HAY JOB EVALUATION

NEWS UPDATE: 8th June 2006

It has been a while since we have had an update on what is happening regarding the Hay scheme within the County Council. This bulletin summarises the most immediate issues. We want to consult members on the new evaluation process when we have completed negotiations with the Council.

Failure to lodge Employment Tribunal Claim

Members should be aware that we may have had a claim against the Council for failure to consult on the dismissals to impose Hay. A similar case was lodges for Leicestershire County Council branch and was successful.

Members should also be aware that the authority to lodge legal complaints rests with our Regional Office and not with the Branch. The Region have admitted that they failed to lodge this claim (under S188 of the Trade Union and Labour Relations Consolidation Act 1992) but have not accepted that such a claim would have been successful.

Obviously, we wish to conclude this issue very quickly, and to do this we need the following information:

A newsletter has been sent to all members affected by Hay seeking this individual information. Please make sure you return your form by 7th July 2006. As soon as we have more news on resolving this issue we will be in touch.

Re-engagement of Hay

For some time now, the Council has been operating the Hay scheme in-house. However the Council have decided to outsource all gradings for the new structure and for other reasons back to Hay

UNISON have argued strongly against this as we have outstanding concerns about the quality and consistency of the work undertaken by Hay in the first round. We have made it clear to management that it is not acceptable to re-engage Hay, and have put forward alternatives. These have been ignored.

To discuss this further, we have arranged a meeting for members on 23rd June at 12.30 in the Council Chamber. Jack Markiewicz, Head of Corporate HR, has agreed to address members on the decision to re-engage Hay.

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NEWS UPDATE: 4th February 2005

Update of appeals against dismissal

You may recall that we have been waiting for the Authority to confirm how they wished to structure the appeals against dismissals for Hay. Our position has been that the procedure already exists and that this agreed procedure should be followed.

They have now taken legal advice and offered the following procedure:

The management case will be presented to the panel and appellants in one meeting. This means that appellants will have to cross-examine management witnesses in front of all the other appellants and their representatives.

We have rejected this for the following reasons:

We are still awaiting a response from the Council on what they intend to do now, although we have urged that a decision is made quickly as we have been waiting for these appeals for a year already.

Leicestershire Legal Ruling

Many of you will have heard that UNISON has been successful in winning an Employment Tribunal on behalf of members at Leicestershire County Council. You may not know that they imposed Hay on all staff and like at Notts. dismissed them to impose the new grading system. The challenge was on the failure of the council to consult properly. The Trade Union and Labour Relations Act 1993 requires employers who are dismissing more than 20 staff to consult with the recognised trade unions to explore ways to avoid making the dismissals.

Leicestershire failed to do this. The remedy for this failure is a payment of compensation of 90 days pay to 1100 of the downgraded staff and 20 days pay to 1550 of the staff who were upgraded but had their conditions of service eroded, e.g. loss of bonus payments.

The important thing to note is that the imposed grading structure remains. We are investigating this issue through our solicitors, as soon as we receive an answer we will write out to all affected members. We are also asking why we were not alerted to this legal avenue as our situation is very similar to members at Leicestershire.

Making progress – The next steps

We are sure that all members will share our frustration at the lack of progress in gaining an open and transparent pay and grading structure. Whilst the Council is committed to bringing the Hay process in-house, this doesn't address our deep concerns at the lack of transparency and consistency surrounding the original process.

As you will all know the Council believe this process is complete, but we need to ensure that our concerns are properly addressed. To this end we are proposing that any member with outstanding issues register a grievance with the Authority. You will find the Grievance Procedure on the intranet and in the Personnel Handbook. Your local steward should also be able to advise you on this process. You may wish to consider raising concerns on the following issues:

To initiate a grievance you need to write to your manager outlining your complaint.

We strongly urge all members to register a grievance to increase the pressure on the Authority to resolve your situation.

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CONSULTATION ON THE PROPOSED APPEAL PROCEDURE: December 2003

We have now gone as far as we can with negotiations over the appeals procedure for the Hay outcomes. As you will recall we stated that you, as UNISON members would make the decision whether to accept or reject the proposed appeals process.

We have also organised two meetings next week

Wed 3rd Dec, 12.30 to 1.30 pm The Exchange Room, County Hall, West Bridgford

Thurs 4th Dec, 12.30 to 1.30 pm Room 4, Mansfield Civic Centre, Chesterfield Rd South, Mansfield

Please come along so we can debate these proposals.

Please read the proposals set out below carefully and make sure you use your vote. You will be sent a ballot paper to your usual address. If you have any questions then email:  branch.office@nottsunison.org.uk

Process for Appeals Arising Out of the Pay Structure Phase 1

  1. An employee who is dissatisfied with the grading of his/her post must submit an appeal in writing to their line manager.
  2. As a first step, the appeal should be discussed with the employee, their line manager and a trade union representative as soon as possible.
  3. If the appellant chooses to pursue the appeal, a standard appeal form must be completed and forwarded to the Departmental Personnel team by 31 January 2004.
  4. Hay will re-evaluate the job, ensuring that the re-evaluation is carried out independent of anyone involved in the original evaluation.
  5. Acceptable grounds for appeal are:
  1. The effective date of any successful appeal is 1 April 2002
  2. The results of the appeal will be discussed in full at a meeting with the appellant, trade union representative and departmental Personnel Officer. The Departmental Personnel Officer will refer or progress as appropriate any further employment issues that emerge from this meeting. Common themes emerging from appeal outcomes will be monitored and discussed with the trade unions through the Corporate Joint Forum or departmental JCNPs.
  3. The outcome of the appeal will be either to up-grade the job or to confirm that the grade remains the same.
  4. Any appeal against the grading of a post will be exhausted by this process, the outcome of which will be final. There will be no further right of appeal, either within or outside the County Council.
  5. Nothing in this procedure shall prejudice the legal rights of the employee and employer.

UNISON’s Position:

Where we have made progress

Where we haven’t made progress

Jill Turner, Branch Chair

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Hay Job Evaluation Standard Appeal letter: 2003

UNISON recommends the use of the following as the basis of the letter to register your appeal against the outcome of the Hay Job Evaluation, pending agreement being reached on an Appeals process.

The letter should be sent to the Head of your Department’s Personnel section from your home address, with UNISON copied in. Please send a copy to us at the Branch Office, 39-41 Loughborough Road, West Bridgford, Nottingham, NG2 7LJ.

Home Address

Your ref

Date

To: Head of Personnel

Dear__________

HAY JOB EVALUATION: REGISTRATION OF APPEAL

I hereby register my appeal against the outcome of the Hay evaluation of my post.

I will confirm the ground(s) for my appeal once I have been informed that an appeals process has been formally agreed and introduced in the Authority.

In order to prepare my case, I require that the Authority provide me with the following information in writing:

  1. An explanation of the process used to grade my post
  2. Details of the score for my post
  3. Details of how the score was calculated
  4. Copies of all correspondence between Hay and the Authority relating to my post and its grading

I await your written response.

Yours etc

cc UNISON Branch Office

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Collating info

We also need to collate information as to how many members have lost out following the results of Hay which you should have received on or around 29th September 2003. So could you please send us the following information:

You can send us an e-mail at: branch.office@nottsunison.org.uk

Or fax us on: 0115 981 5697

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Implementation of Phase 1 of the new pay structure – Joint Advice document

In recent communications to employees affected by implementation of Phase 1 of the new pay structure, the Chief Executive and the trade unions referred to their continuing commitment to working both positively and jointly. Part of this was an undertaking to issue some joint advice which would detail some of the practical implications in relation to implementation.

This document has been developed to try and respond to some of the specific employment related questions that you may have. Clearly all the issues may not be covered and should you need further advice on specific questions please contact your departmental personnel team or trade union steward.

A separate Employee Guide has been produced which attempts to provide employees with information about implementation of the results of the Hay Job Evaluation exercise and Phase 1 of the new pay structure.

Frequently Asked Questions

What does implementation of the new pay structure mean for me as an employee?

As it has not been possible to reach collective agreement, the employees affected by implementation of Phase 1 of the new pay structure will be sent letters giving them 3 months notice that their existing contracts of employment will be terminated on 1st January 2004 and offering them re-engagement on 2nd January 2004 on the new terms and conditions. In law there are a number of potentially fair reasons to dismiss an employee. The law requires employers to inform employees of the reason for their dismissal. The reason for dismissal in this case is what is described in law as “some other substantial reason”. This is a category for dismissals that are capable of being fair but do not fall into any of the other very specific categories of dismissal. Many of the cases coming under this category involve changes in terms and conditions. In law where “dismissals” affect more than 20 people, employers are under a duty to consult with the trade unions in accordance with Section 188 of the Trade Union and Labour Relations (Consolidation) Act. The Council has complied with these provisions by issuing a Section 188 notice to the recognised trade unions. For employees the important point to bear in mind is that this is a process that the Authority is obliged to follow but that will have little impact on you directly. You will be required to sign the new contract acceptance form and return it to your departmental personnel team before your existing contract terminates on 1st January 2004.

What effect will working under a new contract of employment have on my existing conditions of service?

Your continuous service and conditions of service, other than pay and grade (including career grade schemes if applicable), will continue as before and will not be affected by accepting the new contract. Terms and conditions that will remain unchanged by the new contract include annual leave entitlement, notice periods, entitlement to sick pay, maternity and other allowances. (This list is not exhaustive.)

What if I choose not to sign the new contract?

As you are being dismissed, if you do not complete the acceptance form you will no longer be employed by the County Council. If you are unsure about whether to sign your new contract it is important to speak to your Personnel Section or your trade union rep.

If I do not accept the new contract will I be entitled to claim redundancy?

This is not a redundancy situation and you will not be entitled to a redundancy payment. All employees whose contracts are being terminated will be offered immediate re-engagement.

What effect will accepting the new contract have on my pension?

This will depend on where you have been assimilated into the new pay structure.

The Local Government Pension Scheme is a final pay scheme and under normal circumstances pension benefits are calculated on the best of the last three years pensionable earnings, each year ending on either the last day of employment or the anniversary of that day.

When an employee’s change of contract requires a reduction in pay, the Pension Regulations provide two options:

What rights of Appeal do I have against the termination of my contract/dismissal?

As outlined in the letter from the Chief Executive dated 9th September, the notice to terminate your contract has been issued because formal agreement has not been reached with the Trade Unions. This is a technical termination only to give legal effect to the new conditions.

As your employment will cease on 1st January 2004 you will be able to lodge an appeal of unfair dismissal internally with Elected Members. You also have the right to lodge a claim of unfair dismissal with an Employment Tribunal providing that you have more than 1 years service at the effective date of termination.

An application to an employment tribunal may be made as soon as an employer has given notice of dismissal but must be received within three months beginning with the date your employment ended. It will be for the employer i.e. Nottinghamshire County Council to show that dismissal was for one of the reasons specified under legislation, in this case “some other substantial reason”. It will be for the employment tribunal to decide whether in the circumstances the employer acted reasonably in treating the reason as a sufficient reason to dismiss the employee.

Where trade union members feel they may have a claim for a Tribunal their union will have a process for lodging them. You need to talk to your local rep

Further information can be obtained from your trade union or the employment tribunals website www.employmenttribunals.gov.uk or the employment tribunals enquiry line on 0845 795 9775.

What if the grade of my post has gone down?

If your post has been downgraded, a Pay Protection Policy has been agreed with the trade unions. The period of pay protection will begin from the date that the new employment contract starts. Choices about which option of the pay protection policy you choose will need to be notified to your departmental personnel team by the end of December 2003.

What rights of Appeal do I have against the grading of my post?

A process for dealing with Appeals against the grading of your post is still the subject of consultation between the County Council and the trade unions. As soon as this is confirmed all employees will be notified of the Appeals Process and any deadline for lodging an appeal.

What if my post has been evaluated as a Band A?

It has been agreed to delay Band A implementation until those jobs can be reassessed using the National Job Evaluation scheme. This will include a delay in the start of pay protection arrangements for anyone adversely affected in Band A.

What will happen to the 5% plussage payment made to certain Senior Officers?

The payments were made pending job evaluation and were of a temporary nature. Payments will cease at the end of September. This was made clear to the recipients at the time the payments were made. Any 5% plussage already paid will be deducted from any arrears that may be due if a post has been evaluated at a higher grade. If the post is evaluated at a lower grade the will be no attempt to recover any previous pay, whether substantive pay or supplements.

What will happen in the next few weeks?

During week commencing 29th September all employees affected by Phase 1 of the new Pay Structure will be notified by letter of where their job fits into the new pay structure and what, if any, affect this will have on their pay and grade. These letters will also give notice that employees’ existing contracts will be terminated with the offer of re-engagement on new terms and conditions. The notice period is the statutory 12 weeks which means that contracts of employment will be terminated on 1st January 2004, with the offer of re-engagement commencing on 2nd January 2004.

Where can I go for further advice or support?

If after reading this guide you have further queries you could access further information from a number of sources including:

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