Hampshire Fire and Rescue Authority

Personnel Committee Item 8

8 September 2004

Implementation of Revised Terms and Conditions of Employment (Grey Book)

Report of the Chief Officer

Contact: Jennifer McNeill, Head of Human Resources - Tel: 023 8064 4000 ext 2348

1

Summary

This report provides an update on the progress to date against the HR function timeline 2004/05, Terms and Conditions of Employment, as it relates to the Grey Book. The focus of this report is to record the impact of the failure to reach agreement between the National Employers and the Fire Brigades Union (FBU) in their negotiations surrounding the Government's modernisation agenda, as set out in the Pay Agreement of June 2003 and the agreement finally reached on 26 August 2004.

The key areas for consideration here are new policies relating to conduct, particularly discipline, capability, grievance and disputes procedures, and how they will be implemented in accordance with the revised Grey Book now agreed by the National Joint Council (NJC).

The purpose of this report is to make members aware of the constraints placed on us in progressing this timeline.

2

Background

2.1

There have been a number of significant occurrences during the course of these negotiations, notably:

20 May 2004

Employers side of NJC provided Fire and Rescue Services with draft Grey Book Sections covering all areas except conduct and grievance.

22 July 2004

Fire Services Bill 2004 received royal assent.

3 August 2004

Employers side of NJC provided notification that most terms and conditions for the revised Grey Book have been agreed but the sticking point is Bank Holiday working patterns and Stand Down times.

4 August 2004

Employers side of NJC provided Fire and Rescue Services with draft grievance and disciplinary procedures.

26 August 2004

Stages 2 and 3 Pay Settlements and sixth edition of the Grey Book agreed

October 2004

Commencement of Fire Services Act 2004

2.2

Fire Services Act 2004

Royal Assent was given to the Fire Services Bill in July 2004 and it will become the new Fire Services Act in October 2004, repealing the Fire Services Act 1947. This new legislative framework aimed at delivering a modern fire service will place a statutory duty on fire authorities to promote fire safety and respond to serious environmental disasters and terrorist threat.

Further, this Act will repeal the Fire Services (Discipline) Regulations 1985. The effect of this will be to leave all fire and rescue services in a position where they will deal with all issues of `Grey Book' conduct in line with current ACAS guidelines and not in the prescriptive format as previously laid down in the Fire Services (Discipline) Regulations 1985

2.3

Revised Grey Book

The NJC reached formal agreement on the immediate full implementation of Stages 2 and 3 of the pay award arising from the June 2003 agreement and the application of the provisions of the revised Grey Book. The revised Grey Book has now been circulated to fire and rescue services to be implemented with immediate effect (with the exception of the new disciplinary procedure which is due to commence in October 2004 within the Fire Services Act 2004).

The grievance and disciplinary procedures with supporting documents were developed jointly with the FBU at a national level and both sides of the NJC have agreed the documents as per S6 of the revised Grey Book. In essence, this new procedure allows all employee relations matters to be dealt with at the level commensurate with the issue. It is recognised that it is in the interests of both the employee and the organisation to deal with issues arising, whether of discipline, grievance or capability, in good time and at the lowest appropriate level at all stages. This has now been allowed for in S6 of the Grey Book and a revised discipline procedure will be prepared to reflect this. If an employee remains dissatisfied once the internal procedures have been exhausted, they still have the right of recourse to an Employment Tribunal.

Preparatory work had already commenced to align the Service's current policies with the anticipated national procedures and guidance. We are now considering the impact this will have on training for our managers and updating information to employees about the new policies.

2.4

Terms and Conditions Timeline

The timescales outlined in the Terms and Conditions Timeline were dependent on progress made at the national level by the NJC. However, some preparatory work has already commenced in anticipation of an agreement both locally and at a regional level. The Human Resources and Development Group (HRDG) - South East Region, has formed three main work streams, one of which is Employee Relations. A regional timeline to progress changes to policies, procedures, guidance notes, training has commenced and is currently in draft form awaiting endorsement from the Regional Management Board.

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European Convention on Human Rights and the Human Rights Act 1998

3.1

The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998 and considered in the light of the Race Relations (Amendment) Act 2000.

Recommendations

1

That the Personnel Committee notes the actions undertaken so far to prepare for the revision to the Grey Book.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

None

Note: The list excludes:

(1) Published works

(2) Documents that disclose exempt or confidential information as defined in the Act