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.
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 yearsNot less than one week Two years or more but less
than twelve yearsNot 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.
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.
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.
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.
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)
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.
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.
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.
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.
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 StatementsAuthorities 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 ResponsibilitiesA 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.
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%
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.
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.
More. APPENDIX: EXTRACT FROM SCHEME OF CONDITIONS FOR MANUAL WORKERS RELATING TO ENHANCEMENTS