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non-contractual and entitlements may be varied or withdrawn by ECC with reasonable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.
Each calendar month, you shall receive one-twelfth of your annual base salary,
irrespective of the number of days in the month. This payment represents a full
month’s salary, covering up to and including the last day of the month, and shall be
disbursed by the 23rd of each month.
For employees commencing or terminating employment partway through a month, the
salary for that month shall be calculated on a pro-rata basis. This calculation involves
dividing the monthly base salary by the total number of calendar days in the month
and multiplying by the number of days employed. For instance, if employment
commences on the 10th of April, the salary for that month shall be 21/30 of the
monthly pay.
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.
3.1 Payments Owed
You should ensure that you regularly check your payslip. It is a condition of your
employment that you notify ECC immediately if you identify any overpayment or
underpayment of your salary.
Overpayments: If an overpayment occurs, ECC has the right to reclaim the overpaid
amount. This will be done by deducting the overpayment from your subsequent salary
payments. Before any deductions are made, ECC will discuss the method of recovery
with you to ensure that the repayment terms are agreed upon and to minimise any
financial hardship.
Underpayments: If you identify an underpayment, please notify ECC immediately so
that the issue can be rectified promptly. ECC will ensure that any underpaid amounts
are added to your next salary payment or addressed as soon as possible.
Regularly checking your payslip helps to ensure that any discrepancies are identified
and resolved quickly, maintaining the accuracy of your salary payments.
Any payment corrections will be subject to our payroll processing calendar.
3.2 Training Costs
From time to time, ECC may pay for you to attend training courses. In consideration of
this, you agree that if you fail to start employment with ECC or your employment
terminates after ECC has incurred liability for the cost of you doing so, you will be
liable to repay some or all of the fees, expenses and other costs (the “Costs”)
associated with such training courses in accordance with Clause X.2. For the
avoidance of doubt, this clause does not apply to training costs associated with an
apprenticeship scheme with ECC.
3.2.1 You shall repay ECC as follows, except in the circumstances set out in Clause
3.2.2:
(a) If you fail to start employment with ECC but ECC have already incurred liability
for the Costs, 100% of the Costs or the proportion of the Costs that we cannot recover
from the course provider shall be repaid;
(b) If you cease employment before you attend the training course but ECC have
already incurred liability for the Costs, 100% of the Costs or such proportion of the
Costs that ECC cannot recover from the course provider shall be repaid;
(c) If you cease employment during the training course or within 12 months of
completing the training course, 100% of the Costs shall be repaid;
(d) If you cease employment more than 12 months but no more than 18 months
after completion of the training course, 50% of the Costs shall be repaid;
(e) If you cease employment more than 18 months but no more than 24 months
after completion of the training course, 25% of the Costs shall be repaid.
Thereafter, no repayment shall be required.
3.2.2. You shall not be required to repay any of the Costs under this Clause X in
either of the following circumstances:
(a) we terminate your employment, except where:
i. ECC were entitled to and did terminate your employment summarily
ii. ECC terminated your employment pursuant to an application by you for
voluntary redundancy
or
(b) You terminate the appointment in response to a fundamental breach of contract
by ECC.
3.2.3. You agree to us deducting the sums under this clause from your final salary or
any outstanding payments due to you.
3.2.4. If, after we have made any deductions from your final salary or any payments
due to you or it has not been possible to make such deductions for any reason, the
Costs or any proportion of them have not been fully repaid by you in accordance with
this clause, you agree that you shall repay any outstanding Costs owed by you to us.
We may, in our discretion, agree a repayment schedule with you.
3.2.5. You agree that if we waive your obligation to repay the Costs under this clause,
you will be solely responsible for any income or other tax payable as a result of the
waiver and you shall indemnify us on a continuing basis in relation to any such tax.
3.3. Repayment after termination
If, after ECC has made any deductions from your final salary or any outstanding
payments due to you (or it has not been possible to make such deductions for any
reason), the overpayments or any portion of them have not been fully repaid by you in
accordance with this clause, you agree that you shall repay any outstanding
overpayments owed by you to ECC. ECC may, at its sole discretion, agree a
repayment schedule with you.
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 or 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. Details of ECC’s Code of Conduct
can be found in Appendix A.
8.1 Convictions, Cautions and Reprimands
If you are arrested, cautioned, charged or convicted for any alleged criminal offence
whilst employed by Essex County Council, you must immediately inform your line
manager, in writing, with the details. If you are required to drive as part of your role
you must immediately inform your line manager, in writing, of any motoring offences
that result in court actions or driving bans. The nature and severity of the offence and
outcome will be considered in light of your job role and professional standards
attached to that role. The Council may decide to take action under the relevant
process, and this includes where you fail to inform your line manager of the above.
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. For further details, please
refer to Appendix A.
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 procedures
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
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.
23, Policies
You shall familiarise yourself and comply with ECC’s rules, policies and procedures
(the “Policies”) a copy of such Policies are available from the ECC intranet page. The
Policies are non-contractual and do not form part of terms of this agreement. ECC
may amend, replace or withdraw these Policies at any time [following consultation with
the appropriate trade union]. To the extent that there is any conflict between the terms
of this agreement and the Policies, the terms of this agreement shall prevail.
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.
1. 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)
2. 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.
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