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Maidstone Borough Council

 

Pay Policy Statement March 2018

 

1.    Introduction

 

The key themes of the Workforce Strategy are:

 

  • Organisation culture and change;
  • Resourcing;
  • Development; and
  • Reward

 

These strategic themes recognise the importance of pay and rewards as fundamental to our role as an employer. Our work on pay and rewards began in 2006 with an equal pay audit resulting in significant changes to the council’s terms and conditions. The work continued through the implementation of the Work Force Strategy and the development of a Total Rewards approach to remuneration for council staff.

 

Maidstone Borough Council has its own terms and conditions and undertakes local pay bargaining with trade unions.

 

2.    Terms and Conditions – Decision Making

 

Terms and conditions for employees are determined by the Employment Committee but where a decision has a budgetary implication beyond the agreed in year budget this will also require agreement from the Policy and Resources Committee.

 

3.    Reward Strategy

 

The Reward Strategy was developed in full consultation with trade unions, staff and Members. This was a very thorough piece of work that ensured the Council managed the terms of employees at all levels in the same way and applied the principles of equal pay and performance management to the scheme that was developed. The strategy has been refined over time but the principles have remained in place.

                                           

The principles for the reward strategy are to:

 

1.    Support a performance orientated organisation;

2.    Provide an attractive employment package at all levels;

3.    Be relevant to a modern local government authority;

4.    Have a pay structure that is transparent and straightforward;

5.    Reward people fairly and consistently;

6.    Move toward a Total Reward approach; and

7.    To be affordable within the Medium Term Financial Strategy.

 

The reward strategy takes a ‘Total Reward’ approach to the benefits package received by employees at the council to ensure that maximum benefit is gained from all aspects of what is on offer to employees. The key elements of this package are set out below.

 

3.1       Pay Scale and Pay Progression

 

Our policy for grades within the organisation is to apply an objective assessment of the relative ‘size and value’ of all our roles using a formal job evaluation process. Posts are graded through the HAY Job Evaluation Scheme and this process measures the requirements of the role against the key criteria of Know How, Problem Solving and Accountability when all the duties are being performed and the employee is fully effective in the role. Job evaluators are drawn from different parts of the organisation and trained to use the HAY scheme; every panel has one trade union representative as part of the panel. The Lowest Paid employees are defined as those whose posts have HAY points of 43 to 66 which place them into grade 2 of the pay scale, the same process is applied to Chief Officers whose roles are evaluated at the highest level of points. It is the policy of the organisation to refer to the HAY salary data for Local Government and to reflect the median salary for the south east public and not for profit sector. Since 2011 the council has ‘bottom loaded’ the annual pay award so that the percentage increase for the lowest paid was greater than those on higher salaries; in 2013 the council moved the lowest pay band in line with the Living Wage giving a significant increase to the low paid, the council has continued to match the Living wage since this point and currently pays in excess of the National Living Wage.

 

The pay scale has up to seven increments which recognise that with development in a role over time an employee’s skills are of more value to the organisation and therefore warrant a higher salary. There are fewer incremental points in the lower grades and more in the more complex roles. New appointments to post will normally be at the first point of the grade unless there is evidence of a skill shortage in line with the criteria set out in the Market Supplement Policy. The pay scale is at Appendix I(A).

 

Incremental progression is assessed against the agreed Competency Profile for the role and evidence of the necessary Performance Standards and agreed objectives. Assessment will be on an annual basis but will be linked to the clear and continuous performance at the level required at each incremental step. Standard progression for fully effective performance is not beyond scale point four; in grades 13 – 16 there are an additional three high performance increments which may be awarded for performance which is over that usually required in the post. The rules for pay progression are set out in Appendix I(B).

 

Incremental progression is assessed by an employee’s line manager in consultation with the Head of Service and Director who has to approve the recommendations within their Directorate; this is monitored by Corporate Leadership Team. The process and timetable for appraisals and incremental progression for the Chief Executive and Directors is set out at Appendix I(C).

 


3.2       Market Supplements

 

Currently there are fourteen employees in receipt of Market Supplements within the council; this is an decrease of two from the previous year; the policy is at Appendix I(D).

 

3.3       Pension

 

The council offers access to the Local Government Pension Scheme (LGPS) which is a significant benefit to employees and is one of the aspects of the Total Rewards package. The LGPS is a defined benefits scheme which requires contribution rates from employees of between 5.5% and 12.5% depending on earnings in accordance with the following table; in April 2014 there was an option to lower level contributions with the introduction of the 50/50 scheme.

 

Pensionable pay

Main Section

50/50 Section

Up to £13,700

5.50%

2.75%

£13,701 - £21,400

5.80%

2.90%

£21,401 - £34,700

6.50%

3.25%

£34,701 - £43,900

6.80%

3.40%

£43,901 - £61,300

8.50%

4.25%

£61,301 - £86,800

9.90%

4.95%

£86,801 - £102,200

10.50%

5.25%

£102,201 - £153,300

11.40%

5.70%

More than £153,301

12.50%

6.25%

 

The employer contribution rate for 2018/19 will be around 14.1% although this does vary from year to year, this is the future service rate excluding past service deficit.

 

The pension scheme is standard between all local government employers and in broad terms offers a pension benefit equivalent to 1/49th of pensionable salary per year of service, where pensionable salary is calculated on a career average with benefits paid at state retirement age.

 

Although most of the rules associated with the scheme are set centrally there are a few areas where local employers must define their own policy; the discretionary policy is attached at Appendix I(E). In broad terms it is not the policy of the council to increase pension benefits to employees through any form of enhancement.

 

Kent County Council is the administering authority for the Maidstone Borough Council scheme.


3.4       Pay Protection and Redundancy Payments

 

The council has a Redundancy Policy which sets out the approach that must be followed if posts are going to be affected because of organisational change. The procedure sets out the approval process and the consultation timetable, it also sets out the terms for redundancy and the pay protection policy, the pay protection policy is set out at Appendix I(F).

 

Any payments paid to an employee in relation to redundancy shall be in accordance with the statutory redundancy payments scheme and any other regulations applicable except that the Council will calculate a week’s pay on actual earnings where this is in excess of the statutory maximum figure.  (Local Govt. (Early Termination of Employment)(Discretionary Compensation) (England and Wales) Regulations 2000).

 

The policy of the organisation regarding re-employment following redundancy is that if a redundant employee commences local government employment within one month of the redundancy then the redundancy payment must be returned. Any other re-employment will only be considered where all other council rules on recruitment or procurement have been followed.

 

The government has also proposed to introduce legislation that will cap exit payments at £95,000 on the total value of the payment for public sector workers and introduce a statutory requirement to recover exit payments made to workers whose minimum salary is £80,000 at the point of leaving employment and returning to work with another public sector employer within a 12 month period.  Council policies will be amended to incorporate these requirements once these have been finalised by government.

 

3.5       Other payments.

 

Honoraria

The council has a policy to recognise situations where an employee takes on more responsibility on a temporary basis; this is often as a cost saving measure when there is a vacancy, maternity leave etc. In 2017/18 there were sixteen people in receipt of Honoraria during the year and by the end of March this had reduced to four staff.

 

Cash and Non-cash Awards

As part of the Total Rewards package the council has mechanisms for recognising exceptional contributions both from individuals and teams. In 2017/18 these were received by fifty four employees and there was a total of £9186 paid in cash awards.

 

Stand-By payments

These are paid to a small number of employees (twenty four in 2017/18) who are on an out of hours on-call rota for specialist duties such as collecting stray dogs or attending noise complaints. The level of remuneration is up to £147 for each week of being on-call.

 

Car Allowances

In 2010 the council removed the facility for lease cars but retained a lease car allowance; in 2012 it was agreed that there would be no further allocation of the Lease Car Allowance in the future and that the current allowance would be frozen. During the period since 2010 cars have been removed as the lease expired and the affected employees have moved onto the allowance and there are no remaining lease cars in the council. In 2010 there were in excess of ninety employees receiving either a lease car or cash alternative and this figure has reduced to twenty three by March 2018 a reduction of eight from the previous year. Mileage rates for those receiving this allowance are currently up to 28 pence per mile.

 

A car allowance of up to £1239 is given to those employees that are required to have a vehicle for their role and by March 2018 there were eighty nine members of staff in receipt of this allowance. The majority of those staff in receipt of this payment are within the statutory services or shared services which require external visits e.g. planning, environmental health and housing. Mileage rates for those receiving this allowance are at the HMRC level (in 2017/18 this was 45 pence per mile)

 

Bonuses

The council does not make use of bonuses as part of its own remuneration package. However there are currently four employees in receipt of regular bonuses as part of their TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) transfer terms and conditions from a previous employer; this is fourteen fewer than in 2011/12. These employees are all employed in the grounds maintenance teams and the productivity bonus tops up a lower basic wage. The TUPE regulations give protection to employees when their employment transfers which may only be changed through consultation.

 

3.6       Special fees and arrangements

Special fees may be paid for certain additional duties. In general these are connected to election duties and the funding for the allowance will not come from the council’s own budget. An additional fee is paid for the role of Returning Officer for the District elections, this statutory role may be allocated to the Chief Executive or other officer within the council. Additional fees may be paid when an employee undertakes the role of Returning Officer, Counting Officer or other similar role, on behalf of another authority or organisation.

 

The council has adopted the Kent schedule of fees which is attached at Appendix I(G).

 

3.7       Other employee benefits

The council provides access to an Employee Assistance Programme which gives both telephone and face-to-face counselling on a range of issues. The council has access to an Occupational Health Service which helps to ensure that employees are properly supported to avoid taking sick leave and to return to work as soon as possible.

 

The council supports employees in their role with a development plan and training opportunities to ensure they are fully qualified to give excellent service. The council has been recognised for its development-focussed culture through the achievement of the Investors in People Silver award.

 

On an annual basis the council has an Awards Ceremony which recognises the best achievements during the preceding year. The council also recognises long service and during 2014 this scheme was changed to recognise service over a longer period with shopping vouchers – the first level of recognition is at ten years and every five years thereafter up to forty years.

                                                                                                                 

Salary sacrifice schemes – the council offers a salary sacrifice scheme to employees for the purchase of bicycles and childcare vouchers.

 

Buying annual leave – subject to agreement with their manager, employees are allowed to sacrifice some of their salary to buy more annual leave. In 2017/18 there were eighteen members of staff that used this benefit, two less than the previous year.

 

4.         Monitoring

 

Salary budgets are monitored through the normal budget management processes by line managers. Members and senior officers regularly consider the Medium Term Financial Strategy and in particular to consider ways to reduce costs to the council.

 

As required by the Equality Act 2010 the council undertakes an equal pay audit of salaries annually which is published on the council’s web site. This helps to identify whether there are significant differences in any employees that have the protected characteristics.

 

From April 2017 under the Equality Act 2010 employers with more than 250 employees are required to publish statutory gender pay gap calculations on an annual basis.  The data must be a snapshot of salary data on 31 March 2017 and must be published on our own website and a government website by 30 March 2018.  The council has met the new legislative requirement and has published the Gender Pay Gap information well within the government’s deadline.

 

The Code of Recommended Practice for Local Authorities on Data Transparency 2011 required that salary data was published on the highest earning staff within the council; this was actioned by March 2011 as required by the code. There has now been further qualification of the salary threshold for publication which has been set at £50,000 and above. This information is at Appendix 1(H).

 

The Code of Recommended Practice for Local Authorities on Data Transparency September 2011 (updated 2015) also requires that there is a process established to monitor the rate of growth of senior earnings compared to all other employees in the organisation. The formula required is to calculate the pay multiple of the Chief Executive compared to the median earnings of all other employees and where there is any significant change year on year this should be explained. It is the council’s policy to use this pay multiple to monitor the relationship between remuneration of chief officers and other employees.

 

The recommendation in the ‘Hutton Review of Fair Pay’ 2011 has been followed:

 

‘the pay multiple should be calculated on the basis of all taxable earnings for the given year, including base salary, variable pay, bonuses, allowances and the cash value of any benefits in kind’

 

The calculation for earnings changed in 2016 from previous years following the guidance from the Local Government Association (LGA). In previous years the calculations have included earnings subject to national insurance contributions but this has been amended to include just the taxable earnings; the main difference between these two is the pension contribution made by the employee. 

 

Taxable Pay

 

Chief Executive earnings

Median

Pay Multiple

2015/16

113,374

19,831

5.72

2016/17

122,186

20,103

6.07

2017/18

127,619

20,130

6.34

% change from previous year

4.45%

0.13%

4.45%

 

The main difference in the Chief Executives pay during 2017/18 was the payment of £13,536 for her role as Returning Officer at the General and the Local elections and the progression of one incremental point on the salary scales.

 

It is important to emphasise that the pay policy of the council is to pay at the market median and this is only reached at the top of the incremental pay points for each grade. This ensures that people are paid at a lower level than the council policy until they have fully matured into the role and, although these are contractual payments, they are withheld if performance is not satisfactory at the expected level.

 

5.         Trade Union Facility time

 

The Council recognises three trade unions, UNISON; UNITE and the GMB. However there are only representatives for UNISON and UNITE.

 

The Trade Union (Facility Time Publication Requirements) Regulations 2017 came into force on 1st April 2017 which requires public sector employers to publish specified information relating to facility time provided by trade union officials.  Under the regulations, the relevant information will need to be published on an annual basis for the period 1st April to 31st March.

 

The council has a history of co-operative employee relations and with a range of fair employment policies there is a low level of trade union activity. None of the trade union representatives spend more than 50% of their working time on trade union duties; the council allows reasonable time for trade union duties (attending management meetings, pay negotiation, etc.) but no time is given for trade union activities (canvassing for additional membership etc.).

 

 

 

 

 

The total number of employees who are trade union representatives is:

 

 

Headcount

Full Time Equivalent (FTE)

UNISON

1

1

UNITE

1

1

GMB

0

0

 

Percentage of time spent by union officials on facility time is:

 

Percentage of time

Number of employees

0%

0

1-50%

1

51%-99%

0

100%

0

 

Note: only 5% of facility time is spent by union officials

 

Percentage of pay bill spent on facility time:

 

Total cost of facility time

£1,890

Total pay bill

£14,220,800

Percentage of pay bill

0.01%

 

There has been no time spent on paid trade union activities.

 

6.         Contact for further information

 

If you require any further information regarding the salary policy of the council you should contact Bal Sandher, Head of HR Shared Services on 01622 602165 or by email on baljinder.sandher@midkent.gov.uk


Appendix I(A)

 

Pay Scale 2018 - 2019

 

Grade

Spine point 1

Spine point 2

Spine point 3

Spine point 4

Spine point 5

Spine point 6

Spine point 7

1

GRADE ONE IS NO LONGER IN USE

2

16,130

16,239

 

 

 

 

 

3

16,261

16,648

 

 

 

 

 

4

16,975

17,400

17,835

 

 

 

 

5

18,483

18,946

19,418

19,904

 

 

 

6

20,110

20,573

21,046

21,530

 

 

 

7

22,149

22,659

23,181

23,713

 

 

 

8

24,944

25,630

26,335

27,059

 

 

 

9

27,876

28,643

29,430

30,239

 

 

 

10

31,310

32,249

33,217

34,214

 

 

 

11

34,845

35,803

36,788

37,799

 

 

 

12

40,527

41,743

42,996

44,285

 

 

 

13

44,945

46,293

47,682

49,150

51,370

53,589

55,808

14

59,780

62,480

65,181

67,882

71,090

74,392

76,591

15

79,246

82,710

86,176

89,642

93,107

96,572

100,424

16

105,158

108,147

111,137

114,127

117,118

120,106

124,901


Appendix I(B)

Pay Progression

 

1.         Annual Inflation Award

 

Annual pay consultation will consider the cost of living, the position of MBC pay in comparison to the market but affordability will be the foremost consideration. Consultation will commence annually in September with the aim to reach agreement within the budget cycle so that payment can be made in April salaries.

 

The Chief Executive and Head of HR are responsible for undertaking pay negotiation with trade unions but the Policy and Resources Committee takes ultimate responsibility for agreeing the budget.

 

2.         Pay progression within grade

 

The pay scale has up to four standard increments which recognise that with development in a role over time an employee is of more value to the organisation and therefore warrants a higher salary. There are fewer incremental points in the lower grades and more in the more complex roles. New appointments to post will normally be at the first point of the grade unless there is evidence of a skill shortage in line with the criteria set out in the Market Supplement Policy.

 

Progress through the grade will be assessed annually. This will not be an automatic progression but will require an assessment against the agreed Competency Profile and Performance Standards for the position. Where the employee has progressed towards the full competency profile they will be awarded an increment. Assessment for incremental progression will take place by October each year. This will therefore not be linked to the annual appraisal but will take place mid-year. Increased increments will be paid with effect from 1st October.

 

Employees must have six months service in their role by the 1st October to be eligible for assessment, if they are more recently appointed they will receive a review after six months in the position, thereafter they will be reviewed annually for the October increment.

 

Individuals will need to consistently demonstrate the behaviours required by the Competency Profile and Performance Standards for their role in order to maintain their incremental position. One off performance will not be sufficient to merit or maintain an increment.

 

Where individuals do not sustain the level of performance or where they have been assimilated to the top of the grade but are assessed as not having the full range of competencies they will be given time to improve but their pay will be frozen until they drop to the pay level that matches their performance, this includes any rise in annual pay as a result of pay inflation. This is outside the normal Pay Protection policy as it does not represent an organisational change. Where the individual is assessed as not meeting the requirements of the grade their performance will be treated as a capability issue.

 

3.         High Performance Increments (HPI) – Grades 13-16

 

In addition to the standard incremental progression which is linked to fully meeting performance objectives there are an additional three incremental points in grades 13 to 16. These incremental points will be linked to sustained high performance and should not be awarded for one off projects for which either an ex-gratia payment or cash award may be more appropriate. These HPI’s recognise the impact of senior managers on the high performance of the organisation and they should only be used where it is possible to demonstrate that the individual has added significant value over and above what might be seen by other fully effective performers in the same role.

 

High Performance Increments will be considered in line with the mid year review for effect in October. The HPI may be awarded on either a consolidated or non-consolidated basis. Recommendation for an HPI must be made by a Director to the Corporate Leadership Team for grades 13 and 14, by the Chief Executive to the Member and Employment and Development Panel (MEDP) appraisal sub-committee for Directors (grade 15) and by the Leader to the MEDP appraisal sub-committee for the Chief Executive.

 

Consideration of some or all of the following factors is appropriate when an award of an HPI is recommended:

·         Flexibility to manage new services following structure changes

·         Innovative ways of working to improve performance and reduce costs

·         Management of services outside the council e.g. shared services

·         Continued performance at a level above the current grade but where there are no suitable opportunities for promotion

·         Increased income to the council from selling services

It is important to emphasise that the HPI will not be the norm for pay progression and movement onto these increments will be carefully monitored to ensure that there are no equal pay implications.

 

4.         Career Grades and Incremental Progression

 

A Career Grade offers the opportunity of a long path of progression to a particular professional position. As such the nature of the role and the requisite competencies are likely to vary considerably between the entry point and final destination. This means that through Job Evaluation the Career Grade is likely to span several grades and have many steps. To enable this clear stepped progression there may be some need to have interim points between the normal incremental points e.g. in recognition of the achievement of some particular milestone. These half incremental steps will be allowed providing that there is prior agreement with the Head of HR and that they are applied equally to all those who meet the criteria and are set out as part of the agreed career grade structure. Progress through the career grade will need to be evidence based and the Head of HR will need to agree to the progression if it is between grades.

 


Appendix I(C)

 

Chief Executive and Director Appraisal Process

 

The appraisal panel for the Chief Executive will comprise of a sub-committee of the Employment Committee.

 

This committee will also take a ‘grandparent’ role to review and comment on the full annual appraisal and objectives for the Directors as set by the Chief Executive.

 

An indicative timetable and process for the Chief Executive is set out below:

 

Process

Dates

Papers Required

Chief Executive Appraisal and Director review

March

 

Mid-Year Review – CEO with sub-committee

By mid September

Appraisal documents with agreed objectives and development plan – to be reviewed and up-dated

Mid-Year Review - Directors with CEO

September

Appraisal documents with agreed objectives and development plan – to be reviewed and up-dated

Chief Executive preparation Documents complete for circulation to sub- committee

January

Previous years appraisal & Mid Year Review

Knowledge, Skills and Performance Standards

Strategic Direction Competency Framework

Appraisal Preparation document

Briefing note on appraisal preparation

Chief Executives appraisal with sub committee

February

Appraisal produced from the meeting

 

Directors appraisals with CEO

February

Directors appraisals then CEO to write up and agreed by Directors

Sub-committee review of Directors appraisals

 March

Previous years appraisal & Mid Year Review

Knowledge, Skills and Performance Standards

Strategic Direction Competency Framework

Appraisal completed by Chief Executive & Director

 


Appendix I(D)

 

MARKET SUPPLEMENTS FOR PAY

 

Introduction

 

The Council will utilise a Market Supplement to ensure that competitive salaries will attract and retain key workers in skill shortage areas without distorting the pay structures for all other employees. A Market Supplement for recruitment or retention purposes will only be used where there are clear business reasons that cannot be better addressed through the total benefits package, the work environment or department skill mix. It is recognised that pay is only one factor contributing to our attractiveness as an employer and other aspects of employment, particularly those relating to development, should be applied rather than using just a Market Supplement.

 

All jobs are graded using the HAY Job Evaluation system and the defined pay policy of the Council is to pay at Market Median where the market used is the HAY Local Government salary data. This is also checked against local Kent salary surveys to ensure that it is robust for the geographical region. This approach ensures that the employees of Maidstone Borough Council are paid at a fair level in comparison to other workers in similar employment groups.

 

However there is recognition that in certain professions there are either national or regional skill shortages and Maidstone needs to be responsive to the competition for these skills. In the longer term our aim will be to train employees to move into these specialist areas and to ensure that the specialists’ skills are used properly within the organisation. In the short term Market Supplements may be used.

 

Identification of the Skill Shortage

 

Recruitment Campaigns

 

Where there is no anticipated shortage there will need to be a minimum of two appropriate external recruitment campaigns within a 12 month period to establish that it is not possible to fill a position before it is agreed there is a requirement for a market supplement.

 

Salary Survey

 

The salary survey is conducted on an annual basis and gives details of the comparative salaries for defined positions in the south east. This clearly identifies the median salaries and is particularly relevant for local government roles. This will enable the identification of positions which may be vulnerable and where there is more than a 10% salary difference from the median there should be consideration of the need for a market supplement. The existence of this difference alone is unlikely to be sufficient justification and further analysis will be required to identify whether this has had an adverse impact on the Council’s ability to recruit and retain.

 

National Information

 

Within local government there are certain identified skill shortage areas. These are identified through data collection from the Employers Organisation. In 2016 these skills were listed as:

 

 

1.        Children's social workers

2.        Planning officers *

3.        Building control officers *

4.        Environmental health officers *

5.        Educational psychologists

6.        School crossing patrol

7.        Adult social workers

8.        Trading standards officers

9.        Solicitors and lawyers

10.     Mental Health Social Workers

 

*           category of worker employed by MBC

 

This national picture is the first indicator of a shortage. Where there is an identified shortage nationally the manager will still be required to demonstrate that this applies to the local area. This proof can be gained through the outcome of a relevant recruitment campaign during the previous 12 month period or through information from agencies about the availability of particular skill sets.

 

Market Supplement for Recruitment Purposes

 

The level of supplement will be agreed between the Director and the Head of HR in consultation with the Head of Finance. It will be paid as part of monthly salary and will be pensionable. The supplement will not be subject to the cost of living award and will not be taken into account for any salary related enhancements eg overtime which will be paid at the normal salary rate.

The Market Supplement will be given for a minimum two year period initially. This will be annually reviewed to confirm that the supplement is still necessary and at the appropriate level. Where a reduction in level is the outcome of the review this will not take effect until the minimum two years has expired. Reductions will follow the process set out in section 5.

 

The payment of a Market Supplement must be within the Director’s agreed budget. Approval must be given by the relevant Director and the Head of Human Resources who will ensure that all alternative options have been explored.

 

Market Supplement for Retention Purposes

 

Whilst the Market Supplement is principally to enable the Council to be able to compete in a highly competitive market to attract new employees, there may be exceptional cases where a supplement should be considered for existing employees. This may occur in situations where a new recruit is offered a supplement which would then cause equally mobile colleagues to leave and seek a similar salary elsewhere. There may also be occasions where an employee with a specialist skill needs to be retained to ensure business continuity.

 

The level of supplement will be agreed between the Director and the Head of HR in consultation with the Head of Finance. It will be paid as part of monthly salary and will be pensionable. The supplement will not be subject to the cost of living award and will not be taken into account for any salary related enhancements eg overtime which will be paid at the normal salary rate. The Market Supplement will be given for a minimum two year period initially. This will be annually reviewed to confirm that the supplement is still necessary and at the appropriate level. Where a reduction in level is the outcome of the review this will not take effect until the minimum two years has expired. Reductions will follow the process set out in section 5.

 

Agreement to the Market Supplement (or appointment above the bottom of the grade) will require the completion of the form at Appendix 1.

 

Payment of a Retention Supplement must only be considered in exceptional circumstances and particular attention must be paid to the Equal Pay issues.

 

Removal of the Supplement

 

The availability of skills varies over time. As professions are identified as skill shortage areas and salaries rise they can attract an increased number of trainees. Where this is the case the Council would not wish to incur unnecessary costs, i.e. paying more for a skill than the median rate if this would be sufficient to attract high quality applicants.

 

Management Team will review the posts attracting a supplement annually in January. When it is clear that a particular profession or skill area no longer necessitates a market supplement this will be withdrawn over a phased period of 2 years – with the withdrawal of 25% of the supplement every six months until the employee returns to the normal rate for the job. The assessment of the on-going need will relate to the national skills assessment combined with local salary reviews and the response to recruitment campaigns. When a market supplement is to be withdrawn the employee will be notified by the end of January and the phased withdrawal will commence in April of that year. In this way the annual pay award should help to offset any reduction.

 


Appendix I(E)

Maidstone Borough Council

Policy and Procedural Issues

Local Government Scheme Regulations

Employer Discretions

 

This paper confirms the pension policy of Maidstone Borough Council as it relates to the exercise of discretions contained in the Local Government Pension Scheme Regulations 2013 and the LGPS (Transitional Provisions, Savings and amendments) Regulations 2014. Last updated June 2014.

 

The policy statement applies to all members of staff who are eligible to be members of the LGPS, as defined in the regulations i.e. employees with a contract of employment of over 3 month’s duration and who are under 75 years of age and are contractually enrolled at the start of employment.  Those with contracts of less than 3 months, including casuals, can join but need to elect to do so.

 

Employees who are members of the pension scheme are only entitled to receive pension benefits if they have 2 years or more service.  Under LGPS 2014 Regulation 18, if an employee leaves within 2 years of the start of their employment their contributions can be repaid or transferred to another scheme, unless there is some fraudulent offence or misconduct in connection with the employment

 

Principles

 

The Authority will treat any individual retirement case and decisions on its merits.

 

Decisions relating to retirement will be made taking into account the business case and business implications, the financial implications, employment law consideration, the regulations and the legality of each case.  It may also take into account long term savings, affordability, skills and skills retention and impact on service delivery.

 

The definition of business efficiency shall include, but not be limited to financial savings and/or quality improvements judged on a case by case basis.

 

Each decision will be made free from discrimination on the grounds of any protected characterising – age, disability, gender reassignment, marriage or civil partnership, pregnancy & maternity, race, religion and belief, sex, sexual orientation or any other personal criteria.

 

The Authority’s decisions relating to retirement and the release of pension benefits will be in line with the current pension regulations.  These regulations may be updated from time to time and the Authority will default to the regulations if the policy is not explicit on any current or future regulation.

 

Decisions relating to the release of deferred benefits to former employees will refer to the relevant pension policies applicable at the time of their employment.  In such cases, the decision as to the release of deferred benefits will be on a case by case basis and will take into account the criteria detailed in these principles.  Guidance may be sought from the pension administrators as required.

 

Regulation 9 (1) & (3) - Contributions

 

Maidstone Borough Council will apply the nationally determined employee contribution rates and bands.  These are subject to change and may be varied.

 

Maidstone Borough Council will pay the rate of contributions determined in the regulations for employees whose pay is reduced through ill health or during authorised unpaid leave, including child related leave.

 

The calculation of pensionable pay will include basic annual salary plus any other pensionable salary items including – Market Supplement/ Premium, Overtime, Bonus, Honorarium, Salary Supplements. The pensionable pay will be reviewed monthly and based on earnings for that month to identify the appropriate band and contribution percentage

 

Maidstone Borough Council will notify employees of their individual contribution rates in their payslips or by letter at least annually. 

 

Regulation 16 (2)e and 16 (4)d –  Shared Cost Additional Pension Contributions (SCAPC)

 

It is not Maidstone Borough Council’s general policy to operate a SCAPC where a scheme member wishes to purchase extra annual pension (up to the limit defined in the regulations). 

 

Where a scheme member has a period of child related leave or authorised unpaid leave and elects, within 30 days of return to work, to pay a SCAPC to cover the amount of pension ‘lost’ during the period of absence, in these circumstances Maidstone Borough Council is required to contribute 2/3rds of the cost. If an election is made after the 30 day time limit the full costs will be met by the scheme member.

 

Employees who have the option to pay contributions in respect of a period of unpaid absence must elect to do so within 30 days of the date of the notice issued to them by the Human Resources Section stating the amount of contributions to be paid. This time limit may be extended by the Head of Human Resources if the employee can demonstrate exceptional circumstances so as to justify an extension of time.

.

TP Regulations 1(1)(c) of Schedule 2 – whether to allow the rule of 85 to be ‘switched on’ for members age 55-59.

It is not Maidstone Borough Council’s general policy to make use of the discretion to ‘switch back on’ the 85 year rule protections unless there are clear financial or operational advantages to the council.  Each case will be considered on its merits by Head of Human Resources, the Head of Finance and the relevant Director.

 

Regulation 17 (1) – Shared Cost Additional Voluntary Contributions (SCAVC)

 

It is not the current policy of the Borough Council to operate a shared cost Additional Voluntary Contribution Scheme for employees. However, this policy will be reviewed from time to time by the Head of Human Resources in conjunction with the Chief Finance Officer, subject to Member’s approval.

 

Regulation 21 (5)In determining Assumed Pensionable Pay whether a lump sum payment made in the previous 12 months is a ‘regular lump sum’.

 

Maidstone Borough Council will maintain a list which details what Maidstone Borough Council considers being a regular lump sum payment made to our employees to be used in the calculation of the Assumed Pensionable Pay

 

Regulation 22 (7)(b) &22 (8)(b) - Aggregation of Benefits

 

Employees who have previous LGPS pension benefits in England and Wales will automatically have these aggregated with their new LGPS employment unless they elect within 12 months of commencing membership of the LGPS in the new employment to retain separate benefits.  Maidstone Borough Council has the discretion to extend this period beyond 12 months and each case will be considered on its own merits by the Head of Human Resources, the Head of Finance and the relevant Director.

 

Regulation 30(6) – Flexible Retirement

 

It is Maidstone Borough Council’s policy to only provide consent for flexible retirement and the immediate payment of benefits where there are clear financial or operational benefits to the council. Any such consent requires the agreement of the Director of Human Resources and the relevant Director and each case would be considered on its merits.

 

If consent has been given under Regulation 30 (6) it is not Maidstone Borough Council’s general policy to waive any actuarial reduction unless there are exceptional circumstances.

 

Regulation 30(8) Waiving of Actuarial Reductions

 

It is not the policy of the Borough Council to give consent to the immediate payment of benefits to employees under this regulation unless there is a demonstrable benefit to the organisation which would take full account of any extra costs to be borne by the Authority. In circumstances where a request is made for an early payment of a deferred benefit this is unlikely to be granted except in the most extreme cases of hardship; circumstances must be exceptional and would not reasonably be expected to prevail i.e. the occurrence of a disaster or accident etc.  Financial hardship alone would not normally be deemed sufficient.  Any such consent shall be agreed by the Head of Human Resources, Head of Finance and the relevant Director taking account of all the details involved in the case.

 

Where a scheme member has previously been awarded a preserved benefit, it is not generally the policy of Maidstone Borough Council to give consent under this regulation to the early payment of benefits, however each request will be considered and full account taken of any costs to be borne by the authority. Any consent shall be agreed by the Head of Human Resources, Head of Finance and the relevant Director taking account of all the details involved in the case. It is not the council’s general policy to waive any actuarial reduction in these circumstances.

 

Regulation 31 – Award of Additional Pension

 

Maidstone Borough Council has the discretion to award additional pension (up to the additional pension limit defined in the regulations) to an active member or within 6 months of leaving the scheme to a scheme member who was dismissed on grounds of redundancy or business efficiency. 

 

Maidstone Borough Council will only exercise this discretion in exceptional circumstances and where there is a proven total benefit to the organisation which includes any costs that might be borne by the authority.  Any consent shall be agreed by the Head of Human Resources, Head of Finance and the relevant Director taking account of all the details involved in the case.

 

Regulation 100 (6) – Aggregation of Benefits

 

If a scheme member wishes to transfer any pension benefits they have built up in other schemes to the Local Government Pension Scheme, it is the policy of Maidstone Borough Council that the election must be made within 12 months of the Pension Section being notified that the employee has become an active member of the Kent Scheme.

 

If the 12 month period has elapsed then the member may make a case for any exceptional circumstances to be considered by the Head of Human Resources, the Head of Finance and the relevant Director within Maidstone Borough Council and by the Pension Scheme Administrator, both organisations must agree to the late transfer.

 

 

 

 

 

 


Appendix I(F)

PAY PROTECTION POLICY

 

Introduction

 

The Council believes that an integral feature of any successful organisation is its ability to identify the need for change and to manage that change, taking into account management’s aspirations as well as the aspirations and well being of its employees.

 

Whilst the Council is committed to providing security of employment and to minimising the personal impact of organisational change there will be occasions when it will be necessary to reorganise services and the way in which they are delivered. In these circumstances the provisions of this policy will apply.

 

Scope

 

This policy applies to any employee who, as a consequence of organisational change, is required by management to move to a new post or suffers a reduction in basic hours worked within the standard working week. The provisions of this policy do not apply where an employee moves to another position as a result of:

 

action taken in accordance with the Council’s disciplinary or capability procedures

the need for re-deployment on health grounds

unacceptable standards of work performance

a request from the individual or by mutual agreement between the individual and the Council

a voluntary application to another position within the Council

 

Protection Period

 

Protection of earnings will be given for a period of 36 months. The first twelve months will be protected at the full earnings of the role held by the employee prior to the change. The 13-24 month period will be with a 33% reduction of the difference between the new earnings and the earnings of the role held prior to the change. The 25-36 month period will be with a 66% reduction and after a period of 36 months the employee will move to the salary and earnings of the new post. The employee will be moved to the salary point of the pay scale for the grade of the new post that is closest to the salary of the previous post. In most cases this is likely to be the highest incremental point of the relevant grade.

 

In exceptional circumstances, and where there may be a cost advantage to the organisation (e.g. where redundancy costs would be very high) there may be agreement with the Chief Executive, the Head of Finance and Head of Human Resources to extend this period to a maximum of five years.

 

Calculation of Protection

 

Earnings protection will be calculated as an average of the earnings in the four months preceding the organisational change. This will include basic salary, essential car user allowance, lease car cash allowance, stand-by payments and an average of overtime and out of hour’s payments.

 

Earnings in the new post will be off-set against protected earnings and if for any particular pay period the earnings in the new post exceed the protected earnings then the higher earnings will be paid for that pay period.

 

Where the period of protection spans the annual pay award the protected pay will be reduced by an amount equivalent to any increase in pay in the new substantive post. 

 

Conditions of Protection

 

Protection of earnings is conditional upon the employee undertaking any shift work, standby or other duties which may be required in the new post. Where there are increased earnings as a result of these additional duties this will result in an equivalent decrease in pay protection. In circumstance where the employee is required to drive and the post is designated as an Essential Car User or the level of mileage is such that the employee qualifies for the Essential Car User Allowance this will be paid but the level of pay protection will be reduced by the equivalent amount.

 

Protection of earnings is also conditional upon the employee accepting any subsequent offer of a suitable alternative post which attracts a salary in excess of that of the new post.

 

Overtime will be paid at the new rate (i.e. the real rate attached to the post) not at the protected rate.

 

Pension Implication

 

It has been the Borough Council’s policy to issue a certificate of protection of pension benefits to protect employees who suffer detriment by being required to take a cut in pay or who are prevented from having future pay increases by having their pay frozen. Any certificates issued may continue to apply to pension forecasts whilst they are still valid. Following the pension changes on 1 April 2008 there were no further certificates of protection issued but up to 31 March 2014 there are options for pension calculation to be based over a longer time period, affected employees should contact the pension administrator.

 

Terms and Conditions other than Pay

 

Annual Leave entitlements and length of notice period required from the employee will not be protected and those applicable to the new post will be effective from the date of transfer.

 


 

Appendix I(G)

 

KENT ASSOCIATION OF ELECTORAL REGISTRATION OFFICERS AND STAFF (Kent AEROS) – SCALE OF FEES (REVISED)

Proposed scale of fees for District/Borough and Parish Council elections and Neighbourhood Referendum held on or after 1st April 2017

1.       The scale of fees are uplifted annually, by using the NJC award pay award for local government and approved by the Kent Chief Executives Group.

2.       Kent County Council’s scale of fees uses a calculation based upon per 1000 electorate.  Kent AEROS’ scale uses a calculation of per 500 electorate because of small parishes.

3.       In order to ensure consistency the Kent AERO's scale reflects the KCC 2017 Scale and is in line with the NJC increase

4.       The Kent AEROS’ scale has been uplifted by 1.35% using the NJC Pay Award for Local Government Services 2017/18

 

 

Item

Current

2016

£

Proposed

2017

£

Stationery and Equipment

1.        

Printing and publishing all notices, forms and

other documents, providing stationery and

sundries, and other miscellaneous expenditure

including postage, telephone calls and faxes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Actual and necessary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reasonable and appropriate cost

2.        

Stationery and equipment at each polling

station, including depreciation

3.        

Hire of any building or room for the purpose of

the election and the expenses attending the

use of any building or room, including

temporary polling stations if necessary

4.        

Fitting-up polling stations including the

provision, transport and erection of voting

compartments, the hire of necessary furniture

(where this is not otherwise available) and the

return to store afterwards

5.        

Ballot Papers – provision and printing

6.        

Register of Electors – purchase

7.        

Printing or production of official poll cards and

postal vote packs

8.        

Delivery of official poll cards by hand

Second class postage

rate

Second class postage

rate

Travelling expenses

9.        

Travelling expenses to DRO’s staff to make

arrangements for the poll or otherwise in

connection with the conduct of the election

No fees in place for 2016

45p per mile

10.    

Presiding Officer travelling expenses

14.10

14.29

11.    

Poll Clerk travelling expenses

8.19

8.30

12.    

Travelling expenses for staff in connection with

the counting of votes, at the discretion of the

DRO

8.19

8.30

Polling Station Staff

13.    

One Presiding Officer at each Polling Station –

single election

205.64

208.42

14.    

For each PO at a Polling Station – combined election or difficult station due to local circumstances (at the discretion of the Returning Officer (RO))

252.62

256.03

15.    

For a PO who acts as a supervisor at a Polling Place where there is more than one Polling Station

(additional)

9.97

(additional)

10.10

16.    

Supervising Officer (SO) – for every 10 polling station overseen

205.64

208.42

17.    

For each Poll Clerk (PC) at a Polling Station – single election

123.38

125.05

18.    

For each Poll Clerk at a Polling Station – joint

election or difficult station due to local

circumstances (at the discretion of the Returning Officer (RO)

152.76

154.82

19.    

For each training session provided by the DRO

for Presiding Officers, Poll Clerks or count staff

176.29

178.67

20.    

For each Presiding Officer and Poll Clerk

attending training

45.64

46.26

21.    

An allowance for each polling station to have

available a mobile phone on polling day

No fee in place for 2016

5.00

Counting of the votes, postal voting, clerical and other assistance

22.    

For the employment of persons in connection

with the counting of the votes, clerical and other assistance required by the RO – for each

500 electors or part in a contested election

71.94

(per 500)

 

72.91

(per 500)

23.    

For the employment of persons in connection

with the issue and opening of postal ballot

papers – for each 100 postal voters or part

70.51

71.46

24.    

For the recount of votes – for each 500

electors or part

4.14

4.20

25.    

Payment to the District/Borough for the use of Council staff to support the RO in the conduct of elections as follows:

 

 

(a)

Contested election – (i.e. without District/Borough) for each 500 electors (or part)

55.72

(per 500)

56.47

(per 500)

(b)

Contested joint election (i.e. with District/Borough) – for each 500 (or part)

27.86

(per 500)

28.24

(per 500)

26.    

Contested single election – payment to DRO for

the management and conduct of the election –

for each 500 electors or part

31.14

31.56

27.    

Contested joint election – payment to DRO for

the management and conduct of the election –

for each 500 electors or part

43.00

43.58

28.    

For each Counter attending training

No fee in place for 2016

15.00

29.    

For each Count Supervisor and Count General

Assistant attending training

No fee in place for 2016

30.00

30.    

Reasonable refreshments for staff involved in

the verification and count

No fee in place for 2016

Maximum £5 per head

Uncontested election

31.    

Payment to District/Borough Council for the use

of Council staff

at an uncontested election – for each

500 electors or part

15.37

(per 500)

15.58

(per 500)

 

32.    

RO fee for the conduct of elections as follows:

 

 

(a)

Uncontested District/Borough election – single fee

53.33

54.05

(b)

Uncontested Parish election – single fee

18.27

 

18.52

33.    

For clerical and other assistance required by the Returning Officer at an uncontested election – for each 500 electors (or part)

19.57

19.83

 

Notes

1.      The fees are calculated on the number of local government electors on the register of electors and entitled to vote at the last day for publication of the notice of election.

2.      At parish polls the fees relating to polling staff may be pro rata.

3.      Item 24 – in special circumstances, the RO may recover actual costs

4.      Items 10, 11 and 12 – variable mileage rates may be applied where fixed travel is considered appropriate.

5.      Item 31 – the payment referred to applies (in the case of a parish election) to each ward of the parish.

 

 

 


Appendix I(H)

Details of remuneration and job title of certain senior employees whose basic salary is between £50,000 and £150,000.

Position

Department

Remuneration

No of staff

Budget

Other services/responsibilities

Chief Executive

Chief Executive

£140,000 - £145,000

579

£18,896,890

Returning Officer responsible for all elections & Head of Paid Service

Director of Regeneration and Place

Regeneration and Place

£100,000 - £104,999

293

£8,845,560

 

Director of Finance and Business Improvement

Finance and Business Improvement

£100,000 - £104,999

116

£7,275,730

Section 151 Officer

Mid Kent Services Director

Mid Kent Services

£85,000 - £89,999

167

£2,296,600

Reports to Chief Executives of Maidstone, Swale & Tunbridge Wells Borough Councils.

Head of Policy, Communications and Governance

Policy, Communications and Governance

£80,000 - £84,999

80

£2,393,950

 

Head of Planning and Development

Planning and Development

£80,000 - £84,999

38

£953,140

 

Head of Housing and Community Services

Housing and Community Services

£75,000 - £79,999

50

£3,695,020

 

Head of Regeneration and Economic Development

Regeneration and Economic Development

£70,000 - £74,999

85

£1,259,620

 

Head of Mid Kent Audit

Mid Kent Audit

£70,000 - £74,999

12

£204,010

Head of shared service with Ashford, Swale and Tunbridge Wells Borough Councils.

Head of Environment and Public Realm

Environment and Public Realm

£60,000 - £64,999

103

£4,937,980

 

Head of Mid Kent ICT

Mid Kent ICT

£60,000 - £64,999

34

£1,386,260

Head of shared service with Swale and Tunbridge Wells Borough Councils.

Head of Commissioning and Business Improvement

Commissioning and Business Improvement

£60,000 - £64,999

18

£1,171,150

 

Head of Finance

Finance

£50,000 - £54,999

15

£3,231,800

 

Head of Mid Kent HR

Mid Kent HR

£55,000 - £59,999

14

£564,350

Head of shared service with Swale Borough Council

Head of Mid Kent Revenues and Benefits

Mid Kent Revenues and Benefits

£55,000 - £59,999

63

-£321,160

Head of shared service with Tunbridge Wells Borough Council

Parking Services Manager

Parking Services

£55,000 - £59,999

13

(£2,000,200)

Manager within shared service with Swale Borough Council

Economic Development & Regeneration Manager

Economic Development and Regeneration

£55,000 - £59,999

12

£436,010

 

Chief Operations Officer

Mid Kent ICT

£55,000 - £59,999

33

£0

Manager within shared service with Swale and Tunbridge Wells Borough Councils. 

Deputy Head of Audit

Mid Kent Audit

£50,000 - £54,999

4

£204,010

Manager within shared service with Ashford, Swale and Tunbridge Wells BC’s

 

Remuneration band

Number of employees whose remuneration in 2017/18                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                is at least £50,000 in brackets of £5,000

 

 
Number of employees in band

 

 

£50,000 - £54,999

This information is published in accordance with the guidance associated with The Code of Recommended Practice for Local Authorities on Data Transparency (2014) which requires the publication of senior salaries within a £5000 range.  The table includes all earnings.

 

 
5

 

 

£55,000 - £59,999

6

 

 

£60,000 - £64,999

3

 

 

£65,000 - £69,999

0

 

 

£70,000 - £74,999

2

 

 

£75,000 - £79,999

1

 

 

£80,000 - £84,999

2

 

 

£85,000 - £89,999

1

 

 

£90,000 - £94,999

0

 

 

£95,000 - £99,999

0

 

 

£100,000 - £104,999

2

 

 

£105,000 - £109,999

0

 

 

£110,000 - £114,999

0

 

 

£115,000 - £119,999

0

 

 

£120,000- £124,999

0

 

 

£125,000 - £129,999

0

 

 

£130,000 - £134,999

0

 

 

£135,000 - £139,999

0

 

 

£140,000 - £144,999

1

 

 

Total

23

 


Data transparency: Maidstone Borough Council organisation chart

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