Part 2 – General Terms
1. Place of Work
Your normal place of work will be as specified in Part 1. The Council may require you to work at any other establishment or place of business, whether current or future, within a reasonable distance from your normal place of work, whether on a temporary or permanent basis according to the needs of the business. Where you are required to move on a permanent basis, the Council will give you reasonable prior notice of the move. Where you are required to move on a temporary basis, the Council will endeavour to give you reasonable prior notice of the move. Unless specified otherwise above, you are not required to work outside the UK during your employment.
2. Hours of Work
2.1 Full Time Employees
Your normal hours of work will be as set out in Part 1.
You may be required to attend meetings or do a reasonable amount of Council work outside normal hours. Overtime is payable only to employees whose basic salary is £26,293 or below where the overtime is authorised in advance. Employees whose basic salary is £26,294 or above may be granted time off in lieu of the overtime required to be worked.
The above excludes Social Workers and Education Welfare Officers who may be eligible to paid planned overtime.
2.2 Part-time Employees
Your normal hours of work will be as set out in Part 1.
Your normal hours per week and/or the days and times of your attendance at work may be varied from time to time within reasonable limits at the discretion of the Council in the interests of the service. Appropriate notice would be given to you of any such variations.
You may be required to attend meetings or do a reasonable amount of Council work outside normal hours. Additional hours worked, up to normal full-time hours (37 per week), will be paid at plain time rate. Overtime is payable at enhanced rates only after the normal full-time hours have been exceeded and subject to the same conditions as
applicable to full time employees as set out above.
2.3 Working pattern
Your working pattern will be agreed with your manager. You may be required to vary your working pattern with reasonable notice due to the operational requirements of the service and you are expected to be flexible to accommodate this.
3. Pay
You will be paid monthly in twelve equal payments by credit transfer to either your bank or building society account, details of which must be supplied on request. The Council shall be entitled to deduct from your pay any money you may owe to the Council at any time.Your commencing pay will be as stated in Part 1.
The locally determined pay scheme seeks to measure the achievement of objectives and tasks within target dates. It also measures individuals’ skills and abilities.The performance review year runs from 1 April to 31 March. Any increase in pay will be effective from 1 April.
The scheme comprises a salary range with bonus opportunity. Increases in pay are dependent upon the satisfactory achievement of defined objectives, skills, abilities and behaviours, through the appraisal process. The scheme is outside the national negotiating machinery, and therefore the nationally agreed annual pay award is not applicable.
Claims for mileage and allowances will be paid by credit transfer to the nominated payroll account. Bonus payments will be made on a one-off basis.
4. Previous Service
4.1 Conditions of Service
Previous continuous service can count towards entitlements to certain conditions of service benefits such as annual leave. Details can be found under the relevant sections below or in the documents referred to in Part 2 paragraph 7.
4.2 Redundancy
In the event of your post being made redundant, previous continuous service with an organisation covered by the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 (which covers local authorities and related bodies) will be included in calculating your entitlement to a redundancy payment.
4.3 Other Statutory Rights
Your period of continuous service with the Council for statutory rights, other than redundancy, begins from the date of commencement of your employment with the Council.
5. Holidays
5.1 Entitlement
Annual leave entitlement varies according to your Band and length of continuous service. Your holiday entitlement on commencement of employment will be the greater of the days specified in Part 1 or below. The following table shows
entitlements for full-time employees and includes the 2 extra-statutory days (previously shown as a separate entitlement):
| Band | Less than 5 years continuous Local Government Service Days | 5 or more years continuous Local Government Service Days |
| Bands 1 – 4 | 25 | 28 |
| Bands 5 – 9 | 26 | 29 |
You will be required to use one of these days if the Council shuts down your workplace during the Christmas period.
The annual leave period is from 1 April to 31 March.
Leave must be applied for in accordance with your Function’s / Service’s arrangements.
During your first year, leave entitlement accrues monthly, at the rate of 1/12th of your annual leave entitlement. The taking of annual leave may be restricted to the number of days you have accrued at the time you wish to take the leave.
In subsequent years your full leave entitlement is available to you from the beginning of the leave year.
If you leave part way through the leave year your entitlement to annual leave will be proportionate to your completed service during that leave year.
Where your place of work is subject to periods of closure, you will be required to take leave during these periods.
5.2 Bank and Public Holidays
In addition to above entitlement, full time employees are entitled to paid leave on each of the eight Bank/Public Holidays. See below for part-time entitlement.
5.3 Statutory leave entitlement
Your statutory entitlement under the UK Working Time Regulations of 5.6 weeks is included in your annual leave entitlement (5.1) and Bank and Public Holidays entitlement (5.2) shown above.
5.4 Part Time / Job Share / Temporary Employees
Entitlement to annual leave, Bank/Public Holidays and extra-statutory days is calculated on a pro rata basis according to the number of hours/weeks worked as a proportion of full time.
For occasional / ad hoc / unpredictable extra duty undertaken by part time employees, up to the normal full time hours (generally 37 hours per week) pro rata leave, based on the statutory annual leave entitlement, will be paid, as an additional hourly rate unless the Council has confirmed that alternative arrangements apply.
5.5 Holiday Pay
Unless otherwise stated in Part 1, you will receive your normal pay for contractual hours for annual leave, bank and public holidays and extra-statutory days. For employees in receipt of the flat rate percentage allowance for regularly working non-standard hours, ‘normal’ pay includes the allowance.
5.6 Accrued holiday pay
If at the termination of your employment you have any outstanding holiday entitlement, you will normally be required to take that leave during the period of notice given to or by you. In very exceptional cases, if on your last day of service
there is still annual leave due to you which management are satisfied that you have been unable to take, you will be paid in respect of those days, the calculation being based on your hourly rate of pay. In the case of termination on conduct/performance and ill health grounds, payment would be in respect of any outstanding entitlement to statutory leave under the UK Working Time Regulations.
If you leave to take up a post in another local authority you may be able to transfer your outstanding leave entitlement to that authority. If your new authority does not allow this, you will be expected to take any outstanding leave, as above.
If you leave the service and have taken more than your proportionate annual leave entitlement you will have your final salary payment adjusted accordingly.
6. Your Appointment
You will be employed by the Council in the post specified above or in such other post in the Council’s service appropriate to your grade, qualifications and experience, as reasonably may be required.
6.1 Emergency/Continuity Planning (Civil Contingencies Act 2004 Part 1)
In the event of an emergency or as part of the Council’s business continuity arrangements (for example, the outbreak of a ‘flu pandemic or a major fire at one of the key administrative establishments) you may be required to make reasonable
adjustments to your working arrangements in order to support the Council’s services and maintain business continuity.
As it may be necessary to contact you out of hours you are required to advise your line manager of your address and out of hours contact details and any changes to them. Information supplied will have limited access and will be used only for this purpose.
In addition, if you have responsibility for a service or a team, you must ensure that robust arrangements are in place to deliver critical services, including those contracted to a third party, to those affected (customers/clients/ communities in
receipt of council services) by any major emergency and/or Business Continuity incident.
7. Collective Terms and Conditions of Employment
During your employment with the Council your terms and conditions of employment will be in accordance with the following collective agreements / policies:
(i) the National Joint Council for Local Government Services, set out in the Scheme of Conditions of Service (commonly known as the Green Book)
(ii) the East of England Regional Council for Local Government Employees Regional Agreements
(iii) local collective agreements reached with trade unions recognised by the Council and
(iv) the policies of the Council
in each case, as adopted by or on behalf of the County Council. Appendix A provides further information.
8. Probation
If you are a new entrant to the employment of the Council, confirmation of your appointment will be subject to the satisfactory completion of a six month probationary period (unless your appointment arises from a statutory transfer).
During the probationary period you will be subject to the Council’s Probationary Procedure which requires you to establish your suitability for the post.
9. County Council Standing Orders and Employee Code of Conduct
The appointment is subject to the Council’s Standing Orders (including Financial Regulations and Delegations) and the Employee Code of Conduct. The Employee Code of Conduct defines the responsibilities and standards required from you during your employment.
10. Collective Bargaining
You have the right to join (or not to join) a trade union and to take part in its activities. Details of the specified trade unions on the appropriate negotiating body are available from the Director, Organisation Development and People, County Hall, Chelmsford.
11. Pension
The pension scheme applicable to your employment will be the Local Government Pension Scheme (LGPS).
If you are under 75, you will automatically be enrolled as a member of the LGPS. You are able to opt out of the LGPS at any time by completing an opt out form obtainable from your pension scheme administrator www.essexpensionfund.co.uk.
Under certain circumstances, where you cease to be a member of the LGPS because of some action by your employer or the Scheme Administrator or because you opt out, the statutory requirements of Automatic Enrolment apply and this may mean that you will be re-enrolled into the LGPS if you meet certain age and earnings criteria. You will be able to opt out of the LGPS again if and when this happens.More information about Automatic Enrolment can be found at
http://www.thepensionsregulator.gov.uk
The LGPS provides a comprehensive guaranteed benefits package, to which your employer also makes a substantial contribution. You can choose, as an alternative, a personal pension, stakeholder pension, or the State Second Pension but you should give very careful consideration to your pension position before making such a choice (under current legislation a personal pension or stakeholder pension can run concurrently with membership of the LGPS.)
The LGPS has extensive transfer arrangements embracing schemes in both the public and private sector and Pensions Services can investigate the possibility of any such transfer request on your behalf, if requested. Please note, you only have 12 months from joining the LGPS to opt to transfer your previous pension rights.
More information about the Local Government Pension Scheme can be found at
www.essexpensionfund.co.uk
Details of your contribution percentage will be shown on your pay advice.
12. Sickness Absence
If you are absent from work due to sickness you may be entitled to Statutory Sick Pay (SSP) and Occupational Sick Pay (OSP). You will be assessed for SSP and, if payable, this will be included within your OSP. Your entitlement to OSP is
governed by the NJC agreement referred to in Part 2 paragraph 7, except as amended by local collective agreement (see Note1 below).
1 For employees who regularly work non-standard hours, ‘full pay’ for sick pay purposes includes the flat rate allowance/special protected allowance during full sick pay only; the allowance ceases to be paid when sick pay reduces to the half pay rate.
The current provisions for OSP are:
| Up to 12 months’ continuous service with ECC | Statutory sick pay |
| More than 12 months’ and up to 2 years’ continuous ECC service | 1 month’s full pay and 1 month’s half pay |
| More than 2 years’ and up to 3 years’ continuous ECC service | 2 months’ full pay and 2 months’ half pay |
| More than 3 years’ and up to 4 years’ continuous ECC service | 3 months’ full pay and 3 months’ half pay |
| More than 4 years’ and up to 5 years’ continuous ECC service | 4 months’ full pay and 4 months’ half pay |
| More than 5 years’ service | 5 months’ full pay and 5 months’ half pay |
There are similar benefits if absence is due to ‘industrial injury’ at work.
Part time employees receive pro rata benefits.
Where sickness absence occurs, you must ensure that your immediate line manager is notified at the earliest opportunity of the absence and of when your illness commenced. For all periods of sickness resulting in absence from work you are required to complete a self certificate form (obtainable from your line manager). For absences beyond 7 calendar days you are required to obtain a doctor’s certificate.
Payment of sick pay is subject to employees’ compliance with the sickness absence procedure, reporting requirements and cooperation, if requested, in obtaining medical advice as to their fitness for work. Where there is medical evidence that an employee is no longer fit to fulfil the requirements of their job, even with reasonable adjustments, the Council reserves the right to terminate employment before the expiry of OSP.
Other detailed provisions are as set out in the NJC agreement and the Sickness Absence employee guide. Where any provisions of the NJC Agreement conflict with the local collective agreement, those of the local collective agreement take precedence.
13. Medical and X-ray Examinations
Employees may sometimes be required to undergo a medical examination and/or tests or X-ray examination either by way of health surveillance for particular work their job entails or because of their having been exposed to or suffered from a particular illness which in the opinion of the Council’s Occupational Health Practitioner makes such examinations necessary. On rare occasions employees may be required, on the advice of the Occupational Health Practitioner, to remain at home whilst a medical matter is resolved or investigated.
14. Grievance and Disciplinary Procedures
If you have a grievance relating to your employment you should discuss the matter initially with your line manager. Further steps are governed by the Council’s Grievance policy.
The disciplinary rules that are applicable to you are contained in the Council’s Disciplinary Procedure. You have the right to appeal any disciplinary decision under the Disciplinary Procedure.
The Grievance and Disciplinary policies and procedures are non-contractual and the Council reserves the right to make changes from time to time, following discussion with the appropriate trade unions.
15. Driving Licence / Vehicle Insurance
If the nature of your work requires you to drive, you must hold and maintain a full, valid driving licence enabling you to drive in this country. If you use your own vehicle for Council business it must be insured for business use.
16. Professional fees
Reimbursement of professional fees will be for one association membership only. Reimbursement is at the discretion of ECC in line with the policy; this policy may be varied or withdrawn by ECC.
17. Disclosure of Information
ECC’s Employee Code of Conduct defines the responsibilities and standards required during your employment and, in particular but without limitation, reinforces the expectation that you will at all times be aware of the importance of maintaining the confidentiality of information gained by you in the course of your duties, and comply with the Council’s policies in respect of access to, communication and confidentiality of information. It is a condition of this appointment that both during and after leaving the employment of the Council you may not divulge information of a confidential, sensitive or commercial nature gained during the course of your employment for any purposes and in particular purposes detrimental to the interests of the Council, its Members, employees or clients.
18. Notice to terminate employment
The Council may terminate your employment without notice on the grounds of gross
misconduct.
Probationary period
The notice to be given by you or to you before your appointment has been confirmed (i.e. during the probationary period) is one month.
Contractual notice
Your notice should be given in writing to your immediate line manager. Following successful completion of your probationary period, the contractual notice to be given by you or to you shall be the longer of statutory notice (see below) and the following:
Contractual notice
| Salary Band | Minimum period of notice |
| Band 1 to Band 4: | One month |
| Band 4 Social Worker or Occupational Therapist: | Two months |
| Band 5 to Band 6: | Two months |
| Band 7 to Band 9: | Three months |
Your entitlement to statutory notice from the Council is set out below.
You will be entitled to the longer of your contractual notice and your statutory notice
from the Council:
Statutory notice
| Period of continuous service with the Council | Minimum period of notice to be given by the Council |
| One month or more but less than two years: | One week |
| Two years or more but less than 12 years: | One week for each year of continuous service. |
| 12 years or more | 12 weeks |
Fixed term contracts only
If you are employed on a fixed term contract, your appointment is terminable by you or the Council on one month’s notice.
19. Property and equipment
You must return any ECC property or equipment when required and/or when you cease employment with ECC. ECC is authorised to deduct the cost of replacing missing or damaged items from your salary.
20. Contract of Employment
This Statement of Written Particulars constitutes your contract of employment with the Council.
Note for intranet: This Statement of Written Particulars sets out the terms and conditions of your employment as required by section 1 of the Employment Rights Act 1996. Part 1 sets out the Specific Terms and Part 2 sets out the General Terms. Both Parts should be read and applied together but, where there is any conflict between the two, the Part 1 Specific Terms will take precedence.
To see Part 1 of your Statement of Written Particulars, refer to your original contract letter or contact Business Operations to request a copy of your contract.
Notes
(i) Unless otherwise stated all the documents referred to in this Statement of Written Particulars can be obtained from your line manager, from the Council’s intranet or from the HR Advice and Support team.
(ii) Amendments to this Statement of Written Particulars or to the documents referred to within it will be notified to you as soon as possible.
Appendix A – Other Terms and Conditions of Employment
(i) The NJC agreement (see Part 2 paragraph 7 above) directly affecting other terms and conditions of your employment currently cover:
- Maternity leave and pay
- Reimbursement of expenditure (other than mileage)
(ii) Local agreements (made between the Council and appropriate recognised trade unions) affecting other terms and conditions of your employment currently cover:
- Collective Agreement for local implementation of the National Single Status
- Agreement
- Sickness entitlement
- Excess Travel
Local agreements (made between your service and appropriate trade union(s)) affecting other terms and conditions of your employment currently cover:
(None)
(iii) Principal Council policies affecting other terms and conditions of your employment available from your line manager, from the Council’s intranet or from the HR Advice and Support team.
Appendix B – Job Share
Hours of Work
The combined hours of the job share partners should not exceed the normal full time hours for the post (37 hours unless otherwise stated above).
The number of your normal hours per week and/or the days and times of your attendance at work may be varied from time to time within reasonable limits at the discretion of the Council in the interests of the service. Appropriate notice would be given to you of any such variations.
If your job share partner leaves, you may be given the option of working the job full time. If you choose not to work full time you must be flexible about your hours/pattern of work to assist the recruitment of another job share partner. If
following the normal recruitment procedures no suitable partner can be found and the post is required to be filled on a full time basis, it may be necessary to consider redeployment.
Overtime is payable at enhanced rates only after you exceed the normal full time hours.
Bands 1 – 9 Part 2 General Terms of Employment
This version: Issued June 2017, published July 2017