ANNUAL REPORT OF THE INDEPENDENT CHAIR – 2010/11

Employers� Secretary, Sarah Messenger Local Government House, Smith Square, London, SW1P 3HZ Telephone 020 7187 7335 e-mail: [email protected] Employees� Secretary, Matt Wrack Bradley House, 68 Coombe Rd Kingston upon Thames KT2 7AE Telephone 020 8541 1765 NATIONAL JOINT COUNCIL FOR LOCAL AUTHORITY FIRE AND RESCUE SERVICES ________________________________________________________________________ To: Chief Fire Officers Chief Executives/Clerks to Fire Authorities Chairs of Fire Authorities Directors of Human Resources at Fire Authorities Members of the National Joint Council ________________________________________________________________________ 30 December 2011 CIRCULAR NJC/08/11 Dear Sir/Madam ANNUAL REPORT OF THE INDEPENDENT CHAIR � 2010/11 1. The NJC constitution requires an Annual Report to be prepared by the Independent Chair setting out the activities and achievements of both the National Joint Council and the Middle Managers Negotiating Body. A copy of Professor Chatterji�s report, relating to 2010/11, is attached. Yours faithfully SARAH MESSENGER MATT WRACK Joint Secretaries NATIONAL JOINT COUNCIL FOR LOCAL AUTHORITY FIRE AND RESCUE SERVICES ANNUAL REPORT OF THE INDEPENDENT CHAIR 2010-2011 Professor Monojit Chatterji OCTOBER 2011 Background The National Joint Council for Local Authority Fire and Rescue Services (NJC), including the Middle Managers Negotiating Body (MMNB), is the body responsible for the supervision, from a national point of view, of all questions affecting the conditions of service of employees (other than those in Brigade Management roles) of fire and rescue services established under the Fire Services Act 2004. The NJC handles issues that affect such employees across the board i.e. firefighter to area manager roles. The MMNB has plenary powers to deal with issues which affect employees solely in the roles of station to area manager. The principal purpose is to reach agreement on a national framework of pay and conditions for local application throughout the fire and rescue service in the United Kingdom. The NJC and MMNB are committed to the local democratic control of fire and rescue services to the community. The parties to the negotiation are the Employers� Side comprising representatives of the Local Government Group, Welsh Local Government Association, Convention of Scottish Local Authorities and the Northern Ireland Fire and Rescue Service and the Employees� Side comprising representatives of the Fire Brigades Union and, for the MMNB, the Fire Brigades Union and the Fire Officers Association. An Independent Chair oversees the work of the National Joint Council and the Middle Managers Negotiating Body and is supported by two Vice-Chairs. Vice-Chair appointments alternate between the Sides on an annual basis. In 2010/11 the Vice-Chair of the NJC was held by the Employers� Side and the Vice-Chair of the Middle Managers Negotiating Body by the Employees� Side. The Independent Chair works closely with the Joint Secretariat, which is currently provided by Local Government Group and the Fire Brigades Union. The membership of the National Joint Council and the Middle Managers Negotiating Body during 2010/11 is determined by due process. The membership of both bodies for 2010/11 is attached to this report. Introduction 1. This Annual Report of the Independent Chair covers the period from 1 October 2010 to 30 September 2011. What do we do? 2. The National Joint Council provides: a) the national negotiating machinery for the pay and conditions of service of uniformed fire service employees in the United Kingdom. b) the services of the respective side Secretariats in assisting parties at local level to resolve areas of disagreement. c ) the services of the respective side Secretariats in assisting parties at local level in the interpretation of the national scheme of conditions of employment and the flexibilities contained therein. Meeting dates in 2010-2011 3. Since my last report the National Joint Council met on the following dates and considered a number of issues: 30 September 2010 14 June 2011 The Middle Managers Negotiating Body also met on each of the dates above. Both the NJC and MMNB will meet on the 6 October 2011. Issues under consideration (2010/11) The National Joint Council and, as appropriate, the Middle Managers Negotiating Body considered a number of issues over the course of the year. The main focus was on: Independent Chair Appointments - NJC, MMNB, Resolution Advisory Panel and the Technical Advisory Panels 5. Independent Chair�s are permitted to hold up to two three-year terms of office. Accordingly, at the Annual General Meeting in September 2010, I was re-appointed and commenced my second three-year term of office as Independent Chair of the National Joint Council and the Middle Managers Negotiating Body in September 2010. 6. Professor William Brown was formally appointed Independent Chair of the NJC�s Resolution Advisory Panel. 7. The Independent Chair of the Technical Advisory Panel is currently also held by Professor William Brown given the ill-health and consequent death of Professor John Gennard. Professor Gennard was highly respected in this role and I am sure members of the NJC and MMNB would wish to take this opportunity to express their condolences to his family, friends and work colleagues. Joint Protocol for Good Industrial Relations in the Fire and Rescue Service - Survey Update 8. The NJC plays a major role in promoting the benefits of good industrial relations and maintaining calm in what can be a difficult industrial relations climate. 9. In June 2007 the National Joint Council agreed a protocol for good industrial relations in the fire service which was intended to develop and improve upon industrial relations in the UK fire and rescue service. 10. Members of the National Joint Council had previously expressed an interest in finding out if there had been any positive changes at local level since the introduction of the protocol and whether fire and rescue services (both Management Side and the local trade unions) felt there was anything more that could be done with national level assistance to further embed the protocol locally throughout the service. as such a survey of local management and union representatives was undertaken. 11. The majority of responses were provided jointly and I was pleased to report last year that the survey results revealed fire and rescue services are more confident in resolving local difficulties since the introduction of the Protocol. Responses indicated most fire and rescue services found the Protocol to be a useful reference tool to further improve local industrial relations processes with the majority of respondents� indicating that discussion based on the Protocol had resulted in change to local policies, procedure or practices. Alternatively, it had been instrumental in starting a dialogue as a precursor to putting in place those formal processes. 12. A number of fire and rescue services said they would welcome a session on the Protocol at local level, facilitated by the NJC�s Joint Secretariat. This is something that has been successfully built upon this year. 13. In addition members of the NJC and MMNB returned to consideration of the survey in the early part of the year to clarify responses to one of the questions as it was known anecdotally that some respondents may have misinterpreted one of the questions - Q.3 How would you perceive the state of industrial relations at national level? The question was intended to find out FRS perceptions of the relationship within the NJC but it may have been interpreted as seeking a wider view on industrial relations within other fire and rescue services across the UK. 14. It was agreed that the Secretariat should contact those fire authorities who had indicated �Average� to see if their rating would change once it had been made clear to them what the question was trying to ascertain. 15. As a result of this follow up a number of fire and rescue services changed their perception to a more positive result. Part-Time Workers (Prevention of Less Favourable Treatment) Regulations � Grey Book and settlement 16. Following the introduction of these Regulations many thousands of Employment Tribunal cases were lodged by retained duty system firefighters (supported by their trade union) across the UK. 17. Since then test cases drawn from Kent and Berkshire fire and rescue services have been subject to the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal and House of Lords processes returning finally at the request of the House of Lords to the original Employment Tribunal again for re-consideration and determination. 18. Following that further determination the Tribunal indicated that it believed the parties should endeavour to reach a negotiated settlement. Following discussion within the respective Sides an approach was made to Tribunal to allow the parties time for those negotiations to take place. 19. The Joint Secretariat, supported by respective legal advisers, has therefore spent a substantial amount of time this year working to identify both a negotiated settlement to the cases and appropriate amendments to the Scheme of Conditions of Service to ensure it complies with all the requirements of the Regulations for the future. 20. This has been an extremely complex and difficult negotiation. However I am pleased that it is now drawing to a successful conclusion. A settlement has been identified and agreed and work is currently underway to implement the Agreement. 21. In addition, appropriate amendments to the Scheme of Conditions of Service (Grey Book) were also agreed this year and authorities notified of the required changes. Protected Pay Points 22. Following approaches for clarification, the MMNB agreed to amend an agreement reached in respect of protected pay points at Station Officer, Fire Control Officer, and Principal Fire Control Officer level that arose from the assimilation of ranks to roles on introduction of the current pay structure. Authorities were advised of the outcome by circular. Maternity, Paternity and Adoption Provisions 23. The NJC reached agreement on revisions to the maternity, paternity and adoption provisions in the Grey Book. 24. The changes reflect the outcome of negotiation in respect of an Employees� Side claim. They also provide greater clarity to some existing provisions, and update other provisions in light of statutory change implemented since they were last reviewed. Scheme of Conditions of Service (Grey Book) 25. The Joint Secretariat is in the process of preparing an updated version of the 6th edition of the Grey Book which will take in to account all agreements reached since issue of that edition in 2004. At present they are contained in joint circulars which have been provided to authorities at the time agreements reached. Royal Wedding - additional Public Holiday 26. The Government in England announced that there would be an additional public holiday on Friday 29 April 2011 to celebrate the wedding of Prince William and Catherine Middleton. This applied in England and Wales. The same decision was taken in Scotland and Northern Ireland. 27. There was no automatic entitlement to such a public holiday under the terms of the Grey Book and the Employees� Side consequently presented a claim for the day to be treated as a public holiday. 28. The precise terms of the agreement reached within the NJC was provided to authorities by circular. Pay 2011 29. The Employees� Side submitted a claim seeking an increase on all pay points equal to the percentage increase in inflation as identified by the Retail Prices Index (RPI) and announced in June 2010. This was a figure of 5.2%. 30. Considerable discussion took place at Joint Secretariat level in order to inform both Sides positions. However, agreement has not been reached. 31. Having considered the claim, the Employers� Side responded that it was not in a position to make an offer. The Employers� Side also indicated that it would be prepared to undertake discussion at Joint Secretary level to see if it could be possible to justify a different position in 2012. 32. At the time of writing this report the Employees� Side believe the matter of a pay award for 2011 to be unresolved. That also remains its position in respect of 2010. Circulars 33. A number of circulars have been issued since my last report: Protected Pay Agreement NJC/7/10 Amendment to the Protected Pay Agreement which arose from the substantive move from rank to role. Part-Time Workers (Prevention of Less Favourable Treatment) Regulations) NJC/1/11 Advance notification to authorities that formal agreement would shortly be reached and the data requirements that would be needed to implement that Agreement. Maternity, Paternity and Adoption Provisions NJC/2/11 Amendments to the maternity, paternity and adoption provisions contained in the Scheme of Conditions of Service (Grey Book) Part-Time Workers (Prevention of Less Favourable Treatment) Regulations) NJC/3/11 Details of the Settlement Agreement Part-Time Workers (Prevention of Less Favourable Treatment) Regulations NJC/4/11 Amendments to the Scheme of Conditions of Service (Grey Book) Royal Wedding Additional Public Holiday NJC/5/11 The terms of the agreement reached in respect of this additional public holiday. Resolution Advisory Panel NJC/6/11 London RAP recommendation � November 2010 Technical Advisory Panel NJC/7/11 Royal Berkshire TAP recommendation � January 2011 General Joint Secretariat Activity 34. Issues under negotiation within the NJC are in the main progressed through the Joint Secretariat acting within the remit of its respective Sides. 35. On occasion lead members from each Side of the NJC/MMNB may meet outside of the usual round of larger meetings but there was no need to do so this year. 36. The Joint Secretariat normally meets formally once a month to exchange information and to progress negotiations. These meetings are also an opportunity for either side to identify potential local industrial relations flashpoints and subsequently to raise those concerns with the local management or union side as appropriate. 37. The Joint Secretariat leads discussion in National Joint Council working parties which inform negotiations and respective Side positions such as the discussions that have taken place this year around the maternity, paternity and adoption provisions claim. 38. The Joint Secretariat also leads discussion in the sub-Committee on rolemaps and national occupational standards. 39. In addition to the above, the Joint Secretariat has a formal conciliation role when requested by both parties at local level to assist in resolution of local disagreements. 40. When jointly requested to do so, the Joint Secretariat can also provide support to parties at local level who wish to explore their current industrial relations relationships with a view to seeking improvement. 41. The Joint Secretariat has handled a considerable number of requests from local parties seeking interpretation or clarification of Scheme of Conditions of Service issues or early informal assistance where a matter is likely to prove difficult to resolve at local level. Joint Secretariat - Local Conciliation 42. In circumstances where discussion has been exhausted without agreement on an issue or issues at local level the Joint Secretariat, when requested to do so, can provide a conciliation process in order to assist the parties in identifying a mutually agreeable outcome. 43. The Joint Secretariat has a good record of assisting the parties to either reach agreement at the time of conciliation or to develop the basis of an agreement which leads to a resolution following further discussion at local level. 44. Over the last year various fire and rescue services have referred a total of 14 issues to the Joint Secretariat for formal conciliation. 45. No instances of local disagreement over the introduction of an alternative duty system were referred to the NJC�s Technical Advisory Panel during 2010/11. Resolution Advisory Panel (RAP) 46. The Scheme of Conditions of Service Negotiation Procedure contains a number of options that local parties can explore to facilitate resolution to local issues where negotiation at local level has been exhausted. One of those options is the NJC�s Resolution Advisory Panel whose remit is to endeavour to facilitate an agreement between the parties but where that is not possible the Independent Chair will make a recommendation based upon the positions presented and discussed during the course of the meeting and which he believes can form the basis of an agreement. 47. The NJC�s Resolution Advisory Panel, which is comprised of an Independent Chair and the Joint Secretaries, met once during 2010/11 in connection with issues jointly referred by London Fire Brigade. The recommendation of the Independent Chair, Professor William Brown, formed the basis of the agreement subsequently reached by the local parties. 48. In addition, interpretation of the status quo in respect of an issue in one Fire and Rescue Service was jointly referred to the Independent Chair of the Resolution Advisory Panel. Technical Advisory Panel (TAP) 49. The NJC also operates a Technical Advisory Panel which can consider whether or not a new duty system proposed at local level complies with the principles contained in Section 4 of the Scheme of Conditions of Service (Grey Book) where it has not been possible to reach an agreement on its introduction. As with RAP, the Technical Advisory Panel endeavours to facilitate an agreement between the parties, but where that is not possible the Independent Chair can, in addition to commenting on the extent of compliance with the principles, recommend a proposal that he believes may form the basis of an agreement. 50. The NJC�s Technical Advisory Panel, which is comprised of an Independent Chair and the Joint Secretaries, met once during 2010/11 in connection with a proposal jointly referred by Royal Berkshire Fire and Rescue Service. The recommendation of the acting Independent Chair, Professor William Brown, formed the basis of the agreement subsequently reached by the local parties. Conclusion 51. There are several aspects to the role of Independent Chair. Those utilised this year in particular have been: � the chairing all NJC and MMNB meetings that have taken place � consideration, with the Joint Secretaries, of items due for discussion through the NJC and/or MMNB at those meetings � ensuring the NJC and MMNB are each aware of the work of the other and that an opportunity for comment is provided � facilitated discussion between the parties on the Employees' Side � provision of this annual report 52. The NJC has had another productive year in an extremely difficult economic climate. I am pleased to say that despite those difficulties this year, the two Sides remain respectful of each other and I am confident that we will continue to move forward with good industrial relations at national level which produces successful outcomes for both sides. PROFESSOR MONOJIT CHATTERJI INDEPENDENT CHAIR MEMBERSHIP OF THE NATIONAL JOINT COUNCIL 1 OCTOBER 2010 TO 30 SEPTEMBER 2011 Employers� Side Employees� Side Local Government Group (formerly Local Government Association) Fire Brigades Union Cllr D Allan Mr J Barbour Cllr A Auty Mr A Dark Cllr S Comer Mr J Ford Cllr K Hammond Mr W Gee Cllr M Heaster Mr K Handscomb (to 1/11) Cllr R Hobbs Karl Horan (from 1/11) Cllr C Newbery Mr I Leahair (from 1/11) Cllr P Shannon Mr G Mayos (from 5/11) Cllr F Walker Mr T McFarlane Mr A McLean Convention of Scottish Local Authorities Mr T Mitchell Mr M Nicholas Cllr M Bridgman Ms S Riley Cllr M Raeburn Mr R Robertson Cllr B Wallace Mr M Shaw (to 1/11) Mr M Smith (to 5/11) Welsh Local Government Association Mr M Wrack Mr A McLean Cllr E Evans Northern Ireland Fire and Rescue Service Vacancy (to 1/11) Dr J McKee (from 1/11) MEMBERSHIP OF THE MIDDLE MANAGERS NEGOTIATING BODY 1 OCTOBER 2010 TO 30 SEPTEMBER 2011 Employers� Side Employees� Side Local Government Group (formerly Local Government Association) Fire Brigades Union Cllr D Allan Mr J Barbour Cllr A Auty Mr A Dark Cllr S Comer Mr J Denvir Cllr K Hammond Mr J Ford Cllr M Heaster Ms R Jones (from 1/11) Cllr R Hobbs Mr A McLean Cllr C Newbery Mr P Moss Cllr P Shannon Mr M Pottinger Cllr F Walker Mr P Poullias Ms S Riley Convention of Scottish Local Authorities Mr R Robertson Mr M Shaw (to 1/11) Cllr M Bridgman Mr M Smith Cllr M Raeburn Mr M Wrack Cllr B Wallace Welsh Local Government Association Fire Officers Association Cllr E Evans Mr G Morgan Northern Ireland Fire and Rescue Service Vacancy (to 1/11) Dr J McKee (from 1/11)