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Single Status/ 'Modernising Pay' Queries

Questions and Answers

This page will be updated as stewards and officers collate questions from members. Always check here first before contacting your steward or the branch. See also the Council's Q&As in their briefings or phone the Council helpline on 0131 469 5060.

14 July: MODERNISING PAY: Some members have been raising queries about the dismissal and re-engagement letters. Click here for more advice on completing them (pdf)

Why should I not sign first time?
Will I lose out if I don't sign voluntarily first time?
What is Single Status/Modernising Pay?
What is job evaluation?
Why have other conditions like public holidays been included?
Changes to Annual Leave/Public Holidays. How do they affect me?
Are the Flexi-time rules or the scheme being changed?
What is an equality assessment and how does that affect any ballot?
What is the legal position and what is UNISON doing about that?
How does this affect equal pay claims?
What happens to 'Bonus'?
What does 'red circle', 'white circle' and 'green circle' mean?
Is there pay protection in the Council's proposals?
What if I am on 'lifetime' protection?
What happens to working time payments?
Is there protection for members who would be due an incremental step increase on 1 April 2010?
What about my pension?
Will there be an appeal system?
What happens now? Do we vote on this? Can we take action?
Will the Council impose the changes?
If the Council give the 90 day notice and you are dismissed and reinstated on the new contract is your pay still protected for 3 years? Do you still have the right to appeal?

 

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Why should I not sign first time?

UNISON believes that there are problems in the new pay system including detrimental changes to your existing terms and conditions. For that reason we cannot recommend that you abandon your current contract on a voluntary basis.

UNISON’s advice must remain that you should not sign to abandon your current contract voluntarily. If you volunteer at this stage to give up your current contract and sign up to the new pay and conditions, you could lose rights to pursue a case against the Council at a later date. This is because you would have voluntarily chosen, without the threat of losing your job, to change your contract.

You will not lose your job by refusing to sign up voluntarily and you will get another offer of a contract on the new conditions in July 2010. But when this second offer comes, the situation is different. It will also give notice to terminate your current contract. Our advice is you must accept the second offer, albeit under duress, to keep your job. You have nothing to lose - and possibly much to gain - by waiting until July and you will still retain your continuous service, accrued annual leave, sickness entitlement and pension rights.

Click here for the branch briefings for more detail

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Will I lose out if I don't sign voluntarily first time?

There is a rumour that if staff will lose out if they don't sign. Signing or not signing has no effect on your personal contractual position, ie we will all accept it either voluntarily or under duress and we will all have the package as a whole imposed. Therefore when you sign is a complete red herring. Council is clear that the same deal will be available in the first and second offers. So there will be no detriment in waiting for the second offer.

Click here for the branch briefings for moe detail

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What is Single Status/Modernising Pay?

Traditionally councils have had two sets of conditions. 'Manual Workers' covers jobs like Roads,Catering, Cleaning and Home Carers and traditionally were paid weekly (some fortnightly). APT&C covers jobs like admin, some care workers and professional jobs like Social Work, Trading Standards Officers and so on and they were traditionally paid monthly.

Single Status, agreed by union members in a Scotland-wide ballot in 1999, aimed to have one set of conditions. Every job in local government would be evaluated through an agreed scheme which would make gradings transparent and meet the requirements of pay equality legislation.

Edinburgh is one of the last Councils to get to implementation.

Craft workers, Chief Officers, Blindcraft staff and teachers are not included in Single Status.

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What is job evaluation?

Branch members voted in a ballot in Edinburgh in February 2006 to enter into negotiations around the Capital Job Evaluation Scheme. The Branch had been trying to get the Council to implement the agreed Scottish scheme but evidence suggested the Capital scheme would meet the necessary equality criteria and may have less dramatic swings between 'winners and losers'.

Jobs are evaluated against a set of factors and each factor is given a score. These are totalled and put into a rank order which decides the pay and grading for each job. In theory this should be fairer and comparable jobs should have equal gradings.

For some of the history of the negotiations, click www.unison-edinburgh.org.uk/condits/jobeval.html

Job evaluation is part of the deal signed in 1999. The council must come up with a scheme to meet the legislation. It is better that the union and its members are part of that process. The union cannot associate itself with standing in the way of an equal pay system. It is what we have long campaigned for. However, UNISON believes the Council has not invested enough and that will affect pay at the end of the day.

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Why have other conditions like public holidays been included?

The Council has lumped a range of other conditions into the process. These include overtime, the working week, public holidays being translated to annual leave etc. UNISON has always taken the position that any changes to conditions - except those needed to ensure equality - should be negotiated and voted on separately. We have always argued for 'levelling up' rather than 'levelling down'.

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Changes to Annual Leave/Public Holidays. How do they affect me?

Everybody EXCEPT Term-Time Workers will have all Public Holidays apart from 25th/26th Dec and 1st/2nd January converted into Annual Leave.

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Are the Flexi-time rules or the scheme being changed?

No. Originally the Council wished to place more stringent restrictions on Flexi-Time but , after negotiation , the proposals were withdrawn.

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What is an equality assessment and how does that affect any ballot?

An equality assessment looks at the job evaluation to assess whether it delivers equality in terms of equal pay legislation. Any scheme must be 'equality-proof'. This is absolutely essential for the union and indeed for the Council if it is to avoid future claims.

The union could not legally ballot on a scheme that was not 'equality-proof'.

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What is the legal position and what is UNISON doing about that?

The Council has to come up with a scheme that meets equal pay legislation and UNISON also needs to ensure that any scheme is 'equality proof'.

UNISON legal advisers will go over all aspects of the scheme and this will ultimately decide the Branch's final approach to the proposals.

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How does this affect equal pay claims?

Equal Pay claims will carry on as usual. Claims already lodged will not be affected. When Single Status is properly implemented it should deliver on equal pay and there should be no inequalities that lead to future claims (although it may expose new back claims).

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What happens to 'Bonus'?

Under Equal Pay legislation, comparing jobs done mainly by women (like home carers) with jobs done mainly by men (like roadworkers) - the first difference noticed is usually bonus.

Under the Council's current proposals all bonus schemes will end although there will be three year's protection of normal contractual pay. Some people who lose bonus may find their main grade increases.

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What does 'red circle', 'white circle' and 'green circle' mean?

Normal contractual pay does not include discretionary overtime, acting up payments or voluntary standby.

Green Circle means your placing on the new scheme will mean an increase in normal contractual pay (although other conditions changes may affect this)

White Circle means your normal contractual pay should not change (although other conditions changes may affect this)

Red Circle means your normal contractual pay (including shift and bonus payments) will be protected for three years if it is more than your current base pay and any working time payments. But this is a 'standstill' protection - see the next question.

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Is there pay protection in the Council's proposals?

The original Single Status deal had three years' protection for anyone whose pay went down as a result of job evaluation. Since then, some legal difficulties have arisen.

However, the Council's proposals allow for a three year 'frozen' protection. This means your protected pay will be frozen at the level on the day the scheme comes in.

Your protected pay level will not qualify for increments or pay rises in the usual negotiated pay rounds - but they will be applied to your new base rate.

The Council says it plans to look at redeployment, upskilling and employee development to limit loss of pay, where this would be lawful.

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What if I am on 'lifetime' protection?

One of the improvements won by the unions was thet so-called lifetime protection would be protected for three years.

On a more general point the Branch's view is that Lifetime Protection provisions for organisational reviews in the future is defendable and should remain in place. The Council currently propose to end the Lifetime Protection Agreement on implementation of "Pay Modernisation".

The problem of lifetime protection has arisen in other authorities through the equal pay and single status process. It is argued that such protection can be used as a comparator in equal pay claims and that such protection may be unsupportable in terms of an equality proof pay scheme.

The union won a legal case in 1995/96 to preserve the local agreement on lifetime protection but times have changed and we are one of the few branches that still have such an agreement.

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What happens to working time payments?

It is proposed that a new set of Working Time Payments will replace things such as Shift Allowance , irregular hours payments, split shifts etc and will be calculated separately from your base pay.

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Is there protection for members who would be due an incremental step increase on 1 April 2010?

UNISON's understanding is that no protection will apply as peoples' original contract would end on 31st March and the new one commence 1st April so people would not be on their new amount. If implementation does not happen at 1st April then increments will be given as normal because your original contract will still be in force.

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What about my pension?

If you are actually losing out on pensionable income, you should consider contacting management about a Certificate of Protection of Pension Benefits and your final pay could be:

  • the best year's pensionable pay from the last five years up to date of retiral,
  • or the best three year average from the last 13 years.

Because everyone's individual circumstances are different you should take advice direct from the Lothian Pension Fund 0131 529 4638

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Will there be an appeal system?

An Appeals System has been negotiated that will have the involvement of Trade Union Reps as part of Appeals Panel. The Council are insistent that Appeals can only be dealt with AFTER implementation of the whole package of proposals in April next year. UNISON will continue to argue that obvious anomalies should be dealt with prior to this.

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What happens now? Do we vote on this? Can we take action?

Over the month of July UNISON will be consulting with it's members over the proposals , through meetings mailings etc. Once the consultation is complete and we have the necessary legal advice we will seek to re-enter negotiations with the Council.

Depending on the progress of any negotiations and on advice from UNISON HQ and UNISON's legal advisers, there are a number of options. No decision has been taken on any of these yet and all are subject to legal and UNISON HQ decisions. Among the options are...

  • Accept that the package is the best that can be achieved by negotiation and ballot all members (only if scheme equality proof)

  • Reject the whole package and ballot all members (may be difficult if scheme equality proof - union cannot stand in the way of an equality proofed scheme on that basis alone)

  • Ballot separately on Single Status and the other conditions changes

  • Reject any package and await a response from the Council

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Will the Council impose the changes?

The Council's own briefing states it may at some point choose to impose the scheme (as other Councils have) by giving notice of dismissal and re-engagement by issuing new contracts.

If that happens, UNISON would not rule out action against imposition or action after imposition on behalf of members unfairly affected.

Please note that the Council's own briefing stresses that issuing new contracts would not mean losing your continuity of service.

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If the Council give the 90 day notice and you are dismissed and reinstated on the new contract is your pay still protected for 3 years? Do you still have the right to appeal?

If you are dismissed & reinstated, then the 3 year protection period still applies. The right to appeal would not be affected.

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