ISLE OF WIGHT COUNCIL PAY STRUCTURE AND JOB EVALUATION RE-EVALUATION AND APPEALS AGAINST GRADING PROTOCOL

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1 APPENDIX B ISLE OF WIGHT COUNCIL PAY STRUCTURE AND JOB EVALUATION RE-EVALUATION AND APPEALS AGAINST GRADING PROTOCOL General: Whilst all posts within scope will be evaluated under the Council s job evaluation scheme, the grading of any job can be challenged if there are grounds to do so by the job holder either as a re-evaluation of the post and / or through an appeals procedure. The protocols for re-evaluation and appeal are set out in this document and on the flowchart which accompanies it. Re-evaluation rights: these apply where material changes to a post have happened since its last evaluation which may affect the grade. Appeal rights: these apply in one of two ways: (i) where postholders wish to challenge the outcome of a re-evaluation, or (ii) where no material changes to a post may have taken place but the postholder believes they have grounds to challenge their grade within the grounds for appeal set out later in this document. All re-evaluation requests and appeals must be submitted on the IWC appeals form with the necessary evidence attached including an up-to-date job description, person specification and job profile questionnaire. Where a number of staff occupy identical posts the job description, person specification and job profile questionnaire must be agreed between all staff. Without the full documentation, re-evaluations and appeals will not be considered. Both re-evaluation requests and appeals arising from the implementation date of the Pay Structure and Job Evaluation project must be lodged in writing within xx working days of the employee being formally notified of their job evaluation score and grade. Extensions to this limit will be considered only in exceptional circumstances, such as authorised absence making it demonstrably unreasonable to meet the timescale. JHM / 5C / Page 1 B - 16

2 Re-evaluation requests and appeals will be co-ordinated within HR. RE-EVALUATION due to change within job description If you think there has been a change to your job since it was last evaluated that might affect its grading, you have the right to submit a revised and accurate job description, person specification and job profile questionnaire for re-evaluation. These documents must be agreed as being factually correct with your line manager and signed off by your Head of Service before submitting them for evaluation. Composition All re-evaluation requests will be considered initially by the Job Evaluation Assessment Panel (JEAP) which will consist of Union representative and one HR representative. Neither will have been involved in the original evaluation. They: (a) may decide there is a clear and obvious case of a grading anomaly and this will be corrected without the need for further evaluation; or (b) may decide that it cannot identify a clear and obvious grading anomaly but believes there may a case, and so refer the matter to job analysts for formal re-evaluation; or (c) may decide there is clearly and obviously no case of grading anomaly despite the changes, in which case the re-evaluation request will be rejected. If your post is re-evaluated under (b) above, thereafter you have the right of appeal against the outcome of that re-evaluation. APPEAL AGAINST EVALUATION RESULT Job Evaluation Assessment Panel (JEAP) - Stage 1 Composition The Job Evaluation Assessment Panel (JEAP) will consist of one Union representative and one HR representative. Neither will have been involved in the original evaluation nor any reevaluation if this is an appeal against that. Appeals will firstly be considered by the Job Evaluation Assessment Panel (JEAP) to determine whether an appeal falls properly within the accepted grounds for appeal. JHM / 5C / Page 2 B - 17

3 There are certain grounds for appeal which the Job Evaluation Assessment Panel will automatically rule inadmissible and the appeal will be rejected. Inadmissible grounds for appeal include: seeking to restore previous differentials in pay with other jobs where there is no evidence submitted to show how the equivalent role has been graded higher and / or; dissatisfaction / disagreement with your pay level as a result of job evaluation; any grounds not directly related to job evaluation, for example personal performance. If the Job Evaluation Assessment Panel (JEAP): (a) decides there is a clear and obvious case of a grading anomaly, the case will be referred to the appeal panel; or (b) decides there is clearly and obviously no case of grading anomaly despite the changes, the appeal will not proceed. If the appeal is rejected at this stage, the employee will be informed accordingly and there is no further recourse under the appeals process. The decision of the Job Evaluation Assessment Panel (JEAP) will be final. Providing that the appeal falls within the accepted grounds, the JEAP will refer the case to the Appeal Panel. Appeal Panel - Stage 2 Composition The Appeal Panel will comprise of four trained Hay evaluators. Two of these will be Trade Union representatives. None of the four members of the Appeal Panel will have been involved in the original evaluation. The Appeal Panel will decide the appeal normally within xx working days of its submission to the JEAP. If this time period cannot be met, the employee will be notified and an explanation for the delay will be given in writing. The Appeal Panel may ask for additional information at any time during their consideration of the appeal in order to clarify any aspect of the post. The information provided must be JHM / 5C / Page 3 B - 18

4 agreed as being factually correct between the appellant, their line manager and signed off by the relevant Head of Service. The appeal will be considered on the basis of written submissions but the Appeal Panel will have the discretion to call the employee and their line manager for points of clarification or in special circumstances where collective posts are under consideration. The Appeal Panel can call upon Legal and HR Leads or Heads of Service for other advice and clarification as required. HR will liaise with employees whose appeals are to be considered under Stage 2 to ensure that all relevant documentation is provided to enable them to make their case in full. The line manager will also be asked to submit their comments on the content of the appeal. These comments will be provided to the employee who will then be required to provide their final submission. The Appeal Panel will fully evaluate the job using the Hay method, and it may arrive at one of four recommendations: 1. the appeal be upheld, with a new evaluation score that results in a change of grade; 2. the appeal be upheld, with a new evaluation score that lies within the boundaries of the same grade as the original score, and so does not result in a change of grade; 3. the original evaluation be reaffirmed; 4. the new evaluation score is lower than the original and this may result in a change of grade. In the event of the grade of the post either increasing or decreasing this will apply from the first of the month following the implementation date for initial appeals or from the date of lodging the appeal for later appeals, and will apply to all staff holding identical jobs to that which has been subject to appeal. Staff will not be entitled to pay protection if their contractual pay is reduced except where the pay protection provisions specific to the introduction of the pay and grading structure apply. Collective Appeals Employees occupying the same job and who have the same grounds for appeal may submit a collective appeal. The JEAP, in consultation with the Trade Unions, may determine that individual appeals may be considered as collective appeals. HR will notify identical post JHM / 5C / Page 4 B - 19

5 holders if this situation arises and post holders can add any comments / views to the appeal template form. The line managers of employees within a collective appeal will only have to submit one set of comments on the appeal form ensuring that they have commented on all grounds claimed. Individuals will have no right of appeal if they have previously been involved in or are affected by a collective appeal where they consider the outcome to be unsatisfactory. Withdrawal of Appeals The employee will have the right to withdraw their appeal under the JEAP stage prior to a decision being made. The appeal will stand once a decision has been made or once it progresses to the full appeal stage. Assimilation and Transition The protocols on Assimilation and Transition relate specifically to the introduction of the pay and grading structure and will apply if pay is improved at that time. Grounds for Appeal The following grounds for appeal are available whether or not a post has been re-evaluated. If an appeal is not submitted on one or more of these grounds, it will not be accepted as detailed above. Grounds A. You believe that your post fits into a different role profile. B. You believe that your job has been incorrectly evaluated. C. You believe that an equivalent job is graded higher than your post. Documentation to include with the appeal Supporting documentation clearly stating the relevant information and the specific reasons why you believe it to be incorrect. Revised job description, person specification and job profile questionnaire agreed with line manager and signed off by Head of Service. Clarification of where or how the job description, person specification and job profile questionnaire were not correctly assessed and how this has a material effect on the grading of the role. Supporting documentation clearly stating specific evidence of an equivalent role (not just a similar role) that has been graded higher. JHM / 5C / Page 5 B - 20

6 D. You believe that your post has an adverse work element. Supporting documentation clearly stating specific evidence as to why your post meets the adverse work element criteria. JHM / 5C / Page 6 B - 21