Reproduced below is the
latest update from our General Secretary which may answer some, though
certainly not all, of the many queries you have regarding this "negotiated
package".
With regard to the so-called "Competence Related
Threshold Payment", you'll note that there are no "scheme details and
guidance to forces" so many of your understandable concerns regarding how
such a scheme could operate cannot be satisfactorily responded to.
As a result of well-documented discussions, our
national negotiators should already be aware of Members' concerns regarding the
staff appraisal scheme, forces' grievance procedures and competency frameworks,
versions of all three of which one would presume would be important elements of
any such system of payments.
For those of you who may
have examined the proposed pay scales in detail, you will rightly have
concluded that, among the anomalies, is the proposal that anyone promoted from
the top scale of Constable faces a REDUCTION in salary.
John B Finnie, JBB Secretary, 14th January
2002.
"Police Pay and
Conditions - The Package Explained and Some of Your Questions Answered
In the last PNB Bulletin
(our Bulletin 1/2002 -JBF) I included a summary of the Heads of Agreement
document. I also explained that around the middle of January 2002 that you
would receive a complete copy of that document and a reply slip on which you
could indicate whether you thought the package should be accepted or
rejected. If you have not already
received that document and reply slip you should do soon. Following the last
Bulletin I have had a number of queries about the proposed reduction of pay
scale points, particularly for constables, the proposed reduction in overtime
premia rates and other 'working time' issues, and some of the other matters.
Many of the issues covered
in the Heads of Agreement document are complicated and they will require
careful reading. Many of the proposals are not yet fully developed and if they
are finally agreed then further work will have to be done by the PNB throughout
2002 before implementation in 2003. Therefore, I am unable, at this time, to
add to what I wrote in the last Bulletin about the detailed arrangements for
Competence Related Threshold Payments, Special Priority Payments or
Bonuses.
However, I can expand on
some of the money issues, but before I do so, let me explain again why the PNB
Staff Side and the Scottish Police Federation are not making a recommendation
to you to either accept or reject the package. If accepted and implemented, the
package would affect individual officers in different ways. Whether the total
package is seen as attractive or unattractive will depend on age, length of
service, rank, and the particular post an individual holds. For example, when
you look at the table in this Bulletin which shows the potential impact of this
package on pay scales, you will see that there could be a considerable increase
in basic salary earnings for some officers. When you look at the information
about the pension and commutation implications of the Competence Related
Threshold Payments you will see that there could be a considerable gain there.
When you look at the tables which show the potential impact of the proposed
reductions in overtime premia rates you will see that there would be
considerable losses for anyone who works overtime. In these circumstances it is
impossible for your PNB representatives to "estimate" what the
majority of you will think, and therefore impossible for us to make a
recommendation to you. We would rather know what the majority of
you think and act on that information.
Constables
Pay Scales
The proposal is that with
effect from 1 April 2003, the Constables' pay scale will be shortened by two
points. The Constables' pay scale would be shortened by a further point on 1
April 2004, and shortened by a further point on 1 April 2005. The benefit of
shorter pay scales is that you achieve the top point earlier and maximise
career earnings. In addition, under the package deal, you would access
Competence Related Threshold Payments earlier. The Heads of Agreement document
will lay out the proposed new scales in a table but it is difficult to find your
way around that table and establish what it would mean for you and where you
would be in future years.
The table below is not a
pay scale. Rather, it explains what a
change would mean for the Constables affected in terms of increased earnings if
the new scale were introduced, over the period of time it would have taken
to reach the top of the existing scale. The reason I have chosen to show it
like this is that you must be able to compare what you would earn under the old
scale and what you would earn under the proposed new scale over the same
period of time. The 1st of September has been chosen as a 'Date
of Joining' as it is the effective date for annual pay increases.
A B C D
Date of Joining Years to wait to reach top of existing pay
scale Years to wait to reach top of
proposed new scale If the new scale were implemented, earnings would
increase by at least the following amount over the period in column B.
1.9.2001 14 10 £18,873
1.9.2000 13 9
£18,094
1.9.1999 12 9
£11,577
1.9.1998 11 8
£11,251
1.9.1997 10 7
£10,772
1.9.1996 9 6
£10,370
1.9.1995 8 5 £9,968
1.9.1994 7 4
£9,257
1.9.1993 6 4 £5,879
1.9.1992 5 4
£4,245
1.9.1991 4 4
£2,044
1.9.1990 3 3
£1,643
1.9.1989 2 2
£922
CONSTABLES WHO JOINED
BEFORE 1.9.1989 - SEE PARAGRAPHS WHICH FOLLOW
Example One:
In the first row, the officer joined on 1 September
2001. He or she would have to wait for 14 years to reach the top of the
existing pay scale (from 1.9 2002 to 1.9.2016). If the proposed new scale were
implemented, he or she would reach the top of that new scale in 10 years.
Under the old scales he or she would earn £357,582 over those 14 years. Under
the proposed new scale, over the same period of 14 years, he or she would earn
£376,455. Therefore, under the proposed
new scale, over that period, he or she would be £18,873 better off.
These figures are calculated on the pay scales applying today. Obviously,
taking pay increases into account, the actual increased earnings would be
greater.
Example Two:
In the bottom row, the officer joined on 1 September
1989. He or she would have to wait for 2
years to reach the top of the existing pay scale (from 1.9.2002 to 1.9. 2004).
If the proposed new scale were implemented, he or she would reach the top of
that new scale in 2 years. Under the old scale, he or she would earn
£81,786 over those 2 years. Under the proposed new scale, over the same period
of 2 years, he or she would earn £82,708. Therefore, under the proposed new
scale, over that period, he or she would be £922 better off. These
figures are calculated on the pay scales applying today. Obviously, taking pay
increases into account, the actual increased earnings would be greater.
Any Constable who joined before 1.4.1989 will not
receive any benefit from the shortened constables' pay scale, however,
constables who joined before 1.4.1990 will have access to the Competence
Related Threshold Payments (see below) as from 1.4.2003. Constables who joined
between 1.4.1990 and 1.4.1991 will have access to the Competence Related Threshold
Payment as from 1.4.2004 - the reason for this is that access to these payments
is achieved after one years service at the top of the pay scale and for these
officers this happens on 1.4.2004.
Sergeants', Inspectors' and
Chief Inspectors' Pay Scales
These will all be shortened by one point with effect
from April 2003. In each case the pay
point to disappear will be the first point. In effect, this will only be an
advantage to those newly promoted to the rank.
Increase to all Federated
Ranks Pay Points
£402 will be added to all federated ranks pay points
with effect from 1 April 2003. This has been recognised in the table above.
Competence Related
Threshold Payment
As I have said above, the detailed arrangements for
these payments have yet to be agreed. As I explained in the last Bulletin, each
member of the federated ranks will have access to a competence related
threshold payment of £1,002 a year (pensionable) once they have served for a
year at the maximum of their pay scale, and subject to satisfying the
requirements of the scheme. Access to
the payments will depend on the individual demonstrating high professional
competence under each of the following headings: Professional competence and
results; Commitment to the job; Relations with public and colleagues;
Willingness to learn and adjust to new circumstances. It is anticipated that at
least 75% of those eligible will access the threshold payment. The figure of £1,002 will be uprated in
line with our usual index from 1 September 2004. The Federated Ranks Committee
will agree scheme details and guidance to forces by 30 June 2002 with a view to
the first payments being made from April 2003.
For any member of the Federated ranks in receipt of
the Competence Related Threshold Payment in his or her last year of service,
the increase to the full pension commutation figure would be £2,503 and the
effect on the annual payable pension would be £501. Lower increases to the commutation figure and the annual payable
pension would be achieved if the Competence Related Threshold Payment were
received in the 2nd last or 3rd last year of service but
not the last year - the reason for this is that pension is calculated on the
best of the last three years.
Overtime and other Working
Time Issues and Arrangements
The information above on pay scales can be described
as one of the potential attractive features of the package. Competence Related
Threshold Payments are more controversial in that many people object to them in
principle, however, they would significantly increase the earnings and pensions
of those officers who were in receipt of them. The other side of the coin, the
potential unattractive features of the package, relate to overtime and other
working time issues and arrangements.
Overtime
If the package were implemented, the existing premia
for overtime, rest day and public holiday working would be reduced in two equal
stages as follows:
Current
Premium From 1 April 2003 From 1 April 2004
T+1/3 T
+ 4/15 T + 1/5
T + ½ T + 5/12 T + 1/3
Double
time T + ¾ T + ½
Ignoring the 'half-way' stage for the purposes of the
following examples, the effect of the full reductions would be as follows.
These figures are calculated on the pay scales applying now. If the package is
implemented then the figures in the last column would be increased slightly by
the £400 increase in basic annual pay. Therefore the table is an indicator of
the impact only.
TIME PLUS ONE THIRD to TIME PLUS ONE FIFTH
Rank and length of service
in the rank Pay for 4 hours at
current
T + 1/3 Pay for 4
hours at proposed
T + 1/5
Constable 2 years service £53.71 £48.34
Constable 5 years service £58.88 £52.99
Constable 10 years service £66.23 £59.61
Constable 14 years +
service £71.72 £64.55
Sergeant 2 years service £74.22 £66.80
Sergeant 5 + years service £80.74 £72.67
TIME AND A HALF to TIME AND ONE THIRD
Rank and length of service
in the rank Pay for 8 hours at
current
T + ½ Pay for 8 hours at proposed
T + 1/3
Constable 2 years service £120.85 £107.42
Constable 5 years service £132.48 £117.76
Constable 10 years service £149.01 £132.45
Constable 14 years +
service £161.38 £143.45
Sergeant 2 years service £167.00 £148.45
Sergeant 5 + years service £181.67 £161.48
DOUBLE TIME to TIME AND A HALF
Rank and length of service
in the rank Pay for 8 hours at
current double time Pay for 8 hours
at proposed
T + ½
Constable 2 years service £161.14 £120.85
Constable 5 years service £176.64 £132.48
Constable 10 years service £198.68 £149.01
Constable 14 years +
service £215.17 £161.38
Sergeant 2 years service £222.67 £167.00
Sergeant 5 years + service £242.22 £181.67
Clearly, Inspectors and Chief Inspectors would suffer
no loss under the new arrangements because they are not paid for overtime. As a
Constable or Sergeant, the 'loss' will depend on the amount of overtime you
work.
Other Working Time Issues
If the package were implemented, the following changes
would occur. From 1 April 2003 the present eight-day threshold for triggering
the higher rate of compensation for working on a rostered rest day will be
reduced to five days. The current
fifteen-day trigger point will not be changed.
The rules will be amended from 1 April 2003 so that
the post-Sheehy 'disregard' of casual overtime of up to half an hour up to four
times a week applies to time-off as well as to paid overtime compensation.
Recent legal advice showed that this only applied to payment but implementation
of the package would mean a return to the situation whereby both payment and
time-off would be disregarded in this way.
Subsistence, Refreshment
Allowance
The effect of discontinuing these 'allowances' and
making them 'reimbursements' would be as follows. Currently, if you certify
that you have incurred additional expense to obtain food in circumstances where
the allowances apply, you are paid the allowance. This means, in the case of a refreshment allowance, that if you
spend £1, you are entitled to the allowance of £5.97. If this change were
implemented, if you spend £1, you will be reimbursed £1.
ACCEPT OR REJECT - WHAT
HAPPENS THEN?
It is very important that you understand this. In the
last Bulletin, I explained what will happen once the result of the membership
consultation is known, and I will expand on that now. The results of the consultation exercises being carried out in
Scotland, England and Wales and Northern Ireland will be considered at the
Staff Side of Federated Ranks Committee of the PNB on 25th February
2002. On that Committee, England and Wales have 8 votes, Scotland 4 votes and Northern
Ireland 3 votes.
What happens if both the
Staff Side and the Official Side of the PNB accept the package?
If both the Staff Side and the Official Side of the
PNB accept the package it will be presented to the Home Secretary, Scottish
Ministers and the Secretary of State for Northern Ireland (Ministers) as an
agreement of the PNB. These Ministers may either ratify the agreed package or
reject it. If they ratify it, it will be implemented in line with the dates and
arrangements described in the package. If they reject it, they will present the
PNB with an alternative or ask it to do further work. The Ministers may also
take similar action on any award from arbitration - see next paragraph.
What happens if either Side of the PNB rejects
the package?
If either Side of the PNB rejects the package, a
"failure to agree" will be registered and the whole question will be
passed to conciliation and arbitration. Although each Side of the PNB is at
liberty to choose the content of its case to arbitration, it is likely that the
Staff Side will pursue its 12% pay claim, and the Official Side will pursue the
content of its paper submitted to the Staff Side in November 2001 (described in
the PNB Bulletin of November 2001). The
precise elements of the package will not be put to arbitration. The reason for that is the package has been
dealt with in "without commitment" discussions in a PNB Working Party
and as such cannot be referred to by either Side at arbitration. The
Arbitration Tribunal may accept either Side's case or make an award of its own
design which would have the same status as a PNB agreement and would be subject
to the same Ministerial decision process described in the paragraph above. The
Home Secretary has already said that if the PNB does not reach agreement then
he will legislate.
What chance does the 12%
claim have?
I understand that this question is vital, but any
answer I give involves speculation. What I can say is that we know the Official
Side have already all but rejected the 12% claim. The Staff Side case to
Arbitration for a 12% pay rise would be based on workload and would be as
strong as it could possibly be. The Official Side case against a 12% claim
would be based on their view that it was unjustifiable and unaffordable. The
Arbitration Tribunal would make an independent decision based on what they saw
as the merits of the case. Whatever the decision of the Arbitration Tribunal,
you must remember that it will go to the Home Secretary and his Ministerial
colleagues in Scotland and Northern Ireland and they can accept or reject the
Arbitration award as I have described above.
A summary of the package, described as
"pros" and "cons" is attached.
Douglas J Keil QPM
General Secretary
HEADS OF AGREEMENT - PROS /
CONS AND OTHER CHANGES
None of these proposed
changes would take effect before 1st April 2003.
· Higher
starting salaries for new recruits
· Phased -
fewer pay scale points for all ranks enabling earlier access to maximum salary
· £400 increase
to all pay points
· 75% prospect
of £1002 p/a pensionable Competence Related Threshold Payments*
· Access to
Special Priority Payments of between £500 and £5000 p/a (non-pensionable) *
· Possible
access to Bonus Payments of between £50 and £500 (non-pensionable) *
· Possible access
to 30 year plus scheme
· Possible
access to better occupational health provision
· Phased -
overtime premia rate reductions from:
T+ 1/3 to T+ 1/5
T+ ½ to T+ 1/3
2T to T+1/2
· 8 day notice overtime trigger to 5 days for rest days
· Phased abolition of plain clothes allowance
· Subsistence & Refreshment from allowances to reimbursements
· Abolition of Frozen Undermanning Allowance
· Greater controls on access to ill-health pensions
· Minor
change to Sickness Regulation
* "Competence Related
Threshold Payments", "Special Priority Payments" and "Bonus
Payments" are described as "PROS" because they could positively
affect individual earnings. However, many police officers might describe them
as disadvantages or "CONS" because they could damage the ethos of
policing and shift emphasis from teamwork and public service to individual
achievement and reward.
OTHER CHANGES
· 16 hour a
week minimum for part-time working abolished
· Agreement that the management of working time needs to respect
both work/life balance needs of police officers and the service's operational
needs within the context of the Working Time Regulations.
· Removal Allowance replaced by reimbursement
· Firearms users standby allowance discontinued and to become
eligible for Special Priority Payment
· Gratuity for searching or fingerprinting badly decomposed bodies
discontinued and to become eligible for Bonus Payment
· Recurring Escort Duty Allowance (paid only to officers full-time
engaged on VIP protection) discontinued and to become eligible for payment
under Regulation 63 (in Scotland)
· Some Regulations retained, some deleted, some moved to
"Determinations by the Secretary of State." Such Determinations to be
legally enforceable and have the same status before the courts as Regulations.