Unison's ballot closes today and the strong rumour is that they have voted overwhelmingly to accept.
We will be holding an e-mail ballot as soon as possible however some members will be getting a postal vote if they do not have access or will be away.
The ballot form will be remarkably similar to this:
NEGOTIATED PAY DEAL – BALLOT PAPER ENCLOSED
I am writing to you to explain the main points of the deal that we have reached with Management with regard to HERA and the National Framework Agreement and explain to you why AMICUS is recommending the deal. Amicus, the other support staff union involved in negotiations, are also recommending the deal to their members.
This agreement is the product of more than two years of partnership working and discussion. It has required all parties to compromise. This means that not all of the points which the unions would have wanted in the final agreement are actually incorporated. However, we genuinely believe that the deal is the best that we can negotiate in the circumstances and that we have gone as far as we can to address the various issues arising through collective bargaining.
The main points of the deal are as follows:
JOB EVALUATION AND EQUAL PAY (HERA)
- A job evaluation study, using the HERA process, was undertaken so there is now a single wage structure within the university. In this way, we hope to address equal pay concerns on a broader level than we would be able to if we concentrated on litigation alone.
- Under the new single structure, people’s jobs have been evaluated. Those people whose jobs were found to have been undervalued have been “green-circled” and placed on their new, higher, rate. People being “green-circled” will be aligned to the new single wage structure from
- Those who are matched to a job which is lower than their provisional match have been “red-circled” and have their current salary preserved for up to 4 years. They will, therefore, not receive any more incremental rises (if they were not already at the top of the grade) but will receive nationally negotiated pay increases. It is hoped that within the 4 years these staff will receive advice and assistance to maintain their salary by increasing the responsibilities of the post and a new Role Profile agreed and scored. However, this may not be possible in all cases.
- We are not pretending that this agreement necessarily delivers equal pay, which is the employer’s responsibility to ensure. However, we consider that implementing this system makes it much more likely that we can tackle any equal pay issues.
- Those employees who are “green-circled” may, after being evaluated and placed into the new structure, have an equal pay claim, including a claim for up to six years’ back-pay. This might include a claim for the period in which a pay rise over 10% was implemented. This will not always be the case, and depends on a number of legal factors, some of which are highly complex, such as whether you can show an appropriate comparator of the opposite gender, and how long you can establish that an equal pay claim should run for. An equal pay claim can be brought at any time while in a stable employment relationship or up to six months’ afterwards. Changing employment status, e.g. from temporary to permanent, or getting a promotion, may well start time running so you should seek advice promptly from your AMICUS representative if in doubt.
- AMICUS will be investigating equal pay claims once the job evaluation process is complete. If you consider that you potentially have such a claim once the process has been carried out, you should approach your local representative for further advice.
- On the issue of pay protection, it is of course never ideal when members have to suffer potential pay cuts. However, we do not believe that full equalisation up is a realistic goal in light of the University’s resources. Too long a period of pay protection is likely to entrench pay differences between men and women and we want to make sure that we avoid this if possible. On the other hand, we recognise that if a job has been historically overvalued, this is not the fault of the person in the job, who has adjusted their life to a certain level of income and so a decent period of pay protection was warranted.
- Our aim is to implement a system which supports equal pay, within our overall framework of doing the best that we can for all members and minimising where possible the undermining of previously negotiated terms and conditions.
THE NATIONAL FRAMEWORK AGREEMENT
The whole purpose of the Framework Agreement is to bring all staff groups into a single framework for pay and conditions of service and thereby eliminate inequitable practices. The Framework is not just about new pay rates. It is also about changing a number of working practices which could undermine the Framework’s objectives.
It is, therefore, proposed that the following conditions be harmonised for all staff :
- To implement the new grading structure and grade boundaries.
- All staff will be assimilated to the new grading structure on
- Any new appointee to Grade F or above should normally have a degree (n.b. that Grade F equates to the current PO(A) grade).
- Market supplements will continue, using the agreed revised Market Pay Policy.
- Overtime rates - part-time support staff on Grades A to E would receive a flat rate for up to 35 hours and time and a half for hours in excess of 35 (where time off in lieu is managerially not possible). Additional hours worked on Saturdays, Sundays and Bank Holidays, regardless of how many have been worked that week, will be treated as overtime and paid at time and half on Saturday, double time on Sunday and double time and a day off in lieu on Bank Holidays. A common denominator of 1/260th should be used for the calculation of an hourly rate. This denominator would be used for calculating overtime as well as e.g. deductions for unpaid leave or deductions for industrial action.
- Once all roles have been assigned to the new pay grading structure with effect from 1.8.06, we will implement a review procedure. If a manager or staff member believes that the staff member’s responsibilities and competencies have increased sufficiently to warrant the up-grading of his or her role, he or she may apply to a panel at any time during the year, on an ad hoc basis. HERA will be used to determine the appropriate Grade, subject to UEL’S budget as determined by our Board of Governors. An application for the regrading of a role will only be considered once during a 12 month period.
- All support staff have 25 days annual leave, rising to 30 days after 5 years continuous service at UEL. All staff has the same leave year from
- All staff would be paid on the last Thursday of each month with the exception of December, when it is paid on the 3rd Thursday of the month.
- All staff has the same sick pay scheme. (N.B support staff on the protracted sickness scheme will be protected, pending case law on issues of age discrimination.)
- All staff on Grade F and above is required to give a minimum of three months notice in writing. Staff on other grades will continue to be required to give one month’s notice. All staff on probation will be required to give
For some staff, the above is a great improvement on their current terms and conditions.
For support staff, however, there are two points which are a major change in our conditions, i.e. the change of pay date (from the middle to the end of the month) and the change of the date on which the incremental rise is paid. For anyone whose grade under the HERA process has been equated to their current grade, and who is not at the top of the grade, they will not receive an incremental rise in April 2007; they will have to wait until August 2007.
We have, however, negotiated a payment of £500 for support staff and two additional day’s holiday (applicable after 5 years service). This payment is for the acceptance of the package as a whole. This payment will be paid on the 15 May, and the new pay date (i.e. the last Thursday in the month) will apply from June.
This payment is to all staff who will not receive £500 through the HERA process. Therefore, if you have been “green-circled” and your back pay amounts to more than £500, you will not receive this additional payment.
One collective agreement can’t change everything that is unfair about our pay and conditions. However, we consider that in the circumstances, we have been able to strike a deal which is to the advantage of the majority of our members and starts to address equal pay issues. On this basis, we recommend it to you.
AMICUS NEGOTIATING TEAM
