Modernising prison service pay systems richard earl 4 th december 2007
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Modernising Prison Service pay systems Richard Earl 4 th December 2007. Background. Equate development in mid to late 1990s and Phase 1 implementation in 2000 Unimplemented Equate the basis of litigation supported by PCS Phase 2 abandoned in 2002

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Modernising Prison Service pay systems Richard Earl 4 th December 2007

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Modernising Prison Service pay systemsRichard Earl4th December 2007


Background

  • Equate development in mid to late 1990s and Phase 1 implementation in 2000

  • Unimplemented Equate the basis of litigation supported by PCS

  • Phase 2 abandoned in 2002

  • HMPS Management Board approved the development of a new JES in 2005


Equal Pay

  • Benchmark evaluations conducted using Equate were used as the basis for equal pay claims with (mainly) female admin staff comparing themselves with (mainly) male prison officers

  • Litigation begun in 1999 included ‘rated as equivalent’ and ‘equal value’ claims

  • Equal value claims subjected to evaluations by an independent expert as well as partisan experts

  • No consensus reached on the overall outcome of the evaluations


Equal Pay

  • Bailey v HMPS eventually settled out of tribunal in February 2006

  • A new pay scale was applied for (mainly) admin grades from April 2006 costing £8m approx together with lump sums amounting to around £35m

  • In September 2006, a claim was issued by Laytons solicitors, acting on a conditional fee arrangement, on behalf of 1600 staff

  • Settlement agreed with Laytons in February 2007, broadly in line with the parameters of Bailey

  • HMPS now extending the deal to the remaining 3000 staff who have not brought claims but potentially might do so


Further Equal Pay claims and Age Discrimination claims

  • Equal pay claims based on the length of pay scales supported by Prospect

  • Age Discrimination claims based on scale length supported by PCS. Eleven test cases received so far.

  • Equal pay grievances received from a number of psychologists comparing themselves with prison officers


Development of a new JES - Profile

  • In 2005, HMPS Management Board commissioned a new, universal JES for all grades except NHS and SCS

  • Detailed work followed settlement of Bailey litigation. Cornwell Management Consultants assisted

  • Analytical, factor-based scheme developed. Refinements made after around 900 evaluations.

  • Scheme currently in final consultation with trade unions


Development of new JES - Profile

  • Advisory Group used throughout to test ideas and thinking

  • Two independent reviews conducted on the JES itself and its application

  • Trade unions have adopted different approaches


Issues and challenges in JE development

  • Equality Review

  • Relevant factors

  • Weighting

  • Use of half-levels

  • Role profile approach

  • Equal Pay vulnerability introduced by the JES itself


Moving to a new pay and grading system

  • Market survey

  • Contribution Management

  • Funding constraints

  • Workforce Modernisation

  • Red and Green circling

  • Impact Assessments conducted, including a full Equal Pay Review


Next Steps

  • Finalise the JES

  • Paybill modelling to examine the cost of different pay & grading options

  • Contribution Management proposals

  • Establishment restructuring

  • Negotiations with trade unions

  • Roll out – early implementers?


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