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PART 2 - KEY SCOTTISH PROVISIONS
1. EQUALITIES
1.1 Employees will be afforded equal opportunities
in employment irrespective of disability, gender,
race, religion, age, sexuality and marital status.
1.2 Councils will ensure that discriminatory practices
are identified and removed and non-discriminatory
practices introduced in all areas of employment including
recruitment, training and promotion. Lawful positive
action initiatives should be considered to achieve
and maintain a representative workforce.
1.3 All councils will adopt a policy promoting equality
of opportunity in employment. (UK Guide or COSLA Guide
to be inserted in Part 4.)
1.4 Conditions are equally applicable to all employees
irrespective of hours worked.
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2. OFFICIAL CONDUCT
2.1 Employees will maintain conduct of the highest
standard such that public confidence in their integrity
is sustained.
2.2 Local codes of practice will be developed to
cover the official conduct and the obligations of
employees and employers.
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3. TRAINING AND DEVELOPMENT
3.1 Training and development to meet both the individual
needs of employees and the corporate needs of authorities
should be placed firmly in the forefront of authorities'
service delivery plans. Employers and recognised unions
shall co-operate to establish and implement local
schemes on training and development. All training
and development provision should be planned, delivered
and monitored on the basis of equality of access for
all, including part-timers. Resources for training
and development should be shared equitably across
all categories of employee and occupational groups.
Employees attending or undertaking approved training/and
or development are entitled to payment of normal earnings,
all prescribed fees and other relevant expenses arising.
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4. HEALTH, SAFETY AND WELFARE
4.1 Councils have a duty to comply with the law governing
the health, safety and welfare of employees, including
the conditions under which they work and the provision
and maintenance of necessary protective clothing.
4.2 Employees have a duty to take care of themselves
and others affected by their activity at work and
to co-operate with employers' actions taken to meet
their duties under the relevant Regulations.
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5. PAY AND GRADING
5.1 The pay and grading of jobs must be fair and
non-discriminatory, complying with equal pay legislation
and associated Codes of Practice and it is recommended
that the job evaluation scheme which has been developed
for Scottish councils be used.
5.2 The basic pay of each employee will consist of
either a point or points on the new Scottish pay spine.
If a common system for all employees is not adopted
locally, there needs to be objective justification
for any distinction between those jobs paid on scales
and those which are paid on single pay points.
5.3 Employees dissatisfied with the grading of their
job are entitled to appeal for a reconsideration of
the grading. Procedures will be agreed locally to
deal with such appeals. While there is no general
right of appeal to the Scottish Council where there
are matters of dispute regarding an individual's rights
under the scheme, it is agreed there will be a joint
mechanism to deal with this.
5.4 Local arrangements will be agreed with the recognised
trade unions to recognise temporary additional duties
where employees act up in the absence of more senior
employees.
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6. WORKING TIME ARRANGEMENTS
6.1 The working time arrangements are as set out
in paragraph 15 of the Implementation agreement.
6.2 Employees who are required to work non-standard
patterns of work will be compensated in accordance
with the provisions of Section 2 of Part 3.
6.3 Variations to the established working week or
patterns of work will be reasonable and subject to
adequate notice.
6.4 Working arrangements will comply with relevant
Health and Safety legislation, including the European
working time directive and its associated UK legislation.
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7. LEAVE
Public Holidays
7.1 General and public holidays recognised by the
council for its employees will be granted as holidays
with pay. By local agreement some of these may be
added to annual leave.
Annual Leave
7.2 Each council will fix a definite leave year.
7.3 The minimum paid full annual leave entitlement
is twenty days. An employee who has at least five
years continuous service at the commencement of the
leave year qualifies for a further five days annual
leave.
7.4 The entitlements to annual leave and public holidays
as expressed above applies to five day working patterns.
For alternative working patterns equivalent leave
entitlements will be calculated.
7.5 The annual leave entitlement of employees leaving
or joining a council will be proportionate to their
completed service during the leave year.
7.6 Where an employee has been absent through illness
for a period exceeding three months the council will
have discretion to limit the annual leave to an amount
equal to the period of actual service given during
the leave year.
7.7 Calculating Leave Entitlement
For the purpose of calculating leave (annual and
public holidays) entitlements may where necessary
be expressed in hours over the leave year.
7.8 Special Leave
7.8.1 Additional Leave
Additional leave with or without pay may be granted
in special circumstances at the discretion of the
employing council.
7.8.2 Public Duties
Paid leave of absence will be granted for employees
undertaking jury service and paid leave of absence,
with the approval of the Council, will be granted
to employees serving on public bodies or undertaking
public duties. Where an allowance is claimable for
loss of earnings the employee should claim and pay
the allowance to the employing authority.
7.8.3 Health
Employees will be entitled to take such reasonable
time off without loss of pay as is required for the
purpose of preventative medical examination.
7.8.4 Maternity Support Leave
Maternity support leave of five days with pay will
be granted to the child's father or the partner or
nominated carer of an expectant mother at or around
the time of birth. The 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.
7.8.5 Child Care and Dependants
Councils should be encouraged to develop policies
which recognise the particular requirement of employees
with responsibilities for children and dependants.
7.8.6 Adoption Leave
Councils should introduce adoption leave for employees
adopting children.
7.9 Definition of Pay
For the purposes of 7.1 to 7.8 above pay includes
any regular payment made under the contractual provisions
of an employee's terms and conditions of employment.
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8. PART TIME EMPLOYEES
8.1 All employees will be treated equally regardless
of hours worked including:
(a) training and development - where part time employees
should have access equal to that of full time employees
and when on training courses outside their contracted
daily hours shall be paid on the same basis as full
time employees.
(b) the car allowance scheme - which applies to part
time employees in full on the same basis as full time
employees.
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9. TEMPORARY EMPLOYEES
9.1 Temporary employees shall receive pay and conditions
of service equivalent to that of permanent employees.
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10. SICKNESS PROVISIONS
10.1 Sickness Allowances
10.1.1 The provisions relating to sickness allowances
which are payable by the council are set out in sub-clause
10.2.4. These allowances are complementary to the
statute based payments which an employee may receive
and are subject to a range of conditions, many of
which are additional to those applying to the statute
based payments.
10.1.2 An employee is not entitled to receive sick
pay under the scheme unless:
(i) notification is made immediately to the person
identified for this purpose by the council;
(ii) further notification is made as required by
the council;
(iii) a doctor's statement is submitted to the council
not later than the eighth calendar day of absence;
(iv) subsequent doctor's statements are submitted
as necessary.
(v) in cases where the doctor's statement covers
a period exceeding fourteen days or where more than
one statement is necessary, the employee must, before
returning to work submit to the council a final statement
as to fitness to resume duties;
(vi) on return to work the employee signs a statement
detailing the reasons for absence for all absences
up to and including seven days.
10.1.3 Where, for the purpose of qualifying for sick
pay under the scheme, a council requires a doctor's
statement from an employee, the council will, [with
exception of 10.1.2 iii-v above], reimburse the employee
the costs of such a statement on the provision of
a receipt.
10.1.4 An employee who falls sick during the course
of annual leave will be regarded as being on sick
leave from the date of a doctor's statement.
10.1.5 Where an employee is receiving sick pay under
the Scheme, sick pay will continue if a public or
extra statutory holiday falls during such sickness
absence. No substitute public or extra statutory holiday
will be given. Where an officer has exhausted sickness
allowance entitlement, no payment should be made in
respect of a public holiday occurring during the period
of absence.
10.1.6 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.
10.2 Exclusion from Entitlement
10.2.1 There is no entitlement to sickness allowance
if an employee:
- has less than 26 weeks continuous service;
- goes sick during a stoppage of work at the place
of employment due to a trade dispute, unless the employee
has not taken part in the trade dispute and has no
direct interest in it;
- on the first day of sickness has already exhausted
or subsequently exhausts sickness allowance entitlement
(see sub-clause 10.2.4);
- on the first day of sickness is in legal custody
or is subsequently taken into legal custody;
- fails to satisfy or to continue to satisfy the
notification or certification requirements;
- is absent on maternity leave;
- terminates or has their contract of employment
terminated.
Note:
The provisions of this scheme cease to apply to an
employee whose contract of employment is terminated
in pursuance of the provision of the Superannuation
Act applicable to the case, whether by reason of permanent
ill health or infirmity of mind or body or by reason
of age; this is however without prejudice to the right
of an officer whose employment is terminated by reason
of permanent ill health or infirmity to receive the
period of notice specified in the contract of service
where appropriate.
10.2.2 Sick pay may be suspended if an employee abuses
the sickness scheme or is absent on account of (i)
sickness due or attributable to deliberate conduct
prejudicial to recovery; or (ii) the employee's own
misconduct or neglect; or (iii) active participation
in professional sport; or (iv) injury while working
in the employee's own time on their own account for
private gain or for another employer. The council
will advise the employee of the ground for suspension
and the employee will have a right of appeal to the
appropriate committee of the council. If the council
decides that the grounds were justified then the employee
will forfeit the right to any further payment in respect
of that period of absence. Repeated abuse of the sickness
scheme should be dealt with under the disciplinary
procedure.
10.2.3 An employee who is paid any damages as the
result of an accident will be required to re-pay any
sickness allowance advanced, either in total or the
proportion thereof represented in the amount of damages
received. Any period of absence in such a case where
a refund of the advance is made in full, will not
be treated as sickness absence.
10.2.4 Payment and Period of Entitlement
An employee's entitlement to sickness allowance will
depend on length of continuous service as follows:
Service at
commencement
of absence from duty |
Full Allowance
for |
Half Allowance
for |
| Less than 26 weeks |
Nil |
Nil |
| 26 weeks or more but less than 1 year |
5 weeks |
5 weeks |
| 1 year but less than 2 years |
9 weeks |
9 weeks |
| 2 years but less than 3 years |
18 weeks |
18 weeks |
| 3 years but less than 5 years |
22 weeks |
22 weeks |
| 5 years and over |
26 weeks |
26 weeks |
In exceptional circumstances there shall be local discretion
to extend the period of full allowance or half allowance
provided for in this paragraph.
The period during which sick pay will be paid, and the
rate of sick pay, in respect of any period of absence
will be calculated by deducting from the employee's
entitlement on the first day the aggregate of periods
of paid absence during the twelve months immediately
preceding the first day of absence.
10.3 Calculation of Allowance
10.3.1 In the case of full pay periods sick pay will
be an amount which when added to Statutory Sick Pay
and Incapacity Benefit receivable will secure the
equivalent of normal pay.
10.3.2 In the case of half-pay periods sick pay will
be an amount equal to half normal earnings plus an
amount equivalent to Statutory Sick Pay and Incapacity
benefit receivable, so long as the total sum does
not exceed normal pay.
10.3.3 Definition of Normal Pay
Normal pay includes all earnings that would be paid
during a period of normal working but excluding any
payments not made on a regular basis.
10.3.4 The social security benefits to be taken into
account for the calculation of sick pay are those
to which an employee is entitled on the basis that
the employee has satisfied so far as is possible:
(i) the conditions for the reporting of sickness
as required by the council;
(ii) the claiming of benefits;
(iii) the obligation to declare any entitlements
to benefits and any subsequent changes in circumstances
affecting such entitlement.
10.4 Sickness or Disablement due to an Accident
in the Course of Employment
Absence in respect of normal sickness is entirely
separate from absence through industrial disease or
injury arising out of or in the course of employment
with a council. Periods of absence in respect of one
will not be offset against the other for the purpose
of calculating entitlements under the scheme.
An absence due to an accident will only qualify for
payment under this paragraph when an entry in the
Accident Book (Form BI 510) approved for the purposes
of the Social Security Act 1975 is appropriate and
has been completed, and in the subsequent investigation
by the council the facts so recorded are found to
be accurate.
Note:
Every effort must be made to ensure that all accidents
are entered in the Accident Book (Form BI 510) including
those where the employee, as a result of the accident,
is unable to make the entry personally. In circumstances
where no entry is made at the time of the accident,
the council should not unreasonably refuse the payment
of industrial injury allowance. The council will still
need to carry out the required investigation into
the accident to establish the facts. If that investigation
establishes that an accident took place arising out
of or in the course of employment, the employee will
nonetheless be entitled to the industrial injury allowance,
despite the fact that no entry has been made in the
Accident Book.
10.5 Medical Examination
An employee will, if required by the council at any
time, submit to a medical examination by a medical
practitioner nominated by the council, subject to
the provisions of the Access to Medical Reports Act
1988 where applicable. Any costs associated with the
examination will be met by the employing council.
Where it is necessary to obtain a second medical opinion,
it should be provided by an independent medical referee
as nominated by the council.
10.6 Infectious Diseases
An employee who is prevented from attending work
because of contact with infectious disease will advise
the Head of Department immediately and will be entitled
to receive normal pay. The period of absence on this
account will not be reckoned against the employee's
entitlements under this scheme.
10.7 Absence Management
An integral part of the sickness provisions includes
the effective management of sickness absence. To that
end Absence Management Guidelines are included in
Part 4 of the Scheme.
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11. MATERNITY SCHEME
11.1 Application of Scheme
The occupational maternity scheme will apply to all
pregnant employees regardless of the number of hours
worked per week.
11.2 Initial Obligations on the Employee
An employee will notify their council in writing
and at least 21 days before her absence begins or
as soon as is reasonably practicable.
(a) that she is pregnant and indicate the expected
week of childbirth (EWC) (a council can request the
employee to produce a certificate from a registered
medical practitioner or a certified midwife stating
the expected week of childbirth); and
(b) if requested by the council, of the date of the
beginning of her absence; and
(c) if requested by the council, that she intends
to return to work with her employer if that is her
intention.
11.3 Ante-Natal Care
Any pregnant employee has the right to paid time
off to attend for ante-natal care and must produce
evidence of appointments if requested to do so by
her council.
11.4 Maternity Leave Entitlement
(a) Employees who have less than one year's continuous
service at the beginning of the 11th week before the
EWC will have an entitlement to remain absent for
up to 18 weeks.
At the discretion of the council the employee may
be allowed leave without pay in excess of the 18 week
period.
(b) Employees who have completed at least one year's
continuous service at the beginning of the 11th week
before the EWC will have an entitlement to 18 weeks'
leave of absence with pay (see para 9.5 below) and
to remain absent for up to 29 weeks from the beginning
of the week in which childbirth occurs.
(c) Maternity leave will commence no earlier than
11 weeks before the EWC.
11.5 Maternity Pay
(a) Payments for employees who have less than one
year's continuous service at the beginning of the
11th week before the EWC will be the employee's entitlement
to Statutory Maternity Pay (SMP).
(b) Payments for employees who have completed not
less than one year's continuous service at the 11th
week before the EWC will be as follows:-
(i) For the first six weeks of absence an employee
will be entitled to nine-tenths of a week's pay
offset against payments made by way of SMP or Maternity
Allowance (MA) where eligible.
(ii) If having declared an intention to return
to work then for the subsequent 12 weeks the employee
will be paid half a week's pay without deduction
except by the extent to which the combined pay and
SMP (or MA and any dependants' 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 will
be the employee's entitlement to SMP.
(iv) Payments made by the council during maternity
leave under (ii) above will be made on the understanding
that the employee will return to council employment
for a period of at least three months, which may
be varied by the council on good cause being shown
and, in the event of the employee not doing so,
they will refund the monies paid, or such part thereof,
if any, as the council may decide. Payments made
to the employee by way of SMP are not refundable.
11.6 Right To Return To Work
(a) An employee has the right 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) However, where it is not practicable by reason
of redundancy for the council to permit the employee
to return to work in their job as defined in (a) above
the employee is entitled to be offered a suitable
alternative vacancy where one exists, provided that
the work to be done in that post is suitable and appropriate
to the circumstances, and that the capacity and place
of employment and terms and conditions of employment
are not substantially less favourable than if the
employee had been able to return to the job in which
they were employed prior to their absence.
(c) However, suitable alternative employment may
also be offered in exceptional circumstances other
than redundancy (e.g. a general reorganisation) which
would have occurred if the employee had not been absent,
and necessitate a change in the job in which they
were employed prior to their absence. The work to
be done should be suitable to them and appropriate
to the circumstances and the capacity and place of
employment and the terms and conditions of employment
should not be less favourable than if the employee
had been able to return to the job in which they were
employed prior to their absence.
11.7 Exercise of the Right to Return to Work
(a) Employees who have less than 1 year's continuous
service
An employee who qualifies for leave under paragraph
11.4(a) will notify the council in writing if requested,
at least seven days before the day on which they propose
to return of the date of their intended return if
this is before the end of the 18 weeks maternity leave.
(b) Employees who have completed not less than
1 year's continuous service
An employee who qualifies for leave under paragraph
11.4(b) will notify the council in writing if requested,
at least 21 days before the day on which they propose
to return, of the date of their intended return. The
council may postpone their return to work until a
date not more than 28 days after the notified date
of return. To do this the council's notification shall
be conveyed to the employee before the notified date
of return and shall give the reasons for postponing
their return until the later date.
(c) All employees
(i) An employee may postpone their return after
the end of their maternity leave period by submitting
a doctor's statement, stating that they will be
incapable of work, before the notified date of return
or if no date of return has been notified the expiry
of the maternity leave period. The sickness scheme
shall apply to such absence.
(ii) If because of an interruption of work, (whether
due to industrial action or some other reason) it
is unreasonable to expect an employee to return
on the notified day, they may instead return when
work resumes, or as soon as reasonably practicable
thereafter.
(iii) If no date of return has been notified by
the employee and there is an interruption of work
(whether due to industrial action or some other
reason) which makes it unreasonable to expect the
employee to return to work before the end of the
maternity leave period and in consequence they do
notify a date of return, the employee may exercise
their right to return by giving at least 7 days
written notice to the council that they intend to
return at any time before the end of 14 days from
the end of the interruption.
11.8 Relationship With Sickness and Annual Leave
(a) As maternity leave is not to be treated as sick
leave it will not therefore be offset against other
service based entitlements such as sick leave.
(b) Authorised maternity leave will be regarded as
continuous service on the employee's return to work.
11.9 Definitions
(a) A Week's Pay
The term "a week's pay" for employees whose
remuneration for normal working hours does not vary
with the amount of work done in the period, is the
amount payable by the council to the employee under
the current contract of employment for working their
normal hours in a week. Where there are no normal
working hours, a week's pay is the average remuneration
in the period of 12 weeks preceding the date on which
the last complete week ended, excluding any week in
which no remuneration was earned.
(b) Childbirth
Childbirth means the live birth of a child, or a
still birth after a pregnancy lasting at least 24
weeks.
11.10 Return to Work When Employee Terminates
Employment
Where an employee has terminated their employment
due to pregnancy or childbirth, but the child does
not live, they will be entitled to return to work
but without the right to return to the same post at
the same grade and salary as applied immediately prior
to the termination of employment unless the council
determines that this is not practicable.
However, an employee will not be entitled to return
to employment with the council in accordance with
this paragraph unless:-
- a suitable vacancy exists; and
- they submit in writing a doctor's statement that
they are medically fit to return, if such a statement
is required by the council; and
- they satisfy the requirements of sub-clauses
11.6 (a) - (c) above in respect of the timing of
their return to work.
11.11 Nothing in the above provisions shall be construed
as providing rights less favourable than statutory
rights.
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