| Local
Government Home | Single Status
Index
Single Status 3
12. CONTINUOUS SERVICE
12.1 For the purposes of entitlements regarding annual leave,
the occupational sickness scheme and the occupational maternity
scheme continuous service will include continuous previous service
with any public authority to which the Redundancy Payments Modification
Order (Local Government) 1983 (as amended) applies.
12.2 Where an employee returns to local government service following
a break for maternity reasons they will be entitled to have previous
service taken into account in respect of the sickness and maternity
schemes provided that the break in service does not exceed eight
years and that no paid employment has intervened. For the purpose
of the calculation of entitlement to annual leave the eight years
time limit does not apply provided that no paid employment has
intervened.
Index
13. PERIOD OF NOTICE TO TERMINATE EMPLOYMENT
13.1 Employer
The minimum periods of notice to be given by an employer are
governed by the Employment Rights Act 1996:
| Continuous Service |
Period of Notice |
One month or more but less
than two years |
Not less than one week |
Two years or more but less
than twelve years |
Not less than one week for each year of continuous service |
| Twelve years or more |
Not less than twelve weeks |
13.2 Employee
The minimum period of notice to terminate employment given by
an employee will be the ordinary period from one pay period to
the next.
Index
14. GRIEVANCE PROCEDURES
14.1 The employing council should ensure that all employees are
aware of the person to whom they should apply in the event of
their having a grievance and of the procedure to be followed in
that instance. These procedures should accord with ACAS guidance.
Index
15. DISCIPLINARY PROCEDURES
15.1 The employing council should ensure that all employees are
aware of the disciplinary rules and procedures that apply. All
employees should also be aware to whom they can apply if they
are dissatisfied with any disciplinary decision. These procedures
should accord with legal requirements and with the ACAS Code of
Practice and guidance.
Index
16. TRADE UNION FACILITIES
16.1 Authorities shall provide the recognised trade unions with
facilities necessary to carry out their functions in accordance
with the ACAS Code of Practice. This will include paid leave of
absence to attend relevant meetings concerned with the work of
the Scottish Joint Council including its relationship with the
UK National Joint Council and the operation of a check off system
whereby, with the consent of the individual, trade union dues
are deducted from pay.
Index
17. DISTANT ISLANDS ALLOWANCE
An annual allowance shall be paid to employees employed by island
councils and to those based on Tiree, Coll and Colonsay. (Appendix)
Index
18. CAR ALLOWANCES
Where an employing authority authorises an employee to use a
private car on official business, the employee will receive an
allowance in accordance with the agreed Scottish Scheme. (See
Appendix)
Joint Secretaries to draft Appendix based upon current Appendix
C of APT & C Scheme.
Index
19. REIMBURSEMENT OF EXPENDITURE
19.1 Employees necessarily incurring additional expense in the
course of their work in respect of travel, meals or overnight
accommodation will be reimbursed approved expenses, subject to
appropriate evidence of expenditure being produced, in accordance
with agreed Scottish scheme.
19.2 Employees will be reimbursed the additional costs arising
from a compulsory change in their place of work, establishing
approved items of expenditure and periods of reimbursement according
to the agreed Scottish schemes.
19.3 Where a council requires an employee to possess a Heavy
Goods Vehicle, Passenger Service Vehicle and/or other special
driving licence, the council shall meet the costs.
Index
PART 3 - OTHER NATIONAL PROVISIONS
1. PAY AND GRADING AND ENHANCEMENT PROVISIONS
1.1 Scottish grading provisions of the former Manual Workers'
Agreement and the former APT & C Agreement as at 31 March
1999 and the former APT & C scales remain as part of the new
Scottish agreement until superseded by local arrangements following
job evaluation. The enhancement provisions as contained in the
former APT & C and Manual Worker Schemes will remain in place
until superseded by local negotiations. These provisions are shown
as an appendix to Part 3.
1.2 Until the job evaluation exercise is completed the existing
spinal column for APT & C Staff and the weekly rates for Manual
Workers Grades 1-8 (which on an annualised basis are points 3-8
of the existing spinal column for APT & C Staff) will be updated
at 1 April in any year, in line with any pay increases which are
negotiated.
1.3 By 1 April 2002 all councils will be expected to have completed
the job evaluation exercise and assimilated all staff to a new
spinal column of hourly rates which will be agreed by the Scottish
Joint Council in 1999. Any other hourly rates, not on this new
spinal column, can only be used as recruitment/training rates.
Immediately an employee is undertaking the full range of duties
and responsibilities the rate for the job as determined by the
job evaluation exercise will be applied.
Index
2. WORKING ARRANGEMENTS
2.1 The arrangement of the working week shall be determined by
the authority in consultation with the recognised unions with
a view to reaching agreement. The working week of individual employees
may vary from the standard of 37 hours provided that the individual's
average over a pre-determined period does not exceed the standing
working week over the same period and shall not exceed an average
of 48 hours except by agreement.
2.2 In determining working arrangements to suit the needs of
the service, councils should take into account the circumstances
of individual and groups of individuals. Working time arrangements
should avoid (a) short notice changes to rostered or expected
patterns of work (b) excessive hours in any particular week and
(c) unnecessarily long periods over which the weekly hours are
arranged.
2.3 Councils shall have discretion to pay inclusive rates of
pay for non-standard working patterns to take all the features
of the job into account. Where inclusive scales are not in operation
the previous provisions will apply as stipulated in paragraph
1.1 above until local negotiations are concluded.
Index
3. TRAINING AND DEVELOPMENT
3.1 Purpose of the Training and Development Function
Training and development to meet the identified corporate needs
of authorities and the needs of employees should be placed firmly
at the forefront of authorities' service delivery plans to improve
both service delivery and organisational performance through employee
development.
It is recognised that effective and efficient organisations are
created through the integration of training and development with
the service.
Employers and recognised unions should co-operate to establish
and implement local policies, strategies, procedures and agreements
on training and development.
All training and development provision must be planned, delivered
and monitored on the basis of equality of access for all. Available
resources for training and development will be shared equitably
according to agreed need.
3.2 Policy Statements
Authorities should provide a written employee training and development
policy which should be communicated effectively to all employees
via management and recognised trades unions.
The written policy will normally include, statements of:
commitment to the training and development of all employees
responsibility and authority for the training and development
of all employees
the relationship between training and development policy and
the authority's equal opportunity policy
levels of responsibility and authority for the training and
development of employees on the authority's policy for the payment
of fees and expenses for training and development activity,
including examinations and workplace assessment costs
the authority's policy for the repayment of expenses incurred
by individuals participating in training and development, examinations
and/or workplace assessment activity.
The written policy will also normally include, information on
the processes relating to:
identifying corporate and individual training and development
needs
the process of validation and accreditation
resource allocation for training and development
evaluation and monitoring processes
how training and development policy links to corporate and
service plans
identifying corporate and individual training and development
needs
the authority's equal opportunities policy.
3.3 Needs Identification
Assessment and analysis of the training and development needs
of all employees will inform training and development plans.
These plans should be updated on a regular basis in line with
corporate and service plan.
These plans should describe how the authority's training and
development needs will be met and should identify, at organisational,
team and individual levels:
key objectives
targets
priorities
resources
responsibilities.
3.4 Job Related Training and Development
Training and development can include job related development
and processes to develop employees beyond their current job functions.
Job related development includes:
induction to the organisation
induction to the job
job related skills training
Adult Essential Skills, incorporating basic numeracy and literacy
lifelong learning.
3.5 Development Beyond the Current Job Function
Development beyond the immediate job function is important to
prepare employees for planned and potential roles to meet the
changing needs of the employment market. The process of developing
employees out-with their current job function will be wide and
varied and could include:
open/flexible learning
mentoring.
3.6 Paid Leave of Absence
All employees are entitled to paid leave of absence for the purpose
of sitting approved examinations or other forms of assessment
in relation to recognised qualifications.
In addition, leave may be granted for the purpose of a final
revision or preparation for approved examinations or assessment.
Where the examination or assessment for an approved course of
study falls within normal working hours all employees, will be
entitled to time off with pay.
3.7 Responsibilities
A policy statement with regard to responsibility for training
and developing all employees must be clearly identified and understood
throughout the authority, starting at the top. Policy statements
with regard to responsibilities for training and development of
all employees should include the a statements of the process to
ensure that:
managers are effective in carrying out their duties and responsibilities
for training and development of all employees
managers are actively involved in supporting all employees
to meet their agreed training and development needs
all employees are encouraged to help identify and meet their
job related training and development needs.
3.8 Financial Assistance
Employees participating in approved training and/or developments
are entitled to payment of normal earnings, all prescribed fees
and other relevant expenses arising from these activities.
Index
4. PAYMENTS TO EMPLOYEES IN THE EVENT OF DEATH OR PERMANENT
DISABILITY ARISING FROM ASSAULT
4.1 Employing councils will make payments in accordance with
sub-paragraph 4.2 to an employee (or, in the event of death, jointly
to the dependants of the employee) in the event of death or permanent
disablement of the employee arising from a violent or criminal
assault in the course, or as a consequence, of their employment.
4.2 The amounts payable are as follows:-
(i) In the event of death within twelve months from the date
of the assault and, in the opinion of the council, by reason thereof,
where the employee has left one or more dependants, the equivalent
of five years' gross remuneration at the rate applying at the
date of assault or £35,000, whichever is the greater. Where
the employee has left no dependants, the sum of £950 shall
be payable.
(ii) In the event of permanent total or partial disablement as
a result of the assault the percentage specified in the scale
set out in 4.4 below, of five times gross remuneration applying
at the date of the assault or £35,000, whichever is the
greater, provided that such payments shall, at the discretion
of the council, be reduced by the amount of any damages, or compensation
recoverable in respect of the particular injuries.
Note: "Dependants" in this paragraph means (a)
spouse residing with the employee at the date of death or, if
not residing, wholly or substantially supported by the employee:
and/or (b) a child who was wholly or mainly dependant on the employee
at the date of death and who has either not attained the age of
17 or who has since attaining the age of 17 has been engaged continuously
in full time education or in training for a trade, profession
or vocation; and/or (c) where they are wholly or substantially
supported by the employee, a parent, brother or sister, or a son
or daughter in excess of the limits referred to in (b) above.
4.3 A council may elect to pay amounts exceeding those specified
in 4.2 above if it is considered to be reasonable to do so or
from providing also for circumstances other than assault if the
council is satisfied that such a provision can lawfully be made.
4.4 Scale of Compensation
(i) Death total and irrecoverable loss of all sight in one or
both eyes, total loss by physical severance or complete loss of
use of one or both hands or feet at or above wrist or ankle, occurring
within twelve months from the date of the assault
100%
(ii) Permanent total and absolute disablement (other than as
stated at (i) above) from engaging in or giving attention to any
profession or occupation of any kind
100%
(iii) Permanent partial disablement (not otherwise provided for
above) the percentage of the capital sum set against the degree
of disablement in the following table.
| (a) Total loss of hearing in both ears |
40% |
| (b) Total loss of hearing in one ear |
10% |
| (c) Complete loss of use of hip or knee
or ankle |
20% |
| (d) Removal of the lower jaw by surgical
operation |
30% |
| (e) Fractured leg or foot with established
non-union |
25% |
| (f) Fractured knee-cap with established non-union |
20% |
| (g) Shortening of a leg by at least 3
centimetres |
15% |
| (h) Loss by amputation or complete loss
of: |
|
| |
Right |
Left |
To be reversed if insured
person
is left handed |
| (i) one thumb |
20% |
17.5% |
| (ii) one index finger |
15% |
12.5% |
| (iii) any other finger |
10% |
7.5% |
| (iv) one big toe |
10% |
10% |
| (v) any other toe |
3% |
3% |
| (i) Complete loss of shoulder or elbow |
25% |
20% |
| (j) Complete loss of use of wrist |
20% |
15% |
Index
5. MEALS AND ACCOMMODATION CHARGES
Arrangements in the former APT & C and Manual Worker Scottish
agreements as at 31 March 1999 in relation to (i) free meals and
(ii) accommodation and meal charges will remain in place unless
and until alternative arrangements are agreed locally. In the
meantime charges will be reviewed annually in line with movements
in the appropriate sector(s) of the Retail Prices Index.
Index
6. NURSERY EMPLOYEES
Nursery employees are defined as working directly with children
in classrooms up to the age of seven or working with children
with statements of special educational needs.
(a) Nursery employees will be regarded as full-time employees
if regularly employed for ten sessions or more per week (including
lunch breaks where worked) during the school term or, where
a sessional basis is inappropriate, for 32.5 hours (including
lunch breaks where worked).
The right of the employer to require further work outside normal
school hours is subject to payment at the plain time rate (based
on 1/32.5 of weekly pay) or at the overtime rate of 1.5/32.5
for hours worked beyond the standard 37 hour working week.
(b) There will be no abatement of pay in respect of days not
required to be worked during school holidays.
(c) Nursery employees employed full-time should be available
to work for 195 days in any year, of which 190 days will be
days on which pupil contact is required.
Index
More. APPENDIX:
EXTRACT FROM SCHEME OF CONDITIONS FOR MANUAL WORKERS RELATING
TO ENHANCEMENTS
|
