1. AIM 2. IMPLEMENTATION
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1 PROTECTION OF EARNINGS POLICY 1 SUMMARY 2 RESPONSIBLE PERSON: 3 ACCOUNTABLE DIRECTOR: 4 APPLIES TO: Policy on the protection of earnings. Sarah Price - Chief Officer Sarah Price - Chief Officer All employees 5 GROUPS/ INDIVIDUALS WHO HAVE OVERSEEN THE DEVELOPMENT OF THIS POLICY: 6 GROUPS WHICH WERE CONSULTED AND HAVE GIVEN APPROVAL: Louise Butler, Keith Marshall HR Islington PCT/NCL Eleanor Davies-HR Business Partner HCCG Joint Partnership Group CCG Governing Body 7 EQUALITY IMPACT ANALYSIS COMPLETED: Policy Screened TBC Template completed TBC 8 RATIFYING COMMITTEE(S) & DATE OF FINAL APPROVAL: 9 VERSION: 10 AVAILABLE ON: NHS NCL Joint Partnership Group Officially adopted by Haringey CCG Governing Body 16 May Intranet YES Website YES 11 RELATED DOCUMENTS: 12 DISSEMINATED TO: 13 DATE OF IMPLEMENTATION: 14 DATE OF NEXT FORMAL REVIEW: All staff 1 st April st March
2 DOCUMENT CONTROL Date Version Action Amendments 1 st March Policy first implemented N/A 1 st April Policy amended Changes made to reflect new employing body-haringey CCG. 2
3 CONTENTS 1. Aim Implementation Eligibility Protection of Basic Pay Incremental Dates and Pay Points Protection of Additional Earnings Additional Travel Costs Salary Protection Arrangements Prior to Current Displacement Voluntary Changes in Employment Appeals
4 1. AIM 1.1 Haringey Clinical Commissioning Group (CCG) recognises its responsibilities as a good employer and tries to avoid redundancies wherever possible. Staff whose jobs are at risk are dealt with through the Staff Affected By Change Policy and redeployment of staff to suitable alternative employment is always the preferred option to avoid potential redundancy situations. In addition, the CCG may redeploy staff to suitable alternative employment as an alternative to dismissal as a result of ill health, in accordance with the CCG s Managing Attendance and Absence Policy and Procedure. The redeployment process can be helped if protection of earnings can be given which would render an 'unsuitable' job suitable. 1.2 The aim of this policy is to protect the salary of employees displaced from their current role by organisational change or ill health for a reasonable period in order to assist them in managing the financial implications, and to enable the organisation to retain their skills and experience in the new role. 1.3 The policy will apply to employees who have been redeployed in accordance with the Staff Affected by Change Policy or Managing Attendance and Absence Policy and Procedure to a role one Band lower than their current Agenda for Change Band. For the avoidance of doubt Bands 8a, 8b, 8c, and 8d are considered as four separate Bands. 2. IMPLEMENTATION Any member of staff that has commenced protection of earnings prior to 1 October 2006, will continue to receive the previously agreed entitlements. Those staff whose earnings are protected on or after 1October 2006 will be subject to this policy. 3. ELIGIBILITY 3.1 Protection arrangements will apply to Agenda for Change banded people in the CCG of whatever Agenda for Change Band, but exact entitlements will be subject to length of continuous service with the CCG. 3.2 Protection will aim to ensure that an individual's current basic pay or salary is protected for the set period of time on a mark time basis (i.e. their salary will stay the same) and not be reduced to the level appropriate to the Band of the new job. A member of staff receiving protection of their pervious salary under this policy will not be entitled to Cost of Living increases. 3.3 A number of pay points at the top of each Band overlap with those of the higher pay Band. Where an employee is on such a pay point on the higher Band, they shall move across to the new lower Band on the same pay point, thus avoiding the need to invoke the Protection of Earnings Policy. 3.4 All other terms and conditions of employment for the post into which an employee has been redeployed will be those applicable to the post. Reductions in hours and other changes in terms and conditions of employment will not be protected under this policy. 4
5 4. PROTECTION OF BASIC PAY The protection for employees basic pay (excluding enhancements, allowances, supplements, recruitment & retention premia and additional earnings), based on length of service, is as set out in the table below: Length of Service in the CCG Years of Protection Up to one year s service Nil Up to 2 years service 1 year Between 2 & 5 years service 2 years 5 years service & over 5 years 5. INCREMENTAL DATES AND PAY POINTS The employee concerned will be appointed to the new pay Band at the highest pay point applicable to the new Band. Therefore, no Knowledge and Skills (KSF) Gateways shall be applicable and the employee s incremental date becomes obsolete as they will have reached the maximum pay point for their Band. 6. PROTECTION OF ADDITIONAL EARNINGS Protection of additional earnings shall be in accordance with the following servicebased provisions: Length of Service in the CCG Months of Protection 4-12 months 2 months 1-2 years 4 months 2-3 years 6 months 3-4 years 8 months 4-5 years 10 months 5 years & over 12 months Additional earnings for the purposes of this policy are limited to the following: on-call payments unsocial hours enhancements High Cost Area Supplements. 7. ADDITIONAL TRAVEL COSTS Staff required to take up a post at another site will be entitled to any payments due for excess travelling expenses providing appropriate supporting documentation is provided. Protection will be for a period of four years after the change takes effect. 5
6 8. SALARY PROTECTION ARRANGEMENTS PRIOR TO CURRENT DISPLACEMENT In the event that an employee is already on salary protection at the point that they are redeployed for to another role at a lower Band, they will continue to receive the original salary protection until the date it was due to expire. At the expiry of the original salary protection, they may be eligible for a further period of pay protection in accordance with the provisions set out in this policy. The period of protection commences on the date of appointment to the new role on the lower pay band and therefore the length of protection must be off-set by the length of time the original salary protection continued following this appointment. For example, if an employee with over five years service was redeployed from Band 7 to Band 6 and their pay was protected for five years, but three years into that period of protection the individual was redeployed to a Band 5 post, they would continue to receive their existing Band 7 pay protection arrangements for the remaining two years and would then revert to the Band 6 pay protection for three years. 9. VOLUNTARY CHANGES IN EMPLOYMENT Pay protection ceases to apply where staff voluntarily take up a different job. 10. APPEALS Appeals arising out of the application of this agreement shall be dealt with under the CCG s Grievance Procedure at formal stage one initially. 6
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