |Mileage claimable at HMRC rates |Mileage claimable at HMRC rates |

| |Local Government Employees | | |

| |Mileage per year Rate per mile |Mileage per year Rate per mile |Mileage per year Rate per mile |

| | |0-10,000 45p |0-10,000 45p |

| |0-10,000 40p |10,001+ 25p |10,001+ 25p |

| |10,000 + 25p | | |

| | |No lump sum will be payable. |No lump sum will be payable. |

| |lump sum is based on a sliding scale as detailed below. | | |

| |payable in 12 monthly instalments between May and April |For employees who are required to regularly use their vehicles for |In order to ensure that the above mileage rates reflect vehicle |

| | |Council business, alternative methods of transportation have been |running costs, the Council will review the HMRC mileage rates in |

| |Miles Claimed Annual Lump Sum |identified and implemented, where practicable, to include the |circumstances where the mileage cost data produced by the |

| |1,000 – 1,999 £100 |following: |Automobile Association (AA) indicates that the “average AA Rate” is|

| |2,000 – 2,999 £200 | |10% more or less than the HMRC rate i.e. 45p per mile. These |

| |3,000 – 3,999 £300 |the provision of council vehicles to individual postholders (these |reviews will be undertaken on a six monthly basis. |

| |4,000 – 4,999 £400 |vehicles will be used for business purposes only); | |

| |5,000 – 5,999 £500 |the use of pool vehicles which would be made available for use at |For employees who are required to regularly use their vehicles for |

| |6,000 – 6,999 £600 |various locations |Council business, alternative methods of transportation have been |

| |7,000 – 7,999 £700 |introduction of a car lease scheme, whereby employees can lease a |identified and implemented, where practicable, to include the |

| |8,000+ £800 |vehicle for both business and private use. |following: |

| | | | |

| | | |the provision of council vehicles to individual postholders (these |

| | | |vehicles will be used for business purposes only); |

| | | |the use of pool vehicles which would be made available for use at |

| | | |various locations |

| | | |introduction of a car lease scheme, whereby employees can lease a |

| | | |vehicle for both business and private use. |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

|Proposed Implementation Date: |November 2012 |

|Condition |Current Provisions |Original Proposal |Revised Proposal |

|Shift Working |Where criteria are met: |Removal of all shift allowance payments over a 3 year period. |Removal of all shift allowance payments as of January 2013 through |

| | | |a buy-out arrangement. |

| |All hours worked paid at time-and-one-fifth | | |

| | | |Employees in receipt of a shift allowance as at November 2012 will |

| |Maximum number of weeks over which shift pattern must | |be eligible for a buy out payment. This will be based on the total|

| |operate is four. | |shift allowance that an employee would receive over a 15 month |

| | | |period, calculated using their contracted hours of work. |

| |Shift pattern must cover a minimum of 12 hours with all | | |

| |hours being worked at some point during the period over | | |

| |which the shift pattern operates. | | |

| | | | |

| |Each of the seven days of the week must be worked during| | |

| |the four week period or less. | | |

|Proposed Implementation Date: |September 2012 |

|Condition |Current Provisions |Original Proposal |Revised Proposal |

|Subsistence |Reimbursement of actual expenses reasonably incurred by |Subsistence payments are suspended for an initial 12 month period, |As per original proposal. |

| |an employee travelling on the business of the Council if|with the exception of payments arising from evening meals, which | |

| |they are prevented from taking their meal at their home,|will continue to be payable at the current rate. | |

| |recognised administrative centre or establishment where | | |

| |they normally take their meals and have incurred |Lunch vouchers issued to employees attending training days are | |

| |additional expenditure. |temporarily withdrawn for an initial 12 month period. | |

| | | | |

| | | | |

|Proposed Implementation Date: |April 2013 |

|Condition |Current Provisions |Original Proposal |Revised Proposal |

|Public Holiday Working |If required to work on Public Holiday, the premium |If required to work on a public holiday, entitlement would be: |As per original proposal. |

| |payments are: | | |

| | |plain time plus TOIL based on actual hours worked | |

| |Normal hours – double time plus day off in lieu | | |

| |Overtime – time-and-one-half |or | |

| |Additional hours – double time | | |

| | |double time in complete recompense | |

| | | | |

| | |Provision applies in all circumstances, including where employee is| |

| | |undertaking additional hours or overtime. | |

|Payment of enhancements | |Where an employee is due to work on a Public Holiday, at a weekend,|As per original proposal |

|during periods of sickness| |night or evening and is unable to do so due to sickness, the | |

|absence | |relevant enhancement(s) will not be included within their sick pay.| |

| | | | |

|Standby |All employees except social workers: |Align Social Workers with all other Local Government Employees |As per original proposal |

| | | | |

| |Complete week of standby £80.76 |No change to rates of standby payments currently offered. | |

| | | | |

| |each public holiday or extra statutory holiday: £15.15 |Remove disturbance and call out allowance for staff in receipt of a| |

| | |standby allowance. | |

| |For broken periods of standby duty : | | |

| | |Where an employee on standby is called out to work, and that | |

| |Monday to Friday - per night: £8.04 |call-out is in excess of one hour, the employee will be entitled to| |

| |Saturday (per 24 hrs): £17.13 |claim payment at appropriate overtime rates for the whole of the | |

| |Sunday, public/statutory holiday (per 24 hrs): £23.33 |period of disturbance. | |

| | | | |

| |Disturbance and call out to employees on standby | | |

| | | | |

| |Each occasion employee is contacted which results in | | |

| |exercise of skills, at employee’s home or elsewhere: | | |

| | | | |

| |payment of £12.90 | | |

| |one payment within each period of two hours, from the | | |

| |commencement of the standby session. | | |

| | | | |

| |Where an employee becomes entitled to the payment above,| | |

| |and where that or a subsequent disturbance or call out | | |

| |is in excess of one hour, the employee is entitled to a | | |

| |further payment for the whole of the period of | | |

| |disturbance and call out at appropriate overtime rates. | | |

NEW PROPOSAL

|Proposed Implementation Date: July 2012 (backdated to 1 April, 2012) |

| | |

|Living Wage |Introduce Living Wage allowance: |

| | |

| |all employees on salary grades A (£6.17 - £6.46) and B (£6.85 - £7.16) to receive an allowance to bring their basic hourly rate up to the Living Wage of £7.20 per hour |

| |amount to be reviewed annually |

| |backdated to 1 April 2012 |

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