UNIVERSITY OF LEEDS
PROTECTION OF PAY AND CONDITIONS OF SERVICE POLICY
It is important that clear arrangements are in place which set out the protection arrangements that will be available to staff where their pay or conditions of service are altered by changes in organisational structures or services.
This policy applies to any member of staff who, as a consequence of organisational change, is required to move to a new post or suffers a reduction in basic wage or salary, or basic hours worked within the standard working week. The policy provides for:-
working week are reduced.
The meanings of terms used in this policy are listed below:
Organisational Change - means any organisational, structural, managerial or service provision change in the University of Leeds.
Basic Wage or Salary - means the basic wage or salary that is the monthly sum due in respect of basic hours worked by the individual concerned within the standard working week for that category of staff plus any responsibility allowances (unless specified otherwise in the contract of employment)
Downgrading - occurs when the existing or new post carries an hourly rate, or a salary scale with a maximum point lower that that applying to the post previously held.
Standard Working Week – means the full time weekly hours for that category of staff.
For those staff with no standard full time weekly hours a notional 37.5 hours will be used.
Reckonable service - is total University of Leeds service (aggregated if discontinuous) but excluding any service which has been the subject of a redundancy payment or a terminal payment.
Protectable earnings - are basic wage or salary (as previously defined)
New Post – means a post that is a different one to that already held by the member of staff
Earnings in the new post - means the sum of the basic wage or salary in the new post.
Mark-time – means without benefit of increments or pay awards, until such time as the rate of pay for the post meets or exceeds the protected earnings.
Any member of staff to whom this policy applies is entitled to have certain earnings in the former post where they were a regular requirement of the job, protected in accordance with the following table:
a) Reckonable Service Protection Period
4 – 12 Months 2
1 – 2 years 4
2 – 3 years 6
3 – 4 years 8
4 – 5 years 10
5+ years 12
b) Payments eligible for protection:
Night Duty rates
Rotating Shift Allowance
Stand-by/Emergency call-out rates
Alternating Shift Allowance
c) The calculation for the protection of short-term earnings will be based on the weekly or monthly average over the four months immediately preceding the first day in the new post, excluding periods of half or no pay due to sickness or maternity absences.
d) Earnings in the new post will be offset against protectable short and long-term earnings. If in any particular pay period the total earnings in the new post exceed the protectable short and long-term earnings, the protection of earnings is extinguished, e.g. due to overtime payments etc. Earnings in the new post are paid in full for that period.
e) The short-term protection of earnings is subject to the following conditions,
- the member of staff undertaking, where applicable, any reasonable overtime, shift work or other additional duties (e.g. stand-by/on-call) which may be required, up to the level at which the earnings in the new post equal the protected earnings; and
- the member of staff accepting any subsequent offer of another suitable post in the University of Leeds, which attracts a basic wage/salary in excess of the basic wage/salary applying to the new post.
Where the member of staff does not comply with these conditions then the protection arrangements will cease with immediate effect.
A member of staff to whom this policy applies, who is moved from one post to another and is downgraded as a result of the move or, whose existing post is downgraded due to organisational, structural, managerial or service changes, is entitled to full protection of basic wage/salary, with the benefit of any subsequent improvements or increments applying to their old wage grade/scale, until –
If the protection period expires before any of the events in paragraph 4 (b), (c), (d), (e), or (f) above occur, then the protection will continue on a mark-time basis until either:
a) the member of staff is appointed to another post within the University of Leeds in
which the normal basic wage/salary is equal to or exceeds the current mark time
protected basic wage/salary; or
University of Leeds with a basic wage/salary which is lower than that of the
existing post; or
Where a member of staff’s basic hours worked within the standard working week, are reduced due to organisational, structural, managerial, service provision changes, or Working Time Directive they will be entitled to long-term protection as follows:
The protection will continue until either:
Until either b), c), d), or e) in paragraph 4 applies
7. Additional Earnings
Any additional earnings derived from work in the new post will be remunerated at the rate appropriate to the new post, e.g. overtime.
hours of the new post.
c) Annual leave allowances will be protected with any subsequent improvements while
basic pay is fully protected and thereafter on a mark-time basis.
Staff with an entitlement to long-term protection may at any time opt for the complete package of remuneration and conditions of service applicable to the new (or any subsequent) post. This option, once exercised. cannot be cancelled.
Each subsequent change of post due to organisational, structural, managerial or service provision change within the University of Leeds will attract protection in its own right.
11. Pension Schemes
Where a member of staff suffers a permanent reduction in their pensionable remuneration which is not attributable to their own act or request, they may elect to leave the Scheme and to have their benefits preserved at the higher rate of remuneration for their service up to the date of the reduction, they may then immediately rejoin the Scheme and accrue benefits at the new rate of remuneration. Staff in this position should seek IMMEDIATE advice from the Pensions Office.
Appeals arising out of the application of this agreement will be dealt with in accordance with the Appeals Procedure detailed in Section F paragraphs 5.4 and 5.5.of the University, UNISON, and MSF Procedure Agreement
An appeal should be made in writing within 15 working days of the member of staff being formally notified of protection arrangements being applied and should be addressed to the Director of Human Resources.
The member of staff will be entitled to be represented by either an internal Union representative or a workplace colleague