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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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% |
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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.
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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
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