Agenda item

The Council has recently undertaken a review of the JNC Conditions of Service for Chief Officers. This report proposes that the Council determines those senior management posts which fall within the JNC definition for a chief officer and employs these staff on JNC terms and conditions. All other senior managers on Hay grades would be employed on NJC for Local Government Services terms and conditions.  The report also asks members to consider some changes to the JNC for Chief Officer terms and conditions which will bring them more into line with all other staff terms and conditions.

Cara Davani (Operational Director, Human Resources) introduced the report that outlined details of a review of Joint Negotiating Committee (JNC) conditions of service for chief officers.  The review had concluded that chief officer posts be determined from those senior management positions that fall within the JNC definition of chief officer and that they be employed on JNC terms and conditions, whilst retaining local variations.  Cara Davani advised that this would also be in accordance with the council’s constitution.  In respect of all other senior managers on Hay grades, these would be employed under National Joint Council (NJC) terms and conditions which would bring them in line with all other staff and provide greater alignment across the organisation, whilst there would be retention of some local variations that are beneficial to the council.  In addition, disciplinary arrangements and appeals for senior managers on Hay grades were to be bought in line with all other staff in order to ensure greater equity.  Hay staff were also to be formally subject to the council’s staff appraisal arrangements, although Cara Davani advised that in practice this was already being undertaken.  The last proposal was to implement a pay award consistent with that for all other staff where the JNC for chief officers does not negotiate a pay award.

During discussion, it was noted that Hay staff would no longer have entitlement to legal representation at disciplinary hearings in order to bring them in alignment with other staff. It was queried whether in fact all staff should be entitled to legal representation in order to meet legal requirements under the Human Rights Act.  An explanation was also sought in respect of the reasons for classifying the Assistant Chief Executive and the Operational Director of Human Resources as chief officer posts.

In reply, Cara Davani advised that legally there was no requirement for legal representation at council disciplinary level, and nor would it be feasible to have a lawyer present at every disciplinary proceedings in view of the resources required.  However, she advised that every appellant would continue to be entitled to a representative, such as a trade union representative or a work colleague.  In respect of definition of chief officer, Cara Davani advised that this was required under the council’s constitution and included Corporate Management Team (CMT) members and those entitled to attend CMT meetings, including the Assistant Chief Executive and Operational Director of HR. 

RESOLVED:-

(i)        that strategic directors, operational directors with responsibility for a statutory function and the Assistant Chief Executive and Operational Director HR be classified as chief officers in accordance with the JNC definition for chief officers and be afforded JNC terms and conditions as modified by other proposals in this report and the local variations to the existing contract for Hay graded posts be retained in accordance with the council’s constitution;

(ii)       that all other posts on Hay grades to revert to NJC for Local Government Services terms and conditions whilst retaining the local variations to the existing Hay contract;

(iii)      that those posts identified as statutory chief officer posts as set out in the constitution be updated in line with the constitution;

(iv)      that disciplinary arrangements for senior managers be bought in line with all other staff;

(v)     that the consultation arrangements in the JNC conditions be aligned where it is proposed to delete a chief officer post with the council’s managing change arrangements for all other staff;

(vi)      that the council’s appraisal arrangements for Hay grade staff be adopted, as is current practice; and

(vii)    that a pay award which is consistent with that being rolled out for all other staff where the JNC for Chief Officers does not negotiate a pay award be implemented.