Document Title / Payment for Types of Working Arrangements
Version number / V1.4
Policy Owner / Strategic Manager – Business Relations
Groups consulted/informed of change / Informed UNISON and Unite
Date Approved / n/a
Approved by / n/a
Date published / 9 October 2015
Superseded Documents
Document History
Version / Date / Notes on Revisions
1.1 / January 2013 / Weekend working: enhancement for social care residential/supported living care provision.
1.2 / January 2015 / Weekend working: enhancement for social care residential/supported living care provision.
1.3 / 5 April 2015 / Payment for additional working hours for staff graded 5 – 8 (from the Collective Agreement)
1.4 / 9 October 2015 / Information on TOIL moved from Miscellaneous Leave policy
Payments for Types of Working Arrangements
Contents
Hours of Work
Commencing and Finishing Times
Additional Hours
Time Off in Lieu (TOIL)
Contractual Overtime
Planned Overtime
Overtime Payments
Work Over 37 Hours per Week Not Paid as Overtime
Weekend Working
Night Work
Public Holidays
Other Circumstances
Hours of Work
Normal hours of work (except where otherwise stated in individual contracts of employment) at all offices, depots or other premises for all employees will be 37 hours per week.
The working week of individual employees may vary from the standard of 37 hours provided that the individual's average over a pre-determined period does not exceed the standard working week over the same period.
Commencing and Finishing Times
Full time employees based at County Hall and outside offices who do not partake or are excluded by their Senior Leadership Team Manager from the Council's Flexitime Scheme shall have the following working arrangements:
- Monday to Thursday 08:30 to 17:00
- Friday 08:30 to 16:30
- With one hour each day for lunch
Senior Leadership Team Managers may vary starting/finishing times to meet individual circumstances.
Additional Hours
Somerset County Council and the recognised Trade Unions are jointly committed to the principle of ensuring that overtime is worked only when it is strictly necessary for operational reasons and ensure that all overtime is properly managed, controlled and authorised to avoid unnecessary expenditure.
All overtime must be authorised in advance by an employee's line manager.
In determining working arrangements to suit the needs of the service, line managers will take into account the circumstances of individuals and groups of individuals. Working time arrangements should avoid: (a) short notice changes to rostered or expected patterns of work (b) excessive hours in any particular week and (c) unnecessary long periods over which the weekly hours are arranged.
Officers at Grade 17 - 12 can be paid at overtime rates where applicable. Officers above Grade 12 are not entitled to overtime payments under normal circumstances.
Part time staff who work additional hours up to a maximum of 37 per week will accrue pro rata additional annual leave.
Time off in Lieu (TOIL)
This policy applies to employees who are:
- Required to work in excess of their weekly contractual hours
- Not on the flexitime
- Not entitled to payment for any overtime (grade 11 and above)
An employee working additional hours may apply to their manager to take compensatory time off in lieu (TOIL). An example would be attendance at a pre-planned evening meeting.
All TOIL must be authorised in advance by the employee’s manager. Employees should keep a record of the additional hours worked on their annual leave card and agree a mutually convenient time with their manager to take the TOIL.
The TOIL should normally be taken within 8 weeks. Where the employee has not claimed TOIL within the 8 week period, a maximum of 10 hours can be carried over to the next period. In normal circumstances, TOIL that is over this maximum will be cancelled at the end of the second 8 week period.
In exceptional circumstances, a manager may use discretion having regard to operational/business circumstances and permit the maximum allowance of 10 hours to be exceeded in conjunction with ensuring that action is being taken to reduce the TOIL to below the maximum level.
This policy should be managed in conjunction with the Council’s Flexitime Scheme and the Working Time Directive.
Contractual Overtime
Contractual overtime is specified in the Statement of Particulars;therefore an employee cannot refuse to undertake this contractual overtime as this would be a breach of theircontract of employment. As contractual overtime is a requirement this would constitute part of the normal salary.
Planned Overtime
In exceptional cases where planned overtime by Senior Managers would facilitate the work of the employing authority, the Council may authorise such overtime under proper control and for a specified period, and authorise payment (of an amount to be determined by the Council and related to the various factors involved) to employees above spinal column point 26 (Grade 12).
Planned overtime does not include overtime or extra work undertaken to meet immediate short-term requirements.
Overtime Payments
Employees who are required to work additional hours beyond 37 hours per week who are unable to take compensatory time off in lieu, are entitled to receive a 50% plusage on their normal hourly rate for the additional hours worked. This plusage is payable subject to the following conditions:
- extra time of less than a quarter of an hour on any day shall not count for overtime
- only complete quarter-hours shall be paid for
Work Over 37 Hours per Week Not Paid as Overtime
Authorised Managers must approve in advance the working of any hours additional to contracted hours. Alternatives should be explored if hours additional to contract hours become a regular operational need. Approved requests to pay for hours worked in excess of 37 hours per week may be made on an ongoing basis and will be paid in arrears as part of the normal monthly payroll run.
Staff Graded 12 - 17
Employeeson these grades who have worked hours in addition to the 37 hour basic week are entitled to claim overtime paid at time and a half under the formal overtime arrangements and should make a claim using PRF 7067 SS.
Alternatively, with prior approval of the authorised manager, the hours worked in addition to the 37 hours per week can be taken as lieu hours or, for those on the flexitime scheme, they can be accrued as flexitime.
In exceptional circumstances, where overtime is not claimed or, for operational reasons, accrued flexitime is lost or time off in lieu is not practical, an Authorised Manager may use discretion to approve a lump sum payment calculated as follows:
Extra hours worked over 37 hours per week x hourly rate x one and a half
Staff Graded 9 - 11
Staff at Grade 9 - 11 are not entitled to claim overtime payments and, in exceptional circumstances, may be awarded a lump sum in lieu of overtime pay. As a rule, the lump sum should be calculated as follows:
- Extra hours worked x hourly rate
However, the value of the payment should also take account of the extent to which working hours additional to contract have already been reflected in the grading of the post.
A request for payment under this category is at the discretion of the Authorised Manager and does not constitute an “over-time agreement”.
Staff Graded 5 – 8
The grade of the post recognises that there is a basic working week of 37 hours from Monday to Friday, although there is an expectation for occasional and reasonable working outside the basic working week commensurate with the seniority of the role and by prior agreement. This may include evening and weekend working, particularly with regards to providing cover in the event of an emergency.
Weekend Working
Weekend working as part of the normal working week will be paid at plain time.
For employees appointed or promoted following advert placed after 1st August 2013: Employees in Social Care Residential/Supported Living Care Provision who are rostered to work at weekends will receive a weekend enhancement of £1.53 per hour for each hour worked between midnight Friday and midnight Sunday. The enhancement will be claimed by the employee monthly via a timesheet.
For employees recruited before 31 July 2013 the following will apply unless notified otherwise: Employees in Social Care Residential/Supported Living Care Provision who are rostered to work at least 10% of their working week at weekends will be paid two additional increments to bring them in line with employees covered by the Howe Agreement.
Night Work
Employees in Social Services Residential/Supported Living who work at night as part of their normal working week are entitled to an enhancement of time and one-third for all hours worked between 22:00 and 07:00. This applies to staff rostered for working nights or day staff whose roster includes hours in that period. The same conditions apply to all other employees working between 20:00 and 06:00.
The night work enhancement is not payable to employees in receipt of other premium payments, for example, overtime or other shift working, or who are employed specifically to work at weekends.
Public Holidays
There are two rates of pay enhancement for working on a Public Holiday:
- 100% plusage for working on a Public Holiday occurring on Christmas Day, Boxing Day and New Years Day
- 50% plusage for working on all other Public Holidays
If an employee is required to work on a Public Holiday, they will receive the appropriate pay enhancement.
If an employee working on a Public Holiday is required to work additional hours on that day, outside their normal working hours, they will be paid either a 50% plusage or a 100% plusage, in complete recompense.
Where there is an entitlement to time off in lieu, the leave with pay shall be allowed as follows:
- when the time worked is less than 4 hours - half day off
- when the time worked is 4 hours or more - full day off
The time off in lieu will be pro-rata to the employee's normal working day.
Employees, who work part-time, whether or not they would normally work on days on which a Public Holiday falls, will have equal entitlement to Public Holidays applied on a pro-rata basis.
Where a Public Holiday falls on a normal working day and an employee is not required to work, they will receive their normal pay for that day but will not be entitled to time off in lieu.
Where a Public Holiday coincides with a rest day, the rest day shall be treated as a Public Holiday and in addition, a substitute rest day will be given.
Where an employee works on a rota system and their employment includes Public Holiday working, their Manager or Supervisor should endeavour, wherever possible, to ensure that Public Holidays covered by such employees are shared out equally.
Other Circumstances
The above categories will cover the vast majority of circumstances which justify the making of extra payments. In exceptional circumstances, where managers consider that an extra payment is justified, the payment must be authorised by a Senior Leadership Team Manager and the Director of HR and Organisational Development.
Managers should seek further advice from theHR Service on how to proceed in these circumstances.
Payments for Types of Working Arrangements v1.4, 23 April 2019