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Item 16 - Equalities Review of Terms and Conditions

West Dunbartonshire Council · 21 December 2022
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – People & Technology
Council: 21 December 2022  
___________________________________________________________________
Subject: Equalities Review of Terms and Conditions of Employment
1. Purpose
1.1 The purpose of this report is to seek agreement of the undernoted proposals
of changes to terms and conditions of employment for local government and
craft employees to further eradicate inequalities in the context referred to in
Paragraph 4.1 below, and to authorise the Chief Officer People and
Technology to engage with the Trade Unions for consultation with a view to
seeking agreement on their implementation.
2. Recommendations
2.1 The Council is asked to approve the following proposals in this regard:
• Align the core terms and conditions of employment for local government
and all craft employees to further equality of offering.
• To replace current overtime enhanced rates, with a single overtime rate of
time plus a quarter for any hours in excess of 37 per week, payable to
grades 1 to 7.
• A review of contracts of employment across relevant service areas to
remove contractual overtime.
• Replace the additional 4 public holidays for those employed on Craft
Operative terms and conditions (i.e. last Friday and Monday in May, third
Monday in July and last Friday in September), with additional days
transferred to annual leave entitlement.
• Replace 2 public holidays for all employee groups, again transferring these
days to annual leave entitlement.
• Removal or replacement of alternating shift allowance.
• Replace facility for incremental progression after 6 months for eligible
employees, instead applying incremental progression annually on 1st April
in line with existing employees.
• Remove the historical, now closed discretionary Group Life Assurance
Scheme provision entirely.
• Introduce a provision whereby employees appointed to standalone
business critical roles of below grade 8 will be contractually required to
give a minimum of 8 weeks’ notice of their intention to terminate
employment.
2.2 The Council is also asked to note that a further report(s) will be remitted to
this Council in due course outlining options to provide sustainable and
ITEM 16

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equality proofed shift enhancements for irregular, unsocial hours and options
for pay protection.  
3. Background 
3.1 The Council previously agreed a revised package of terms and conditions to
support the national Single Status Agreement. 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
intended outcome of achieving an equality based package of terms and
conditions. 
3.2 As part of the implementation of the Single Status Agreement, reports
presented to Council on the 25th June 2008 and the 19th August 2008 stated
that enhancements created a risk to equal pay. The proposed revised terms
and conditions were subjected to an independent Equality Impact Assessment
and the assessment highlighted concerns in relation to pay inequality and
specifically to offered enhancements. The Assessor stated that higher rates
for enhancements would widen the gender pay gap particularly where
employee groups do not have the opportunity to access those enhancements.
There were concerns that the proposals to apply higher rates, particularly to
overtime payments and payment for working public holidays, favour
traditionally male dominated occupations which tend to be full time and
disadvantage female employees, the majority of whom work part time hours.
Women could suffer potential direct discrimination arising from the widening
gap in overall payment levels due to their lower base pay, and potential
indirect discrimination due to their inability to access some of these enhanced
payments. 
3.3 The Equalities Monitoring Report remitted to the Joint Consultative Forum on
the 8th September 2022 reported that the sex pay gap for 2021/22 was 2.10%
with the female hourly rate of £16.26 and the male hourly rate of £16.61 with
73.4% of the workforce being female.  Further analysis of the data has
identified that 55% of the female workforce work part time, in comparison to
21% of males. As such, there is a disproportionate impact on females due to
the criteria for accessing enhanced allowances as per the terms and
conditions of employment, i.e. beyond 37 hours per week. 
3.4 In the 13 years since West Dunbartonshire Council implemented the local
Single Status provisions, there have been a number of equality related
incremental changes to further align differences in employment terms, as
follows:   
• Alignment of carry over 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 Worker group
(as part of our Equal Pay Audit in 2013/14, this group not having
previously been subject to Job Evaluation) resulting in payment on SJC
Spinal Column Points (SCP’s);

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• Strong encouragement by Politicians, Officers and Trades Unions that all
employees join one of the occupational pension schemes (including via
auto-enrolment) resulting in a 15% increase to 93% total membership;
and
• Modernisation of pay arrangements in 2015, including introduction of a 4
weekly cycle, removal of weekly pay, and moving many processes online
and enabling self-service resulting in an improved experience for
employees and managers alike. 
3.5 The Council has additionally invested in addressing the three main causes of
occupational segregation including strong support of flexible working, support
for carers’ and guaranteed interviews for parents returning to the workplace
after a period of time out. 
3.6 Whilst clear progress has been made toward addressing inequalities, it is
clear that further opportunities exist to achieve parity across the workforce.  In
December 2017, an Equal Pay Audit focusing on allowances was presented
to the Joint Consultative Forum (JCF) that demonstrated the potential for
continuing indirectly discriminatory provisions that may give rise to claims on
grounds of sex.   
3.7 The report specifically recommended changes to allowances for enhanced
working which were not supported by this forum and, given that this risk
remains, there is a further opportunity to address equality concerns as part of
this current review of terms and conditions. 
4. Main Issues 
4.1 As a public sector employer, it is essential that the Council continues to
future-proof terms and conditions of employment, ensuring an employment
package that is affordable within the financial envelope available, is gender
pay neutral and is otherwise considered fair in terms of consolidation of
provisions across different categories of employee. The review of the current
terms and conditions has identified recommended opportunities for change as
set out in sections below. 
4.2 For the purposes of this report, the data set consulted included the Workforce
Report as at 31st March 2022 and the Payroll Data from 2021/22.  As this
review focuses on the Local Government and Craft Operatives terms and
conditions, those employed on teaching terms and conditions have been
excluded.  According to this data set, the Council’s workforce profile for those
covered by Local Government and Craft terms (excluding supply/casual) is
detailed in the table 1 below: 
Table 1: Workforce Profile 
F/T (no) F/T (%) P/T (No) P/T (%) Total Total (%)
Female 1281 37.61% 2125 62.39% 3406 74.15%
Male 1042 77.47% 303 22.53% 1345 25.85%

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4.3 Significant progress has been made in harmonising the terms and conditions
of local government workers and craft workers, however, differences remain
and the Council now seeks to fully address.   
4.3.1 The table below provides a summary of key differences, the detail is set out in
paragraphs 4.4 - 4.8 below: 
Table 2: Comparison of Terms and Conditions
No. Term & Condition Local Government
(35 & 37 FTE Hours)
Craft (37 FTE Hours)
1. Overtime • Time and a half for
hours worked over
37 hours 
• Double time for
hours worked over
48 hours 
• First 5 hours at plain
time
• Over 5 hours at time
and a half
• All hours worked on a
Saturday or Sunday
is time and a half
2. Public Holiday Provision • 8 Days • 12 Days for Craft
• 8 Days for Quasi-
Craft
3. Alternating
Shift/Irregular Hours
Enhancement
• 10% • Not Available to Craft
Worker 
4.4 Overtime 
4.4.1 Enhanced overtime payments made in 2021/22 were, in the main, paid to
men working full-time.  Of the number of females accessing enhanced rates,
circa 60% work part time in comparison to circa 12% of males. Females and
males tend to be clustered into different occupations and sectors with females
typically undertaking part-time roles in lower grades, with an average of 84%
of females occupying a role in Grade 1 - 3. 
4.4.2 Existing arrangements for overtime across both local government and craft
employees could contribute to the gender pay gap as the current
enhancements are potentially more favourable to the traditional male
occupations that are generally full time roles and could be to the disadvantage
of female employees, the majority of whom work part time. Females are
potentially further disadvantaged due to their inability to access some of the
enhanced payments which may be due to the continued societal influences
and balancing work with caring responsibilities as women are predominately
the primary care givers in society.  The average age of females accessing
overtime enhancements is 48, for men it is 47. 
4.4.3 The table below provides an analysis of overtime payments for the period
2021/22 along with the gender breakdown.  The response to COVID-19
pandemic significantly impacted upon the requirement for overtime working.

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The data identifies that females worked more hours than males but the value
was less as they typically worked overtime at additional basic/ plain time.
These statistics show starkly that despite 73.4% of the workforce being
female, this group does not have the same access to enhanced overtime
rates as males. 
Table 3: Comparison of Overtime for 2021/22
Overtime
Rate
Value -
Females
Value -
Males
Pay Gap
(%)
% of gender
accessing
the
Enhanceme
nt
Allocation
of Hours –
Female
Allocation
of Hours -
Male
Plain* £876k £237k +73% 33% F
12.8%
76,559 19,411
Time and
Half
£694k £1.42m -51.39% 15% F
45% M
37,192 68,691
Double
Time
£234k £287k -18.47% 6.5% F
16.9% M
9,603 10,195
Contractual
Overtime
£7k £153k -95.42% 0.05%
2.75%
N/A N/A
Total £1.81m £2.10m   123,354 98,297
*Using payroll data for 2021/22 Plain time and Additional Basic have been amalgamated 
4.4.4 The Council has a responsibility to ensure that the application of all
allowances, including enhanced pay, is not creating or adding to a gender pay
gap that cannot be objectively justified. 
4.4.5 In considering the impact of pay inequality in respect of reducing the current
enhanced rates to time and a quarter will have a positive impact on the gross
gender pay differential by 1.58%.  Further reduction would result in a further
diminution of the gap. The majority of female overtime allowance paid in
2021/22 was at basic rate due to the part time nature of the roles and
individuals therein.   
Table 4: Comparison with proposed adjustments to enhanced rates for overtime 
Total Enhanced OT
Payable 2021/22
Enhanced OT Rates Capped
at  proposed x1.25
Difference
Female £936,220 £731,376 -£204,843
Male £1,870,664 £1,499,016 -£371,647
Total £2,806,885  £2,230,393 -£576,491
Gender pay
Gap
50.05% 48.47% -1.58% 
4.4.6 Therefore, this proposal would further reduce exposure to equal pay liability
by aligning Craft and Quasi-Craft employees (37 hour contracts) to the local
government terms as these employees are predominately male (92%) and
furthermore, the majority work on a full time basis (91%).  As per table 2
identifies, there is a difference in the rates and qualifying criteria.  The majority

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of overtime enhancements paid to craft workers in 2021/22 were time and a
half as the majority of overtime worked was worked at the weekend. 
4.4.7 Additionally, by removing the further double time enhancement above 48
hours (which we are unaware of other local authorities similarly applying), the
Council is reinforcing its stance on such excessive working – that is to
discourage, not incentivise it.   
4.4.8 In respect of how this compares to other local authorities, many already
similarly restrict enhanced overtime rates by grade while the rate payable
varies from plain time to payment at time and a half. 
4.5 Contractual Overtime 
4.5.1 Some Council services are still making use of contractual overtime and there
are currently 39 individuals in receipt of this allowance, for which the current
enhancement is time and half.  This enhancement is typically only available in
male dominated roles, of those in receipt of contractual overtime, only 5% are
female which represents 0.05% of the female workforce. The table below
provides an illustration of the gender pay differential from full time female on
35 hours and a full time male on 37 hour plus 5 hours contractual overtime.   
Table 5: Comparison of female 35 hour worker and male 37 hour worker with
contractual overtime included 
Female 35
Hour week
Male 37 hour week + 5 hrs
contractual overtime
Gender Pay
Gap
Hourly Rate £10.34 £10.34 0%
Contractual
Overtime Rate
£0.00 £15.51 N/A
Gross Weekly Pay £361.90 £460.13 21% 
4.5.2 To address this inequality, it is proposed that services still making use of this
enhancement (noting that some services are already in the process of
removing this) consider alternative resourcing models with a view to removing
contractual overtime, subject to notice periods, this having a consequential
positive impact on the gross gender pay gap.  The cost of maintaining
contractual overtime at the recommended reduced rate of time and a quarter
is £133,743 however this would not eradicate the pay differential and is not
the recommended approach. 
4.6 Public Holidays 
4.6.1 In December 2017, the ‘Equal Pay Audit – Allowances’ highlighted the 
separate terms and condition for Local Government and Craft employees,
each having separate annual leave and public holiday entitlements. Craft
workers employed before 1st April 2015 are entitled to 12 defined public
holidays and are typically male (90%), Quasi-Craft employees (those
employed after 1st April 2015) are also predominately male (95%) and Local

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Government employees, who are predominately female (74%) are entitled to
8 public holidays.  Due to this, Craft employees are more likely to access
enhanced rates for working on a public holiday than Local Government
Employees and creating a gender pay differential.  Table 6 below provides
illustrative examples of the gender pay differentials based on the current
provision. 
Table 6: Comparison of current provision for Public Holiday Allowances 
Female Local
Government Employee:
Worked 8 public holidays
@ Double Time
Male Craft Employee
(37 hours): Worked 12
public holidays @
Double Time
Gender
Pay Gap
Hourly Rate £10.34 £10.34 0%
Daily Rate £72.38 £76.51 5.4%
PH Enhancement
(per day_
£72.38 £76.51 5.4%
Total Gross Pay
for PH Working
(per day)
£144.76 £153.02 5.4%
Total Payable for
PH Working
£1,158 £1,836.24 36.93% 
4.6.2 To address this inequality, and in recognition that many of our services are
delivered on a 24/7, 365 day basis and to further support progress around
occupational segregation and provision of flexibility, it is proposed that the
public holiday entitlement is reduced to 6 days (for Local Government, Quasi-
Craft and Craft Employees) and that the following are declassified as public
holidays and instead added to annual leave entitlement: 
• Last Friday and Monday in May*;
• Third Monday in July*; and
• Last Friday in September*
• May Day (first Monday in May); or Good Friday; and
• September weekend (last Monday in September)
*for Craft Employees only in order to equalise with Local Government
Employees. 
4.6.3 This proposal would have a positive impact on the gender pay differential by
up to 31.53% as outlined in Tables 6 & 7 (36.93%-5.4%= 31.53% reduction).
Deselecting Good Friday would also recognise that the workforce is made up
of employees of various faiths therefore allowing more flexibility to take
holidays associated with their own personal beliefs.

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Table 7: Comparison of proposed Public Holiday Allowance 
Female Local
Government Employee:
Worked 6 public holidays
@ Double Time
Male Craft Employee
(37 hours): Worked 6
public holidays @
Double Time
Gender
Pay Gap
Hourly Rate £10.34 £10.34 0%
Daily Rate £72.38 £76.51 5.4%
PH Enhancement
(per day)
£72.38 £76.51 5.4%
Total Gross Pay
for PH Working
(per day)
£144.76 £153.02 5.4%
Total Payable for
PH Working
£868.56 £918.12 5.4% 
4.6.4 As previously stated, the proposal would add the days to employees’ annual
leave entitlement (on a pro-rata basis) giving them the freedom and flexibility
to use the days as they wish as is in accordance with the principles of
achieving work-life balance. 
4.6.5 As a consequence, the minimum paid (full) annual leave entitlement will
increase, for all employee groups, to a minimum 27 days and maximum 37
days per annum (including the additional day agreed for SJC employees
2022). This entitlement is well above the statutory minimum, compares
generously with other Councils and therefore consideration could be given to
not adding these to flexible annual leave entitlements.   
4.6.6 With regard to the existing arrangements for annual leave and public holidays
across Scotland’s 32 Local Authorities and, mindful that it is common for
employees to move around, a comparison was undertaken. While there are
some outliers, the majority offer 7 or fewer fixed public holidays so a reduction
to 6 would be consistent with wider practice. 
4.6.7 Reduction in the number of fixed public holidays added to annual leave
entitlement (as implemented in neighbouring authorities) would also reduce
costs through a decrease in premium payments while enhancing service
delivery to the residents of West Dunbartonshire Council many of whom now
expect a service on those days previously regarded as public holidays. 
4.7 Shift Allowances 
4.7.1 As part of the Council’s terms and conditions, employees are entitled to
enhancements for working a non-standard shift patterns and as per the

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criteria outlined in the terms.  The shift allowances payable are outlined in
table 8 below:   
Table 8: Shift Allowances
Shift Description Enhancement Gender Profile of those
accessing
Enhancements
Night Shift* 33% of base pay for
hours worked between
10pm and 8am
70% F*
30% M*
Alternating
Shifts/Irregular Hours
10% of base pay 76% F
24% M 
* this includes occasional enhancement of 23% where 10% allowance is
already paid. 
4.7.2 The current provision for nightshift working is 33% in addition to base pay.
The proposal is that this be retained for now as it is a payment made which
broadly reflects the gender profile of the workforce and to predominately
employees on Grade 3, primarily in roles in health and social care.  However,
a review of application and alternatives is underway to ensure that
consistency and fairness are ensured. 
4.7.3 The Council does otherwise pay an enhancement of 10% of base pay, for
those working alternating/rotating shift patterns and irregular hours, as defined
in the terms and conditions. The gender split of those receiving this
enhancement was broadly reflective of that of the Council workforce as a
whole. It is further noted in table 9 below that the average allowance paid is
comparable across both male and female and as such, any proposed change
will not have a disproportionate impact in terms of gender.   
Table 9: Average Payment of 10% Shift Allowance by gender 
Total paid Ave
Payment
Total No of
Employees
% in
receipt of
allowance
% of
workforce
by
gender
Female £521,968 £1884 277 76% 8%
Male £161,802 £1859 87 24% 6% 
4.7.4 A review of the shift patterns that attract this allowance has been undertaken
and the majority of recipients work on an alternating shift pattern.  Whilst shift
patterns are variable across services, these are primarily worked within the
Council’s core hours (between 7am and 9pm).  This allowance is not
accessible to other employees, predominately female, working a consistent
shift pattern within the core hours. 
4.7.5 It is recommended that this allowance is removed for two reasons, it will not
have a disproportionate impact in terms of gender and current application is

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unfair and inconsistent.  An alternative to this would be to retain a variation
only for those unsocial hours worked by Grades 1 -3, of which those in receipt
of this allowance at Grade 1-3, 84% are female. 
4.7.5 There are some employees who receive this 10% allowance as part of
irregular hours whereby they work 8 hours per week out-with the Council’s
core hours and it is proposed this payment is reviewed to consider alternative
options that are sustainable and equality proofed.  It is noted that, in contrast
with our approach, some local authorities pay an enhanced hourly rate for
unsocial hours, rather than applying an uplift to base pay as a whole. This
would ensure a fair and consistent application to those hours worked during
core time. 
4.8 Incremental Progression  
4.8.1 New appointments, promotions or re-gradings between 1st October and 31st
March, receive their first increment on the new salary scale six months from
their effective date of appointment. 
4.8.2 This provision benefits some over others simply based on timing and would
need to be objectively justified.   
4.8.3 To ensure equality of pay progression, it is proposed that this provision is
removed , reverting to increments applied on 1st April for all after their one
year service anniversary with West Dunbartonshire Council.   
4.9 Group Life Assurance Scheme 
4.9.1 Death in Service provisions currently exist under two separate schemes, The
Local Government Pension Scheme (Scotland) Regulations 2018(LGPS) and
the Group Life Assurance Scheme and the Scottish Teachers’
Superannuation Scheme (STSS), 
4.9.2 The most beneficial provisions are enshrined in the LGPS and the STSS and
provide guaranteed payment, upon death in service, equal to 3 times annual
pay.  This benefit is additional to the ill-health provisions, notably more likely
to be required than death in service.  Following significant and sustained
efforts to promote and increase membership, 93% of employees are members
of an occupational pension scheme, and therefore eligible for accrued
benefits. 
4.9.3 The Council also locally operates a self-insured death benefit through the
historical discretionary Group Life Assurance Scheme, which provides for up
to one years’ contractual pay. There is no automatic right to receive the full
benefit and, depending on individual circumstances, the only payment that
may be made is an amount to cover all or some of the funeral expenses. 
4.9.4 This scheme is now only available to those in unchanged employment since 1
May 2009.  Of the 600 people still eligible, only 46 are not in either of the

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occupational pension schemes. The majority are female (82%) and the
average age is 63 so it is reasonable to assume that some may choose to
retire when able to access state pension. 
4.9.5 The proposal is to remove this provision as it is inaccessible to the wider
workforce and, alternative more beneficial provisions exist in the pension
schemes.   
4.10 Notice Period 
4.10.1 Whilst there are no equality impacts regarding notice periods, this ethical
review of terms and conditions has identified an opportunity to respond to
risks in terms of organisational resilience. 
4.10.2 Currently, the minimum period of notice which employees are contractually
required to provide when confirming their intention to terminate employment is
determined by grade, with those of grade 8 and above required to give 8
weeks’ notice. Whilst the majority of standalone business critical roles will
typically exist at this level, there are instances where such roles exist at other
grades, and where the shorter notice period (i.e. 4 weeks in the case of those
on grades 3 to 7) creates a serious risk in terms of organisational resilience
should corresponding post-holders resign. Whilst services will continue to
progress succession planning to reduce risk, it is proposed that, as an
additional safeguard, an amendment is made to the terms and conditions
which would contractually require those appointed to such roles (regardless of
grade) to similarly provide give 8 weeks’ notice. This will enable additional
time to plan and implement arrangements to ensure continuity of service
provision following receipt of an employee’s written notice of resignation. 
5. People Implications 
5.1 Effective and regular monitoring and analysis of pay and remuneration is
critical to ensure the organisation is providing equality of pay, employment
practice and access to remuneration for all employees. 
6. Financial and Procurement Implications 
6.1 The proposed changes to eradicate inequality will reduce liability, further and
fundamentally address the gender pay gap and indirectly reduce spend. 
6.2 The timescales outlined in the table below are indicative as proposals are
subject to trade union consultation. 
Proposed Change Indicative Effective Date
Reduction in Overtime Enhancement June 2023
Removal of Contractual Overtime June 2023
Public Holiday alignment and reduction April 2023 (needs to align with
leave year)

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Removal of Alternating Shift Allowance June 2023 
6 monthly increment April 2023 (needs to align with
leave year)
Removal of Group Life June 2023
Notice Period June 2023 (to allow for identification
and variations) 
7. Risk Analysis 
7.1 There is a risk of retaining those current provisions, as detailed above, which
could disproportionately benefit male employees over females, in terms of
potential claims for indirect/direct sex discrimination. 
7.2 The Council’s overall gender pay gap is less than 3%. This sits in stark
contrast to the pay gaps (potentially circa 20-50%) that exist when the
additional terms outlined in this report are analysed. The Equality and Human
Rights Commission’s (EHRC) recommends that immediate action is required
when a pay gap is more than 3%. Therefore the Council has a duty to identify
appropriate action to eliminate instances of inequality that cannot be justified. 
Accordingly, there are risks to the Council if the proposed changes are not
implemented. 
7.3 The Council has already had a number of Employment Tribunal Claims raised
in relation to the current allowances and, without change, the risk of further
claims remain. 
7.4 There are risks of possible claims arising from the changes.   
8. Equalities Impact Assessment (EIA) 
8.1 Equalities impact assessments have been undertaken in relation to the above
proposals and are included as appendices to the report. 
9. Consultation 
9.1 The Trade Unions were made aware of the high level changes at the
Convenor meeting on 22nd November and the report shared following Council
pre-agenda meeting. 
9.2 As the proposed changes seek to vary the current terms and conditions,
collective consultation and negotiation will be required. There is a risk that
collective agreement may not be achievable resulting in industrial
dispute/action.

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10. Strategic Assessment 
10.1 The proposals set out within this report will assist the Council to deliver
against its strategic priority “to deliver efficient and effective frontline services
that improve the everyday lives of residents”, by contributing to the supporting
outcome of being a “continuously improving Council delivering best value”. 
Victoria Rogers 
Chief Officer People & Technology 
Date: 6 December 2022 
Person to Contact: Leeanne Galasso, Church Street, Dumbarton.  
Tel: 07823 516 151  
Email: leeanne.galasso@west-dunbarton.gov.uk 
Appendices: Equality Impact Assessments   
Background Papers: 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

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