Terms of Employment

Terms and Conditions of Employment

The full terms and conditions of employment of the Northern Ireland Civil Service involve a large number of agreements which are too complex and lengthy to reproduce here.  A number of aspects are however touched on briefly below and members are urged to refer to the actual agreements or if necessary to consult the relevant Personnel Department or NIPSA Branch Secretary.  Full details of conditions of employment are contained in the NICS Pay and Conditions of Service Code and in the NICS Staff Handbook.

Superannuation

Civil servants receive the basic state pension and Principal Civil Service Pension Scheme (NI) benefits.

Most civil servants are members of the pre-October 2002 scheme (‘classic’).  There are other alternatives, ie a new scheme (‘premium’) effective from 1 October 2002; a hybrid scheme (‘classic plus’) which retains past benefits in ‘classic’ and future service in ‘premium’; or a stakeholder (‘partnership’) money purchase scheme.  Staff recruited since 1 October 2002 have the choice of the ‘premium’ or ‘partnership’ schemes only.  Some of the main terms of the two most popular schemes (‘classic’ and ‘premium’) are detailed below.

PCSPS (NI) Pension - ‘Classic’:  Based on whichever 12 month period of the last three years service gives the highest pensionable pay.  On retirement an officer receives an annual pension of 1/80 of pensionable pay and a lump sum of 3/80s, both multiplied by length of reckonable service not exceeding 40 years by age 60.  Service  after 60 may reckon up to a total of 45 years.

‘Premium’:  Based on 1/60 of pensionable pay.  Lump sum not automatic but can be exchanged for some pension entitlement.

Note:  ‘Classic’ contribution rate of 1.5% of pensionable earnings, ‘Premium’ contribution rate of 3.5%.

Ill-Health Retirement - ‘Classic’:  An officer with five years service may qualify for enhanced superannuation benefits for retirement on medical grounds.  No enhancement for those with less than five years service.

‘Premium’:  Provides ‘upper’ and ‘lower’ tier pensions depending on severity of illness.

Death Benefits - ‘Classic’:  For death in service, two years pensionable pay to a nominated beneficiary.  For death shortly after retirement a supplementary death benefit may be paid.

‘Premium’:  Three years pensionable pay to nominated beneficiaries (may be more than one).

Widows’/Widowers’ Pensions - ‘Classic’:  Half the officer’s pension paid if the officer dies in service or after retirement, leaving an eligible spouse.  For three months the pension is equal to the officer’s full pension (if the officer dies after retirement and retired after 1 June 1972), or to pensionable pay (if the officer dies before retirement, when it may be extended to six months if there are dependent children).  Unmarried officers can have their contributions refunded when they retire.

‘Premium’:  Reckonable service doubled if in scheme more than 2 years before death in service, provided extra years not more than 10 years or further service up to pension age.

Children’s Benefit -  ‘Classic’:  In the event of death in service, up to two children each receive one quarter of the officers pension; if there is no widow/widower, up to two children receive one third of the pension.

‘Premium’:  Up to two children each receive 30% of pension; if  no widow/widower/partner, up to two children receive 50% of pension.

Additional Voluntary Contributions - Officers may buy reckonable service (added years) or extra benefits.  Contributions are eligible for tax relief.

Injury Benefits - Loss of earnings compensation paid for injury or disease in course of duty, except when mainly due to serious and culpable negligence or misconduct.

Early Retirement - Officers can apply to take their pension at any time after age 50 but it will be actuarially reduced to take account of the fact that it will be paid earlier.  Pensions are reduced by around 5% for each year they are drawn before pension age.  In some cases better terms apply (eg compulsory, voluntary or approved early retirement).

Further information on pensions can be obtained on the pensions website (www.civilservicepensions-ni.gov.uk).

Basic Hours

For most Civil Servants conditioned hours are 42 gross a week, including lunch.  The standard working week is regarded as five days but in the interests of the service attendance on more than 5 days may be necessary in some circumstances.  Where this applies time off in lieu or overtime payment should normally be allowed.  Attendance on Saturday earns a half time premium for those grades eligible for overtime, even if within conditioned hours.

With agreement of both Management and Trade Union Side, Flexible Working Hours have been introduced in most offices.  Details of the Flexible Working Hours scheme are contained in the NICS Staff Handbook section ‘Hours and Attendance’.  Part-time working and job sharing arrangements are available for existing staff.  Details can be found in CSC 29/87.

Overtime

When overtime is considered necessary and where blocks of staff are involved the local branch of NIPSA must be consulted before overtime can be authorised.  This should be worked by volunteers and normally 48 hours notice should be given.  Individuals can be excused late working on grounds of personal safety.  Payment for overtime is made in two bands:

• Band 1 comprises all grades up to and including Executive Officer I and equivalents.  They receive hourly payment at time and a half for all hours in excess of conditioned hours, Monday to Saturday inclusive.
• Band 2 comprises all grades at Staff Officer and equivalents.  They receive payments at plain time rates for all hours worked in excess of conditioned hours. Monday to Friday inclusive.

Premium payments are also made for weekend, bank and public holiday working.

Staff in grades at Deputy Principal, Principal level and equivalent are eligible for payments of weekend, bank and public holiday premia.  Staff in those grades may also receive a discretionary payment.

Staff working hours in excess of conditioned hours at weekends or on bank holidays may, in addition to the payment of weekend etc premia, be granted time off in lieu (TOIL) equivalent to the additional hours worked, provided it can be taken within a reasonable period of time.

On Call and Standby

On Call and Standby payments may be made as follows:

Subsistence

Subsistence allowances are payable as follows:-

Day Subsistence – All Classes

Paid for up to 30 days when a meal has to be bought at greater cost than at a permanent station.  Main meals taken on trains, boats etc reimbursed as follows:-

5-10 hour absence  - one main meal in lieu of rate A

Over 10 hours absence – One main meal plus rate A, or two main meals in lieu of rate B.

Long day absence – For absences which exceed 12 hours check NICS Staff Handbook section ‘Subsistence Allowances.’

Night Subsistence

Paid for overnight absence of up to 24 hours for up to 30 nights.  Discounted rate applies to approved hotel list.  Undiscounted applies where staff have been unable to secure accommodation from the recommended list.  All travel (for all classes) including trains, tubes and taxis is paid on an actuals basis, supported by receipts where feasible.

Personal Allowance

Residential Allowance

Lodging Allowance (applies after night subsistence)

Mileage Allowances

Mileage allowances (standard rate) are payable when an Officer uses his/her car on official business.  The rates of allowance are negotiated annually.  Supplements are paid for carrying passengers and equipment.  Garaging and parking expenses may also be met.  The Public Transport rate may be paid rather than the standard rate if the Officer’s insurance policy does not meet the requirements of the Code of Regulations.

Note:  See also CSC5/04 (and addendum) for details of previous mileage compensation scheme.

Permanent Transfer

Transfer To New Station - Up to five days special leave for preliminary visits and transfer, plus two days for furniture removal (three if long distance) and a number of other allowances for specific circumstances (see NICS Staff Handbook section ‘Special Leave’).

Night Subsistence/Lodging Allowance

Thirty nights subsistence for officers without permanent accommodation on transfer.  Followed by:-
 
Lodging allowance for officers with dependants not joined by family at the detached duty station and officers without dependants who retain accommodation at the permanent station as well as lodgings at the detached duty station.

Removal Expenses - Lowest of three estimates for furniture removal is paid.

Legal Expenses - Reasonable  legal expenses on house purchase are paid, including solicitor’s fees, stamp duty, land registration fees, incidental expenses connected with mortgage or loan, private survey and drains test plus VAT on legal/estate agent fees.

Bridging Loan Interest - May be reimbursed net of tax for three months (longer at discretion) on house purchase at the new station, before sale at the old station.  Bridging finance may not exceed estimated selling price of the old house or purchase price of the new house, if lower.

Advances Of Salary - Six months advance of salary to assist with house purchase for owner - occupiers who are compulsorily transferred.  Repayment is spread over ten years and may be deferred for up to two years.

Transfer Grants - Lump sum payments to compensate for expenses not otherwise covered.

Additional Housing Cost Allowance (AHCA) - An allowance is paid to staff who move house on a permanent transfer.  This is related to the differences in the average prices of properties in the areas between which the officers are moving.  The actual amounts of AHCA payable will relate to increased outgoings by way of net interest on any additional mortgage, rent, rates, insurance etc.  For further information see NICS Staff Handbook section ‘Assistance with the Cost of Setting Up New Home.’

Excess Fares Allowance - An alternative to normal removal entitlement.  Payable normally for three years and in exceptional cases up to five years to cover excess costs of daily travel to the new station.  For further details see NICS Staff Handbook section ‘Concessionary Travel.’

Rent Allowance -  Before transfer to the new station,  paid to:-

• Officers with dependants who obtain lodgings for their own use;
• Officers without dependants who obtain furnished accommodation (including lodgings) or unfurnished accommodation; and
• Officers with dependants who, having been officially informed of a permanent transfer, obtain temporary or permanent family accommodation (furnished or unfurnished).

Rent Allowances For Accommodation At New Station After Transfer -  Payable for three months after transfer where accommodation costs at old station are unavoidable.  Limit on reimbursement is the rate of lodging allowance.

Other Payments -  include:-

• Travel expenses for fares to take up duty at new station.
• Storage of furniture.
• Installation of telephone, TV aerial, washing/dishwashing machine if installed at old home.
• Payment towards lodging and travelling cost of a child remaining at old station to complete course of study.

Note -  AHCA, removal expenses and benefits worth over £8000 and compensation for loss on the sale of the old home are liable for tax, however Departments will compensate officers for tax liabilities except for that incurred in respect of interest-free loans for house purchase, grant or cash allowance for house purchase (see CSC 23/93 and Addendum).

Leave

The leave allowances for non-industrial civil servants are set out below:-

Annual Leave

Special Leave -  May be granted with official permission for such purposes as urgent domestic leave, work in the public interest, voluntary unpaid service, adoption, resettlement, etc.

Sick Absence

On full pay - up to 6 months in a 12 month period.
On half pay - further 6 months, up to a total limit of 12 months sick leave in 4 years.  In exceptional cases at pension rate of pay thereafter.

Injury

Absence caused by injury does not count against sick absence if either:

- negligence is found or admitted by the Crown

- sick pay costs are recovered from a third party.

Special rules govern injuries due to assault on duty.

Maternity/Paternity/Adoption Leave And Pay

Statutory entitlements apply in these areas following the Employment (Northern Ireland) Order 2002 and Parental Leave etc (Amendments No 3) Regulations Northern Ireland) 2002.  Full details are contained in CSC 6/03, which should be read in conjunction with the relevant paragraphs of the NICS Handbook.

Maternity Leave And Pay

All women are entitled to 26 weeks ordinary maternity leave and women who have completed at least 26 weeks continuous service at the beginning of the 14th week before their expected week of childbirth can take an additional 26 weeks, starting immediately after their ordinary maternity leave.  Women who meet the necessary qualifying conditions for contractual pay receive it for the first 18 weeks with the remaining 8 weeks of the ordinary maternity leave entitlement paid under statutory maternity pay arrangements or maternity allowance.  Women who do not satisfy the qualifying conditions for contractual pay must rely on statutory arrangements for the full period of maternity leave.  Additional maternity leave is unpaid.

Paternity Leave And Pay

Men eligible for paternity leave are entitled to take either one week or alternatively two consecutive weeks within 56 days of either the actual date of birth or the expected week of birth if the child is born early.  Men taking paternity leave are entitled to 2 days leave on contractual pay.  If availing of the one or two week option above, the remainder of the entitlement after the first 2 days will be paid at statutory level.

Adoption Leave And Pay

Those who satisfy the qualifying conditions for adoption leave and pay must be either (a) individuals who adopt or (b) one member of a couple who jointly adopt (the couple may choose which partner takes adoption leave).  Ordinary adoption leave entitlement is 26 weeks with up to a further 26 weeks additional adoption leave.  As with maternity pay, those satisfying the necessary qualifying criteria receive contractual pay for the first 18 weeks of ordinary adoption leave with the remaining 8 weeks of the 26 week period paid at the level of statutory adoption pay (which is the same rate as the standard rate of statutory maternity pay). Additional adoption leave is unpaid.

Parental Leave

Parental leave is the right to take unpaid time off work to look after a child or make arrangements for the child's welfare.  Parental leave is available to officers with at least 1 years' continuous service who have (a) a child born on or after 15 December 1999 who is under 5 years old; (b) adopted, on or after 15 December 1999, a child under the age of 18; (c) parental responsibility, under the terms of Article 6 of the Children (NI) 0rder 1995, for a child born on or after 15 December 1999.  Eligible officers are entitled to a total o f 13 weeks' unpaid leave in respect of each child who meets the qualifying conditions contained in CSC 3/00.

Marriage Leave

An officer with not less than a year’s satisfactory service may be allowed five working days' special leave with pay on the occasion of his/her marriage if remaining in the Service after marriage.  However this is limited to staff in post at 31 August 1990 and who are entitled to less than 6 weeks' annual leave, and who have not already taken a leave period of Marriage Leave.

Career Breaks

Career break arrangements are available for existing staff who for personal reasons wish to leave the service for a specified duration.  Career breaks can less than 1 year and no more than 5 years subject to agreement with their Department. 

Reinstatement

Members who have resigned from the Civil Service may be entitled to apply for reinstatement.  Departments will treat sympathetically those who resigned because of domestic reasons.   Reinstatement has advantages over simply rejoining the Service as a new entrant.  Details are contained in CSC 21/88. 

Leave For Domestic Responsibilities

Extra special leave is available to men or women which cannot be met within normal leave allowance, eg the care of children or elderly or infirm relatives.  In cases of urgent domestic stress up to a maximum of five working days special leave may be allowed.

Leave On Bereavement

Up to five days' special leave with pay may be granted on the death of a near relative such as a parent, brother or sister, husband, wife or child.  Details of this and other special leave provisions are contained in the NICS Staff Handbook section 'Special Leave’.

Special Leave For NIPSA Activity

Special leave with pay may be allowed for absences from work in connection with NIPSA activities.  Full details of this facility are set out in CSC 48/82.

Public Holidays

The number of public and privilege holidays is normally limited to a maximum of 12 per year.  In the Northern Ireland Civil Service  these are New Year's Day, 17 March (St. Patrick's Day) (or a day in lieu), Easter Monday and Tuesday, Spring Bank Holiday, 12 and 13 July (or days in lieu), late Summer Bank Holiday, Christmas Day, Boxing Day (or days in lieu), and a third Christmas Holiday to be announced from year to year.

Pay On Promotion

Staff in grades paid on the spinal column system move to the next highest step at least 6.5% above their actual pay in the lower grade.

Deputising

Deputising is the assumption by one designated officer of the duties and responsibilities of an officer in the higher grade who is absent otherwise than on the duties of his or her particular post. Departments may pay an allowance of 8% of the maximum consolidated pay for the lower grade or apply promotion terms. They also have discretion to determine the precise definition of the deputising period. Details are also contained in CSC 39/92.

General Travel

For regulations on travel, the appropriate section of the NICS Staff Handbook should be consulted. Air travel is allowed between Northern Ireland and Great Britain. During the period of night subsistence on detached duty officers due to return to their permanent station are allowed free travel each weekend during the lodging allowance period; other single officers get free travel at monthly intervals for 6 months, or six visits during 12 months if they were living with their parents. These arrangements apply to officers on training courses even if they do not receive subsistence allowances. Officers under age 21 posted away from home are paid their initial fares. They are also paid for 3 journeys home each year. Officers who are compulsorily and permanently transferred and as a result incur greater expense in getting to work may be entitled to payment for their excess fares.

External Training

External training covers formal educational activities leading to the acquisition of knowledge, skills or techniques which are regarded as necessary to make officers more efficient in their present or potential duties. Attendance at courses falling into the external training category, the associated interviews and examinations are regarded as time spent on official business, but special arrangements apply for part-time courses. Any member interested in making use of any of these facilities, and obtaining more details of the precise assistance, financial and otherwise, available from departments should contact his/her Department’s Training Officer.

Legal Representation By Department

If a civil action is taken against a civil servant for an alleged wrongful act and his/her Department is satisfied that the act which is the subject of the proceedings was performed within the scope of the civil servant’s employment he/she may be given legal representation at public expense. Departments will also consider on the merits of the case, whether to accept responsibility for the defence of criminal proceedings, which are instituted against a civil servant for an act or default alleged to have been committed within the scope of his/her employment. This facility also extends to any action under the Health and Safety at Work legislation. In certain circumstances a Department will provide financial aid to assist a civil servant to institute proceedings against a third party, for example, if criminal proceedings are necessary because an officer has been assaulted on duty.

Adverse Reports

An adverse report is any report which may result in disciplinary action. When a report upon an officer reflects adversely upon their character, conduct or efficiency in the performance of duties they should be informed in writing by the Personnel Branch of their Department of the defects or misdemeanour attributed so that s/he may offer an explanation. Where an officer’s explanation is accepted as satisfactory they should be informed in writing accordingly. Except in cases which may lead to criminal proceedings, full particulars of any charge concerning an officer’s conduct should be given to them in writing before any disciplinary action is decided upon.

Disciplinary Procedures

In dealing with all disciplinary charges Departments must follow an agreed procedure, full details of which may be found in Code Paragraphs 1060-1095. A Civil Servant may appeal against any decision to the head of his/her Department (or to the NICS Appeal Board, when appealing against dismissal).

Mobility

Staff are divided into mobile and non-mobile categories. With a few exceptions, grades whose scale maxima are below that of EO II are non-mobile. They cannot be required to move to a post outside reasonable daily travelling distance of their homes although their liability to serve away from home on detached duty terms remains. If they are made redundant because another job within reasonable travelling distance of their home is not available and a move of home (on public interest terms) is not mutually arranged they will be entitled to compensation.

Early Retirement

A new structure of early retirement arrangements was introduced from 1 April 1987 and makes a clear distinction between early retirement which will apply to those aged 50 or over and early severance which will apply to all staff below that age. There is generally no distinction between mobile and non-mobile staff who leave the service early. Full details are contained in CSC 3/87. See also the NICS Staff Handbook section ‘Early Retirement and Early Severance’.

Appeal Board

Any non-industrial civil servant under notice of dismissal for disciplinary or other reasons, or premature retirement (other than on health grounds) may appeal to the Appeal Board, if he/she has been continuously employed in the service for 1 year and has not reached age 60.
The Board consists of a Trade Union nominee, an Official Side nominee and an agreed chairperson. Appellants may appear before the board and be accompanied by a NIPSA representative. Details of the procedure to be followed are set out in the NICS Staff Handbook section ‘Civil Service Appeal Board’.

Political Activities

Political activities are defined as:-

candidature for election; holding a party office which impinges on politics; expressing a view on matters of political controversy; and canvassing on behalf of an election candidate. For the purpose of the rules on political activities, the civil service is divided into 3 groups which have the right to participate in politics to the following extent:-

a. The Politically Free
All industrial staff, non-office grades and other grades determined by Departments are completely free to engage in the defined activities.

b. The Politically Restricted
Unified Grade 7, equivalent grades and above are debarred from political activities at National level but may seek permission to participate in local political activities.

c. The Intermediate
All staff not in the two groups may, with permission, engage in most political activities except candidature for national Parliament, the European Assembly, or the Northern Ireland Assembly.

Civil servants do not need permission to take part in trade union activities.