PAY PROGRESSION POLICY - Doncaster CCG

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PAY PROGRESSION POLICY - Doncaster CCG
PAY PROGRESSION POLICY

Last Review Date         August 2019
Approving Body           Executive Committee
Date of Approval         19 February 2020
Date of Implementation   25 February 2020
Next Review Date         August 2022
Review Responsibility    Associate Director of HR &
                         Corporate Services
Version                  0.2

                                                      Page 1 of 17
REVISIONS/AMENDMENTS SINCE LAST VERSION

Date of Review Amendment Details
January 2018    Amended to reflect the current CCG structure, roles and
                 responsibilities
                Amended to reflect pay progression and the norm and deferral
                 by exception
August 2019     Amended to reflect changes to national Pay Progression
                 Processes in line with Agenda for Change Terms and
                 Conditions.

                                                                  Page 2 of 17
CONTENTS
                                                             Page

Section A – Policy

   1. Policy Statement, Aims & Objectives                       4

   2. Legislation & Guidance                                    4

   3. Scope                                                     4

   4. Accountabilities & Responsibilities                       5

   5. Dissemination, Training & Review                          6

Section B – Procedure

   1. Requesting Pay Progression                                8

   2. Pay Progression that falls within a prolonged period
      of agreed or recognised leave                             8

   3. Bands 8C, 8D and Band 9 Employees                         9

   4. Approving a Request for Pay Progression                   9

   5. Deferment of Pay Progression                              9

   6. Right to Review                                           9

Appendices

Appendix 1 – Application for Deferral of Pay Progression        13

Appendix 2 – Pay Progression Time Scale                         14

Appendix 3 – Application for Pay Progression                    15

Appendix 4 - Equality Impact Assessment                         16

                                                                     Page 3 of 17
SECTION A – POLICY

1. Policy Statement, Aims and Objectives

1.1.   NHS Doncaster CCG has a duty to ensure provision of high quality services
       and strives to be a high performing organisation which seeks continuous
       improvement to quality, safety and the patient experience. To achieve this
       maximising the contribution of each employee is key.

       A new pay progression system came in to place on 1st April 2019 for new
       starters and those promoted to a new role on or after 1st April 2019. Promotion
       means moving to a higher banded role. For existing staff in post up to 31st
       March 2019 the current CCG pay progression procedures will continue to
       apply until 31st March 2021 after which time they will also be subject to the
       new provisions.

       Nationally changes to NHS Terms and Conditions of Service NHS Terms and
       Conditions of Service were agreed by the NHS Staff Council in 2018 clarifying
       new arrangements for employees progressing through pay bands
       (incremental/Pay Step progression). This procedure applies to all Doncaster
       Clinical Commissioning Group (DCCG) employees employed under NHS
       Terms and Conditions of and describes the approach to be followed
       concerning pay progression.

1.2.   Pay progression should not be seen as an automatic right by employees but
       rather is something to be earned and is a reward that is dependent on
       satisfactory performance, conduct and demonstration of meeting all statutory
       and mandatory training requirements relevant to their role.

       The CCG has a duty to provide high quality services to our stakeholders and
       partners and strives to be a high performing organisation that continuously
       improves quality, safety and the patient experience. It is a key part of the
       CCG strategy to achieve its goals through maximising the contribution of each
       employee.

       In support of this aim, and in accordance with NHS Terms and Conditions of
       Service, this policy sets out the basis upon which an individual’s performance
       drives pay progression. It is expected that employees who can demonstrate
       the required level of performance and conduct, who have met their objectives
       and are compliant as regards their statutory, mandatory training will progress
       annually through the increments/Pay Step Points in their salary band.

       For existing employees in pay bands 8C, 8D and 9, pay progression into the
       last two points in the pay band are earned on an annual basis. There is also
       the scope within the nationally agreed changes to remove earned increments
       in the last two points of the pay band. From 1st April 2019 for new and

                                                                         Page 4 of 17
promoted staff in Pay Bands 8c, 8d and 9 up to 10 per cent of basic salary will
       become re-earnable subject to performance

1.3.   The development of this policy:

          Ensures a robust procedure and approach to pay progression is applied
          Sets out the responsibilities for line managers and employees in relation to
           managing pay progression
          Satisfies legislative requirements.

2. Legislation and Guidance

2.1.   The following legislation and guidance has been taken into consideration in
       the development of this procedural document.

          NHS Terms and Conditions of Service

3. Scope

3.1.   This policy applies to those members of staff national NHS Pay and Terms
       and Conditions of Service that are directly employed by NHS Doncaster CCG
       and for whom NHS Doncaster CCG has legal responsibility (including those
       on permanent and temporary contracts). Secondees from NHS organisations
       will be subject to the policy of their employing organisation

.      The CCG will ascertain a fair and consistent approach to applying the Pay
       Progression Policy and will give due consideration to employee’s bespoke
       circumstances when considering a request for pay progression.

       Line managers for the purpose of the policy are defined as the senior person
       responsible for the employee’s management, performance and appraisal.

4. Accountabilities and Responsibilities

4.1.   Overall accountability for ensuring that there are systems and processes to
       effectively manage pay progression lies with the Chief Officer. Responsibility
       is delegated to the following:

                            Has delegated responsibility for:
                             Maintaining an overview of the corporate ratification
          Associate
                              and governance process associated with the policy
       Director of HR &
                             Ensuring relevant training and development is
          Corporate
                              provided via the Learning and Development Team
           Services
                             Leading the development, implementation and review
                              of this policy

                                                                          Page 5 of 17
   Advising managers and employees on the application
                      of this policy

                  Have delegated responsibility for:
                   Ensuring they discuss with the employee their
                    incremental date and schedule the performance
                    development review (PDR) to meet required
                    timescales
                   Completion of the pay progression form and its
                    submission to Human Resources at the beginning of
                    the month prior to the incremental date to approve
                    pay progression
                   Ensuring deferment of pay progression is fully
                    discussed with the employee
  Appointing       Objectively completing a PDR in accordance with the
   Officers         PDR policy
                   Invoking the Managing Performance Policy where
                    performance falls below the accepted levels in an
                    appropriate and timely manner ensuring support is
                    given to the employee to enable them to address the
                    concerns
                   Ensuring employees are able to undertake mandatory
                    and statutory training
                   Ensuring they encourage and support employees to
                    achieve the criteria for pay progression
                   Informing the employee of their right to review

                  Have the delegated responsibility for:
                   Initiating the process by the completion and
                    submission of the pay progression proforma to their
                    line manager within the specified timescale
                   Actively participating in the PDR process
                   Informing their line manager of any organisational
                    constraints that are preventing them from achieving
                    their objectives
   All Staff
                   Demonstrating that they have achieved a satisfactory
                    level of performance, conduct and achievement of
                    objectives
                   Ensuring they are fully compliant with mandatory and
                    statutory training requirements
                   Ensuring they are aware of their pay step date

                  Are responsible for:
  Staff Side       Ensuring they are familiar with and understand the
Representatives      policy and procedure
                   Advising and representing employees who are

                                                             Page 6 of 17
members of a recognised Trade Union
                                Provide guidance and support to staff members.

                             Are responsible for:
                              Processing pay progression requests & deferrals in
         Pay Services           the specified time scales.

5. Dissemination, Training and Review

5.1.   Dissemination

       5.1.1. The effective implementation of this policy will support openness and
            transparency. NHS Doncaster CCG will:

            Ensure all staff and stakeholders have access to a copy of this policy
             via the organisation’s website.
            Communicate to staff any relevant action to be taken in respect of pay
             progression.
            Ensure that relevant training programmes raise and sustain awareness
             of the management of pay progression.

       5.1.2. This procedural document is located on the CCG website. A set of
            hard copy policies are held by the Governance Team for business
            continuity purposes and all procedural documents are available via the
            organisation’s website. Staff are notified by email of new or updated
            policies.

5.2.   Training

       5.2.1. All staff will be offered relevant training commensurate with their duties
              and responsibilities. Staff requiring support should speak to their line
              manager in the first instance. Support may also be obtained through
              their HR Department. This policy should be read in conjunction with:

              Managing Performance Policy
              Performance Development Review Policy
              Disciplinary Policy
              Induction, Mandatory and Statutory Training Policy
              Sickness Absence Policy

                                                                           Page 7 of 17
5.3.    Review

       5.3.1. As part of its development, this procedural document and its impact on
              staff, patients and the public has been reviewed in line with NHS
              Doncaster CCG’s Equality Duties. The purpose of the assessment is to
              identify and if possible remove any disproportionate adverse impact on
              employees, patients and the public on the grounds of the protected
              characteristics under the Equality Act.

       5.3.2. The procedural document will be reviewed every three years, and in
              accordance with the following on an as and when required basis:

                Legislatives changes
                Good practice guidelines
                Case Law
                Significant incidents reported
                New vulnerabilities identified
                Changes to organisational infrastructure
                Changes in practice

        5.3.3. Policy management will be performance monitored to ensure that
             procedural documents are in-date and relevant to the core business of
             the CCG. The results will be published in the regular Governance
             Reports.

                                                                        Page 8 of 17
SECTION B – PROCEDURE

1. Arrangements for Pay Progression

1.1   A new pay progression system came into place on 1st April 2019 for new
      starters and those promoted to a new role on or after 1st April 2019.
      Promotion means moving to a higher banded role. For existing staff in
      post up to 31st March 2019 the current CCG pay progression procedures
      will continue to apply until 31st March 2021 after which time they will
      also be subject to the new provisions.

      More information about the national NHS pay progression arrangements
      is available on the NHS Employers website at
      https://www.nhsemployers.org/your-workforce/2018-contract-
      refresh/pay-progression

      Pay progression is the joint responsibility of the employee and the line
      manager. The employee’s incremental/pay step date should be discussed
      during one to one meetings in order for the employee and the line manager to
      agree the appropriate scheduling of the PDR. Employees will not be routinely
      informed of their incremental date and are responsible for ascertaining the
      date themselves. The incremental date can be found on pay slips. Should
      there be any doubt as to the accuracy of the incremental date advice should
      be sought from Human Resources. As incremental/pay step progression may
      occur at any time during the year assessment may be different to the
      appraisal date.

      The process for incremental/pay step progression will need to be initiated at
      least two months prior to the incremental date. A form to record the pay
      progression discussion will be completed (Appendix 1). This timescale is to
      ensure that the line manager has the opportunity to review the employee
      against the criteria below and, should the increment/pay step be withheld, that
      Payroll can prevent the pay progression. For example, for an incremental
      date of 16th December assessment will be initiated by the 16th October.

      It is the joint responsibility of the manager and the employee to ensure the
      pay progression discussion takes place in the specified timescale. The
      HR/ESR service will provide information to managers about the
      incremental/pay step dates of staff. Also, employees can find their
      incremental/pay step date on their pay slip.

      Pay progression is conditional based on the following which may or may not
      impact upon deferment:

         The employee can demonstrate that they have achieved the required level
          of performance in terms of achievement of objectives and required levels
          of conduct, values and behaviours as detailed in the Talent Management
          & Performance Review Policy.
         The employee is fully compliant with mandatory and statutory training
          requirements.

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   No disciplinary sanctions have been imposed on the employee in the
          previous 12 months.
         The employee is not on a formal stage of the Managing Performance
          Policy.

   If the employee fails to meet the pay progression criteria as a consequence of
   organisational constraints beyond their control this must be evidenced in writing.
   This information will be taken into account by the line manager when making a
   decision about pay progression and this will be recorded on the Pay Progression
   form (Appendix 1).

2. Pay progression that falls within a prolonged period of agreed or
   recognised leave

   For employees whose incremental date falls within a period of long term
   sickness, maternity, paternity or adoption leave, or during a secondment, the line
   manager would consider the 12 month period prior to the commencement of the
   current episode of leave to make a decision on pay progression.

   In accordance with the Flexible Working Policy the increment of any employees
   during a career break would be frozen until they return to work. If the incremental
   /pay step date is imminent on their return to work they should progress to the
   next pay point under the same principles set out in 2.1. However, it is
   recommended that a review takes place to ensure that their statutory and
   mandatory training is up-to-date and recorded as compliant.

3. Band 8C, 8D and Band 9 Employees

   For existing staff the process described above will apply for employees on pay
   bands 8C, 8D and Band 9 until they reach the final two pay points of the pay
   band.

   Progression through the last two pay points will be annually earned in the same
   way. However failure to meet the accepted criteria set out in paragraph 2.1 may
   result in losing an earned increment/pay step. There is no automatic retention of
   increment/pay steps on the last two points of the pay band, i.e. for staff in bands
   8C, 8D and 9, pay progression into the last two points in the band are annually
   earned, and only retained where the appropriate local level of performance is
   reached in a given year.

   From 1st April 2019 for new and promoted staff in Pay Bands 8c, 8d and 9 up to
   10 per cent of basic salary will become re-earnable in the penultimate and final
   pay points subject to performance as described above. This will become a
   requirement for all staff in bands 8C, 8D, and 9 from 1st April 2021

                                                                        Page 10 of 17
Employees on VSM contracts

   The performance of employees on VSM contracts will be assessed in the same
   way as employees on Agenda for Change NHS Terms and Conditions of Service
   terms and conditions as outlined in this policy. Pay awards for VSM employees
   will be subject to approval at the CCGs Remuneration Committee

4. Approving a Request for Pay Progression

   Pay progression will be conditional upon individuals demonstrating that they
   have achieved the requisite criteria. The line manager will review the employees
   performance against the criteria for pay progression in conjunction with Section
   A & B of the PDR Proforma (Appendix 3).
   The line manager will need to assure themselves that the employee has not
   been issued with a disciplinary warning in that rolling 12 month period at the time
   of the application date and/or have an extant disciplinary warning and is not
   being managed at a formal stage of the Performance Management policy. If a
   disciplinary sanction is issued to an employee between the initiation of the pay
   progression process and their increment/pay step date the line manager will
   decline the request and use the increment/pay step arrangements to confirm that
   progression is being deferred.

   If the employee has not actively participated in an appraisal, has failed to meet
   the agreed objectives or is not compliant with statutory and mandatory training
   applicable to their role, pay progression will not be approved. However, if the
   employee has failed to meet the criteria due to valid organisational constraints
   beyond their control pay progression will be approved.

   If the employee has met the criteria for pay progression their increment/pay step
   will be approved.

   When approving a request the line manager must complete the form to confirm
   that they have made the employee aware of the pay progression. If pay
   progression is withheld, it is imperative that the line manager notifies Payroll via
   email at the beginning of the month prior to the increment/pay step date to
   ensure that the timescale is met to prevent the increase for the specified date.

   For example, for an increment/pay step date due on 16th December, the line
   manager would notify Payroll to prevent the increment/pay step by the 1st
   November.

5. Deferment of Pay Progression

   At the increment /pay step date, any employee remaining non-compliant in any
   of the areas identified in section 1 or who fails to engage in the process
   described above will not receive their pay progression.

   Pay progression will subsequently be deferred for 12 months until the next
   increment/pay step date. For example, if an employee’s increment/pay step date
   is 4th October 2019, pay progression will not be considered until 4th October

                                                                         Page 11 of 17
2020. If at this stage the employees request for pay progression is approved, it
   will be paid from that date, no retrospective payments would be due for the
   previous 12 months.

   The decision to defer pay progression must have been discussed with the
   employee prior to any deferment being instigated. The line manager will
   complete the form to record that increment/pay step pay progression has been
   deferred for 12 months (Appendix 1)

   Any individual for whom a pay progression has been deferred must be offered
   the appropriate support, in plenty of time, in order that they have the fairest
   opportunity to meet the performance requirements in future.

   Any decision to prevent pay progression must be brought to the attention of the
   Associate Director of HR & Corporate Services prior to the decision being
   confirmed and the increment/ pay step being withheld

6. Right to Review

   Where an employee disagrees with the decision to defer pay progression they
   have a right to request a review of this decision. The review must be requested
   in writing to their line manager within 7 calendar days of the notification of the
   original decision. The employee must clearly set out grounds upon which they
   are requesting the review.

   The review will be undertaken by a Senior Manager and a Human Resources
   Representative (the Review Panel). The employee has the right to be
   accompanied to the review by a work colleague or trade union representative.
   The employee’s line manager will also be in attendance to provide their rationale
   for the decision taken.

   The Review Panel will decide on the basis of the evidence provided by both the
   employee and the line manager whether pay progression is approved or remains
   deferred. Where a Review Panel considers that pay progression has been
   inappropriately deferred the pay progression will be reinstated from the
   increment/pay step date and retrospective payments made from that date.

   The employee will be informed of the outcome of their review in writing within 7
   calendar days of the date of the meeting. This is the final decision and there will
   be no further course of redress.

                                                                        Page 12 of 17
Appendix 1 - APPLICATION FOR DEFERRAL OF PAY PROGRESSION

Name:

Job Title:

Band:

Incremental Date:

Reason for Deferral of Pay Progression                                                                            Tick as applicable

The employee is not compliant with all mandatory and statutory training

The employee has not achieved the required level of performance for core behaviours and progress
with objectives.

The employee has a current formal disciplinary warnings.

The employee is subject to formal performance management.

Please note any mitigation:

Signed (Line Manager ): ………………………………………………………..                                    Date: …………………………………………………………………………………

By signing this form I confirm that the employee has been made aware of the outcome of the review, and where appropriate they have been made aware of
their right to review. If the decision is to decline the payment of the increment I confirm that I have informed Human Resources of that decision in sufficient
time for the pay increment to be withheld.

Signed: …………………………………………………………………..                                        Date: …………………………………………………………………………………………

                                                                                                                                                Page 13 of 17
Appendix 2 - PAY PROGRESSION TIMESCALES

     Increment/Pay Step Date    Increment/ Pay Step Decision    PDR to take place

              April                     End January            December/January

              May                      End February             January/February

              June                      End March                February/March

              July                       End April                March/April

             August                      End May                   April/May

           September                     End June                  May/June

            October                      End July                  June/July

           November                     End August                July/August

           December                   End September            August/September

            January                     End October            September/October

            February                  End November             October/November

             March                     End December            November/December

                                                                                  Page 14 of 17
Appendix 3 – APPLICATION FOR PAY PROGRESSION

Section 9: Application for pay progression (complete Parts A & B)

Part A – Employee Declaration

I confirm that:                                                                                            Yes/No?

All mandatory and statutory training is up to date and recorded as compliant.

I have achieved the required level of performance for core behaviours and progress with objectives.

I have no current formal disciplinary warnings.

I am not subject to formal performance management.

Please note any mitigation:

Signed (Employee):                                                                         Date:

Part B - Line Manager Declaration

                                                                                                         Yes/No?
I confirm that:
                                                                                                        Comments?
The employee has met the pay progression criteria and should progress to the next increment.

The employee has failed to meet the required criteria for pay progression but there are
organisational constraints beyond their control that have prevented the achievement of this
and will therefore progress to the next increment. Please detail the reasons for this.
The employee is currently on maternity/adoption leave or a secondment or on long term
sickness absence and has been assessed on their performance over the 12 months prior to
their current period of leave and will progress to the next increment. Please detail the reason
for absence.
The employee has failed to meet the criteria for pay progression and there are no valid
organisational constraints that have prevented this and therefore pay progression is declined.
Pay Bands 8c, 8d and 9 on the final two points of the pay band only:
The request for pay progression has been declined and the employee’s pay will reduce to the
previous pay point.

By signing this form I confirm that the employee has been made aware of the outcome of the review, and where
appropriate they have been made aware of their right to review. If the decision is to decline the payment of the
increment I confirm that I have informed Human Resources of that decision in sufficient time for the pay increment
to be withheld.

Signed (Line Manager):                                                                      Date:

                                                                                                  Page 15 of 17
Appendix B – Equality Impact Assessment

Subject of
equality          Pay Progression Policy
analysis

                                                               Tick
                  Policy                                       √

                  Strategy

Type              Business case

                  Commissioning service redesign

                  Contract / Procurement

                  Event / consultation
                  Name:            Lisa Devanney
Owner
                  Job Title:       Associate Director of HR & Corporate Services
Date              November 2019
Assessment
Summary           Give a brief summary of the area you are assessing:

                  Update and review of the CCG Pay Progression Policy in line national
                  legislation & Agenda for Change Pay Award and Terms and Conditions. EIA
                  reviewed simultaneously to assess the impact of the amendments and identify
                  potential action required

                                                               Tick

                  Staff                                        √

                  General public
Stakeholders
                  Service users

                  Partners

                  Providers

                  Other

                  What data is available to you to support your analysis?
                  Has there been any consultation to inform your analysis?

Data collection   Policy has been written in line with national NHS Policy which was updated to
and               include financial abuse. These have been agreed following review and
consultation      consultation at NHSE/NHSLA.

                  The policy has been consulted on locally and reviewed at the CCG Joint
                  Consultative Committee which is attended by Union Representatives.

                                                                               Page 16 of 17
Negative: What are the risks?
Protected
                        Positive     Neutral        Negative       Positive: What are the
characteristic
                                                                   benefits / opportunities?

Age                                  X

Disability                           X

Gender                               X

Race                                 X

Religion & Belief                    X

Sexual Orientation                   X

Gender
                                     X
reassignment

Pregnancy &
                                     X
Maternity

Marriage & Civil
                                     X
Partnership
Social Inclusion /
Community                            X
Cohesion

Conclusion &              The policy is applicable to all employees and adheres to NHSLA
Recommendations           Standards, statutory requirements and best practice and makes all
including any             reasonable provision to ensure equity of process for all employees
resulting action plan     therefore the impact is considered neutral in that no individual from any
                          protected characteristic gains a positive or suffers a negative impact on
                          the basis of that characteristic.

Review date               August 2022

   Please return the Equality Analysis Form to the Corporate Governance Manager:
   donccg.governance@nhs.net

                                                                                 Page 17 of 17
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