Agenda item

Pay and Legislation Update

To receive a report from the Director of People and Organisation providing an update to EHCC on several relevant pay and legislative issues.



The Employment in Hampshire County Council (EHCC) Committee considered a report of the Director of People and Organisation providing an update on a number of pay and legislation issues.


Members noted that the Trade Unions had submitted their pay claim for the April 2023 national pay award. The National Employers met on 23 February and made a full and final offer. There was a further meeting of the Employer’s side on 8 March, with the recognised unions (GMB, Unite and Unison) at which the Employer’s side reiterated the offer. However, the national committees of all three unions have rejected the offer.

Officers detailed a separate consultative ballot Unison had undertaken on two matters of dispute. Firstly, that the nationally negotiated additional day’s annual leave from the 2022 pay award does not apply to Hampshire County Council’s terms and conditions. This was because the annual leave entitlement for Hampshire staff is set by a local collective agreement, which Unison, GMB and Unite signed in 2007, not by the National Joint Committee. Secondly, Unison did not agree with minor changes made at the end of 2022 to the Salary and Sickness Absence policies. Unison have stated that 73% of members who responded to the ballot supported action on these matters, but had not shared what percentage of members responded.


Officers detailed a recent Supreme Court decision in the case of Harpur Trust –v- Brazel hive had seen an adjustment to how annual leave for part-year workers must be calculated. This decision will result in part-year workers receiving proportionately more annual leave for time worked than their full-year colleagues. Officers have implemented these changes in February 2023 payroll, backdated to 1 October 2020. However, central government had launched a consultation which may change and even reverse this position in the future.


Members noted that the Council planned to implement a salary sacrifice scheme to allow staff to purchase Ultra Low Emission Vehicles. This contributed to Hampshire’s target to be net-carbon neutral by 2050. EHCC noted that as these are considered company cars by HRMC, different fuel rates apply to normal business mileage claimed by employees in their own cars.


The committee were informed of central government’s published response on the ‘Make flexible working the default’ consultation, which is expected to see new legislation in the future to enact some changes in this area. Additionally, two recent consultations have also been launched, one in relation to holiday pay for part-year workers and one in relation to a new Statutory Code for dismissals and re-engagements.


Officers concluded by highlighting several Bills that were progressing through the House of Lords which would lead to new legislation in three areas:

·         minimum service levels during strikes,

·         extension of protection from redundancy during maternity leave, and

·         a new entitlement to one week’s unpaid leave for unpaid carers.




·         That EHCC note that the National Employer’s side has made a full and final offer to the Trade Unions side for the pay award to apply from 1 April 2023, which Unite, Unison and GMB have rejected. The Employer’s offer is;

o   a consolidated increase of £1,925 on salaries up to and including NJC spine point 43 (£49,590). This is pro-rata for part time staff,

o   a 3.88% pay increase on salaries above this.


·         That EHCC agree a pay award of 3.88% to apply to staff on Grades H and above, with effect from 1 April 2023. This is subject to the conclusion of the national negotiations and on the assumption that the Employer’s offer does not change.


·         That EHCC note the consultative ballot undertaken by Unison of its members in Hampshire County Council as well as the national strike of Teachers.


·         That EHCC note the impact of the Harpur Trust –v- Brazel Supreme Court ruling in relation to annual leave for part-year workers and irregular hours workers.


·         That EHCC agree that the wording in relation to ‘Public Holidays’ of the existing EHCC agreement be interpreted to mean ‘Public and Bank Holidays’ and that this includes any additional national public or bank holidays that may be announced from time to time.


·         EHCC to note that the Council will be implementing a new salary sacrifice scheme to allow staff to purchase Ultra Low Emission Vehicles. This will contribute to Hampshire’s target to be net-carbon neutral by 2050. EHCC also to note that staff claiming business mileage in their salary sacrifice car will be reimbursed using the HMRC Advisory Fuel Rates (AFR) which are dependent on fuel type and engine size.


·         That EHCC note the government’s response to the consultation on ‘Making flexible working the default’, two new consultations and the legislation passing through the House of Lords.

Supporting documents: