Core Conditions - Higher Duties Guidance Note and Changes to Approval Process for Overtime
North Lanarkshire Council · 13 June 2023
Back to Joint Consultative Committee for Local Government Employees — 13 June 2023 and its agenda
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North Lanarkshire Council Report Joint Consultative Committee (JCC) Does this report require to be approved? ☒ Yes ☐ No Ref FW/LC Date 13/06/23 Core Conditions – Higher Duties Guidance Note and Changes to Approval Process for Overtime From Fiona Whittaker, Chief Officer People Resources E-mail Whittakerf@northlan.gov.uk Telephone 07973 728628 1. Background Higher Duties Guidance Note 1.1 In the absence of any condition contained within the Red Book, the provisions associated with Higher duties for Single Status staff are detailed briefly in the Council’s Core Conditions of Service. 1.2 The core conditions outline how and when an employee will be paid higher duties, but the information is limited and does not cover the practical aspects of an employee undertaking higher duties on a longer-term basis, albeit this is not the purpose of higher duties. Executive Summary The purpose of this report is to advise the Joint Consultative Committee (JCC) on the proposal to introduce a Higher Duties Guidance Note (for Single Status employees of North Lanarkshire Council only) and to advise on proposed changes to the approval process for overtime as outlined within the Council’s Core Conditions of Service. Recommendations It is recommended that the Joint Consultative Committee (JCC); 1. Consider the proposal to introduce a revised Higher Duties Guidance Note. 2. Agree to review and comment on the guidance note. 3. Agree to the proposal to change the approval process for overtime as currently outlined within the Council’s Core Conditions of Service. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition
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1.3 Higher duties should only be used in the short term to assist with the covering of vacancies or sickness absence, however over the last few years, resourcing issues and, skill shortages nationally have resulted in employees undertaking longer periods of carrying out higher duties. 1.4 Whilst in main higher duties are applied similarly across the Council, there are some inconsistencies which need to be addressed to ensure a consistent, fair and equitable approach. 1.5 There is also a need to consider the future needs of the Council and ensure that the application of higher duties not only provide development opportunities for employees but allows for the appropriate level of resourcing to be applied in the areas that command it. 1.6 Currently, there is information available on how to apply Higher Duties that are detailed within a Personnel Circular that dates back to 2003, however not every service used this guidance and most services have developed their own interpretation of how to apply higher duties over the years. 1.7 The development of a revised Higher Duties Guidance Note that will cover all aspects of higher duties and their application should ensure a fair and consistent approach going forward. Approval of Overtime 1.8 Currently within the Core Conditions of Service, which have been in place since 2007, the application and authorisation process for overtime is outlined, with the requirement for authorisation from the Executive Director for those who are full time and undertaking overtime above the notional working week or whose earnings will be above the value of SCP35. 1.9 Whilst managers are discouraged from using overtime where possible, in recent years, overtime has been used more and more to cover vacancies, absence and annual leave to ensure that vital front line vital remain operational. This was particularly prevalent during the pandemic with most frontline workers, undertaking overtime on a regular basis. 1.10 Following an internal audit, it was established that the authorisation requirements as outlined within the Core Conditions of Service are not being applied in any of the services, and with the recent changes to the Corporate Management team, the post of Executive Director no longer exists. 1.11 Furthermore, following the introduction of the overtime module on Itrent, the administrative procedures for processing overtime have changed significantly, with employee’s submitting their claims electronically and these being forwarded to the line manager for authorisation. 1.12 Whilst all overtime is discussed and agreed with senior management within the services, and the Chief Officers have oversight of overtime spend and budgets, it is important to change our practices as outlined within the Core Conditions of Service to reflect the current processes.
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2. Report 2.1 Higher Duties Guidance Note 2.1.1 As outlined above, the application of Higher Duties is detailed within the Core Conditions of Service, briefly outlining how and when it should be applied to Single Status employees. 2.1.2 However, over recent years it has been established that services are using higher duties more and more to fill vacant posts that are hard to fill or to cover long term absences where cover has not been achievable through the normal recruitment process. Whilst this could be viewed as positive action and allows for employees to seek development opportunities that would otherwise not be available to them, it also causes issues in terms of what payment employees should receive and for how long. 2.1.3 In addition, it has always been the case that a post had to be vacant before someone could undertake the responsibilities of the higher graded post and be paid higher duties. However, as our workforce is becoming more lenient, it is important that managers have a method in which to fill skill gaps and ensure duties are covered appropriately. 2.1.4 Accordingly, to address the issues around payments, increments and length of time someone can undertake higher duties, the decision was taken to bring together all current guidance into a revised Higher Duties Guidance Note. 2.1.5 The Guidance Note aims to provide managers of the Council with a consistent approach to the application of higher duties and should provide the flexibility required to ensure a stable workforce at all times particularly within the frontline services. It should be noted at this point, that there will be no change to the detail provided within the Core Conditions of Service and the provisions as outlined will remain unaltered. 2.1.6 The revised Guidance Note will be issued to the trade unions in due course for their consideration and comment. 2.2 Approval of Overtime 2.2.1 As outlined above, the principles around the application and payment of overtime are detailed within the Core Conditions of Service, with clear dictations on who has authority to authorise overtime. 2.2.2 All Chief Officers have overall responsibility for overtime spend and budgets within their service, and regular meetings take place with their service managers and accountants to discuss this and the impact it has on service provision. However, at a lower level overtime is mainly considered and addressed by service managers and line managers on their behalf. 2.2.3 At Section 3 of the Core Conditions of Service where overtime is outlined, it clearly advises that ‘ All overtime in excess of the notional working week for a full time employee must be authorised by the Executive Director or his/her appointed representative.’. However, for a few years now, there has not been an Executive Director assigned to individual services and service managers are mainly in control of overtime and the application of this.
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2.2.4 Also over the last few years, in order to ensure that frontline provision remained adequate and safe for the public, overtime was and continues to be applied on a regular basis. This was particularly noted when during the pandemic resource issues were prevalent and existing employees were asked to cover vacant posts that could not be filled. A similar picture remains as certain frontline posts remain difficult to fill. 2.2.5 Currently, the core conditions states that ‘In any financial year an employee will not receive in overtime payment, a sum greater than the difference between basic salary and spinal column point 35.’ As SCP35 equates to approx. £38k per annum for those who work 37 hours per week and Home Support Workers at the top of their salary scale earn approx. £30k per annum, employees working overtime hit the earnings ceiling within a short period of time. 2.2.6 This is further complicated with the current requirement within the core conditions that ‘In exceptional circumstances where an Executive Director considers that a payment should be made to an employee who has reached this earnings “ceiling” or to an employee paid above spinal column point 35, consideration may be given to a payment calculated at spinal column point 35.’ 2.2.7 Therefore whilst those who are paid above SCP35 will continue to receive any overtime paid at SCP35 in line with the above, the requirement to seek approval from the Executive Director for those who have reached the earnings ceiling should be removed. 2.2.8 As outlined earlier in the report, the introduction of the overtime module within Itrent means that employees, in main, input their own overtime via Myself and this is authorised by their immediate line manager. It is difficult for any other processes to be built into the system that would allow for the equivalent of an Executive Director to authorise overtime in this way. 2.2.9 Accordingly, it is proposed to change the detail within the Core Conditions of Service to be more reflective of the current practices and structure within the Council. This would mean the removal of any authorisation requirements from an Executive Director moving to the line manager and service manager as appropriate and allowing employees to earn beyond the earnings ceilings of SCP35 if their substantive salary is below SCP35. Those whose salary is at SCP35 or above, will be able to work overtime as appropriate but will receive overtime based on SCP35. 2.2.10 The changes suggested above will have no impact on the current application of overtime and employees will not be in any form of detriment as a result. 2.4 Next Steps 2.4.1 The revised Higher Duties Guidance Note will be issued to the trade unions for consideration and comment before being presented to the Corporate Management team. Thereafter, the final version will be issued to all managers and made available on MyNL for employees to reference. 2.4.2 The Core Conditions will be amended to reflect the current practices and structures within the Council and will be issued to the trade unions for comment before being approved by the Corporate Management team. A revised version of the core conditions of service will then be made available to all employees through MyNL.
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3. Measures of success 3.1 The application of higher duties is consistent, fair and transparent across the Council with employees being afforded development opportunities as appropriate. 3.2 The procedures for processing overtime are clear and precise and in line with current practices and all managers and employees comply accordingly. 4. Supporting documentation Not applicable. Fiona Whittaker Chief Officer People Resources
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5. Impacts () 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Should ensure fair, consistent and transparent approaches to the application of higher duties and overtime. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? All three policies will be presented to legal services for consideration before being finalised for approval. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☒
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There will be a communications campaign attached to the implementation of the new policies once finalised and approved. 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.