News
NICS Pay and Grading Updates
15/10/2010
There are a number of pay and grading related issues currently being progressed by NIPSA.
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The purpose of this circular is to provide an update to members in relation to those matters.
1. Equal Pay
NIPSA has continued to make representations to respective Management Sides in a number of bodies where members have not yet received the full benefit of the NICS Equal Pay Settlement. The current position in respect of these bodies is as follows:-
(i) PSNI/Former Service With PSNI
Some progress was made with PSNI agreeing to assimilate its staff in the affected grades to the 1 February 2009 revised NICS pay scales which was undertaken in June. Until recently our representations to have the settlement (lump sum) payment applied has been resisted. Following our continued representations to the PSNI and Department of Justice (DOJ) we were advised that the DOJ has submitted a business case to the Department of Finance and Personnel (DFP) for discussion. While this is a positive step we await Managements deliberations on foot of those discussions.
We have also had further discussions with NICS Management in relation to the position of NI Civil Servants having former service with the PSNI. Members now working in an NICS Department will be aware that periods of service with the PSNI have been categorised by NICS Management as non reckonable service when calculating assimilation to the revised 1 February 2009 NICS pay scales and also in respect of the settlement (lump sum) payment. To date that position has been maintained by NICS Management despite the fact that PSNI has agreed to assimilate staff to the 1 February 2009 revised pay scales taking account of their full service as a NI Civil Servant. Representations on these issues are continuing.
(ii) DOJ/Former Service With NIO
A similar position exists in respect of DOJ and for those having former service with the NIO. As part of the arrangements for establishing the DOJ it was agreed staff would be given the option of assimilating to the revised NICS pay scales negotiated as part of the equal pay settlement. Although assimilation was to be under the formula agreed in the NICS equal pay settlement, Management insist the effective date for DOJ staff is to be 12 April 2010, the date the DOJ came into being, not the 1 February 2009. They have also to date resisted application of the settlement (lump sum) payment. NIPSA has sought a meeting with the Minister in relation to the position adopted by the DOJ.
NI Civil Servants having former service with the NIO have had that period categorised by NICS Management as non reckonable service effecting the calculation of their 1 February 2009 revised salary and their settlement (lump sum) payment. Further representations are being made on this matter.
(iii) NI Assembly
While some progress has been made, further bi lateral discussions have been taking place between NI Assembly Management and NICS Management. NIPSA has continued to make representations to both Management Sides. We are also in the process of identifying which categories of staff, whether working in the NI Assembly or in a NICS Department having had previous service in the NI Assembly, who have not received the full terms of settlement; for example those referred to as direct recruit secondees who have had service with the NI Assembly categorised as non reckonable service.
(iv) Non Departmental Public Bodies
The majority of Non Departmental Public Bodies who apply NICS rates of pay had confirmed their intention to submit a business case to DFP through their respective funding Departments. NIPSA was advised business cases would relate to the application of the 1 February 2009 revised NICS pay scales, on a without prejudice basis to ongoing negotiations in respect of applying the settlement (lump sum) payment. NIPSA recently sought confirmation from DFP that business cases had been submitted to that Department.
We are advised that only 3 business cases have been lodged with DFP. NIPSA is therefore in the process of writing to each of the relevant NDPB’s to establish the position in respect of their business case. It is important that we establish the reason for the delay in these business cases reaching DFP so that NIPSA can raise the matter with the appropriate Management Side.
(v) NI Water Ltd
It was previously reported that following NIPSA’s oral and written representations NI Water was to seek legal advice on the application of the NICS Equal Pay Settlement to its staff. NIPSA understand that legal advice has been obtained and considered by the NI Water Executive. We have recently been advised that a paper is to be presented to the NI Water Board in two weeks, after which detailed negotiations can commence.
(vi) Potential Legal Action
It is clear that there are a number of equal pay issues that remain outstanding. While we have remained committed to resolving these matters through negotiation, we are concerned that more progress has not been made. Members are aware that NIPSA has been seeking further legal advice and we are now compiling information/papers in consultation with our lawyers in relation to bringing cases against employers, where there is scope to do so, should discussions not prove successful. Further meetings with our lawyers have therefore been arranged in the next few weeks.
2. Comprehensive Pay and Grading Review
As part of the equal pay settlement NIPSA and Management Side agreed to engage in a Comprehensive Pay and Grading Review covering all grades in the NICS. NIPSA has taken receipt of draft terms of reference for the Review but they do not reflect the basis on which NIPSA is prepared to commence the exercise. For example, we are particularly concerned that the draft does not adequately reflect the commitment to an examination of the Executive Officer II grade within the NICS pay and grading structures as a priority in this Review process.
Any examination of the EOII grade must be conducted having regard to the grades above and below that level so that we can return to proper grading and pay relativities within any revised structure.
This week NIPSA had tentative discussions with NICS Management about our respective objectives and broad parameters for the Pay and Grading Review. Further meetings are being arranged over the coming weeks to work on finalising the terms of reference prior to the exercise commencing. NIPSA is committed to progressing the Comprehensive Pay and Grading Review as a matter or urgency.
3. Review of TGI and TGII Grades
NIPSA is particularly conscious of the fact that the Review of TGI and TGII grades was completed approximately a year ago. The report established that a significant percentage of members in those grades were undertaking work of a higher level. NIPSA has pressed upon NICS Management the need to have detailed discussions on the outworking of the findings of that report. We will be arranging a meeting shortly to discuss the establishment of a Joint Working Group under the auspices of the Central Whitley Pay, Grading and Allowances Committee. That Group will be responsible for considering the issues raised in the report findings and reporting to the CWC Pay, Grading and Allowances Committee on appropriate actions.
4. 2010 Pay
Despite the fact that NIPSA lodged the 2010 pay claim in July, negotiations have not yet commenced. NIPSA was advised at a meeting last week that the Finance Minister, Sammy Wilson, has not approved the pay remit which would form a basis for negotiations to be initiated. Members are already aware of Government’s announcement on public sector pay ie, a pay freeze for those earning more than £21k and what was presented as increases of at least £250 for those earning less than £21k. It may well be that Ministers are hesitant to make any announcements involving finances in advance of details on the Comprehensive Spending Review which are expected next week. NIPSA has emphasised the need to have urgent negotiations as we are now several months past the normal expected effective date for pay settlements in the NICS (1 August) albeit that Management has withdrawn from the NICS Pay Agreement. Since submitting the 2010 pay claim NIPSA has been involved in an intensive round of discussions with MLAs in order to press the case for fair treatment of civil servants in the 2010 pay round.
There is a significant amount of work involved in each of the exercises referred to above. NIPSA fully appreciate the anxiety of members affected by them and will do its utmost to ensure they are progressed as timely as possible. Further updates will be provided on foot of any developments.
Yours sincerely
KIERAN BANNON
Assistant General Secretary
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