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The Trade Union and Professional Association for Family Court and Probation Staff |
NATIONAL NEGOTIATING COUNCIL FOR THE PROBATION SERVICENATIONAL AGREEMENT ON PAY AND CONDITIONS OF SERVICEAPRIL 2001CONTENTS 1. This handbook sets out the terms and conditions negotiated at national level for employees covered by the National Negotiating Council for the Probation Service (the NNC). This NNC and its predecessors covering probation staff have a long history going back to 1950. APT&C and manual employees were originally covered by local government arrangements, but in April 1997 the NNC brought all probation staff (other than chief officer grades) under a single national negotiating body. 2. The handbook sets out the national terms and conditions which transferred to the new probation boards on 1st April 2001. In addition, the handbook includes a number of model procedures. 3. The NNC's guiding principles are to support and encourage: (a) high quality service delivered by a well trained, motivated workforce with security of employment. To this end, probation boards are encouraged to provide training and development opportunities for their employees; (b) equal opportunities in employment; equality as a core principle which underpins both service delivery and employment relations; and both the removal of all discrimination and promotion of positive action; (c) a flexible approach to providing services, which meets the needs of employees as well as probation boards; (d) stable industrial relations and negotiation and consultation between probation boards as employers and recognised trade unions. 4. The NNC wishes to emphasise the joint nature of the decisions set out in this handbook and to remind probation boards of the value of affording opportunities to employees, through their representatives, for consultation and where appropriate joint decision making. The handbook sets out the terms and conditions of employment which the NNC expects every probation board to honour. Where there are matters for the exercise of discretion and there is a complaint of unreasonable exercise of discretion, then the normal conciliation functions of the NNC are available for assistance. SECTION I CONSTITUTION 1. Title The Council shall be known as the National Negotiating Council for the Probation Service, hereinafter referred to as "the NNC". 2. Scope The functions of the NNC shall relate to all employees of probation boards in England and Wales where they are not covered by other national negotiating machinery. 3. Functions The functions of the NNC shall be: (a) to seek to maximise joint agreement and action with regard to pay and other national conditions of services for staff; (b) to seek to establish model conditions of service or guidelines to apply in the absence of other locally agreed arrangements; (c) to encourage, wherever possible, the local resolution of differences regarding the interpretation of the national agreement. Where, despite these full endeavours, the difference is not resolved, the matter may be referred to the Joint Secretaries for assistance. Should this approach not lead to the resolution of the difference, the matter will be referred to the NNC for determination; (d) to encourage, wherever possible, the local resolution of disputes. Where, despite these full endeavours, the dispute is not resolved, the matter may be referred to the Joint Secretaries for assistance. Should this approach not lead to the resolution of the dispute, the matter will be referred to the NNC. 4. Membership (a) The NNC shall consist of members, as follows: Employers' representatives The Employers' Side will consist of representatives of the Probation Boards' Association and the National Probation Directorate. Trade Union representatives The Trade Union Side will consist of representatives of NAPO and UNISON in accordance with arrangements agreed between the two unions. (b) The Joint Secretaries will also attend meetings but shall not have the power to vote. (c) If any of the above bodies fail to appoint the number of representatives provided for, such failure shall not invalidate decisions of the NNC. (d) In the event of a member being unable to attend any meeting of the NNC, the body represented by the member shall be entitled to appoint a substitute. (e) All members of the NNC shall retire on 31st March each year, but shall be eligible for reappointment. (f) Should a casual vacancy occur a new member may be appointed by the relevant body. Any such new appointment shall be until next 31st March. 5. Meetings There shall be an annual general meeting as soon as practicable after 31st March each year. Ordinary meetings may be held by agreement of the sides whenever necessary. Special meetings shall be held if so requested by one half of the members of either side of the NNC, and shall take place within 14 days of such notice being received. In the event of a special meeting being called, the requisition and notice shall state the nature of the business required to be transacted: no other business is to be transacted. 6. Chair and Vice-Chair The NNC shall appoint a Chair and Vice-Chair at each annual general meeting. The Chair shall alternate annually between the Employers' and Trade Union Sides. When the Chair is with the Employers' Side the Vice-Chair shall be appointed from the Trade Union Side and vice-versa. 7. Officers The NNC shall appoint Joint Secretaries and may appoint a Treasurer, Auditor and such other staff, if any, as it decides. 8. Co-opted Members The NNC may invite the attendance of any person whose special knowledge is considered would be of assistance. Such a person would not have the power to vote. 9. Sub-Committees The NNC may appoint any sub-committees or working parties it considers necessary. Any such sub-committee or working parties are to be fully accountable to the NNC and will be composed primarily of its members. The quorum shall be 8 members of the NNC divided equally between the two sides. In the absence of a quorum no formal business may be transacted. The business to have been transacted shall be carried forward to the next meeting when it shall be the first business to be considered. In the event that a special meeting is inquorate, a further special meeting is to be convened within 14 days. 11. Voting The voting of the NNC shall be by show of hands or otherwise as the NNC shall determine. No resolution shall be regarded as carried unless it is approved by the majority of the members present and voting on each side of the NNC. 12. Notice of Meetings All notices of meetings of the NNC shall provide full details of the business to be transacted and agendas shall be sent to members at least seven days before the date of a meeting. Such notices shall be sent simultaneously to each body represented on the NNC. 13. Minutes Minutes of any meeting of the NNC shall be produced at the earliest possible date. 14. Settlement of Differences Both sides of the NNC will always use their full endeavours to settle any differences within the NNC itself. If all attempts to resolve any differences within the NNC fail then both sides may refer the matter in dispute to an agreed third party e.g. the Advisory Conciliation and Arbitration Service for conciliation or arbitration. Only as a last resort would either side refer the matter in dispute to such a third party unilaterally. 15. Finance The administrative expenses of the NNC and its sub-committees or working parties shall be borne equally by the two sides. This shall exclude expenses of representatives which shall be met by the respective sides. 16. Amendment of Constitution Amendment of this constitution may be proposed only after notice thereof has been given to the Joint Secretaries and circulated to the members of the NNC and to each of the organisations referred to in paragraph 4 hereof at least three months before the meeting at which the proposal is to be moved. Any proposal to amend this constitution must be approved by a majority of at least two thirds of the members present and voting at the meeting at which it is moved; and any amendment of paragraph 3 and 4 hereof must receive the assent of all the organisations referred to in paragraph 4 hereof. SECTION II APPOINTMENT 1. Probationary Period The appointment of every new entrant to the service of a probation board shall be subject to a term of probation of not less than three, or more than six months. At the end of the probationary period, and subject to a satisfactory report by the chief officer or other designated officer, the employee shall be transferred to the established staff. This rule of probation service shall not apply to an employee transferred from the service of another probation board or from any other service accepted by the employing board appropriate to the post to be filled. 2. Induction of Newly Appointed Probation Officers A procedure for the structured induction of newly qualified probation officers who have achieved the award of Diploma in Probation Studies is set out in Appendix A. The procedure also applies to probation officers who have been appointed following other training arrangements. 3. Reduction in Grade A probation officer appointed to the grade of senior probation officer or above may, for sufficient reasons, be reduced in grade by the probation board but, before being so reduced, shall be given not less than one month's notice thereof in writing. Where a reduction in grade is the result of a breach of disciplinary rules, see also Section IX. 4. Continuous Service (a) for the purpose of (i) Section VI para I (sickness payments), (ii) Section VI para 2 (maternity leave), and (iii) Section V para B (1), (a) (ii) (annual leave) of the Code of Conditions, previous continuous service will include service with any public authority to which the Redundancy Payments Modification Order 1983 (as amended) applies. In addition, the service of probation officers serving in the Probation Inspectorate, time spent as a person sponsored by the Home Office for qualification as a probation officer and time spent as a full-time lecturer in social work (with or without a caseload) shall be treated as continuous service for the purpose of this paragraph. In other circumstances, it shall be at the discretion of the probation board to decide whether previous service with other employers is to be counted for these purposes, (the Joint Secretaries are available to advise boards if required). (b) Where an employee is made redundant and subsequently returns to the Probation Service, there shall be entitlement to have previous service taken into account in respect of the provisions set out in (a) above, provided the break in 1service does not exceed two years regardless of whether there has been other paid employment in the meantime. Such service shall also be taken into account in calculating entitlement to period of notice. (c) Where an employee returns to the Probation Service following a break for maternity reasons, she will be entitled to have previous service taken into account in respect of the provisions set out in (a) above provided that the break in service does not exceed 8 years and also provided that no permanent full-time paid employment has intervened. Such service shall also be taken into account in calculating entitlement to period of notice. (d) Where an employee who transferred from a probation committee to CAFCASS on 1.4.2001, subsequently returns to a comparable post in a successor probation board in the period up to 31.3.2003, the employee will be appointed on terms and conditions as if continuous service had applied in the intervening period. 5. Recognition of Work Experience A probation officer who is appointed after a break in service of more than three months shall receive recognition of work experience as detailed in Appendix B. 6. Periods of Notice (a) Resignation The minimum period of notice to terminate employment to be given by an employee to his or her probation board shall normally be the ordinary period from one payment of salary or wages to the next, subject to this being a minimum of one month. These arrangements shall not prevent a probation board or an employee from giving or agreeing to give a longer period of notice than the minimum. (b) Termination A probation board may dismiss an employee without notice on the grounds of misconduct and may, for sufficient reason, terminate an employee's appointment by giving him or her not less than the statutory minimum period of notice specified in the Employment Rights Act 1996, subject to this being a minimum of one month. The minimum statutory periods of notice are: Continuous Service Period of Notice One month or more, (c) Continuous Service For the purpose of assessing continuing service, all previous continuous service with any probation board or predecessor committee or any employer referred to in paragraph 4 of this section including circumstances where the probation board exercises its discretion, shall be aggregated. SALARIES AND GRADING PROVISIONS 1. General All posts shall be paid a base salary in accordance with the salary spine contained in the Pay and Allowances card at Appendix X. Minimum and maximum base salaries for particular groups of staff are set out in Appendix C. A base salary is the salary payable before the addition of any allowances or other supplements. General practices adopted locally regarding spine usage should be the subject of consultation with local Trade Union Side representatives with a view to reaching agreement. 2. Allocation of salary ranges to specific posts (a) Probation Officers and Senior Probation Officers Probation officers and senior probation officers shall be paid on a range in accordance with the salary spine subject to base minima and maxima as set out in Appendix C. (b) Senior Practitioners (or equivalent) and Area Managers (or equivalent) Probation boards in discussion with local staff representatives shall allocate to such a post a range of increments from the salary spine as follows: (i) Senior Practitioners - 22 one percent consecutive increments (ii) Area Managers - 19 one percent consecutive increments Appendix C sets out the limits from which the range shall be chosen. This will depend upon identifiable factors such as the span of management or budgetary responsibility, taking account of other existing posts within the probation board. Probation boards will need to have regard to the employee's current earnings or otherwise local circumstances when accommodating employee's to their ranges. Existing employees appointed to newly identified probation roles will have personal protection in respect of their existing scales and terms and conditions of service. The terms of the agreement which introduced these new roles are set out in Appendix D. (i) The probation services' officers establishment of each board shall be determined by the board by allocating a definite number of posts to suitable scales, the allocation being determined by reference to duties and responsibilities attaching to each post. The establishment shall be reviewed at regular intervals. (ii) There are 4 salary bands for probation services' officers grades. Probation boards, in discussion with local staff representatives, shall allocate posts or groups of posts to the appropriate band having regard to the nature and level of the duties and responsibilities in line with the benchmarks described below. Staff will be allocated to a salary scale of thirteen one per cent points selected from one of the salary bands set out below. This norm will not be exceeded except by joint agreement between probation boards and local staff representatives. The scales applicable to these bands are set out in Appendix C. BAND A - Posts where employees are employed in genuinely assistant roles where the postholder is not required to exercise much individual discretion. BAND B - Posts where employees are employed in work which is more demanding or carries a higher level of individual responsibility. This is seen as the band from which pay scales should be drawn for the majority of employees who are expected to function on an individual basis within established policy and clear discretion, but who would normally have immediate access to more senior staff. BAND C - Posts where employees who are expected to work autonomously within established policy and clear general direction, who are expected to undertake more demanding work which requires the carrying of a higher level of individual responsibility or where a significant element of individual initiative is required, but who may not normally have immediate access to more senior staff. BAND D - Posts of more senior staff who carry direct responsibility for aspects of service delivery and/or for whom line management functions are a significant element of their posts. Whilst probation boards are free to establish the level of such scales, these should relate closely to the pay of other employees in the service who are conditioned to other pay arrangements but who carry comparable levels of responsibility and are considered to have a similar status. (iii) In selecting an appropriate scale of 13 consecutive increments from within the relevant band the following criteria should be considered: · complexity of tasks required The scale applied should reflect an appropriate balance of these factors. (iv) An employee has a right of appeal regarding the grading of their post. This is set out in Section VIII. (v) Starting salaries should be determined in accordance with experience and qualifications and the level of duties and responsibilities to be undertaken. Progression should then be to the maximum of the scale applicable to the post. (vi) Salary levels of senior and professional officers should be determined locally, each such employee should, however, be paid on a scale made up of at least 13 consecutive increments taken from the single spine. (vii) Employees in post on 1st February 1994 had their existing salary point and the maximum of their existing grade protected. (d) Other Employees Other employees shall be paid on a range in accordance with the salary spine subject to base minima and maxima as set out in Appendix C. In determining the salary grade for each of the 'Principal Officer' posts the probation board is to choose any ten consecutive points from the range set out in Appendix C. In deciding the level of the grade so chosen probation boards shall have regard to the scope of the duties and responsibilities involved. (e) Staff in Residential Homes (i) Benchmark Grade The benchmark grade has a minimum of spinal column point 84. The grade must be comprised of at least ten consecutive spinal column points. The description of the benchmark grade below is representative but not comprehensive and the balance of work will vary between settings. However, this benchmarking grade will apply only to jobs formed mainly of tasks at this level, (acknowledging that jobs will entail work at a higher or lower level from time to time). The benchmark grade applies to employees who, with supervision and advice, and in consultation with other professionals where appropriate, are responsible for: · monitoring admissions Administrative tasks may be associated with these functions. In addition staff may be expected from time to time to support less experienced staff. (ii) All other Posts The grading of posts with responsibilities that are materially different (either above or below the benchmark) from those set out above, is to be locally determined by operation of the procedures normally adopted by the local parties. Scales will have not less than ten consecutive spinal column points. (f) Trainee Probation Officers The Scheme setting out the terms and conditions for Trainee Probation Officers is set out in Appendix E. This also includes: (i) Joint Guidance on the Scheme (Appendix F) (ii) Poor Performance Procedure for Probation Trainees (Appendix G) (g) Part Time Employees A part time employee shall be paid the appropriate proportion of the salary to which he or she would have been entitled if employed on a full-time basis. (h) Temporary Employees Temporary employees shall not be recruited except for duties recognised as seasonal or of a limited duration. A temporary employee shall be paid the salary to which he or she would be entitled if employed as an established employee. 3. Allowances paid through the salary spine (a) London Fringe Allowances are paid through the salary spine. Unsocial Hours and Standby payments can be paid through the salary spine in accordance with Section V. (b) The former agreements covering the payments of Locally Awarded Recruitment and Retention Payments (LARRPS), and Locally Awarded Payments (LAPS) and Excess Rates ceased to apply when the salary spine was introduced in 1994. For employees in service as at 9 December 1994 these allowances were absorbed into salaries. These payments can be withdrawn where the employee is no longer employed by the same probation board, or where the recruitment/retention situation in the employee's new location does not justify an equivalent payment. (c) In the event of serious recruitment and retention difficulties the probation board may enhance the basic salary of an employee by up to six new increments of the spinal column (up to 8 new increments in exceptional circumstances e.g. in Metropolitan Areas) . Such an enhancement is withdrawable should the payment no longer be necessary or justified. 4. London Allowances (a) Inner and Outer London Allowances will be paid as a separate supplement to relevant employees in accordance with Appendix X. (b) Fringe allowances will also be paid to employees working in areas surrounding London as defined in Appendix H. Such payments should be made through the spinal column. (c) Where a probation board is immediately outside the current London Fringe boundary, or where the board has only certain designated offices within such a boundary, so that an equivalent benefit would be available in the offices, and where serious recruitment and retention difficulties arise, probation boards can use the spine to enhance salaries to the extent necessary and justified. Such enhancements whilst paid within salaries would be withdrawable. (d) An employee seconded to another probation board, other than his or her own, shall continue to receive any such payment made by the employing board. (e) London and Fringe Area Allowances are only withdrawable should the employee leave the board in question. 5. Starting Salaries When appointing new staff, probation boards are to review whether any payments in lieu of Locally Awarded Recruitment and Retention Payments (LARRPS), Locally Awarded Payments (LAPS) or the former Excess Rates remain appropriate. Conversely, a probation board can advertise a post to be filled by appointment or the transfer of an employee at a higher salary than might otherwise be the case where recruitment difficulties arise whilst having regard to the relativity of salaries for similar staff. Probation boards can also appoint mature entrants above the normal starting salary. 6. Increments (a) An employee's incremental review date will normally be on 1st April each year (this excludes probation officers appointed to their present post prior to 26th October 1995. In these cases the review date will normally be on the anniversary of his or her appointment to that grade). (b) An employee shall receive three new increments each year on their incremental review date until the maximum of their part of the scale is reached notwithstanding a break in service of less than 3 months. Incremental progression is also subject to the following: (i) increments may be accelerated within an employee's scale at the discretion of the probation board on the grounds of special merit or ability. Up to three increments may be awarded in any year. When deciding to award additional increments, the probation board should have regard to the employee's all-round fulfilment of the job (which could include the attainment of a relevant post-entry qualification) during the year in question. (ii) increments may be withheld where an employee's service is unsatisfactory, subject to the employee having the right to invoke the locally adopted grievance procedure. However, where increments are to be withheld on a second or subsequent occasion this can only be done where the employee is being dealt with under the formal capability procedure or the disciplinary procedure. In any event, where increments are to be withheld, the employee will be given at least one month's notice in writing. Such notification is to include details of the mechanism for challenging the decision to withhold. Any increments withheld will be implemented immediately where subsequently the employee's service becomes satisfactory. When increments are restored the employee will be placed on the relevant point at the scale that would have been achieved had the increment not been withheld. There will however be no subsequent payment made to cover the actual period when the employee's service was unsatisfactory. Note: The above points are made because it is not intended that incremental decisions be related solely to any single process but should instead be a reflection of a broad and consistently held view of the employee's fulfilment of the job across the year in question. Such decisions therefore should not be driven by the staff appraisal process. It would, of course, be advisable for consistent messages to flow from these and other processes which give staff feedback on how they are fulfilling their jobs. (c) Employees with less than six months' service in the grade on 1st April shall not receive normal incremental progression on that date. Such employees shall be granted their first increment six months after their appointment, promotion or regrading. Alternatively additional increments should be awarded on appointment, promotion or regrading to offset any loss incurred because of the wait for normal incremental progression. Normal incremental progression will then take place on the following 1st April. The following are provisions specific to probation officers: (i) A probation officer shall receive an additional three increments of 1% for each complete year of experience as a qualified social worker. (ii) A main grade probation officer who, after 9.12.94, takes a locally agreed career break or is reappointed after a break in service as provided for in Appendix B , shall be treated as "existing staff" for the purposes of the 1994 spinal column agreement. (iii) Breaks in service spent in employment as a qualified social worker shall be disregarded. (iv) For the purpose of salaries a probation officer's service shall be deemed to be continuous notwithstanding an interruption if the interruption does not exceed three months in duration. (v) Following unpaid leave (other than sick leave) in excess of three months, normal payments of an increment should be deferred by the period of unpaid leave, unless at the request of the probation board the Secretary of State approves that it need not be. (vi) On re-appointment to the same grade after a break in service or on appointment as an established officer following service as a temporary officer, an officer's salary shall be determined as in Paragraph 2 (a), where appropriate. For staff appointed before 26th October 1995 the officer's incremental date will normally be the anniversary of this latest appointment. However, when an officer has completed odd months of service as a qualified social worker or qualified probation officer and that service is not reflected in the anniversary date, the incremental date shall be advanced by that number of months. When the number of such months equals eleven, the period shall be converted as a full year and a further increment awarded. (vii) Probation officers with previous periods of service as a senior probation officer shall be placed on the same point of the scale as when they left the service. (viii) Annual increments shall be granted to a temporary officer after each completed year of actual service, i.e. not counting any breaks in service. (ix) When a probation officer on temporary promotion is appointed to the grade substantively without a break in his or her service, his or her incremental date shall be the anniversary of his or her temporary promotion. (x) The appropriate proportion of an increment shall be paid to a part-time officer on each anniversary of his or her appointment to the maximum allowed. 7. Three Year Salary Reviews on Scale Maximum (a) An employee who has completed three years' service at the maximum of their part of the scale shall be eligible for a salary review. Thereafter he or she will be eligible for a salary review every three years. (b) The criteria for eligibility for this facility is special merit or ability having regard to the all round fulfilment of the job which could include the attainment of a relevant post entry qualification during the three year period. (c) Any award made will be of one additional incremental point. The facility is limited to the award of up to six new incremental points covering the total period for which the employee is in the particular grade. 8. Promotion In order to ensure that any promotion is financially worthwhile, probation boards should give consideration to the new basic pay being at least 3 new increments of one per cent higher than the employee's previous basic pay. Additionally, probation boards should take account, within the new salary, of increments that would have been due within the next six months had the employee remained in the previous post. Any payment in lieu of a Locally Awarded Recruitment and Retention Payment (LARRP) or Locally Awarded Payment (LAP), or any payment for Unsocial Hours, Standby or London Fringe Allowance that remains appropriate for the appointing probation board will continue to be paid to the employee being promoted. Where an employee receives a protected Excess Rates payment they should continue to receive that payment on promotion to a grade where Excess Rates continue to be payable, whilst employed by the same probation board. 9. Temporary Promotion An employee who is required to perform the duties of a higher graded post may be appointed temporarily to that grade. (a) (i) An employee who, for any reason other than the annual leave of another officer, is required by the chief officer or by the probation board, as the case may be, to perform the full range of duties of a higher graded post (excluding the evaluation of individual employees that would have been undertaken by the absent supervisor), for a continuous period of at least four weeks shall be entitled to receive a salary in accordance with the grading of the post temporarily occupied. The salary to be paid in such circumstances will be the salary payable were the employee promoted to the higher grade post. Once the qualifying period of four weeks has been satisfied, the higher salary will date from the first day on which the employee was required to undertake the duties and responsibilities of the higher graded post; (ii) This provision will apply only where an employee is required to undertake the full range of duties and responsibilities of the higher graded post; it will not, therefore, be applied in cases where the duties and responsibilities are shared between two or more employees; (b) (i) Where an employee performs duties outside the scope of his or her post over an extended period, or where the additional duties and responsibilities involved are exceptionally onerous, and the conditions under (a) above are not satisfied, the probation board shall consider and may grant an honorarium (of an amount dependent upon the circumstances of each case). 10. Pension Rights Employees are encouraged to participate in the Local Government Pension Scheme. Details of the scheme applying to any probation area can be obtained from the probation board. 11. Environment Allowance Employees seconded to prison service establishments will be paid an environment allowance specified in Appendix X. The allowance will be paid proportionately to employees seconded on a part-time basis. 12. Model Job Evaluation Scheme The NNC has agreed a model job evaluation scheme as an interim measure intended to help the Service through the transition process. This is set out at Appendix W. ALLOWANCES 1. Travelling Allowances A probation board shall reimburse to an employee the actual expenses of travelling reasonably incurred by the employee in the course of duty. 2. Motor Car Allowances (a) A probation board may authorise an employee to use his or her motor vehicle or bicycle in the course of duty. (b) An employee so authorised shall be entitled to receive a reasonable allowance in accordance with such grading as the probation board may determine, e.g. by reference to the nature of the user, or horsepower or cubic capacity of car considered appropriate. (c) A probation board shall not make it a condition of appointment that an employee shall provide a motor car for carrying out his or her official duties. (d) Employees requiring the use of motor cars for the efficient performance of their duties fall into the following classes: Casual Users: those for whom it is merely desirable that a car should be available when required; and Essential Users: those whose duties are of such a nature that it is essential they should have a motor car at their disposal whenever required. (i) Casual Users' Allowances The scale of allowances to be paid to employees for the casual use of private motor cars while engaged on official duties shall be as set out in the Pay and Allowance card, with the proviso that a casual user shall not at any mileage figure receive more than he or she would have done had he or she been receiving the essential users' allowance. (ii) Essential Users' Allowances An employee whose probation board resolves that it is essential in the interests of the efficient conduct of business that the employee shall be permitted to use his or her private car in carrying out his or her official duties, shall be entitled to receive the lump sum allowance and mileage rates that are set out in the Pay and Allowance card. Note: In cases where a probation board authorises the use of a car in excess of 1450 c.c. it will fix appropriate allowances not lower than those prescribed for the category 1200 c.c. - 1450 c.c. (e) Payments of the lump sum allowance under sub-paragraph (ii) above shall be made by instalments so that the amount of the total payments on accounts shall bear to the lump sum the same proportions as the number of completed months of the annual allowance period bears to twelve. (f) The period over which the car allowances are paid should be from the 1st April in any year to the succeeding 31st March. (g) In the case of an employee who takes up an appointment after 1st April in any year, or leaves the probation service, the allowance should be so calculated that the amount payable bears the same proportion to a full year's allowances as the number of months in the year during which the employee uses his or her car bears to twelve. The calculation of the mileage allowance would then be made on a proportionate basis in accordance with the following procedure: (i) The mileage allowance to be paid at the higher rate would be equivalent to 709 miles per month of service; (ii) The excess over 709 miles per month of service would be paid at the reduced rates, e.g. where the total service in the financial year is five months, then up to 3,545 miles would be paid at the lower rate. (iii) Similarly, the lump sum payment should be divided into twelve monthly payments. Where a probation board pays the allowance quarterly, the appropriate calculation should be made on the basis of dividing by four instead of twelve. (iv) When an employee leaves the service of a probation board, a calculation shall be made in respect of his or her entitlement for the portion of the year served with the board and any necessary adjustments made thereafter. Note: Allowances paid in respect of the use in the course of duty of vehicles (including motorcycles) other than motor cars and of motor cars with a cubic capacity rating below 450c.c. and of bicycles shall be determined by the probation board. The Joint Secretaries are available to advise on appropriate rates. (h) The allowances at Appendix X will be reviewed each year to take effect from 1st April or during the year as necessary 3. Assisted Car Purchase Scheme A probation board may give financial assistance to any employee to enable him or her to buy a car where the board is satisfied that the use of a car by that employee is necessary for the proper performance of his or her duties. The conditions of application are set out in Appendix I. 4. Travel, meals and overnight accommodation (a) A probation board shall reimburse to an employee the actual expenses of travel reasonably incurred in the course of duty. (b) Employees necessarily incurring additional expenses in the course of their work in respect of travel, meals or overnight accommodation shall be reimbursed approved expenses, subject to appropriate evidence of expenditure being produced, and subject to maximum levels as in Appendix X. Employees who travel by rail and necessarily take a meal in a restaurant car shall be reimbursed the actual cost of a standard meal. (c) Additional expenses beyond the maximum levels may be reimbursed in exceptional circumstances and where authorisation has been given to the employee prior to the expenditure being incurred. (d) These maximum levels will be increased each 1st July in accordance with the 1st April salary increase. (e) Where employees who are not eligible for overtime payments continue to work at their normal place of employment outside their normal hours after 8.30 p.m., the evening meal payments shall be payable. Tea and evening meal allowance will not be paid in respect of the same evening's work, except on Saturdays or Sundays. 5. Expenses for candidates for interview (a) Expenses shall be in accordance with the travelling and subsistence allowances paid to employees. (b) Expenses of candidates will not be paid until after the conclusion of the interview and, in the event of a candidate withdrawing his or her application or refusing the offer of employment on grounds which in the opinion of the interviewing probation board or officer are inadequate, no expenses will be paid. The expenses of a candidate appointed to a post will not be paid until he or she enters upon his or her duties except in the case of an employee on first appointment. Any other expenses necessarily incurred by him or her will be payable only on production of receipted vouchers, except for items of a minor nature, for example bus fares. (c) The conditions shall be brought to the notice of candidates when the request for their attendance for interview is made. (d) Expenses shall be paid with the least possible delay. (a) General (i) These provisions apply to employees required to move in consequence of a decision by a probation board, including any newly qualified probation officer required to move on completion of training as a Trainee Probation Officer. At the discretion of the probation board, provisions may also be made to an employee who moves his or her home in consequence of a voluntary transfer from another probation board or on first appointment to the probation service. (ii) In all cases the probation board shall be satisfied that the expenditure which an employee incurs is necessary expenditure and has been approved in advance. All claims must be supported by receipts. (iii) Payments under (b) below will be dependent upon removal, sale and purchase taking place within 18 months of the employee taking up the new appointment. (iv) As part of any relocation, probation boards will be expected to reach agreement with recognised trade unions at local level on what constitutes a reasonable travelling area. (b) Allowances (i) Removal leave and expenses (where necessarily and actually incurred): · Cost of removal of furniture and effects from the employee's old home to new, including insurance of goods in transit. · Any necessary cost of storage of furniture effects for a period not exceeding twelve months, where a permanent move cannot be made immediately. · Reimbursement, as referred to in the previous two bullet points, is to be equal to the amount of the lower of two competitive tenders (provided that the employee can engage the contractor of his or her choice if he or she pays the difference in cost between this and the lower tender). · Travelling expenses and meals (as per paragraph 4 of the Agreement) for the employee and dependants from the old home to the new at public transport rate (standard class if rail) or the current car mileage allowance if the whole family travels by car, whichever is actually incurred. · Two days' paid leave when moving. (ii) Lodging As a measure of temporary assistance to an employee who is unable immediately to find accommodation within reasonable distance of the new place of employment and has therefore to find temporary accommodation: · For the first eight weeks, reimbursement of approved expenses for overnight stays plus the evening meal (as per paragraph 4 of the Agreement). · Thereafter, for a period not exceeding 31 weeks, a weekly allowance, the position to be reviewed at the end of the period should the employee not find suitable accommodation in the interim. An employee moving home in consequence of taking up an appointment with another probation board shall be paid such an allowance where it is necessary for the employee to lodge while maintaining a separate home. (iii) Legal and other Fees connected with the Sale and Purchase of Residence or any other unsuccessful bona fide attempt to purchase · An employee who has to sell his or her residence - the legal, house agent's and mortgage redemption fees necessarily incurred by the sale. · An employee who, having sold his or her residence or terminated his or her tenancy, buys another residence - the legal, mortgage and survey fees incurred by the purchase. · Where a house agent or auctioneer is not engaged - the actual advertising costs up to a maximum. · Where a tenancy is involved - the actual cost involved up to a maximum (iv) Disturbance and/or Settling-in Allowance In relation to the particular circumstances of the case on expenditure actually incurred, a disturbance/settling-in allowance to cover the cost of replacing curtains, carpets and fittings etc, not exceeding a maximum. (v) Search for New Accommodation Where it is necessary for an employee to visit his/her new place of employment to find accommodation: · standard-class travelling or the current car mileage allowance, plus meals in accordance with paragraph 4 of the Agreement in respect of the employee and his/her partner or dependant relative. (vi) Expenses Incidental to Removal The probation board may pay the cost of any other expenses incidental to the move. Staff who incur additional childcare and dependent care costs as a direct result of the relocation will have their situation considered sympathetically. (c) Maximum Level of Allowances (i) Maximum levels of allowances are set out in Appendix X. (ii) The overall reimbursement to be subject to a maximum level to be determined by the probation board. (iii) The maximum levels will be uprated in line with the NNC salary settlement. 7. Additional Travelling Expenditure (a) An employee who incurs additional travelling expenditure as the result of a change in work location determined by the probation board but who is not forced to move home, shall be paid an allowance equal to the difference between the cost of travelling from his or home to the new place of work and from home to the old place of work. The allowance should be paid for a period of four years and be based on either: (i) standard train and/or bus fares or, (ii) mileage allowance in respect of the additional mileage actually involved in the change of employment if the employee is an authorised car user or where public transport is not available, whichever is actually incurred. (b) The period may be extended if the probation board decides that there are exceptional individual circumstances warranting payments for a longer period. Similarly, where the probation board determines a further change in work location before the fourth anniversary of the original move, the allowance will be reviewed and, where appropriate, adjusted in the light of any change in additional travelling expenditure. (c) Similarly, where the employee voluntarily moves home before the fourth anniversary to a location nearer to the new place of work, the allowance will be reviewed and, where appropriate, adjusted. The principle to be followed is that employees should be reimbursed for additional travelling expenditure actually incurred. (d) Problems arising from significantly different journey times to the new place of work, as compared to the old place of work, will be considered sympathetically, wherever possible through flexibility of working practices. (e) No allowance will be payable in cases where the employee has been reimbursed under the separate provisions relating to employees who, because of reorganisation, are forced to move their homes. 8. Additional Care Costs Where an employee incurs additional care costs arising from relocation or redeployment as a direct consequence of the Criminal Justice and Court Services Act 2000, the following arrangements will apply: (a) Employees who incur additional childcare costs will be given assistance to pay for childcare at up to £2.20 per hour for each child affected; (b) Employees who are carers and incur additional costs will have their situation considered sympathetically and assistance will be given to help pay for additional care at up to £2.20 per hour. In both instances, probation boards will have the authority to pay additional amounts if it can be shown that local charges justify more favourable arrangements. These provisions will apply in the period up to 31st March 2002. SECTION V HOURS OF WORK AND LEAVE A. HOURS OF WORK Paragraphs 1-3 do not apply to staff in residential homes, i.e. those formerly covered by the NJC for APT&C staff scheme of conditions of service. See paragraph 4 for the special arrangements for this group. 1. Normal Working Hours (a) Probation Officers 150 hours in every four weeks. (b) Other Staff Inner and Outer London : 36 hours Normal office hours are 9am to 5.30pm, Monday to Friday, or locally determined equivalent to allow for earlier or later starting and finishing times, where appropriate. 2. Unsocial Hours I. Probation Officers and Probation Services' Officers (a) General (i) Where unsocial hours' working is, because of the nature of the particular job, a fundamental, regular and ongoing feature of that job (e.g. working in hostels) payments for this duty will be calculated in accordance with the provisions below but will be paid as an addition to and within basic salary. (ii) Probation boards will add the amount of the unsocial hours working entitlement to the basic salary. Where that figure is not matched by a particular point within the salary spine then the employee will be assimilated to the next highest point within the spine. (iii) Should the extent of the unsocial hours working be extended, the payment will also be extended and the enhanced basic salary paid. Where similarly the requirement to work unsocial hours reduces, or ceases altogether, then the basic salary will be reduced accordingly. (iv) Unsocial hours working and/or Standby working which is not predictable or tends to be "one-off" by their nature will continue to attract separate payments. It is not intended that this agreement in itself should increase the extent of unsocial hours working within the service. (b) Outside Normal Office Hours Where it is operationally necessary management may require employees to work, as part of their normal hours of work, in accordance with pre-arranged plans (or give approval retrospectively in emergencies): Weekdays Weekdays Bank Holidays for a premium payment of one half plus equivalent time off with pay (c) Standby An employee may be required to perform standby duty at home to deal with emergencies which may arise. A payment shall be made for each session of standby duty; the current rate is set out in Appendix X. A weekday session covers the period between closure of an office one day and its opening the following day. A session at weekends and on public holidays is twelve hours. Rosters shall be drawn up so that the requirement to undertake standby duty is shared fairly. (d) Call Out Weekdays time and a third Weekends time and a half
A payment shall be made for each sleeping-in duty and up to 30 minutes call-out; the current rate is set out in Appendix X. When the aggregate of call-out time exceeds 30 minutes on any night, such additional time should be paid at the appropriate premium rate. Employees working in residential settings shall be regarded as off-duty at any time when not required for duty or stand-by. (f) Individual Exemptions In exceptional cases, individual employees in particular domestic or other circumstances may, by agreement, be exempted from the requirements in (b) to (e) above. (g) Regular Earnings Where an employee's regular earnings include premium payments, such payments will be pensionable and will also be taken into account in calculating sickness, holiday and maternity pay. (h) Part-Timers The above arrangements are to apply to part-timers on the pro-rata principle. (i) Flexible Hours The above arrangements are without prejudice to individual employees continuing to be able to complete their normal hours of work in a flexible manner, by agreement with local management. (j) Time Off in Lieu (Probation Officers only) Where probation officers are obliged to work beyond 150 hours in any 4 week period, compensatory time off in lieu should be given within the next 4 week period at times agreed, with due regard to the needs of the Probation Service, between management and the probation officer. (k) Joint Secretarial Guidance Joint secretarial guidance on the operation of the unsocial hours agreement which the NNC expects probation boards to follow is set out in Appendix J. (a) General Whenever possible the probation board should discourage the use of working arrangements which involve the attendance of employees at their place of work outside the probation board's usual working hours. However, where such working arrangements are unavoidable the employee shall be entitled to the appropriate allowances subject to, and in accordance with the following provisions of this Paragraph. (b) Weekend Working As part of the normal working week payment shall be at time and a half for all hours worked payable, where appropriate, in addition to the enhanced rate of pay for nightwork worked as part of the normal working week. Weekend work outside the normal working week shall be paid for as overtime. (c) Night Work As part of the normal working week, payment shall be at time and a third for all hours worked between 8.00pm and 6.00am payable, where appropriate, in addition to the enhanced rate of pay for weekend work as part of the normal working week. Nightwork outside the normal working week shall be paid for as overtime. (d) Irregular Hours' Working Payable where as part of the normal working week an employee's hours of duty during Monday to Friday fall outside the period one and a half hours before and/or one and a half hours after the probation board's normal office hours as follows: For an average of 4 hours but less than 8 hours per week beyond the qualifying period calculated over the working cycle In addition to the normal pay for that day, payment shall be at plain time for all time worked within an employee's normal working hours. At a later date time off with pay shall be allowed as follows: When the time worked is less than 4 hours half day off When the time worked is 4 hours of more full day off Work on that day outside normal working hours shall be paid for, as overtime, at double time in complete recompense. (f) Standby Employees on a grade with a minimum of less than point 122 on the salary spine who are required to undertake standby duty by specific rota commitment in order to be immediately available, if needed, and this fact is not reflected in the salary grading applied to the post, the probation board shall have discretion to pay an allowance therefore according to the circumstances of the duty. Employees who are required to undertake a standby duty on a bank or public holiday shall in addition be granted compensatory leave of absence. (g) Separate Entitlements and Method of Calculation It is possible for an employee simultaneously to have a separate entitlement of more than one of the allowances, except that an employee shall not be entitled to allowances for night work and shift work and irregular hours working at any one time. Where separate entitlements exist, such payment shall be calculated separately on the basis of the plain time rate: it is a basic principle that an employee shall not receive a premium payment based on an already enhanced rate. (h) Employees on Former Manual Conditions As part of the transfer of employees on former manual terms and conditions to the terms and conditions applying to staff with effect from 1st April 2001: (i) manual employees who regularly worked shifts and received a shift allowance will continue to receive that allowance; (ii) if an individual could show that, as a consequence of moving from manual staff terms and conditions, he/she had suffered an overall detriment, the issue should be raised at local level. The issue should be dealt with sympathetically in accordance with local protection arrangements. The Joint Secretaries are available to assist if required. 3. Overtime (a) Probation Services' Officers and Other Staff Where, by mutual agreement, compensatory leave of absence for hours worked in excess of those specified in paragraph 1(b) is not granted, the following overtime provisions shall apply. Overtime, other than "planned overtime" (sub-paragraph (v) below), is payable only to probation services' officers and other staff, on or below spinal column point 137 and 109 respectively, on the following basis: (i) The basic weekly salary shall be divided by 37 (36 in London*) to ascertain the hourly rate of overtime. (ii) Where it is a condition of an employee's contract of employment that they should work longer hours than 37 hours (36 in London*) per week the following conditions shall apply. · Probation Services' Officers will be entitled to overtime after they have worked the number of hours prescribed in their contract of employment but their overtime rate will be calculated by dividing their basic weekly salary by 37 (36 in London*). · Other Staff shall be entitled to overtime payments unless the additional hours are recognised by some other payments or arrangements determined locally. (iii) Extra time of less than half an hour on any day shall not rank for overtime. Overtime shall be aggregated for each calendar month (or other appropriate period where the hours are averaged over a period longer than a week) and only complete half hours paid for. (iv) For overtime on any day other than a Sunday, or a general or public holiday, payment shall be at time and a half. For overtime on a Sunday, payment shall be at double time. (v) In exceptional cases where planned overtime by specified probation services' officers would facilitate the work of the probation board, the board may authorise such overtime under proper control and for a specified period, and authorise payment of an honorarium therefore (of an amount to be determined by the board and related to the various factors involved) to probation services' officers who do not qualify for overtime payments. * Defined as the area covered by the Greater London Probation Board. 4. Staff in Residential Homes (a) Working Week The working week shall be 37 hours, except where there has been no local agreement to that effect, in which case it shall remain at 39 hours. Resident staff shall be allowed to leave the premises when not rostered for duty, subject to sub-paragraph (b). (b) Overtime An employee who is required for any tasks beyond the rostered commitment shall whenever possible be given equivalent time off in lieu during the ensuing seven days. Where time off in lieu cannot be granted, overtime shall be paid at time and a half, subject to periods of overtime of less than half an hour each day being ignored. Overtime is aggregated for each calendar month and only completed half hours are paid for. (c) Working between 10.00pm and 7.00am Hours worked between 10.00pm and 7.00am as part of the normal working week shall be paid at time and a third. This applies to staff rostered for working nights or day staff whose roster includes hours in that period. (d) Sleeping-in Employees required to sleep on the premises shall receive a sleeping-in allowance as set out in Appendix X. This allowance covers the requirements to sleep-in and up to 30 minutes call-out per night. Call-out time aggregating more than 30 minutes shall be paid according to sub-paragraph (b) above. (e) Work on a General or Public Holiday (i) For work on a general or public holiday, in addition to the normal pay for that day, payment shall be at plain time for all time worked within an employee's normal working hours. At a later date time off with pay shall be allowed as follows: When the time worked is less than four hours Half day off When the time worked is four hours or more Full day off Work on that day outside normal working hours shall be paid for as overtime at double time in complete recompense. (ii) The provisions at sub-paragraph 4(e) (i) shall apply for work on an extra statutory holiday (as referred to at Paragraph B (3) where this is a fixed holiday determined by the probation board after consultation with its staff. (f) Work in Very Small Community Homes (Eight Residents or Fewer) The NNC has recognised that in some very small community homes, particularly those run as "family group homes" and residential nurseries, the staffing complement may be too small to allow the standard working week to be achieved. In such cases a 22½% addition to salary shall be paid to employees in lieu of overtime. This addition will also compensate resident employees for night calls. Non-resident employees who sleep-in shall be paid the sleeping-in allowance covered in (d) above. Probation boards are requested to review the working conditions of staff in those homes at frequent intervals to ensure that appropriate support from domestic, relief or other staff is available. (g) Weekend Working Employees rostered to work on average at least 10% of their basic week at weekends will have their scales increased by six incremental points. B. LEAVE 1. Annual Leave (a) Entitlement (i) Probation Officers A probation board shall grant to a full time probation officer, annual leave of thirty six days, of which no more than four may be on days designated by the probation board; otherwise annual leave is to be taken at times agreed, with due regard to the needs of the Probation Service, between the probation board and the probation officer. (ii) All Other Employees Minimum leave entitlement shall be 20 days a year and 25 days after five complete years continuous service in the Probation Service or with one or more local authority. The additional 5 days after 5 years service shall be granted pro rata to service in the leave year in which the fifth anniversary appointment falls. The additional annual leave will be expressed in whole days, rounded down where necessary. (b) General Conditions (i) An employee transferring from the service of one probation board to another takes with them any outstanding leave entitlement. An employee who leaves the Probation Service shall be allowed one twelfth of his or her leave entitlement for each completed month of service in the current leave year. In the event of an employee falling sick during a period of annual leave, absence from the date shown on his or her sickness certificate shall be regarded as sickness leave. (ii) Leave can be carried over from one leave year to the next in exceptional circumstances and by agreement between the employee concerned and the probation board. (iii) Paid maternity leave (18 weeks' duration), and authorised unpaid maternity leave (of up and including 22 weeks' duration), shall not affect the length of an employee's annual leave entitlement in the leave year(s) in which the maternity leave falls. (iv) Part-time employees shall have applied to them the provisions of the scheme relating to annual leave. (v) A probation board shall grant to a temporary probation officer (for each completed month of service) paid leave amounting to one-twelfth of the annual paid leave granted to a comparable probation officer in the probation board's service to be taken at times agreed, with due regard to the needs of the Probation Service, between the board and the probation officer. Eligibility for leave under these provisions shall be dependent upon completion either of a minimum of 3 months continuous service, or of a minimum of 3 months cumulative service within any leave year. (c) Conditions specific to staff (other than Probation Officers and PSOs) (i) The annual leave year shall be from 1st April to 31st March. (ii) An employee who is compulsorily transferred to another public service and then voluntarily returns to the employment of a probation board shall be entitled to reckon continuous service immediately before the transfer for the purpose of determining entitlement to long service leave. An employee who leaves the employment of a probation board for maternity reasons and who subsequently returns shall be entitled similarly to reckon previous continuous service provided that no permanent full-time paid employment has intervened. (iii) A new entrant shall not take annual leave until he or she has completed six months service. If this provision prevents the employee from taking leave during the year of entitlement then he or she may be permitted to carry forward such leave to the subsequent leave year. (iv) Maternity leave (including authorised unpaid maternity leave up to a maximum of 22 weeks' duration) shall be regarded as service for the purpose of calculating an employee's entitlement to annual leave after five years' continuous service. (v) New entrants to the service shall be entitled to annual leave proportionate to the completed months of service during the leave year of entry. The method of calculation shall be as outlined in paragraph 1 (b) (i) above. (d) Conditions specific to staff (other than probation officers) In determining the normal pay of an employee during annual leave, probation boards should include (i) regular overtime payments made to employees whose terms of employment provide that they must, each month, work hours in excess of the usual hours (and for which overtime payment is made as a regular addition to salary), and (ii) regular payments made under paragraph 2 (Unsocial Hours) of this section. 2. Bank and Public Holidays Probation boards shall grant to an employee a day's paid leave for each of the eight bank and public holidays. 3. Extra Statutory Holidays (other than probation officers) In addition to bank and public holidays, employees other than probation officers are entitled to two extra statutory holidays (the timing of these extra statutory holidays to be determined by the probation board after consultation with the relevant employees). 4. Other Leave (a) Special Leave Probation boards may, at the request of an employee, grant additional leave with or without pay. Leave of absence without loss of salary is to be granted to employees for the purpose of sitting for examinations applicable to the Probation Service. In addition leave of absence without loss of salary may be granted by the probation board for the purpose of final revision in the period preceding the examination according to the circumstances of each case. (c) Service in Non-Regular Forces The NNC endorses the principle that volunteer members of the Non-Regular Forces who attend summer camp should be granted leave additional to their normal annual leave. Probation boards are therefore recommended to grant the two weeks required for camp as additional leave with pay in those cases where the basic annual leave entitlement is four weeks. In the case of employees whose basic leave entitlement is more than four weeks, probation boards are recommended to grant either one or two weeks' additional leave with pay for this purpose. Subject to the note below probation boards are also recommended to grant paid leave to members of the Territorial Army who are required to undertake training additional to attendance at summer camp and who are unable to arrange for such training to be on days when they would normally not be working. Note: Under the Reserve Forces Act, 1966 volunteers may be required to undertake training for up to 16 days per annum (usually on Saturdays and Sundays). Territorial Army Units should be in a position to offer alternative dates and the onus is, therefore, on the employee to try to arrange for training to be undertaken in off-duty time. If this is not possible the employee should furnish alternative dates to the board so that mutually acceptable dates for his absence may be found. (d) Leave for Jury Service An employee receiving a summons to serve on a jury must report the fact to his or her chief officer, who shall grant leave of absence therefore unless exemption is secured. An employee serving as a juror shall claim the allowance for loss of earnings to which he/she is entitled under the Jurors' Allowance Regulations currently in force. The probation board shall then deduct from the employee's full pay an amount equal to the allowance received. Probation boards should consider granting in appropriate cases paid leave of absence: i) to employees attending meetings concerned with National Negotiating Council affairs or ii) to enable employees to undertake duties consequent upon membership of public bodies (including service as a magistrate) (f) Time off for Medical Screening Necessary paid time off shall be granted to employees for the purpose of being screened for breast and cervical cancer. (g) Maternity Support Leave Maternity support leave of 5 days with pay shall be granted to the child's father, or the partner, or nominated carer of an expectant mother at or around the time of birth. A nominated carer is the person nominated by the mother to assist in the care of the child and to provide support to the mother at or around the time of birth. (h) Adoption Leave Probation boards are recommended to introduce an adoption leave scheme for employees adopting children. This is to allow a settling-in period directly following the assumption of permanent responsibility for the adoptive child. (i) Parental Leave and Time Off for Dependants Employees who have completed one year's service with their probation board, and whose child is born or adopted on or after that date, have a statutory entitlement to 13 weeks' parental leave to care for their child. All employees are also entitled to take reasonable time off work to deal with an emergency involving a dependant. SECTION VI SICKNESS SCHEME 1. Scale of Allowances (a) Subject to the provisions of this Scheme, an employee absent from duty owing to illness (which term is deemed to include injury or other disability) shall be entitled to receive an allowance in accordance with the following scale: During 1st year of service 1 month's full pay During 2nd year of service 2 month's full pay and 2 month's half pay During 3rd year of service 4 month's full pay and 4 month's half pay During 4th and 5th year of service 5 month's full pay and 5 month's half pay After 5 years' service 6 month's full pay and 6 month's half pay Note: For occupational sick pay entitlement record purposes [and without prejudice to the NNC's arrangements for self-certification days (sub-paragraph C (i) below) and to any local agreements on "qualifying days" for statutory sick pay purposes], "one month" shall be deemed to be equivalent to 26 working days, Saturday being reckoned in all cases as a working day. (b) The probation board shall have discretion to extend the application of the foregoing scale in exceptional cases and should review the position of employees at an early opportunity and before their entitlements to paid sick leave expire. (c) For the purposes of this paragraph, service in a temporary capacity shall be recognised. (d) In applying this scheme to part-time employees "one month's full pay" shall be one twelfth of the employee's fixed annual salary under Section III (2) (g). 2. Calculation of Allowance (a) The rate of allowance and the period for which it shall be paid in respect of any period of absence due to illness shall be ascertained by deducting from the period of benefit appropriate to his or her service on the first day of his or her absence the aggregate to the periods of absence due to illness during the 12 months immediately preceding the first day of absence. In aggregating the periods of absence, no account shall be taken of any unpaid absence on sick leave. (b) For the purpose of ascertaining the appropriate period of benefits, all previous continuous service shall be calculated in accordance with the provisions of Section II (4). (c) The allowance payable under this Scheme shall not exceed the sum (if any) by which the amount of benefits, allowances and payments referred to below falls short of full pay. Note: Under the Social Security Contributions and Benefits Act 1992 the probation board is required, subject to the provisions set out in that Act, to pay statutory sick pay to employees. State benefits are payable from the Department of Social Security (DSS) in accordance with the Social Security Acts and Regulations. Accordingly, there shall be offset against an allowance equal to full pay the following, as appropriate: (i) the gross amount of statutory sick pay receivable under the Social Security Contributions and Benefits Act; (ii) the amount of sickness benefit and invalidity benefits receivable under the National Insurance Acts and Regulations made under the Acts; (iii) compensation payments under the Workmen's Compensation Acts where the right to compensation arises in respect of an accident sustained before 5th July 1948; (iv) the amount (if any) received as a treatment allowance from the DSS. The dependency element only of the treatment allowance shall be deducted from sickness allowance. The employee shall therefore be allowed to retain the personal element of his or her treatment allowance. (v) In the case of half-pay periods the allowance is a sum equal to half-pay plus an amount equivalent to the statutory sick pay entitlement and other benefits receivable under 1 (a) - (d) as long as the total sum does not exceed full pay; (vi) Widows and married women exercising their right to be excepted from the payment of full rate National Insurance contributions shall be deemed to be insured in their own right for all National Insurance benefits. Note: From 6th April 1983, in accordance with the terms of the Social Security and Housing Benefits Act 1982, widows and married women exercising such a right are entitled to receive statutory sick pay (SSP). Where a widow or married woman has opted out of paying full National Insurance contributions the amount taken into account when calculating an allowance under the sick pay scheme will be the amount equal to the total state benefit and SSP receivable had full contributions been paid. (d) All employees shall be under an obligation to declare to the probation board in whatsoever manner may be required, their entitlement to benefit under (c) and any subsequent alteration in the circumstances in which such entitlement is based, in default of which the probation board shall be entitled to determine the benefit by reference to the maximum benefit obtainable. (e) For the purpose of assessing sickness pay, account should be taken of the insurance benefit actually received as distinct from the normal benefit receivable, subject to the employee complying with the regulations as to the payment of contributions and the claiming of insurance benefit to the extent to which he or she is required by his or her probation board. (f) So far as widows and widowed mothers are concerned, regard should be paid in calculating the amount of the sickness payment only to such part of the statutory sick pay or National Insurance benefit received as is in excess of the amount received by the employee from the DSS in weeks of full normal employment. (g) Where an employee is receiving sickness pay, he or she should continue to receive such pay if a public holiday occurs during sick leave. Where an employee has exhausted his or her period of entitlement to sickness pay, no payment should be made (other than SSP if applicable) in respect of a public holiday occurring during his or her period of sick leave. (h) In determining the normal pay of an employee during sick leave, probation boards should include: i) regular overtime payments made to employees whose terms of employment provide that they must, each month, work hours in excess of the usual hours (and for which overtime payment is made as a regular addition to salary) and ii) regular payments made under Section V (2). 3. Conditions (a) An employee who is prevented by illness from reporting for duty shall immediately notify the employee nominated for this purpose by the probation board. If his or her absence continues after the third day the employee shall provide further notification as to the broad nature and possible duration of the illness to the board. He or she shall provide a doctor's statement to the board not later than the eighth calendar day of absence. Subsequent doctors' statements shall be submitted to cover the absence it if extends beyond the period covered by the initial statement, at the same intervals required for National Insurance purposes and at similar intervals in respect of the period for which SSP is payable.
No variation can be made in the requirement that sickness absence must be certified by a qualified medical practitioner (see above), except that probation boards are advised that they may at their discretion accept certificates of Christian Science practitioners in particular cases according to their merits. (b) An employee entering a hospital or similar institution shall submit a doctor's statement on entry and on discharge in substitution for periodical statements. (c) A case of serious character, in which a period of sick leave on full pay in excess of the period of benefit under paragraph (a) above would, by relieving anxiety materially assist recovery of health shall receive special consideration by the probation board. (d) An allowance shall not be paid to an employee who is absent as the result of an accident due to active participation in sport as a profession, nor in a case in which the absence arises from or is attributable to an employee's own misconduct, unless the probation board by resolution decides otherwise. (e) A period of absence due to injury sustained by an employee in the actual discharge of his or her duty and without his or her own default shall not be recorded for the purposes of this scheme. (f) When an employee is absent from work because of an injury in respect of which a claim will lie to the Criminal Injuries Compensation Board (CICB) and the employee is otherwise qualified to receive sick pay in accordance with the provisions of this scheme, such pay shall be disbursed without the employee being required to refund any proportion of it from the sum which the CICB might award. (g) Where an award has been made by the CICB, the probation board, in calculating the employee's future entitlement to sick pay, is free to discount wholly or partly the period of sick leave occasioned by the injury as they may see fit on consideration of all the material circumstances. (h) An employee who is absent as the result of an accident shall not be entitled to an allowance if damages may be receivable from a third party in respect of such accident. In this event the board may, having regard to the circumstances of the case, advance to the employee a sum not exceeding the sickness allowance provided under this scheme, subject to the employee undertaking to refund to the board the total amount of such allowance or the proportion thereof represented in the amount of damages received. Any period of absence in such a case where a refund of the moneys advanced is made in full shall not be recorded for the purposes of this Scheme. Where, however, the refund is made in part only, the probation board may at its discretion decide to what extent, if any, the period of absence may be so recorded. (i) The probation board may at any time require an employee who is unable to perform his or her duties as a consequence of illness to submit to an examination by a medical practitioner nominated by the board subject to the provisions of the Access to Medical Reports Act 1988 where applicable. Any expenses incurred in connection with such examination shall be met by the board. (j) The provisions of this Scheme shall cease to apply to an employee on the termination of his or her employment in pursuance of the provision of the Superannuation Act applicable to his or her case, whether by reason of permanent ill-health or infirmity of mind or body or by reason of age, but without prejudice to the right of an employee whose employment is terminated by reason of permanent ill-health or infirmity to receive the period of notice provided by his or her contract of service. (k) If it is reported to the probation board than an employee has failed to observe the conditions of this Scheme or has been guilty of conduct prejudicial to his or her recovery and the board is satisfied that there is substance in the report, the payment of the allowance shall be suspended until the board has made a decision thereupon, provided that before making a decision the board shall advise the employee of the terms of the report and shall afford his or her an opportunity of submitting observations thereon and of appearing or being represented before the board. If the probation board decide that the employee has, without reasonable excuse, failed to observe the conditions of the scheme or has been guilty of conduct prejudicial to his or her recovery, then the employee shall forfeit his or her right to any further payment of allowance in respect of that period of absence. 4. Contact with infectious diseases etc: persons deemed to be incapable of work An employee who is prevented from attending work because of contact with infectious disease shall be entitled to receive normal pay. The period of absence on this account shall not be reckoned against the employee's entitlement under this scheme. 5. Reimbursement of the Cost of Doctor's Statements Where the purposes of qualifying for an allowance under this Scheme a board requires a doctor's statement from an employee, the NNC recommends that probation boards reimburse any cost incurred in obtaining such doctor's statements. MATERNITY PROVISIONS
The occupational maternity scheme shall apply to all pregnant employees regardless of the number of hours worked per week. 2 Initial Obligations on the Employee An employee is asked to notify her employing probation board at least 21 days before her absence begins or as soon as is reasonably practicable: (a) that she is pregnant; The employer can request that the notification of the beginning of the absence is given in writing and that the employee produce a certificate from a registered medical practitioner or a registered midwife stating the expected week of childbirth. 3 Health and Well-being (a) Ante-natal Care (b) Health and Safety 4 Maternity Leave Entitlement (a) Employees who have less than 1 year's continuous in accordance with the provisions of Section II, paragraph 4 at the beginning of the 11th week before the EWC shall have an entitlement to remain absent for up to 18 weeks. (b) At the discretion of the probation board the employee may be allowed leave with or without pay in excess of the 18 week period. (c) Employees who have completed 1 year's continuous service in accordance with the provisions of Section II, paragraph 4 at the beginning of the 11th week before the EWC shall have an entitlement to 18 weeks' leave of absence with pay (see para 5 below) and to remain absent for up to 29 weeks from the beginning of the week in which her confinement occurs. (d) Maternity leave shall start no earlier than 11 weeks before the EWC or from the time of childbirth if that is earlier. 5 Maternity Pay (a) Payments for employees who have less than 1 year's continuous service in accordance with the provisions of Section II, paragraph 4 at the beginning of the 11th week before the EWC shall be the employee's entitlement to Statutory Maternity Pay (SMP). (b) Payments for employees who have completed 1 year's continuous service in accordance with the provisions of Section II, paragraph 4 at the 11th week before the EWC shall be as follows:- (i) For the first six weeks of absence an employee shall be entitled to nine-tenths of a week's pay offset against payments made by way of SMP or Maternity Allowance (MA) for employees not eligible for SMP. (ii) An employee who declares in writing that she intends to return to work will for the subsequent 12 weeks receive half a week's pay without deduction except by the extent to which the combined pay and SMP (or MA and any dependant's allowances if the employee is not eligible for SMP) exceeds full pay. (iii) For employees not intending to return to work payments during the subsequent 12 weeks shall be the employee's entitlement to SMP. (iv) Payments made by the probation board during maternity leave under (ii) above shall be made on the understanding that the employee will return to probation board employment for a period of at least three months, which may be varied by the employing board on good cause being shown and, in the event of her not doing so, she shall refund the monies paid, or such part thereof, if any, as the probation board may decide. Payments made to the employee by way of SMP are not refundable. 6 Right to Return to Work (a) Subject to (b) to return to the job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable to her if she had not been absent. "Job", for this purpose, means the nature of the work which she is employed to do and the capacity and place in which she is so employed. (b) Where it is not practicable by reason of redundancy for the probation board to permit her to return to work in her job as defined in (a) above the employee shall be entitled to be offered a suitable alternative vacancy where one exists, provided that the work to be done in that post is suitable to her and appropriate to the circumstances, and that the capacity and place in which she is to be employed and her terms and conditions of employment are not substantially less favourable to her than if she had been able to return to the job in which she was originally employed. (c) Suitable alternative employment may also be offered if exceptional circumstances other than redundancy (e.g. a general re-organisation), which would have occurred if the employee had not been absent, necessitate a change in the job in which she was employed prior to her absence. The work to be done should be suitable to her and appropriate to the circumstances and the capacity and place in which she is to be employed and her terms and conditions of employment should not be less favourable to her than if she had been able to return to the job in which she was originally employed. 7 Exercise of the Right to Return To Work (a) Return Before the End of the Maternity Period (i) Employees who have less than 1 year's continuous service: An employee who qualifies for leave under paragraph 4 (a) shall notify the probation board in writing if requested, at least 7 days before of the day on which she proposes to return if this is before the end of the 18 weeks' maternity leave. Where the notice given is less than 7 days the employer may postpone the return to ensure 7 days' notice, but not beyond the end of the maternity leave period. (ii) Employees who have completed one year's continuous service: An employee who qualifies for leave under paragraph 4 (c) shall notify the probation board in writing if requested, at least 21 days before of the day on which she proposes to return if this is before the end of the extended maternity leave period. Where the notice given is less than 21 days the employer may postpone the return to ensure 21 days' notice, but not beyond the end of the maternity leave period. (b) All Employees (i) Where an employee is unable to return on the expected day due to sickness the absence will be covered by the sickness scheme in the normal way. (ii) For an employee where, because of an interruption of work (whether due to industrial action or some other reason), it is unreasonable to expect her to return on the due date, she may instead return when work resumes, or as soon as reasonably practicable thereafter. (c) Return to Work - Flexible Working Arrangements Probation boards should consider the full range of flexible working arrangements and support facilities for employees returning to work. The needs of breast-feeding employees should be taken into account. 8 Relationship With Sickness and Annual Leave (a) Maternity leave will not be treated as sick leave and will not therefore be taken into account for the calculation of the period of entitlement to sickness leave. (b) Paid maternity leave and authorised unpaid maternity leave of up to and including 22 weeks duration shall be regarded as continuous service for the purposes of the NNC's sickness scheme and annual leave. 9 Definitions (a) A Week's Pay (b) Childbirth (c) Nothing in the above provisions shall be construed as providing rights less favourable than statutory rights.
GRADING APPEALS 1. Rights of Appeal Employees have a right to appeal to their probation board in relation to either the band, or the scale within the band, which has been applied to a post or group of posts: (a) where it is claimed that there has been a substantial change in duties and responsibilities since the grading was last reviewed, or (b) where the grading has been affected in any way by a decision of the probation board. 2. Procedure for the Determination of Local Appeals (a) Within two months of the date on which he or she was notified of the probation board's decision, (or failure to reach a decision*), an employee should, either personally or through one of the recognised trade unions, lodge a notice of his or her intention to appeal, together with a statement of case giving the grounds for the appeal, with the secretary to the probation board. *A board may be said to have failed to reach a decision where an employee has not been notified of the decision reached four months after he or she has raised the issue formally with the board. The time limit may be varied by mutual consent. (b) The probation board should make arrangements to consider the appeal and for that purpose establish an appeals panel. It should meet to consider the appeal within two months of the employee lodging the appeal with the probation board. (c) The employee concerned may, as he or she wishes, attend the hearing and/or be represented at the hearing. (d) At the meeting of the appeals panel, the appellant and/or his or her representative should make oral submission in support of the appellant's written statement, and representative(s) of the management should reply. (e) The employee must be notified of the decision reached by the appeals panel of the probation board within two weeks of the date on which the appeal was considered. 3. National Appeals (a) The grounds for a national appeal are that the employing probation board is held to have failed to apply the criteria of the national pay structure in determining either the band, or the scale within the band, which has been applied to a post or group of posts. An employee has the right of further appeal only if there are continuing grounds for believing that a board has acted improperly in applying the nationally agreed grading structure. (b) In the first instance the matter should be referred to the Joint Secretaries of the NNC within two months of the date on which he or she was notified of the result of the hearing by the appeals panel of the probation board. The Joint Secretaries will consider whether the grounds for national appeal are met. Where appropriate they will use their good offices to facilitate a review of the matter locally. (c) In the event that the grounds for national appeal are met, and intervention by the Joint Secretaries does not result in resolution, the Joint Secretaries shall convene an Appeals Panel. This Panel shall consist of three members each of the Employers' and Trade Union Side respectively of the NNC. Such a meeting should normally be held within two months of receipt by the Joint Secretaries of the notice of appeal and the date shall be notified to the parties. (d) The parties to the appeal should send to the Joint Secretaries of the NNC 8 copies of their respective statements of case to reach them not less than 10 days before the appeals hearing. Submissions should also be exchanged at local level. (e) The employee concerned may, as he or she wishes, be present at the hearing of the case and/or be represented. Representatives of the probation board may attend the hearing. (f) Procedure at the meeting of the Appeals Panel is set out in Appendix K (g) The decision of the Appeals Panel shall be conveyed to the employee and the probation board in writing within two weeks. SECTION IX GRIEVANCE, DISCIPLINE AND CAPABILITY A. MODEL GRIEVANCE PROCEDURE 1. Introduction (a) It is expected that most questions concerning an employee's employment with the probation board will be dealt with satisfactorily in the course of the normal working relationship between the employee concerned and the immediate line manager. (b) The purpose of this grievance procedure is to provide a framework for dealing promptly and fairly with questions which have not been resolved through the normal working relationship. The objective is to settle the matter as near as possible to the point of origin, in a spirit of conciliation. (c) Matters appropriately dealt with under the procedure include all questions relating to the individual rights of employees concerning their employment, other than grading, discipline/capability or appraisal*. (d) Probation boards shall ensure that employees are fully aware both of the steps available to them as individuals under the procedure and of the name and designation of the person to whom they can apply for the purpose of seeking redress of any grievance related to their employment, and the manner in which such application should be made. (e) Probation boards are recommended to adopt a Grievance Procedure based on the model set out below, modified if necessary to meet local circumstances. 2. Model Grievance Procedure (a) The procedure is as follows: Step 1 Where an employee is aggrieved about any matter relating to her/his employment, excluding grading, discipline/capability or appraisal, the employee should discuss the matter initially with the line manager as soon as possible, and other than in exceptional circumstances within twenty working days. However, the employee is permitted to raise as part of the grievance a series of directly related incidents having a cumulative effect. The employee may wish to seek the advice of a Trade Union representative prior to raising the grievance. The line manager should seek to resolve the matter informally. Whether or not this proves possible, the line manager should reply orally to the grievance as soon as practicable, and within five working days whenever possible. In exceptional circumstances where it would not be appropriate for the employee to discuss the grievance initially with the line manager, the discussion could involve another appropriate member of the line management structure. Step 2 If the employee is not satisfied with the reply, the grievance should be set down in writing and sent within twenty working days of receiving that reply to the Chief Officer, or her/his nominee. A meeting shall be arranged as soon as practicable and normally within ten working days. Employees may, if they so wish, be accompanied by a representative of a recognised Trade Union or a colleague. The Chief Officer, or her/his nominee, shall notify the employee of their decision in writing as soon as practicable, normally within five working days. Step 3 If the employee remains dissatisfied, she/he has the right, within twenty working days, to appeal directly to the probation board. The employee is to set out the grounds for the appeal and any redress being sought. Employees may, if they wish, be accompanied by a representative of a recognised Trade Union or a colleague. The matter shall be heard by a panel of the board which has delegated powers, as soon as practicable and normally within twenty working days of receipt of the appeal. The panel shall notify the employee of its decision in writing as soon as practicable, normally within five working days. An agreed record of Steps 2 and 3 should be kept. The matter is to end at probation board level except where an important issue of principle arises which could be considered through national conciliation. In such a case, the matter may be referred within twenty working days to the Joint Secretaries of the NNC, in order that they consider using their good offices to assist in resolving the issue. *Accompanying Notes Para 1.(c) Grading: The NNC has agreed that the local grading appeal arrangements (Section VIII) will apply to grades of staff where probation boards have discretion to set a pay scale for the individual employee. Para 1.(c) Appraisal: In the absence of a specific appeals process the new model grievance procedure (Step 2) can be used if areas of disagreement remain following the countersignature stage of the appraisal procedure. 1. Introduction (a) All probation boards should have: (i) Disciplinary rules which set standards of conduct at work; (ii) A written procedure setting out formal arrangements for handling allegations of misconduct; and (iii) Arrangements for dealing with matters of capability. (b) It is recommended that joint discussions take place at local level with the recognised trade unions with a view to reviewing existing disciplinary procedures and, where appropriate, reaching agreement on implementation of the model discipline and capability procedure. (c) The model disciplinary procedure set out below has been drawn up having regard to the principles and standards contained in the ACAS Code of Practice on Disciplinary Practice and Procedures in Employment. Specific arrangements for dealing with capability issues other than in cases of incapability arising out of ill-health are set out in paragraph 3 below. (d) It is important to distinguish those issues that arise because of misconduct and those that arise from capability. An employee who wilfully refuses to perform his or her duties to a satisfactory standard is committing an act of misconduct. In such cases use of the model disciplinary process is appropriate. However, where an employee's inadequate performance is thought to arise from genuine incapability, use of the model capability process is appropriate. (e) These procedures relate to all employees of the probation service, other than those on chief officer grades who are covered by separate arrangements. They are designed to encourage improvement in individual conduct and maintain acceptable standards of performance. The aim should be to ensure consistent and fair treatment for all. (f) Probation boards should ensure that all employees are aware of the disciplinary rules and procedures that apply, including those offences which would be regarded as gross misconduct. Employees should also be aware to whom they can appeal if they are dissatisfied with any disciplinary decision. (g) In accordance with the principles of natural justice, employees are entitled to know the nature of the allegations made against them and to have the opportunity to state their case. The disciplinary and capability processes should be carried out in good faith. Employees are entitled to be accompanied by a representative of a recognised trade union or colleague through both processes. (h) Detailed advice about dealing with disciplinary issues is contained in the ACAS Advisory Handbook Discipline at Work and the ACAS self help guide to producing disciplinary and grievance procedures. 2. Model Discipline Procedure The model discipline procedure is set out below: (a) Purpose of the procedure Where the use of this procedure becomes necessary, its purpose is to encourage improvement in individual conduct and performance. The procedure sets out the action which should be taken when probation board rules are breached. The arrangements for dealing with capability issues are set out in paragraph 3. The procedure is not viewed primarily as a means of imposing sanctions, but is intended to emphasise and encourage improvements in the conduct of employees. The aim is to ensure consistent and fair treatment for all employees. The procedure applies to all employees of the probation board other than those on chief officer grades. (b) Informal Discussions |