Supplementary Statement of General Terms and Conditions of Employment

1. Collective Agreement

Your general terms and conditions of employment are in accordance with the National Agreement on Pay and Conditions of Service, negotiated and agreed by the Scottish Joint Council for Local Government Employees, and subject to certain modifications locally negotiated and agreed with representatives of Trade Unions recognised by the Scottish Joint Council and The Moray Council. Official copies of the full Agreement and modifications are available for reference within each department.

The membership of the Council is:

32 employer’s representatives approved by the Convention of Scottish Local Authorities and 33 employee representatives appointed as follows:

UNISON 18 representatives; GMB 9 representatives; TGWU 6 representatives

2. Local Agreement

Terms and conditions of employment specific to Home Care Staff are set out in a local agreement entitled “Local Agreement on Revised Terms and Conditions for Home Care Staff”  effective from May 2004.  Copies of the agreement are available for reference within the Department.

3. Transfer of Staff

The Authority reserves the right to transfer employees to comparable duties appropriate to their grade in another department, or to another location, subject to such consultation as may be reasonable in any particular case.

4. Working Hours

If you are required to work additional hours outwith your normal working hours, or your working pattern involves Shift, Night, Public Holidays, Irregular Hours or Weekend working, the Allowances applicable are set out in the National Agreement on Pay and Conditions of Service and relevant local agreements, copies of which are available for reference within each Department.  These enhancement provisions apply on an interim basis and may be superseded by local negotiations to be conducted as part of the Single Status Agreement between employers and trade unions at a national level.  Consequently, the Council reserves the right to change the enhancement provisions applicable to your post.  You will be fully consulted regarding any change required.  This clause does not apply to Sheltered Housing Wardens or Home Care Staff.

5. Period of Notice

For monthly and four weekly paid employees, the Council can terminate your employment by giving four weeks notice for service up to four years and thereafter one additional week for each year of continuous service up to a maximum of twelve weeks for twelve years service or more.  You are required to give four weeks notice when terminating your employment.  For weekly paid employees, the Council can terminate your employment by giving one week’s notice for service up to two years and thereafter one additional week for each year of continuous service up to a maximum of 12 weeks for 12 years’ service or more.  You are required to give one week’s notice when terminating your employment.

6. Holiday Entitlement

The Council’s leave year operates from 1 January to 31 December each year. Leave may not be carried over from one year to the next.

The entitlement to paid leave begins on the first day of employment and will accrue in accordance with the local collective agreement.

Employees who, at the end of the leave year have or will have completed one year’s continuous service or more, shall be entitled to annual leave with pay of 27 days including 5 floating days in lieu of local holidays. This shall be increased to 32 days for employees having not less than 5 years continuous service at the commencement of the leave year.

In addition, the 7 public holidays recognised by the Council will be granted as holidays with pay.

In the case of an employee having less than one year’s service by the end of the leave year or who leaves part way through a leave year, a proportion of holidays will be granted based on completed months’ service during the leave year, in accordance with the table below. Alternatively an adjustment to pay may be made to take account of any outstanding leave if at the request of the Council or through unavoidable circumstances such leave cannot be granted.  Where the proportion of annual leave taken prior to termination exceeds the accrued entitlement, the monetary value will be deducted from the employee’s final salary payment.

This clause does not apply to Nursery Nurses

7. Pension

In accordance with the Local Government Pension Scheme (Scotland) Regulations 1998, all employees aged between 16 and 65 are entitled to join the pension scheme (regardless of hours or weeks worked).

All permanent/ temporary employees will automatically become members of the Local Government Pension Scheme as operated by this Authority, unless they elect, in writing, to the contrary.

Casual/ Relief staff are not automatically included but may elect to join the scheme.

All employees (whether or not they wish to join the scheme) should complete the "My Pension Choice" form.  This form, together with information about the scheme, will normally be issued by your department or by the Payments Section.  In the event that you do not receive a "My Pension Choice" form then you can request one by contacting the Payments Section on  01343 563100.

8. Sickness Absence

Absence due to sickness must be reported to your supervisor immediately. If your absence lasts between 1 and 7 calendar days you must complete a Moray Council self-certificate on your return to work. When you know your absence will last more than 7 calendar days you must obtain, complete and return a self-certificate for the first 7 days and, on the 8th day, obtain a sick  note from your Doctor and send it to your supervisor immediately.

Failure to comply with the notification arrangements above may affect payment of Sickness Allowances.

Sickness Allowances

Full details of Sickness Allowances are contained within the National Agreement on Pay and Conditions of Service. The table below summarises the periods of entitlement.

Full sickness allowance includes any statutory payments or benefits payable.  The half pay allowance will be in addition to any such payments, provided this does not exceed normal full pay.  Full pay refers to contractual pay including any appropriate allowances to which the individual may be entitled.

Where an employee has been absent through illness for a period exceeding three months, the council will have discretion to limit the annual leave to an amount equal to the period of actual service given during the leave year,  provided the period of annual leave does not fall below the statutory minimum (currently 20 days).

9. Health

An employee may be required, as and when the Head of Department considers it necessary or advisable, to submit, subject to the provisions of the Access to Medical reports Act 1988, where applicable, to an examination by the Medical Officer appointed by the authority for this purpose.

10. Disciplinary Procedure

The Council recognises that disciplinary rules and codes are essential for the conduct of the Authority’s affairs and for the safety and well-being of all employees and others affected by their activities. Equally, it is essential to have a recognised disciplinary procedure to be applied whenever an employee’s conduct or approach to work warrants disciplinary action.

The Council’s Disciplinary procedure ensures that disciplinary action is applied fairly and equitably and specifies what action should be taken (e.g. warnings, suspension, dismissal) and the subsequent appeals procedure. You have the right  to appeal to your Head of Department if you are dissatisfied with any Disciplinary decision relating to you. Such appeal must be in writing. A copy of the procedure is available for reference in your department.

Employees working from home will be required to attend Council premises should they be involved in disciplinary proceedings.

11. Grievance Procedure

The Council’s Grievance Procedure has been established to ensure that where grievances exist they are settled as quickly and as close to the point of origin as possible, but any employee having a grievance should in the first instance discuss it with his/her immediate supervisor. Full details of the Procedure are available for reference in your department.

12. Computer use Policy

The Council’s Computer Use Policy has been established to encourage standards for acceptable use of ICT resources in the conduct of Council business, to safeguard employees, protect Council assets and ensure compliance with appropriate legislation.  Full details of the Policy are available for reference in your department.  Employees are required to ensure they comply with the responsibilities stated therein.

13. Restrictions on Outside Work

Your salary/wage will be an inclusive one and any fees, commissions or other payments received by you in consequence of you acting as an officer of the Council shall, unless the Council otherwise direct, be credited to the Council.

The Moray Council will not normally restrict whole time employees from undertaking work with other employers provided such work does not conflict with their paid employment with the Council, impair in any way the performance of their Council duties or involve the use of materials, equipment or tools belonging to the Moray Council. Employees should seek advice from their line manager if they are in any doubt.

14. Trade Union Membership

The Moray Council supports a system of free collective bargaining in every way and believes in the principle of solving industrial relations problems by discussion and agreement. For practical purposes this can only be conducted by representatives of the employer and the employees and it is essential for employees’ organisations to be fully representative. Employees are therefore encouraged to be in membership of a trade union representing them on the appropriate negotiating body. Details of representative trade unions are available for reference from your Head of Department.

15.  Safety Policy

The Moray Council accepts it responsibilities under the Health and Safety at Work etc. Act 1974 and the Council’s Statement of Safety Policy will be drawn to the attention of all employees, as will all relevant departmental safety statements and instructions. Individual Heads of Department are responsible for implementing the Council’s Safety Policy within their department. Employees are reminded to take reasonable care for their own health and safety and that of others who may be affected by employees’ activities.

The Council has adopted a ‘No Smoking’ policy and, therefore, smoking is only allowed in certain designated areas.

16. Maternity Provisions

The Occupational Maternity Scheme, as detailed in the National Agreement on Pay and Conditions of Service, will apply to all pregnant employees, with individual entitlement based on the employee fulfilling certain conditions.  An employee who wishes to take advantage of these provisions is advised to seek further information from her Head of Department or Personnel Services as early as possible in the known period of pregnancy.

17. Reduced Rate National Insurance Contributions (Married women)

Women who pay Reduced Rate N.I. Contributions immediately lose this right if their marriage ends in divorce or by annulment. Employees in this category are required by law to notify the Council (Payroll Section) if they are no longer entitled to Reduced Rate N.I. Contributions.

18. New Start Information

Unless otherwise instructed, a new employee's, name, job title and work contact details will be passed to UNISON.  This will enable them to inform new employees what services and support are available from UNISON.  Other Unions recognised for collective bargaining are GMB, TGWU, UCATT and AEEU and employees may seek information from them if they so wish.

19. Community Charge and Council Tax Liability

As a body that is substantially financed by local taxation, the Authority takes seriously the responsibility of citizens to pay Community Charge and Council Tax liabilities. You are therefore notified that should you now be, or in the future become, in arrears with either Community Charge or Council Tax liabilities to summary warrant stage, the Council will co-operate with the Sheriff Offices in the arrestment of wages.

20. Calculation of Initial and Final Salary Payments

An employee’s first and final salary will be calculated on the basis of a 365 day year. This method is commonly applied by local authorities in Scotland and is consistent with that used for the calculation of pension benefits.

The initial salary will be calculated by dividing the salary by 365 and multiplying the result by the number of days from the date of start to 31 March next and then deducting 1/12 of the annual salary for each full pay month to that date.

Final salary will be calculated by dividing the annual salary by 365 and multiplying the result by the number of days from 1 April last to date of leaving and then deducting the amount received in earlier pay periods.

This clause does not apply to weekly paid employees

I hereby accept the post on the terms and conditions outlined in this supplementary statement and the attached letter of appointment.

Signed:  ...............................................................................................................   Date:  ..........................................................

(Please retain one copy for your own records)

February 2005