01-21-2007, 03:17 PM
5th edition pre-2004 grey book anybody?
cheers
[Edited on 18-2-2007 by Big Bob]
cheers
[Edited on 18-2-2007 by Big Bob]
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5th edition grey book
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01-21-2007, 10:04 PM
NATIONAL JOINT COUNCIL FOR
LOCAL AUTHORITIES` FIRE BRIGADES Scheme of Conditions of Service FIFTH EDITION 1998 Contents Preface Section I Ranks and responsibilities of ranks Section II Duty systems and hours of duty Section III Leave Section IV Sick Leave Section V Pay of whole time members Section VI Emoluments and allowances for whole time members Section VII Part time members of brigades Section VIII Suspension Section IX Miscellaneous Section X Procedures for resolving individual grievances and disputes between fire authorities and the representative bodies Section XI Constitution of the National Joint Council Section XII Fairness at work Appendix I (a) Model disputes procedure for brigades for ranks of station officer, fire control officer and above Appendix I (b) Model disputes procedure for brigades for ranks of sub-officer, senior fire control operator and below Scheme of Conditions of Service Section I RANKS AND RESPONSIBILITIES OF RANKS SECTION I RANKS AND RESPONSIBILITIES OF RANKS 1. Ranks The ranks of members of a brigade bellow the Chief officer shall not differ from and shall be such of those set out bellow as the fire authority consider necessary. Operational Assistant Chief Officer Senior Divisional Officer Divisional Officer (Grade I) Divisional Officer (Grade II) Divisional Officer (Grade III) Assistant Divisional Officer Station Officer Sub-Officer Leading Firefighter Firefighter Control Staff Principal Fire Control Officer Group Fire Control Officer Fire Control Officer Senior Fire Control Operator Leading Fire Control Operator Fire Control Operator Non-operational Staff 2. Responsibilities of officer ranks The responsibilities of the ranks in relation to operational requirements of brigades shall as stated bellow. The points ranges for ranks are also shown. The divisional rank structure is based on the following points grading formula: Population xxx (in thousands) x 70 = Y 600 Establishment xxx x 30 = Z 350 Total Y + Z = X points For the purpose of assessing total establishment, two part time whole units equal one whole time unit. Points Range Rank Typical Responsibilities (a) 65 plus* Senior Divisional Officer To be responsible for the organisation and efficiency of a large division. To act, if required, as Deputy Chief Officer or to undertake staff or specialist duties. * It is considered that a total of 100 points would normally represent the upper level for divisional command. Where this total is exceeded in exceptional instances in urban areas, a responsibility allowance may be considered. (b) 64-40 Divisional Officer I To be responsible for the organisation and efficiency of a division. To act, if required, as Deputy Chief Officer or to undertake staff or specialist duties. © 39-22 Divisional Officer II As for a Divisional Officer I or deputy to Senior Divisional Officer, or Divisional Fire Prevention Officer, in a division commanded by a Senior Divisional Officer. (d) 21-16 Divisional Officer III (i) To be responsible for the organisation and efficiency of a small division or deputy to a Divisional Officer I, or to undertake staff or specialist duties; or 26 & above (ii) Officer in charge of a group of stations. (e) 15 & bellow Assistant Divisional Officer (i) To act as deputy to a Divisional Officer II or a Divisional Officer III or officer in charge of a large station or to undertake staff or specialist duties; or 25 & bellow (ii) Officer in charge of a group of stations. (f) Station Officer To be responsible for the general operational and administrative efficiency of a station or a watch at a station. (g) Sub-Officer Officer or deputy officer in charge of a watch. (h) Leading Firefighter Officer in charge of an appliance* * "Appliance" should be understood to include appliances scheduled for crewing by part time as well as whole time firefighters and it will not include emergency tender, turntable ladders or appliances scheduled for alternative crewing. 3. Responsibilities of firefighters The principal duties of the qualified firefighter are those described in the document "The Qualified Fireman's Job" issued by the National Joint Council for Local Authorities` Fire Brigades in May 1977. Other duties will be such that they are compatible with the skills of the firefighter and the nature of the Fire Service. The duties of firefighters who have not yet qualified are related to those of the qualified firefighter insofar as they are competent to perform them. Scheme of Conditions of Service Section II DUTY SYSTEMS AND HOURS OF DUTY 1. Firefighters, leading firefighters and sub-officers (1) HOURS OF DUTY The normal average weekly hours of duty of firefighters, leading firefighters and sub-officers engaged on operational duty shall be 42. (2) DUTY SYSTEMS There are three principal duty systems: (a) Shift system Under this system each period of 24 hours shall be divided into a day shift and a night shift. The day and night shifts shall be so arranged that over a fixed number of weeks the weekly hours of duty performed by each member average 42. A rota giving effect to the foregoing shall be drawn up. The general principles governing the rota shall be as follow: (i) The night shift shall not be less than 12 hours; (ii) There shall be at least two complete periods of 24 hours freedom from duty each week, ie two days off duty; (iii) Each member's leave days shall change week by week in a regular progressive manner; (iv) The shift rota shall be so designed as to provide as nearly as possible that the number of firefighters normally available for duty from time to time is constant. (v) No rota system shall include continuous duty periods of 24 hours. Emergency calls Members on duty are to be available at all times to respond to emergency calls and to perform work to maintain operational readiness. Work other than emergency calls All hours on duty with the exception of those relating to emergency calls, work related to maintaining operational readiness and any hours stipulated as "stand down time" or "meal breaks" shall be available for work or training consistent with that referred to in Section I, paragraph 3. The period referred to above will be as follow: Meal breaks Three hours will be specified for meal breaks in 24 hours. The timing of the periods is at the discretion of the fire authority. Where a meal break is interrupted by an emergency call, account shall be taken of this. Stand down time Subject to the demands of emergency calls and work arising from emergency calls, there shall be a stand down period from midnight. Members will parade ready for work at 7am. A routine related to ensuring that operational readiness is maintained will be carried out on the public holidays specified in Section III part B paragraph 1. All other days, including extra-statutory days of holiday, shall be normal working days (compensation for duty on extra-statutory days of holiday will be treated in accordance with Section III part B paragraph 2). (b) Day crewing Under this system, 35 hours of duty shall be performed at the station on a day duties basis and the remainder as standby duty at home, on the understanding that the member will respond to any emergency call received at any time during the standby period. The fire authority may request a member who is employed on this system to accept obligations similar to those of a retained member in respect of periods outside of his or her normal duty hours. A rota giving effect to the foregoing shall be drawn up. The rota shall also ensure that there shall be two complete periods of 24 hours freedom from any duty each week. © Day duties Members who are conditioned to the day duties shall work a rota in accordance with the following principles: (i) total hours of commitment should average 42 per week inclusive of meal breaks; (ii) the normal working day should cover the period of normal office hours; (iii) working days should average 9 per fortnight and should fall within Monday to Friday inclusive; (iv) any balance between average working hours (including meal breaks) and 42 per week should be available to the fire authority, thereby following existing practice; (v) where work must necessarily be undertaken outside the normal working day (eg inspection of clubs, lectures), the equivalent time off in lieu should be given during the normal working day. (3) CHANGES FROM ONE DUTY SYSTEM TO ANOTHER (a) Day crewing to shift Where a fire authority considers that the duty system at a station should be changed from the day crewing to the shift system, the conditions of transfer should be discussed in the appropriate committees, between representatives of the fire authority and the accredited representatives of the members of the brigade. (b) Shift to day crewing The number of emergency calls dealt with over a long period is one the factors which will influence the possible introduction of the day crewing duty system being considered. It is not the only factor. Other factors to be considered are: (i) Whether the fire risk in the area is low enough to suggest day crewing as being appropriate; (ii) The turn out times which are required to be met and effect housing considerations on turn out times; (iii) Proximity of special and high hazard risks and high life risk, eg chemical plants, large hospital complexes and the like; (iv) The amount of variation in population in holiday resorts; (v) Proximity to motorways and other high speed roads where instant turn outs are essential; (vi) Whether the station operationally supports a group of retained stations and no alternative arrangements can be made; (vii) The back up contribution the station might be expected to make in the territory surrounding its own fire ground. Where a difference arises between the fire authority and the accredited representatives of the members as to whether a station should change from shift to day crewing, all relevant circumstances having been taken into account, the matter will be referred to an adjudicator appointed by the Lower Ranks` Committee for final adjudication. The fire authority and the representative body shall be provided with an opportunity to present their case. Wherever the duty system at a station is changed from shift to day crewing, the authority concerned will ensure that the following is undertaken: (i) Members changing from the shift system to day crewing shall be on a voluntary basis. Members who do not wish to work the system will be posted, within daily travelling distance of their homes. Where this is impracticable, members may be allowed to remain on the shift system at the same station. (ii) Members posted as in (i) above will receive the difference in travelling costs home to their new station and home to their old station. (iii) Members who volunteer to operate the day crewing system and who need to move home as a consequence, will be provided with accommodation close to the station for which they maybe required to pay a subsidised rent. Alternatively, members will be provided with a rent allowance. Where a member requires to purchase a house close to the station, the National Joint Council calls upon the local authorities to do everything in their power to facilitate where appropriate house purchase arrangements by the provision wherever practicable of mortgage facilities. (iv) Where members are transferred to provide housing the fire authority will make arrangements to ensure that on retirement members are assisted in obtaining suitable alternative accomodation. If a member resigns to leave the fire service, the fire authority should allow adequate time for the member to find alternative accommodation. (v) The above conditions are without prejudice to any more favourable existing local arrangements. In the event the event of a dispute arising on the conditions of service relating to day crewing this shall be resolved by recourse to the disputes procedure. (4) PRE-ARRANGED OVERTIME A fire authority shall be free, subject to the conditions set out bellow, to invite the members of their brigade to undertake re-arranged overtime duties. The conditions are: (a) Pre-arranged overtime should be devoted to fire service duties (for example, hydrant inspection and testing, routine fire protection inspections and making good temporary manning deficiencies) and may not be used to make up establishment deficiencies. (b) Arrangements should be subject to consultation between the fire authority and the accredited representatives of the members of the brigade. © The amount of pre-arranged overtime should be kept to a reasonable limit, say 24 hours a month, which may be averaged over a period of six months. The fire authority is free to invite the services of individual members once arrangements have been determined. It will not be necessary to make overtime compulsory, reliance being placed on voluntary acceptance of overtime obligations. 2. Fire control operators, leading fire control operators and senior fire control operators (1) HOURS OF DUTY (a) The normal average weekly hours of duty of fire control operators, leading fire control operators and senior fire control operators engaged on fire control duties shall be either 40 or 42. (b) Fire control operators bellow the age of eighteen shall not work night duties. (42) DUTY SYSTEMS There are two principal duty systems: (a) Shift system Under this system each period of 24 hours shall be divided into a day shift and a night shift. The day and night shifts shall be so arranged that over a fixed number of weeks the weekly hours of duty performed by each member average either 40 or 42. A rota giving effect to the foregoing shall be drawn up. The general principles governing the rota shall be as follow: (i) The night shift shall not be less than 12 hours; (ii) There shall be at least two complete periods of 24 hours freedom from duty each week, ie two days off duty; (iii) Each member's leave days shall change week by week in a regular progressive manner; (iv) The shift rota shall be so designed as to provide as nearly as possible that the number of control operators normally available for duty from time to time is constant. (v) No rota system shall include continuous duty periods of 24 hours. Emergency calls Members on duty are to be available at all times to receive and respond to emergency calls. Work other than emergency calls All hours on duty with the exception of those relating to emergency calls and any hours stipulated as "meal breaks" or "periods of relaxation" shall be available for work or training consistent with the job description of control operators. The period referred to above will be as follow: Meal breaks Three hours will be specified for meal breaks in 24 hours. The timing of the periods is at the discretion of the fire authority. Where a meal break is interrupted by an emergency call, account shall be taken of this. Periods of relaxation Subject to brigades being satisfied at all times that operational requirements are not prejudiced, and provided that they are immediately available in the event of recall to duty, members shall be permitted to leave their posts for periods of relaxation in approved locations between the hours of midnight and 7am. (b) Day duties Members who are conditioned to day duties shall work a rota in accordance with the following principles: (i) total hours of commitment should average 40 or 42 per week inclusive of meal breaks; (ii) the normal working day should cover the period of normal office hours; (iii) working days should average 9 per fortnight and should fall within Monday to Friday inclusive; (iv) any balance between average working hours (including meal breaks) and 40/42 per week should be available to the fire authority, thereby following existing practice; (v) where work must necessarily be undertaken outside the normal working day equivalent time off in lieu should be given during the normal working day. 3. Station officers and higher ranks (1) Officers will be subject to one of the following systems to be determined by the fire authority after consultation with the accredited representatives of the officers members of the brigade. (a) Shift duty system A shift duty officer shall be employed on a day and night shift (of which the latter shall not be less 12 two hours) basis with a progressive rota over a fixed number of weeks to provide an average of 42 hours per week. (b) Flexible duty system (i) An officer employed on the flexible duty system shall be conditioned to two types of duty, managerial duty and standby/call out duty defined as follow: (1) Managerial duty is duty rostered to perform full time the operational command, managerial, supervisory and/or specialist duties appropriate to the officer's post; such duty shall also be known as "positive hours". (2) Standby/call out duty is duty rostered to ensure that the officer is available on call for the urgent performance of duties specified under (1) above, including the performance of such duties if the officer is called upon. (ii) Rostering arrangements for the flexible duty system shall be such to conform with all of the following principles: (1) The sum of the rostered managerial duty hours and the rostered standby/call out duty hours, the latter divided by 4, shall be 48 hours per week, on average over a cycle not exceeding eight weeks; (2) No rota shall contain more than 5 consecutive periods of 24 hours during which a duty of either type is performed; (3) In any two week period commencing on a Monday there shall be at least two pairs of rota leave days; (4) Any period of standby/call out duty shall be all or part of a period of 24 hours duty (starting at the normal starting time) and shall be rostered immediately before or immediately after a period of positive hours, unless it is an entire period of 24 hours standby/call out duty. (5) On any day on which managerial duty is performed the hours for that day shall be rostered consecutively except where an evening duty is required in addition to a normal day duty (for these purpose, in view of long-standing custom and practice in the fire service, one meal break in each period of 24 hours will be treated as a period of managerial duty); (6) Travelling time to and from a rostered evening commitment of managerial duty shall itself count as managerial duty. (7) Rota leave shall be rostered no less frequently on a Saturday or Sunday than any other day of the week. (8) The total sum of managerial hours shall not average more than 42 a week. (9) The sum of the weekly hours of both types of duty shall not exceed 78 on average (iii) Locally unresolved difficulties over rostering arrangements shall be referred to the Joint Advisory Panel of the Officers` Committee for their assistance. In such instances changes shall not be implemented locally before the Joint Advisory Panel has considered the matter or, if it is not resolved thereby the Officers` Committee has considered the matter. (iv) An officer conditioned to the flexible duty system may: (1) in exceptional circumstances be allowed periods of "short leave" during which he or she may be completely detached from duty, out of touch and beyond recall, subject to the approval of his or her senior officer, which shall not be unreasonably withheld; and (2) may have freedom of movement, during periods of standby/call out duty, in and around the area within which his or her normal duties are performed and subject to the arrangements for him or her to be notified of incidents occurring within his/her standby/call out jurisdiction. (v) An officer conditioned to the flexible duty system shall be notified of the geographical area within which he or she will be required to be based for the performance of his or her standby/call out duty. (vi) Transfer onto the flexible duty system will be voluntary. In view of the pension implications, officers will not be transferred from the flexible duty system against their will, except as a result of action under the Fire Services Discipline Regulations where the punishment is reduction in rank to sub-officer or bellow. © Day duty system An officer employed on the day duty system shall work a rota in accordance with the following principles: (i) total hours of commitment should average 42 per week inclusive of meal breaks; (ii) the normal working day should cover the period of normal office hours.* (iii) working days should average 9 per fortnight** and should fall within Monday to Friday inclusive; (iv) any balance between average working hours (including meal breaks) and 42 per week should be available to the fire authority, thereby following existing practice; (v) where work must necessarily be undertaken outside the normal working day (eg inspection of clubs, lectures), the equivalent time off in lieu should be given during the normal working day. * "Normal office hours", in the context of the agreement, should be interpreted as meaning 9.00am to 5.00pm. However, it is accepted that it would be within the spirit of this interpretation if variations were agreed locally in the starting and finishing times to meet local conditions, provided that the spread of daily hours remained eight, including the meal break. ** Where, in any brigade a spread of duties for non-residential staff and specialist officers (conditioned to day duties) averaging less than 9 per fortnight was negotiated and agreed prior to 21st February 1979, sub-paregraph (iii) above will not apply. 4. Fire control officers and higher ranks (1) The normal average weekly hours of duty for a member of the rank of fire control officer or above who is not conditioned to the flexible duty system shall be 42. Members shall have their rota determined in accordance with the provisions of paragraph 3(1)(a) or 3(1)© above. (2) A member who is conditioned to the flexible duty system shall be available for duty for periods averaging the weekly hours of the rota determined in accordance with the previsions of paragraph 3(1)(b) above. 5. Recall to duty A member shall be free to report for duty to assist with a serious incident where it is apparent that his or her services would be of value and, in such circumstances, to receive payment in accordance with paragraph 12 of Section VI. The arrangements for recall and the members to whom they shall apply, shall be determined by the fire authority after consultation with the accredited representatives of the members of the brigade. Scheme of Conditions of Service Section III LEAVE A. ANNUAL LEAVE 1. Entitlement A member of a brigade shall in each calendar year, so far as the exigencies of duty permit, be granted annual leave with pay in accordance with the following scales: Operational Non-operational Scale"A" Scale"B" DO I and above 35 days DO II Principal Fire Control Officer Group Fire Control Officer Fire Control Officer 28 days 3 other days DO III ADO Station Officer Sub-Officer Senior Fire Control Operator Leading Control Operator Fire Control Operator 25 days Leading Firefighter Firefighter Scale "A" Days which would otherwise be rota or off duty days which fall within a period of annual leave count as days of annual leave. DO I and above The annual leave entitlement may be taken in such periods and at such times as agreed with the fire authority during each leave year, ie 1st January to 31st December, provided that if the officer so wishes he or she shall be afforded reasonable opportunity of taking at least three weeks' continuous leave during any part of the year. DO II to Station Officer, and Principal Fire Control Officer to Fire Control Officer Not less than three quarters of the annual leave entitlement must be taken between 1st April and 30th September annually. Sub-Officer, Senior Fire Control Operator and below Not less than two thirds of the annual leave entitlement shall be taken during the period from 1st April to 30th September, except where there are mutual arrangements to the contrary. Scale "B" Normal working days which may be taken at any time during the leave year. Such leave may be taken in three consecutive duty shifts of absence. 2. Leave year The leave year extends from 1st January to 31st December. Annual leave not taken in the normal leave year will be forfeited except that in exceptional circumstances where a member of a brigade is unable to take of his or her annual leave by the end of the calendar year, he or she may, at the discretion of the fire authority, be permitted to take all or part of the outstanding leave provided that he or she does so by not later than 31st March of the following year. 3. Entitlement in cases of broken service or change of rank (1) Where, during the course of a leave year, a member (a) enters or leaves the brigade, or (b) is promoted or reduced in rank, or © undergoes an extended period of unpaid leave his or her entitlement to leave shall be based on an appropriate calendar monthly allowance of days in accordance with the following scales: DO I and above Station Officer, Fire Fire Control Officer and above Sub-Officer,Senior Fire Senior Fire Control Operator and below January 3 3 3 February 3 2 2 March 3 2 2 April 3 3+1* 2+1* May 3 2 2 June 3 2 2 July 3 3 2 August 3 2+1* 2+1* September 3 2 2 October 3 3 2 November 3 2 2 December 2 2+1* 2+1* Total for year 35 28+3* 25+3* * The additional annual leave referred to in paragraph 1 (Scale B) (2) In determining leave entitlement under the preceding sub-paragraph regard is to be had only to completed calendar months of service. (3) A member may be allowed to anticipate annual leave on the understanding that if he or she voluntarily leaves the brigade before 31st December of the same year, any leave taken in excess of entitlement may be treated as unpaid leave of absence and pay adjusted accordingly. 4. Entitlement in cases of ill health retirement In cases of retirement on ill health grounds, payments in lieu of annual leave shall be made in accordance with the following conditions: (i) consideration shall be limited to leave accrued before the start of the period of sick leave which ended in retirement; (ii) the amount of annual leave to be considered shall be calculated by reference to paragraphs 2 and 3 of this section; (iii) any leave actually taken from the leave accrued shall be discounted in considering the amount of pay in lieu. 5. Entitlement in cases of death in service Upon the death of a member having earned but not taken a holiday entitlement an amount calculated by reference to the table at paragraph 3(1) of this section, shall be paid into his or her estate. 6. Entitlement in cases of attendance at accelerated promotion courses A member attending any accelerated promotion course shall have two-thirds of his or her "Scale A" annual leave entitlement set against his or her period of the "long summer break" occurring during the course. Remaining leave entitlement will be taken following the member's return to duty. 7. Entitlement in cases of maternity leave Paid maternity leave, and authorised unpaid maternity leave up to and including 22 weeks' duration shall be regarded as service for the purpose of calculating a member's entitlement to annual leave after five years' continuous service. Paid maternity leave and authorised unpaid maternity leave of up to and including 22 weeks' duration, shall not affect the length of a member's annual leave entitlement in the leave year(s) in which maternity leave falls. 8. Weekend following annual leave Members should be enabled to have a complete weekend free from duty at each end of their annual holiday. Where practicable and possible, subject to the maintenance of existing standards arrangements should be made locally to this end, provided there shall be no increase in establishments and nor shall overtime be used for this purpose. B. PUBLIC HOLIDAY LEAVE 1. Entitlement A member of a brigade in England, Wales and Northern Ireland, shall, so far as the exigencies of duty permit, be entitled to a day's leave on the following public holidays: Good Friday Late Summer Holiday Easter Monday Christmas Day Spring Bank Holiday 26th December The first Monday in May New Year's Day A member of a brigade in Scotland shall, so far as the exigencies of duty permit, be entitled to a day's leave on the following days: New Year's Day The first Monday in May The local Autumn Holiday Christmas Day Four such other days as shall be selected by the fire authority in consultation with the accredited representatives of the whole-time members of the brigade. Members of all brigades shall be entitled to two extra-statutory days of holiday. The timing of these days is to be determined locally. For pay and other purposes the two extra-statutory days shall count as public holidays. Note: (i) For members of fire brigades in England, Wales and Northern Ireland who work on a shift system, Christmas Day, 26th December and New Year's Day will be treated a public holidays on whichever days of the week they fall and they will thus be unaffected by pronouncements made by Government on bank holidays (ii) For members of brigades in England, Wales and Northern Ireland who normally work on a rota which does not include weekend working, whenever any or all of the following: Christmas Day, 26th December or New Year's Day fall on a Saturday or Sunday the bank holidays notified by the Government will be applied. (iii) Notes (i) and (ii) apply in Scotland so far as Christmas Day and New Year's Day are concerned. 2. Compensation for leave not taken (a) If, for any reason, a member, who is (i) an officer of the rank of assistant divisional officer or station officer or fire control officer who is not employed on the flexible duty system or (ii) below the rank of station officer or fire control officer, is required to do duty on any of the aforesaid public holidays, which for this purpose shall be deemed as the 24 hours between the hours of midnight and midnight of aforesaid public holiday, he or she shall be paid at the rate of double time for the number of hours of the shift which coincide with that period. In addition he or she shall be granted a day's leave in lieu. (b) If, for any reason a member of the rank of assistant divisional officer or below or group fire control officer or below who is employed on the flexible duty system is required to do duty on any of the aforesaid public holidays, he or she be granted one and a half day's leave in lieu. © If, for any reason, a member of the rank of divisional officer grade III or above or principal fire control officer or above, is required to do duty on any of the aforesaid public holidays he or she shall be granted one day's leave in lieu. (d) A member whose off duty day coincides with any of the specified public holidays or who is on annual leave on any of those days shall be granted a day's leave in lieu. (e) Where a member is on sick leave on any of the specified public holidays, he or she shall be deemed to be on public holiday leave and shall not be granted a day's leave in lieu later. (f) The days in lieu referred to in sub-paragraphs (a), (b) and © shall be granted within 12 months after the public holiday, due regard being paid so far as possible to the wishes of the member. For this purpose, a day's leave in lieu means one shift off duty for each shift worked. (g) Leave in lieu of public holiday leave may be taken by local agreement in blocks of two or more consecutive shifts. Such leave may also be taken immediately before or following summer or winter annual leave, subject to local circumstances and agreement. (h) Any payment received by a member for attending a duty on a public holiday shall be non-pensionable. (i) In cases of retirement on ill health grounds, payments in lieu of public holiday leave not taken shall be made in accordance with the following conditions: (i) consideration shall be limited to leave accrued during the twelve months before the start of the period of sick leave which ended in retirement. (ii) any leave actually taken from the leave accrued shall be discounted in considering the amount of pay in lieu. (j) Upon the death of a member who is owed leave in lieu of a public holiday, an equivalent amount of money shall be paid into his or her estate. C. LONG SERVICE LEAVE 1. A member who at 1st January in any year has completed not less than five years' continuous service as a whole time member of a fire brigade maintained under the provision of the Fire Services Act 1947-1959, shall be granted in respect of that year three days' long service leave, additional to his or her annual leave, to be taken on days on which the member would otherwise be on duty. 2. Officers not employed on the flexible duty system and ranks below may take this leave, by local arrangement, in blocks of two or more consecutive shifts and may also be taken immediately before or following summer or winter annual leave, subject to local circumstances and agreement. 3. Officers on the flexible system of duty may take leave "en bloc" provided that no such leave exceeds more than three consecutive duty shifts of absence. 4. In the leave year in which the member completes five years' service, he or she shall be granted a day's long service leave in respect of each complete period of four months or part thereof between the date of completion of five years' service and 31st December that year. 5. In determining leave entitlement for members leaving the service who are entitled to additional leave under this paragraph, one day shall be granted for each completed period of four months or part thereof in the year of termination of service commencing on 1st January. 6. For the purpose of this paragraph continuity of service as a whole time member of a fire brigade shall not be regarded as interrupted where there has been a break in service which does not exceed six weeks. D. SPECIAL LEAVE 1. Additional leave beyond the specific provisions elsewhere in these conditions of service may be granted in special circumstances at the discretion of the employing authority subject to any statutory requirements. Any such leave may be with or without pay, again subject to any statutory requirements. 2. Leave for meetings of Whitley or public bodies Fire authorities shall grant in appropriate cases paid leave of absence to members of brigades to (i) attend meetings concerned with Whitley Council bodies on which they are representatives, (ii) undertake duties consequent upon membership of public bodies. Note: The National Council has agreed that the bodies deemed to fall within the above provision shall be: (i) Whitley Councils The National Joint Council for Local Authorities' Fire Brigades, its Committees and such other bodies (including sub-committees thereof) set up by the Council. (ii) Public bodies Local Authorities Justices of the Peace Central Fire Brigades Advisory Council and its sub-committees Board of the Fire Services College Fire Services Examinations Board National Executive Committee of the Fire Services National Benevolent Fund British Standards Institution Regional Health Authorities and Management Committees and such other authorities, committees, tribunals, panels and similar bodies having statutory duties; and that the number of days paid leave granted for meetings of public bodies should be subject to such a limit as accords with the practice of the authority in relation to other employees. 3. Leave for attendance at court (1) Where a member has a legal requirement under subpoena to attend court as a witness in circumstances other than those arising out of his or her fire service duty he or she shall be granted leave of absence for such attendance. Leave for this purpose shall be reqarded as leave with full pay. (2) A member required to attend for jury service shall claim the loss of earnings to which he or she is entitled under the Jurors' Allowances Regulations currently in force. The fire authority shall then deduct from the member's full pay an amount equal to the allowance received For the purpose of calculating "average pensionable pay" under the Firefighter's Pension Scheme the fire authority shall assume that such a deduction had not taken place. Note: The National Council has considered the question of jury service by members of brigades and is of the opinion that it is desirable that members should be exempt from night duty when they are liable to service as jurors on the following day. It is recognised that from time to time difficulties may arise in this regard because of local circumstances, and the Council hopes that the practice recommended will be followed whenever possible. The Joint Secretaries are authorised to act on its behalf if the good offices of the Council should be sought in this connection. 4. End of course leave The following arrangements shall apply to end of course leave, without prejudice to existing arrangements regarding the grant of rota leave on return to brigade after such a course: After course leave may be granted to members attending courses at residential training schools on the following basis: (a) One day of end of course leave for each completed week for courses of one week or more, up to a maximum of four days. (b) Such leave to be taken in consecutive days commencing the day after the member returns from a course and to include any rota leave which may fall due during those days immediately following the member's return. © It is recommended that the authority should arrange where possible for travelling time to the course to be on a day which is a normal duty day. Where this is not possible and the member has to spend a substantial part of what would normally be a rota leave or off duty day in travelling an additional compensatory day may be granted. (d) A member proceeding to a course shall not be required to attend for duty during the shift period immediately prior to the requirement to travel or, if this is not possible, appropriate compensatory time off shall be given. Note: Where a member attends a course at a residential training school which is organised on a phased basis with breaks of approximately one week between the separate phases the purpose of these breaks is to enable students to maintain levels of achievement and to undertake revision. Accordingly, they are to be treated as part of the course and there should be no requirement upon the member either to return to duty or to take the break as part of his or her annual leave entitlement or leave in lieu of public holiday leave. Scheme of Conditions of Service Section IV SICK LEAVE 1. Entitlement (1) A member of a brigade on authorised sick leave shall be entitled to full pay for six months in any one year period. Thereafter the fire authority may reduce pay to whatever level they consider appropriate in the circumstances subject to a maximum reduction to half pay for the first six months. (2) A member of a brigade on authorised sick leave as a result of an illness or injury arising out of authorised duty shall be entitled to full pay for one year. Thereafter the fire authority may reduce pay to whatever level they consider appropriate in the circumstances subject to a maximum reduction to half pay for the first six months. (3) The period during which sick pay shall be paid and the rate of sick pay in respect of any period of absence shall be calculated by deducting from the member's entitlement on the first day the aggregate of periods of paid absence during the twelve months immediately preceding the first day of absence. (4) Absence in respect of normal sickness shall be recorded separately from absence in respect of illness or injury arising out of authorised duty. Periods of absence in respect of normal sickness shall not be set off against absence in respect of illness or injury arising out of authorised duty for the purpose of calculating any entitlement under paragraph 1(2). Periods of absence in respect of illness or injury arising out of authorised duty may be set off against absence in respect of normal sickness for the purpose of calculating any entitlement under paragraph 1(1). 2. Calculation of and deductions from sick pay (1) Where a whole time member is on authorised sick leave the expression “full pay" shall mean an amount which, when added to Statutory Sick Pay and Incapacity Benefit receivable, is equivalent to the contractual earnings that would be paid during a period of normal working including, where appropriate, the retaining fee and up to four drill attendance fees In a calendar year under Section VI paragraph 11. (2) Where a retained member is on authorised sick leave, other than as a result of an illness or injury arising out of authorised duty, the expression “full pay" shall mean the member's normal retaining fee and up to four drill attendance fees in a calendar year (where drill nights are missed as a result of sickness). (3) Where a retained or volunteer member whose duties include a liability to engage in firefighting is on authorised sick leave as a result of an illness or injury arising out of authorised duty the expression "full pay" shall mean the member's normal retaining fee together with all the other fees the member could have received had he or she been fit for duty. Where the member can provide to the fire authority satisfactory evidence that, as a direct result of the Illness or injury, he or she is suffering a financial loss in respect of his or her other normal occupation the expression “full pay" shall mean the amount of the actual loss (including the payments he or she would have received as a retained or volunteer member) subject to a maximum per annum of the maximum point of the current salary scale for a senior divisional officer. Note: For the purpose of this sub-paragraph the phrase “authorised duty†shall include occasions on which a retained (or volunteer) member is responding directly and immediately to a fire call. It shall not include travelling to a fire station for any other purpose. Where the fire authority is satisfied that a retained (or volunteer) member has been injured as a result of returning directly to his or her home or place of work immediately following attendance responding to a fire call the authority may if it so wishes determine in a particular case that such a journey be treated as authorised duty. The question of whether such a journey might be considered to be authorised duty is a matter for the sole and unfettered discretion of the fire authority whose decision shall be final. Any decision, in a particular case, to regard such a journey as authorised duty shall only concern the question of calculating entitlement to sick pay. It shall not be regarded as determining whether the member was on duty for any other purpose. (4) In no circumstances shall sick pay be calculated in such a way that, when added to Statutory Sick Pay and Incapacity Benefit receivable, it exceeds normal pay. In calculating "half pay" any Statutory Sick Pay or Incapacity Benefit receivable shall be disregarded except where the resulting amount, when added to Statutory Sick Pay or Incapacity Benefit, exceeds normal pay. (5) Widows and married women exercising their right to be excepted from the payment of National Insurance Contributions shall be deemed to be insured in their own right for all National Insurance benefits. (6) A member shall declare to the fire authority any entitlement to benefit related to his or her sickness and any subsequent alteration in circumstances on which such benefit is based. 3. Notification and certification of sickness Entitlement to sick pay shall be conditional on the member fulfilling the following obligations: (a) that notification is made immediately to the person identified for this purpose by the authority (b) that further notification as to the nature and probable duration of the injury or illness is made as required by the authority © that a doctor's statement is submitted to the authority not later than the eighth calendar day of absence; (d) that subsequent doctor's statements are submitted as necessary (e) that, in cases where the doctor's statement covers a period exceeding fourteen days or where more than one statement is necessary, the member shall, before returning to work, submit to the authority a final statement as to fitness to resume duties; (f) that, on returning to work, the member signs a statement detailing the reasons for all absences up to and including seven days. 4. Reimbursement of cost of doctor's statements (1) Where, for the purpose of qualifying for sick pay, an authority requires a doctor's statement from a member the authority shall reimburse the cost of such a statement (2) It is recognised that a retained member may have difficulty in complying with sub- paragraphs 3© and 3(d). Brigades are therefore encouraged to take a flexible approach by, for example, accepting a photocopy of any doctor's statement. 5. Sickness during annual and public holiday leave (1) A member who falls sick whilst on annual leave or who is absent on account of sickness when his or her annual leave falls due shall be regarded as being on sick leave provided such absence is covered by a doctor's statement. In this event the member may be permitted to take all or part of the outstanding leave at a later date, normally before the end of the current leave year or, in exceptional circumstances, not later than 31st March of the following year at the discretion of the authority. (2) Where a member is on sick leave on a public or extra statutory holiday he or she shall be deemed to be on public or extra statutory holiday leave and shall not be entitled to a day's leave in lieu later. 6. Medical examination A member shall, when required, submit to an examination by a medical practitioner nominated by the fire authority subject to the appropriate provisions of the Access to Medical Reports Act 1988. Any costs associated with the examination shall be met by the fire authority. 7. Effect of neglect or default (1) If a member refuses to undergo any medical examination required by the fire authority or has, in the opinion of the fire authority acting on medical advice, caused or substantially aggravated any illness or injury by neglect or default, or refused or neglected fully to co-operate in any medical treatment which the fire authority considers necessary, he or she shall be entitled only to such paid sick leave as the fire authority may determine. (2) If, in the opinion of the fire authority acting on medical advice, the absence from duty is by reason of an illness or injury that is wholly attributable to the member holding any other office or employment for hire or gain, or carrying on a trade or business, or participation in sport as a profession he or she shall be entitled only such paid sick leave as the fire authority may determine. 8. Independent medical referee (1) Where there is a divergence of opinion between the brigade medical adviser and a member's general practitioner (or other medical adviser) over the member's fitness for duty, or the question of whether an illness or injury has arisen out of authorised duty, the fire authority shall refer the matter to an independent medical referee drawn from those who sit on the boards that consider medical appeals under the Firefighter's Pension Scheme. (2) If the member's general practitioner (or other medical adviser) does not agree to the matter being referred to an independent referee the opinion of the brigade medical adviser shall prevail. (3) The referee's written opinion shall be binding on both parties. Where the referee supports the opinion of the member's general practitioner any costs shall be met by the fire authority; where the referee supports the opinion of the brigade medical adviser any costs shall be met by the member. (4) Where the fire authority decides to reduce a member's sick pay in the light of a decision by the brigade medical adviser but the matter is referred to an independent referee then, pending receipt of the referee's decision, the fire authority shall, should the member so request it, advance to the member a sum equivalent to his or her pay immediately before the decision to reduce was made subject to the member undertaking to refund such amount as the fire authority may determine should the independent referee's decision support the brigade medical adviser. 9. Continuation of sick leave pending medical appeal (1) Where a whole time member whose duties include a liability to engage in firefighting is dismissed on medical grounds and appeals against the dismissal under the terms of Rule H(2) Schedule 9 Part I of the Firefighter's Pension Scheme Order 1992 his or her period of notice shall be extended if necessary so that the result of the appeal is known before his or her service is terminated. (2) Where a retained member whose duties include a liability to engage in firefighting is dismissed on medical grounds he or she shall be granted similar right of appeal to an independent medical referee as that provided for whole time members under Rule H(2) Schedule Part I of the Firefighter's Pension Scheme Order 1992 and his or her period of notice shall be extended if necessary so that the result of the appeal is known before his or her service is terminated. 10. Third party damages Where a member is absent as a result of an accident the fire authority shall advance to the member a sum in lieu of and equivalent to sick pay if damages may be receivable from a third party in respect of such accident The member shall be requested to include in any claim for damages against a third party a sum equivalent to the said allowance and, where an element for loss of earnings is included in any reward, shall reimburse to the fire authority a sum representing the total amount of such allowance or the proportion thereof represented in the damages received. 11. Contact with infectious diseases In the case of contact with infectious or other diseases the member should not stay away from duty if he or she feels well but should report the fact to the appropriate person in the authority. However, a member who is prevented from attending work because of contact with an infectious disease shall be entitled to full sick pay and the period of absence on this account shall not be reckoned against the member's entitlements under this section. Scheme of Conditions of Service Section V PAY OF WHOLE TIME MEMBERS 1. Rates of pay (1) The rates of pay of members of brigades below the rank of assistant chief officer shall be as set out in circulars issued by the National Joint Council from time to time. (2) Pay entitlement is determined by age and length of service from the date of appointment to the rank held, subject to the provisions of paragraph 4 below and by the duty system to which the member is conditioned. (3) Rates of pay are expressed in terms of annual amounts. The corresponding weekly amounts are to be determined by dividing the annual figures by fifty two and one sixth, fractions of one pence being ignored. 2. Increased pay for acting as an assistant The rate of pay of a member of a brigade who is required, in addition to his or her ordinary duties, to act as an assistant to an officer of higher rank may be increased to such extent as the fire authority decide, subject to the approval of the National Joint Council. 3. Increased pay for additional responsibilities The rate of pay of a member of a brigade whose ordinary duties involve responsibilities additional to those normally attaching to his or her rank may be increased to such extent as the fire authority decide subject to the approval of the National Joint Council provided that a member's rate of pay shall not be increased under this paragraph in respect of any period during which his or her rate of pay is increased under paragraph 2 above or he or she is in receipt of an allowance under paragraph 13 of Section VI. 4. Qualifying service for pay purposes (1) THE COUNTING OF DISCONTINUOUS SERVICE AND SERVICE IN TWO OR MORE BRIGADES (a) After transfer from one brigade to another a member shall be entitled to count, for pay purposes, the service which he or she was entitled to count for the purposes of pay in his or her old brigade immediately before the date of transfer. (b) A member who joins a brigade, otherwise than by way of transfer, after having retired from the same or another brigade, may count for pay purposes, if the fire authority think fit, the service which he or she was entitled to count for such purposes in his or her old brigade immediately before he or she retired. © A member who joins a brigade in the rank of firefighter or fire control operator after a break in service for child care responsibilities, having previously achieved qualified status in that rank, shall, subject to the satisfactory completion of a probationary period not exceeding twelve months during which the member has demonstrated that he or she meets the qualified standard, be placed on the qualified rate of pay for that rank. The probationary period may be extended where the member has not demonstrated that he or she meets the qualified standard. (d) In this sub-paragraph a reference to the transfer of a member from one brigade to another is a reference to his or her leaving one brigade for the purpose of joining another provided that: (i) in the case of a transfer occurring before the 17th October 1960, and in the case of a transfer occurring on or after that date, of a member who has completed less than two years service as a regular firefighter within the meaning of the Firefiqhter's Pension Scheme at the time of the transfer, his or her leaving the first-mentioned brigade is with the written consent of the fire authority maintaining that brigade; (ii) in he case of any other transfer, the member, before so transferring, gives written notice of his or her intention to transfer to the fire authority maintaining the brigade which he or she leaves. The written consent of the fire authority to a member who has completed less than two years' service leaving that authority's brigade for the purpose of joining another brigade may be given after the member has left, but only if he or she has applied for such consent while still a member of the first mentioned brigade. (2) THE COUNTING OF SERVICE IN THE ARMED FORCES (a) A person who was a member of a brigade immediately before undertaking the service in the armed forces of the Crown mentioned in (b) below, and who within one month of the end of such service resumes service in his or her brigade or joins another brigade, shall be entitled, on resuming service or on joining the brigade, to reckon for the purposes of pay the service he or she was so entitled to reckon immediately before undertaking service in the armed forces of the Crown together with his or her service in those forces. (b) The service in the armed forces of the Crown referred to in (a) above in that specified in the First Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951, other than that specified in sub-paragraph (b) of paragraph 5 thereof. (3) THE COUNTING OF TEMPORARY EMPLOYMENT ON DUTIES CONNECTED WITH THE PROVISION OF FIRE SERVICES (a) A person who was a member of a brigade immediately before entering the temporary employment, on duties connected with the provision of fire services, mentioned in (b) below, and who within one month of leaving such employment resumes service in his or her brigade or joins another brigade, shall be entitled, on resuming service or on joining the brigade, to reckon for the purposes of pay the service he or she was so entitled to reckon immediately before entering the said temporary employment together with his or her service in that employment. (b) The temporary employment on duties connected with the provision of fire services referred to in (a) above is employment: (i) as an instructor at a training institution or centre established by the Secretary of State under Section 23 of the Fire Services Act 1947; (ii) as an inspector, assistant inspector or other officer appointed under Section 24 of the Fire Services Act 1947; (iii) entered upon under arrangements made by the Secretary of State in connection with the training in firefighting of members of the armed forces of the Crown; or (iv) entered upon under arrangements made by the Secretary of State in connection with the training and organisation of firefighting forces in a colony, protectorate, protected state or trust territory. (4) GENERAL PROVISIONS FOR THE COUNTING OF SERVICE FOR PAY PURPOSES (a) A member of a brigade who at the end of a period of promotion reverts to the rank which he or she held immediately before that period shall, for the purpose of assessing his or her pay entitlement, be deemed, subject to (b) below, to have held during that period the rank to which he or she so reverts. (b) Notwithstanding the provisions of (a) above, a member of a brigade who has been or is promoted shall, for the purpose of reckoning his or her service in the rank to which he or she is promoted, be entitled to reckon any previous period or periods of temporary promotion in that rank in the same brigade. © A member of a brigade who reverts to a lower rank for any reason shall be entitled to count as qualifying service for increments in the scale of pay for the rank to which he or she has been reduced the service in that brigade undertaken in that rank or any higher rank held prior to the reduction. (d) A member of a brigade who has transferred voluntarily to another brigade, in a rank lower than the rank formerly held, will be able to reckon for pay purposes service in that higher rank on any subsequent promotion thereto, provided that the voluntary transfer did not follow disciplinary action in which the punishment awarded was a reduction in rank. (e) In assessing the pay entitlement of a member of the brigade no account shall be taken of any period of unpaid leave unless the fire authority otherwise determine. (f) In assessing the pay entitlement of a member of a brigade in the rank of firefighter or fire control operator the following shall be disregarded: (i) service rendered by a firefighter before attaining the age of eighteen years; (ii) service rendered by a fire control operator before attaining the age of eighteen years, except in the case of a fire control operator who attained that age before 8th October 1951. (g) In assessing the pay entitlement of a whole time member on appointment in the rank of firefighter account shall be taken of service as a part time retained member on the basis of three years' part time service counting as one whole time year's service, subject to a maximum award of two increments. Note: This provides for entry above the minimum of the scale to be related to service and progression up the scale should therefore be in accordance with normal practice (three completed years of retained service counting as one whole time year). It is not to be applied in addition to the existing provisions for accelerated entry to the scale related to age. 5. Accelerated entry to the scales for firefighter and fire control operator (a) A member of a brigade, who, on appointment as a firefighter or fire control operator, has attained 22 years of age or over, shall enter the appropriate scale at the second point and shall proceed to the third point of the scale after completion of one year's satisfactory service. In no case of entry to the higher point, however, shall a firefighter or fire control operator proceed to the fourth point of the scale before he or she has completed three years' service in the rank. ... |
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