Archived decisions

Hampshire Fire and Rescue Authority

Personnel Committee Item

1 December 2004

Changes to Management Accountability arising from the Revision to the Terms and Conditions of Employment (Grey Book) 2004

Report of the Chief Officer

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

1

Summary

1.1

This report identifies the key implications of change to the Grey Book as they relate to the grievance, discipline and disputes procedures. The particular focus is on how the role of management accountability has been re-defined in the White Paper and the revised Grey Book outlining the new expectations for, and local accountability of, senior managers for the operational responsibility, corporate management performance of the service.

2

Background

2.1

Following the White Paper setting out the Government's vision for the fire and rescue service of the future; repeal of statutory bodies and a reform of the constitution of the National Joint Council, there is now a new framework for raising the overall performance of the fire and rescue service nationally; and new terms and conditions for Grey Book employees, incorporating new disputes, discipline, grievance, capability and sickness procedures which are impacting on all fire and rescue services nationally.

2.2

Key to our performance measures is the expectation that we will make best use of our resources to meet the needs of our community. This requires not just changes to legislation but a re-focus on how we manage our fire and rescue service locally. The White Paper in particular was very explicit about this and Chapter 7 of the Paper is devoted to a new approach to management. The Government suggested that Fire and Rescue authorities should set policy for their fire and rescue service, and they should be accountable for the direction and performance of the service, but that Chief Officers and senior service managers should have operational responsibility for the service.

2.3

The changes to the role, objectives and structure of the fire and rescue service, together with the new approach to giving national policy direction and to assessing performance, will necessitate a reform to the way fire and rescue services are managed. These reforms stretch from the top-level relationship between the government and the service, right down to the way employees are managed on a day to day basis.

2.4

Key to the change programme is the disputes machinery. Previously, matters could be elevated to too high a level too quickly. One of the agreed outcomes of the pay dispute was to amend and simplify the disputes procedure. The purpose was to provide a simple but structured means of conducting business formally between a Fire Authority and its trade unions. It is designed to enable differences to be resolved, but also provides a means of enabling the Fire Authority to deliver its service objectives without allowing any veto over change.

2.5

Section 6 of the Grey Book, `Grievance and Disciplinary' specifically refers to the need for employees and managers to recognise the significant change in culture involved and the importance of appropriate training and development. We are keen to take advantage of the agreed changes to resolve matters of discipline and grievance locally and at the lowest practicable level. What needs to be determined is the corporate level as referred to in the revised Grey Book.

2.6

Fire Authorities are, and will remain, employers of the fire and rescue service locally. As with other services provided by local government, there must be a clear relationship between the authority and its Service. What is proposed is that the Authority will set policy and will be accountable for the overall direction and performance of the Service, while senior Service managers will have operational responsibility to run the day to day matters in accordance with those policies, thereby delivering a better service to the community. This includes not only resolution of disputes, but dealing with grievances and discipline.

2.7

Prior to the dispute, this was the responsibility of elected members. It is, however, the role of Authorities to decide on priorities and on how the resources available within the agreed budget should be apportioned between priorities or between different types of work. Professional and technical advice will come from their senior managers. However, the Authority needs to set out the policy framework, which managers will then apply as part of the duties and responsibilities for which they are employed. Service and operational decisions are now embodied in the Integrated Risk Management Plan (IRMP).

2.8

In producing IRMPs, fire authorities are now taking on new and important responsibilities, including the day to day management of its employees. As such, senior managers need managerial independence. Indeed at the heart of their role is the requirement to use the resources of the service to deliver, as effectively as possible, what the Authority has set out in its plans.

2.9

This is a new challenge for the Members of the Fire Authority and the senior managers of the Fire and Rescue Service. The Authority would still have a role to play should any senior manager submit a grievance or be the subject of disciplinary action. As currently provided for, there would be an obligation on officers to keep Members properly informed of activity in this area.

3

Progress to date

3.1

In preparation for undertaking our management responsibilities as defined in the role maps of the Integrated Personal Development System (IPDS), we are working closely with our Human Resources Development Group (HRDG) - South East Region to ensure we have a consistent and unified policy which reflects the revised Grey Book; our obligations under our individual IRMPs in managing our respective Fire and Rescue Services (FRSs) and the Integrated Personal Development System (IPDS).

3.2

Our policies on Discipline; Grievance and Performance and Ability in the Workplace are currently being re-drafted at a regional level on behalf of the nine FRSs and it is anticipated that we will all embrace these changes as reflected in the revised Grey Book.

3.3

Although the procedures for managing discipline, grievances, disputes and capability for our employees conditioned to the National Joint Council for Local Government Services (Green book) are not explicitly provided for in those conditions, best practice would be reflected if all our employee groups are treated equally with a focus on resolving workplace issues at the lowest practicable and appropriate level.

4

Contribution to Corporate Aims, Objectives and Key Tasks

4.1

The proposals for change, based on the revised conditions of service, fulfil our statutory obligations as defined by the ACAS Code of practice on Grievance and Disciplinary procedures and other legal considerations. Former employees will be entitled to use the grievance procedure as described in the Employment Act 2002 and this is also provided for in the ACAS Code of Practice and is now a requirement under employment law.

5

Resource Implications

5.1

Human Resources

The Human Resources department will take responsibility for communicating the new procedures relating to grievances, discipline, disputes, sickness and capability support to our employees. In addition, we have commenced a training programme for our managers to carry out investigations and preside at hearings and appeals stages.

5.2

Physical Resources

There are no physical implications associated with this report.

5.3

Financial Resources

There are no financial implications associated with this report.

6

European Convention on Human Rights and the Human Rights Act 1998

6.1

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

Recommendations

1

That the Personnel Committee notes the changes to the employment matters for Grey book employees and supports the changes proposed as regards delegation to officers for all employment matters, unless the action commences at a senior level necessitating the involvement of members.

2

That support is given to applying this approach across all employee groups equally to ensure consistency and fairness of treatment.

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.

Circular NJC/05/04

Stages 2 & 3 - Pay Settlements and Sixth Edition of the Grey Book

Note: The list excludes:

(1) Published works

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