Item 14 - Variation to Public Holidays and Festive Closure.
West Dunbartonshire Council · 28 August 2024
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ITEM 14 WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – People & Technology Council: 28 August 2024 Subject: Festive Closure and Public Holiday Variations 1. Purpose 1.1 The purpose of this report is to set out the proposed changes to public holiday allocation for local government and craft/quasi-craft employees, and proposed variation of the festive closure arrangements agreed by Council in December 2023. 2. Recommendations 2.1 Council is asked to approve the following proposals: • Negotiate replacement of the additional 4 public holidays for craft employees as per paragraph 4.9 with additional days transferred to annual leave entitlement. • Negotiate replacement of 1 further public holiday (last Monday in September) for all employee groups, transferring the day to annual leave entitlement. • Replace the 6-day festive closure with a 3/4-day closure (paragraph 4.14). • Authorise the Chief Officer, People and Technology to implement public holiday variations from April 2025 subject to consultation, and • Authorise the Chief Officer, Resources to implement festive closure variation from December 2024. 3. Background Terms and conditions 3.1 The Council previously agreed a revised package of terms and conditions to support the national Single Status Agreement in 2009. One of the fundamental principles of this Scottish Joint Council (SJC) agreement was to harmonise the many disparate sets of conditions that existed at that time with the primary intention of achieving an equality-based package of terms and conditions. 3.2 Various incremental changes to further harmonise employment terms have been implemented, as follows: • Alignment of annual leave accrual with SJC/LG (i.e., one additional day per year of service). • Application of the SJC Job Evaluation Scheme to the craft/quasi-craft groups. Page 295
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• Strong encouragement by politicians, officers and trades unions that all employees join an occupational pension scheme (including via auto- enrolment) resulting in a 15% increase to 93% total membership. • Introduction of new pay arrangements in 2015, including a 4-weekly cycle, removal of weekly pay, moving many processes online and enabling self-service resulting in improved experiences. • Further simplification of pay frequency arrangements in 2023 with a temporary cessation of fortnightly pay, then becoming permanent in February 2024. 3.3 The Council has also focused on addressing the three main causes of occupational segregation, namely: gender stereotyping, inflexible working practices, and the undervaluing of roles and occupations. The approach included: • Strong support of flexible working, with this being applicable to ALL roles, from application stage (recognised by the Council’s inclusion within Top 10 Flexible Employers in UK). • Support for carers through dedicated paid and unpaid leave and guaranteed interviews for parents returning to the workplace after a period out of the workplace. • Having a robust job evaluation process which ensure all roles are jointly (employer and trade union) analysed following extensive data gathering from jobholders. Festive Closure 3.4 In December 2023, the Council approved saving option RES07 to close the majority of Council office accommodation and depots for six days over the Christmas period. Only those undertaking key statutory functions and essential services, as identified by Chief Officers, would require access to office accommodation and not be required to take the days as annual leave. This would result in most buildings being closed for the two-week period at Christmas and New Year, saving around £7,000 per year. 3.5 Arrangements were put in place to implement the Council decision, including the allocation of 6 days (based on a full-time equivalent worker) from annual leave entitlement to the period. 3.6 While many were satisfied with this arrangement, anecdotal feedback indicated a preference for a lesser closure. 3.7 Consequently, an online survey was issued, available to all employees via the intranet and trickle engagement platform (both accessible via work and personal devices). The summary of responses is included in Appendix 1. 4. Main Issues Page 296
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4.1 As a public sector employer, it is essential the Council continues efforts to future-proof terms and conditions of employment, delivering a package that is affordable within the funds available, is gender pay neutral and is otherwise considered fair in terms of consolidation of provisions across different categories of employee. Employee Survey 4.2 The survey was launched on 19 April and closed on 10 May. More than 20% of the workforce responded (1187 employees), with a good spread of desk and non-desk based across each service area. 4.3 In relation to public holidays, 83% of responses confirmed no appetite for a return to 12 public holidays which would have a consequential 4-day reduction in annual leave. 4.4 Just under a third of respondents (29%) supported a variation to the 8 public holidays voting for a reduction to 6 days and 54% voted for the current 8 days provision. The most popular day to convert to annual leave being the first Monday in May followed closely by the last Monday in September. 4.5 While any variation in enhanced leave would be minimal, a fair number of respondents wanted an additional offer in hours to be available. 4.6 In respect of the festive closure, the views were polarised with many pleased to have the seldom enjoyed two weeks off while others wanted the opportunity to work from home and/or have a lesser closure. 38% of respondents confirmed they were happy with the closure and 62% were not. Of those 62%, 47% wanted a shorter period of closure while the remainder did not want any closure. Public Holidays 4.7 There are different leave and public holiday entitlements for local government and craft/quasi-craft employees, resulting in approximately 190 employees enjoying four more public holidays than the rest of the workforce. 4.8 Many council services are delivered on a 24/7, 365-day basis and by employees who follow other religions and have different beliefs beyond the traditional Christian public holiday schedule. In recognition of these factors, many organisations are offering a more flexible approach to public holidays/annual leave to allow a diverse workforce to choose when to use leave for celebrations, holidays, religious festivals, and caring responsibilities. 4.9 Consequently, to further support the provision of flexibility, it is proposed that the public holiday entitlement is varied to 7 days (for all local government, craft/quasi-craft employees) with the following declassified as public holidays and added to annual leave entitlement from April 2025: Page 297
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• Last Friday and Monday in May*; • Third Monday in July*; • Last Friday in September*; • Last Monday in September (noting that while the first Monday in May was marginally more popular with respondents, this day is now most known as ‘International Workers’ Day’ and, as such, the declassification would likely not be supported). *currently only applicable to craft employees. 4.10 Subject to approval and the necessary consultation and local agreement, the minimum paid (full) annual leave entitlement (the 7 public holidays are in addition to this) will increase, for all employee groups, to a minimum 26 days and maximum 36 days per annum (including the additional day agreed for SJC and SJNC employees in 2022). This entitlement is well above the statutory minimum (28 days including public holidays) and remains generous compared with other councils. 4.11 Reduction in the number of fixed public holidays with the addition to annual leave entitlement (as implemented in neighbouring authorities) would enhance service delivery to the residents of West Dunbartonshire, many of whom now expect a service on those days previously regarded as public holidays, as well as further enhancing the flexibility offered to those, predominantly female employees, with caring responsibilities. Festive Closure 4.12 The Council decision to close buildings over the festive period has a small saving but also recognises that many take or would like the opportunity to take this time off. The ability to work from home was suspended as this would create an inequality with those who cannot due to the nature of their roles. 4.13 Essential services, and those in support of same, would continue to operate during this period albeit with a reduced workforce. 4.14 The proposal would retain a closure from Christmas Eve to the first Monday in January requiring 4 days annual leave, from individual entitlement, in year 1 and 3 days in years 2 and 3. In year 3, the second New Year public holiday falls on Monday 4th January so there would be an option to vary this (reducing leave required to 2 days) or re-open on Tuesday 5th instead. 5. People Implications 5.1 Effective and regular monitoring and analysis of pay and remuneration is critical to ensure equality and sound people practice for all employees. 5.2 The changes proposed will increase the annual leave entitlements of all employees, thereby allowing greater flexibility. The new full-time equivalent Page 298
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(FTE) minimum would be 26 days, rising annually until the maximum 36 days is reached. This is in addition to the proposed 7 public holidays. 5.3 To minimise the impact on those who welcomed the closure and opportunity for a two-week break, managers will be encouraged to allow them to retain the time off, subject to service delivery. 6. Financial and Procurement Implications 6.1 There will be a small reduction in the annual saving. 7. Risk Analysis 7.1 There is a risk of retaining the current leave provisions, as detailed above, and therefore continuing the unequal allocation. 8. Equalities Impact Assessment (EIA) 8.1 Equalities Impact Assessments have been undertaken in relation to the above proposals, in addition to inclusion as appendices to the December Council report and which remain available as background papers. 9. Consultation 9.1 Discussions with the Trade Unions continued afresh in January 2024 with public holidays featuring as a standing item at monthly meetings. 9.2 Formal proposals were submitted on 20 June 2024 to allow consultation with the workforce to commence. 10. Strategic Assessment 10.1 The proposals set out within this report will assist the Council to deliver against its strategic priority ‘Our Council – Inclusive and Adaptable’ by contributing to the underpinning objective: ’Our Council is adaptable and focused on delivering best value for our residents’. Victoria Rogers Chief Officer People & Technology Date: 22 July 2024 Person to Contact: Appendices: 1. Employee Survey Summary 2. EIA 1022 June 2024 Page 299
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Background Papers: Council Report – Equality Review of Terms and Conditions, 22 December 2022; Appendices - Equality Impact Assessments Demographic assessments of each element – submitted for negotiation Jan – April 2023 WDC Terms and Conditions (LGE) V3.6 - April 2021 Scheme of Pay and Conditions of Service (Craft Operatives) Equal Pay Audit – Allowances remitted to JCF in December 2017 Wards Affected: None Page 300