MANAGEMEnt in CONFIDENCE
APPENDIX A (Paragraph 27)
MODEL CIRCULAR ON INDUSTRIAL ACTION
1. This appendix sets out the main implications for personnel administration of participation by civil servants in any form of industrial action, in terms suitable for wider distribution in whole or in part. Paragraphs 2-10 below may be drawn upon or adapted in case of need, whether for issue to managers if the climate seems appropriate or to staff if industrial action is contemplated.
MAINTENANCE OF SERVICE
2.
In a situation where some staff are on strike but others are attending work, the latter may be called upon to undertake either their normal work or work which they would not themselves generally carry out but which is nevertheless appropriate to their grade.
PAY AND INCREMENTS
3. Staff are paid for work performed during the hours, and in accordance with the conditions, stipulated for their grade. It follows automatically from this that if work is not so performed, there is no entitlement to pay. Moreover, unauthorised absence from work may not count for incremental progression.
OVERTIME
4.
Overtime is payable to eligible grades for hours worked under normal arrangements in excess of weekly conditioned hours. As a general rule such conditioned hours must be worked before overtime becomes payable. A period of unauthorised absence does not count towards completion of conditioned hours. The same principle applies to long-hours gratuity.
TRAVEL AND SUBSISTENCE ALLOWANCES
5. Travel and subsistence, etc, allowances are not payable in respect of any full day for which staff who would otherwise be eligible to receive them are on strike. Where payments are based on rail, etc, season tickets, payment will be similarly reduced pro rata.
SUPERANNUATION AND NATIONAL INSURANCE
6.
Unpaid absence resulting from industrial action does not reckon or qualify for superannuation purposes. National Insurance flat rate contributions are payable whenever a civil servant has been on duty for more than 4 hours in the contribution week, or alternatively has earned over £9 in respect of a period of paid leave of absence. No contribution is payable for any complete week of sick leave. In the event of strike action forms E70 (ESTATERM) and E71 (ESTASPECTERM) will not be issued.
LEAVE
7.
During a period of strike action it is unlikely that leave will be granted to staff engaged in the areas of work affected. But staff with leave previously authorised will not be required to cancel or to return from leave unless circumstances make this imperative. Leave may be granted for pressing private reasons unconnected with the strike. Annual leave will not be granted retrospectively to cover absence during a strike period.
SICK LEAVE
8. If a member of staff is absent during the strike period and the entire absence is covered by a medical certificate, then sick pay, within the normal entitlement, may be given for the duration of the absence. If the absence is not entirely covered by a medical certificate then sick pay, within the normal entitlement, may be given for the continuous period from the start of the
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MANAGEMENT IN CONFIDENCE