Part 2 – General Terms
1. Place of work
Your normal place of work will be as specified in Part 1 or such other place of employment in the service of ECC as may reasonably be required. Where you are required to move on a permanent basis, ECC will give you reasonable prior notice of the move. Where you are required to move on a temporary basis, ECC will endeavour to give you reasonable prior notice of the move. Unless specified above, you are not required to work outside the UK during your employment for more than one month at a time.
2. Working pattern
In line with ECC’s flexible working policy, you are expected to be flexible within reasonable limits regarding your normal pattern of work, where required by ECC. ECC will give you reasonable notice of any permanent change of working days, hours or pattern, and endeavour to give you reasonable notice of any temporary change of working hours or pattern. Your normal hours of work will be as set out in Part 1. Where additional planned hours may attract paid overtime, currently applicable to
Grades G – J only, the Essex Pay guidance will apply. Payment of any overtime is non-contractual and entitlements may be varied or withdrawn by ECC with reasonable notice. The Essex Pay guidance is reviewed annually.
3. Pay
Your pay will be as stated in Part 1.
You will be paid monthly in twelve equal payments by credit transfer to either a bank or building society account, details of which must be supplied on request. ECC will be entitled to deduct from your pay any money you may owe to ECC at any time.
ECC’s pay scheme is outside the national negotiating machinery, and therefore the nationally agreed annual pay award is not applicable. Your initial pay will be as stated in Part 1 and there is no contractual right to any pay increase. ECC’s pay policy statement (the Essex Pay guidance) is published on the internet and intranet and reviewed annually.
Pay rates will be reviewed annually in line with the Essex Pay guidance and the supporting social care pay guidance where applicable. Any increase in pay will be effective from 1 April.
4. Holiday and holiday pay
4.1 Allowance
The holiday year runs from 1 April to 31 March. Holiday must be agreed in advance with your manager.
Your holiday (annual leave) at the start of your employment with ECC is as shown in Part 1 in line with the allowances below. One full working day equates to 7.4 hours.
Holiday for full-time employees including the two Local Government extra statutory
days is:
| Main Grade / Social Care Grade | Less than 5 years continuous Local Government Service Hours | 5 of more years continuous Local Government Service Hours |
| Grade A | 229.4 (or 31 days) | 229.4 (or 31 days) |
| Grades B-F | 199.8 (or 27 days) | 222 (or 30 days) |
| Grades G – J | 192.4 (or 26 days) | 214.6 (or 29 days) |
You will be required to use one of these days if ECC shuts down your workplace during the Christmas period.
In addition you are entitled to paid holiday on each of the 8 bank/public holidays.
During your first year of employment with ECC, holiday allowance accrues monthly, at the rate of 1/12th of your annual leave allowance. The taking of holiday in your first year may be limited to the number of days you have accrued at the time you wish to take it. From the start of your second year of employment, your full annual holiday allowance is available to you.
4.2 Part-time employees
If you are employed in this role on less than full-time hours, your paid holiday allowance includes bank/public holidays and extra statutory days and is calculated pro rata. Your entitlement and how this is calculated is shown in Part 1.
4.3 Leaving and holiday
If you leave ECC part way through a holiday year, your allowance will be calculated as a proportion of the number of full months you have worked for ECC in that year. If you have any outstanding allowance, you will normally be required to take that holiday during your notice period. In very exceptional circumstances, if on your last day of service there is still holiday due to you that you have been unable to take, you will be paid in respect of that holiday, the calculation being based on your hourly rate of pay. If you have taken holiday which exceeds your proportionate allowance at the date your employment ends, ECC will be entitled to deduct the excess holiday pay from your final salary for each extra day of holiday taken.
5. Your appointment
5.1 Right to work in the UK
You are required to hold the right to work in the UK throughout your employment and you must inform your line manager immediately if you cease to be entitled to work in the UK.
5.2 Your role
You will be employed in the post specified in Part 1 or in such other post in ECC’s service appropriate to your grade, qualifications and experience as may be reasonably required. Your duties are as outlined in your initial job profile, which does not form part of this contract, and as may reasonably be required by ECC.
6. Previous service
6.1 Conditions of service
Previous continuous service can count towards entitlements to certain conditions of service benefits such as holiday. Details can be found under the relevant sections below or in the documents referred to in Appendix A.
6.2 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.
7. Probation
If you are a new entrant to employment with ECC, confirmation of your appointment will depend on 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 ECC’s Probationary Procedure which requires you to establish your suitability for the post.
8. ECC Standing Orders and Employee Code of Conduct
This appointment is subject to ECC’s Standing Orders (including Financial Regulations and Delegations) and the Employee Code of Conduct as adopted by ECC from time to time. The Employee Code of Conduct defines the responsibilities and standards required of you during your employment with ECC.
9. Trade Unions
You have the right to join or not to join a trade union and to take part in its activities. Details of the recognised trade unions on the appropriate negotiating body are available from the intranet or from the Director, Organisation Development and People, County Hall, Chelmsford.
10. Pension
The pension scheme applicable to your employment is 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 scheme if you meet certain age and earnings criteria. You will be able to opt out of the scheme as and when this happens. More information about Automatic Enrolment can be found at
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 or stakeholder 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.
11. Sickness Absence
If you cannot work because of sickness or injury, you must ensure that your immediate line manager is notified as soon as possible of when your illness began. For all sickness resulting in absence from work you are required to follow the ECC absence policy which includes timescales for providing self-certification and doctor’s certificates.
During sickness absence 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 Appendix A, except as amended by local collective agreement and ECC policy. OSP entitlement is calculated on a rolling 12 month basis in line with the terms in the NJC agreement. The NJC agreement contains details of this calculation.
The current provisions for SSP and OSP are shown in the tables below:
| Length of continuous service with ECC: | Sick pay entitlement: |
| Up to 12 months | Statutory sick pay only |
| More than 12 months and up to 2 years | 1 month’s full pay and 1 month’s half pay |
| More than 2 years and up to 3 years | 2 months’ full pay and 2 months’ half pay |
| More than 3 years and up to 4 years | 3 months’ full pay and 3 months’ half pay |
| More than 4 years and up to 5 years | 4 months’ full pay and 4 months’ half pay |
| More than 5 years | 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.
Payment of sick pay is subject to your compliance with the sickness absence procedure, reporting requirements and cooperation, if requested, in obtaining medical advice regarding your fitness for work. Where there is medical evidence that you are no longer fit to fulfil the requirements of your job, even with reasonable adjustments, ECC reserves the right to terminate your employment before the expiry of OSP.
If a period of absence due to incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, you must:
- Immediately notify ECC of that fact and of any claim, settlement or judgment made
or awarded in connection with it and all relevant particulars that ECC may
reasonably require; and - If required by ECC, co-operate in any related legal proceedings and refund to ECC
that part of any damages or compensation recovered by you relating to the loss of
earnings for the period of absence as ECC may reasonably determine, less any
costs borne by you in connection with the recovery of such damages or
compensation. We will not require you to refund more than the total amount paid
to you by ECC in respect of the period of absence.
Other detailed provisions are as set out in the respective NJC or JNC agreement and the ECC Sickness Absence guidance. Where any provisions of the NJC or JNC agreement conflict with the local collective agreement and ECC policy, those of the local collective agreement and ECC policy take precedence.
12. Medical examinations
If ECC requires it in connection with your work, you agree to undergo a medical examination and/or other medical tests by a medical practitioner nominated by ECC. On rare occasions employees may be required, on the advice of the nominated medical practitioner, to remain at home whilst a medical matter is resolved or investigated.
13. Disciplinary, dismissal and grievance procudures
The disciplinary procedures that apply to your employment are contained in ECC’s Disciplinary Policy. You have the right to appeal any disciplinary decision to a senior manager with delegated authority as set out in the Scheme of Delegations and in line with the disciplinary procedure on the ECC intranet.
If you have a grievance relating to your employment you should discuss the matter initially with your line manager. Formal grievances can be raised using the form in the ECC Grievance Policy on the intranet. The grievance and disciplinary policies and procedures are non-contractual and ECC reserves the right to make changes from time to time, following discussion with the appropriate trade unions. Dismissal procedures and right of appeal are laid out in the relevant policies on the intranet. Where additional procedures apply to statutory roles, dismissals will be conducted in line with ECC’s Constitution and relevant legislative requirements.
14. Driving Licence / Vehicle Insurance
If your work role 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 ECC business it must be insured for business use.
15. Professional Fees
Where appropriate, ECC may reimburse fees for one professional association membership only. Reimbursement is at the discretion of ECC in line with the policy on reimbursement of professional fees. This policy is non-contractual and may be varied or withdrawn at ECC’s discretion.
16. Disclosure of information
During and after your employment, in line with ECC’s Code of Conduct, you must 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 ECC’s policies in respect of access to, communication and confidentiality of information including ECC’s policy
on social media. You may not divulge information of a confidential, sensitive or commercial nature gained during the course of your employment for any purpose, and in particular purposes detrimental to the interests of ECC, its Members, employees or clients. You must ensure that you handle official information carefully and securely and in line with the law about personal data. You must not access information or disclose information to others inside or outside ECC unless you have authority to do so and you must comply with ECC’s policies relating to the security of and access to personal
data and other information.
17. Health and Safety
All employees are required to comply with their health and safety responsibilities stated in the ECC Health and Safety Policy and also with any local safe working practices. Managers must also carry out the relevant health and safety duties in regard to their services or teams, as specified in the above policy. Executive Directors, Directors and senior managers have specific duties with delegated responsibility for leadership and implementation of ECC’s Health and Safety Policy in their area and to ensure their area contributes to the corporate and local health and safety action plans as appropriate. Details are on the ECC intranet and available from line managers.
18. Business continuity, emergency planning and response
In the event of an emergency or as part of ECC’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 ECC services and maintain business continuity. 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 line with ECC policy and guidelines, senior managers and team managers 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 ECC services) by any major emergency and/or Business Continuity incident. ECC has Category 1 Responder responsibilities under the Civil Contingencies Act 2004 and other emergency related legislation, with delegated responsibilities to Executive Directors and nominated Directors/senior managers. During an emergency response, Executive Directors have strategic leadership responsibility and nominated Directors/senior managers have tactical responsibility. All senior managers may be required to participate in emergency planning exercises and training and in ECC’s response to an emergency and to participate in ECC’s Major Incident Call Down List and rota.
19. Property and equipment
You must return any ECC property or equipment when required and/or when you cease employment with ECC. By signing this contract you authorise ECC to deduct the cost of replacing missing or damaged items from your salary.
20. Notice to terminate employment
Your employment may be terminated at any time by prior notice in writing to you by ECC, or by you to your ECC line manager, as follows:
Probationary period
The notice to be given by you or to you before your appointment has been confirmed (i.e. during your probationary period where applicable) is one month.
Contractual and statutory notice
Following successful completion of your probationary period, the notice to be given by you to ECC or to you by ECC will be the contractual notice period stated below. Your notice must be given in writing to your immediate line manager.
Contractual notice
| Main Pay Grade | Minimum period of notice |
| A | Four months |
| B-D | Three months |
| E-F | Two months |
| G-J | One month |
| Social care grade | Minimum period of notice |
| C-D | Three months |
| E-G | Two months |
| H | One month |
There will, however, be some cases where the minimum period of notice of termination of your employment which ECC must give by law is longer than the above. In these situations the notice to be given to you by ECC will be the longer of (i) the contractual notice period which applies to you and (ii) the statutory notice period as shown below. This notice period includes your statutory notice, should your post be affected by redundancy.
Statutory notice
| Period of continuous service with ECC (see also section 6.2) | Minimum period of notice to be given by ECC |
| 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 |
ECC reserves the right to end your employment by making a payment in lieu of all or any part of your notice period. Payment in lieu of notice will be calculated on your base salary only. Any payment for untaken holiday will be made in line with section 4 above. There is no automatic entitlement to payment in lieu of notice and the decision to pay you in lieu of notice is entirely at ECC’s discretion. This provision applies whether notice to terminate the contract is given by you or by ECC unless you have been dismissed for reasons of gross misconduct, when ECC may terminate your employment without notice or pay in lieu of notice.
Fixed term contracts only
For employees on a fixed term contract the appointment is terminable by either side by
one calendar month’s notice, except where a longer period of statutory notice applies.
21. Restrictions on re-employment (applies only to senior roles at Grade D and Social Care Grade D and above unless otherwise stated in Part 1)
After your employment with ECC ends, you must not take up employment with, or provide services for reward to, any body within the geographic county limits of England within a period of six months from the termination of your employment without the consent of ECC, which will not unreasonably be withheld, if:
• during your last two years of employment with ECC, you have been directly involved in transactions with that body for which the offer of employment or provision of services could reasonably be regarded as a reward
and/or:
• which is likely to benefit from commercially sensitive information which is known to you by virtue of your past employment by ECC.
These provisions would not apply if the termination of employment arose as the result of redundancy or the externalisation of work and consequent transfer to a new employer.
You and ECC agree that the above restrictions are reasonable and are no more restrictive than is necessary. Each of the restrictions in this provision is intended to be separate and severable. If any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid and effective.
22. Contract of employment
This contract includes your Statement of Written Particulars as required by section 1 of the Employment Rights Act 1996. Part 1 of your contract sets out the specific terms of your employment and Part 2 with Appendix A 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.
Notes
(i) Unless otherwise stated all the documents referred to in this contract of employment can be obtained from your line manager or from the ECC intranet, or from the ODP Service Centre.
(ii) Amendments to this contract or to documents referred to will be notified to you as soon as possible.
Appendix A – Terms and Conditions of Employment
The terms and conditions of your employment with ECC are governed by your grade and role as set out below in paragraph one. In addition, the local agreements and policies shown in paragraphs two and three will also apply to you during your employment.
- The National Joint Council (NJC) agreement for Local Government Services set out in the Scheme of Conditions of Service (commonly known as the Green Book) governs your general terms and conditions of employment (except where separate local agreements and ECC policies apply). In particular the NJC agreement directly affects the following other terms and conditions of your employment:
• Maternity leave and pay
• Reimbursement of expenditure (other than mileage) - Local agreements (made between ECC and appropriate recognised trade unions and subsequently incorporated into ECC policy) affecting other terms and conditions of your employment currently cover:
• Sickness pay entitlement
• Excess travel
• Collective Agreement for local implementation of the National Single Status Agreement
No local agreements made between your service and appropriate trade unions affecting other terms and conditions of your employment currently apply. - Principal ECC policies affecting other terms and conditions of your employment available from your line manager, from ECC’s intranet or from the ODP Service Centre.
GrD_J_FINAL_14.2.20 published 25.2.20