Dear Miss Davis

Re: Freedom of Information Request

Thank you for your email of 18^th November 2008, in which you asked for information on all performance related pay schemes in public sector bodies from the Ministry of Justice (MoJ). I apologise for the delay in responding to your request and regret any inconvenience caused.

Your request has been passed to me because I have responsibility for answering requests which relate to Ministry of Justice and your request has been handled under the Freedom of Information Act 2000 (FOIA).

I have conducted a thorough search of our paper and electronic records and I am pleased to inform you that we hold the information requested

The `core' Ministry of Justice (i.e. MoJ HQ, HM Courts Service, The Tribunals Service, the Office of the Public Guardian, the Judicial Appointments Commission).

Pay Progression for staff in the core Ministry of Justice is linked to performance assessed over the performance year.

Arrangement for the pay of Senior Civil Servants were covered in an answer to this request provided by the Cabinet Office.

Arrangements for staff in grades below the Senior Civil Servants are linked to the pay band which individual staff are attached to. There are six Pay Bands A-F.

Staff in Bands A-D who are Outstanding also receive a non consolidated performance bonus.

Staff in Bands E and F receive incremental progression annually assuming they have met their performance objectives during the previous performance year. Staff are appraised each year with two possible assessment ratings - Effective and Improvement Required.

d) The number of staff in Bands A-D is 10,660

The number of staff in Bands E and F is 16,070

d) This information is provided in D above.

NOMS Agency - the National Probation Service

Performance Related Pay Scheme NPS

The Performance Related Pay (PRP) arrangements will continue on a protected basis for three years from 1 April 2006 for existing staff as follows:

(a & b) PRP is only available for Chief Officers & Chief Executives - 42 staff.

(c&d)

Source: National Probation Service Human Resources Report: March 2008

NOMS Agency - Her Majesty's Prison Service

Senior Civil Service

Payband 1

Payband 2

Managerial grades

Senior Manager A

Senior Manager B

Senior Manager C

Senior Manager D

Manager E

Manager F

Manager G

Administrative, Secretarial and Support Grades

Administrative Assistant

Administrative Officer

Executive Officer

Instructional Officer

Personal Secretary

Senior Personal Secretary

Support Grade Band 1

Support Grade Band 2

Support Grade Band 2 Cleaner

Typing Manager

Typist

Professional, Technical and Specialist Grades

Catering Manager

Chaplain Payband One

Chaplain Payband Two

Farm Manager Drugs Workers

Medical Officer

Professional and Technology Officer

Psychological Assistant

Trainee Psychologist

Scientific Officer

Senior Medical Officer

Stores Officer Grade C

Stores Officer Grade D

Technical Grade 1

Industrial Grades

Industrial Grade 1

Industrial Grade 2

Industrial Grade 3

Industrial Grade 4

Industrial Grade 5

Senior Civil Service 31

Managerial grades 4,700

Administrative, Secretarial and Support Grades 8,300

Professional, Technical and Specialist Grades 1,400

Industrial Grades 3,500

Prison Officers

Principal Officer

Senior Officer

Prison Officer

Operational Support Grades

Operational Support Grade

Prison Auxiliary

Stores Grade

Assistant Stores Grade

Night Patrol

d) the approximate numbers of staff in each such category

Prison Officers 26,000

Operational Support Grades 6,700

Youth Justice Board

Pay Progression for staff in the YJB is linked to performance assessed over the performance year (01/04 to 31/03). The arrangements are linked to the grade band which individual staff are attached to.

a) There are two main bands:

AO to G6 - all staff who have completed 9 months or more service prior to the annual pay award in July of each year and have met their performance targets will receive a 4 `milestone' incremental increase in salary.

Where the individual is at the top of the salary scale for their grade a non-consolidated lump sum payment will be made.

Staff who achieve an excellent rating in their performance review receive an additional lump sum payment. This lump sum payment reflects 2% of their top of the scale for their grade.

SCS (grades 5-3)- 5 members of staff fall within the SCS bracket and their pay award is structured via Home Office SCS rules.

B)

C) There are no grades that do not fall within one of the schemes named in section a.

D) As per section C-None

Information Commissioner's Office

The ICO's pay scheme does have a performance element to it which applies to all staff in the organisation. Essentially, only those staff rated satisfactory or above in the PDR review process is entitled to a pay increase. Those staff who receive an exceptional rating receive a slightly higher pay increase. Those staff who are rated as unsatisfactory would not get a pay increase at all that year.

Stepped progression

For job Levels A - G there is a system of stepped progression during the first few years of employment with the ICO.

Job levels A and B have an Entry Rate followed by two progression steps, and job levels C to G have an Entry Rate followed by three progression steps.

Job level H does not have any stepped progression as the pay of senior managers at this level is determined by the ICO Remuneration Committee.

Competency zone

After your pay has progressed through the `stepped progression' part of the pay range you will then enter the `Competency based progression' zone.

Your salary progression each year will then be dependent on the outcome of your annual Performance and Development Review. For the purposes of determining pay increases there are three possible outcomes to your review: Exceptional; Satisfactory (Good); and Unsatisfactory.

The percentage increase applied to staff given an Exceptional or Satisfactory rating in their review is determined on a year by year basis. The amount of the increases will be dependent upon:

Staff who receive an `Unsatisfactory' rating at their Performance and Development Review do not receive a pay increase.

The Legal Services Commission

The LSC operates a performance-related pay system whereby salaries for employees who are graded at Band A to D are reviewed annually as part of the pay review, which is negotiated nationally with the recognised Trade Unions, linked to Performance Development Review (PDR) ratings, and position within the salary band.

The system is applicable to employees who are within pay band A to D and consists of both consolidated and non-consolidated pay elements.

For each role within a band there is a pay range and a target range, the latter of which an effective performer will be expected to achieve within an agreed period of time (typically 2 years of joining or thereabouts depending upon their commencement date). Progress beyond the target range will depend upon demonstrating more than effective performance. Beyond the target range, there will be a greater emphasis upon non-consolidated performance-related pay.

The PDR process consists of formal meetings between the employee and their line manager twice a year, in line with the business planning process, May or June and November or December. The employee's PDR rating in the May/June PDR meeting will influence their annual pay increase (subject to any national budgetary constraints) from 1 August. The range of percentage increases available for the different ratings is agreed collectively at a national level.

There are three performance ratings - “contributes exceptionally”, “contributes successfully” and “development required”. The percentage of what an employee will receive as a consolidated increase or non-consolidated increase is influenced by the following factors:

The LSC also operates performance related non-consolidated performance pay in recognition of those staff that have exceeded their objectives and made contributions to the organisation that exceeded expectations. This will only apply to employees who have as a minimum been rated as “contributes successfully” or “contributes exceptionally”.

Non-consolidated performance related pay targets one-off in year contributions that are particularly significant, examples being excellent customer service, improved efficiency, successful one off pieces of work that add significant value to the business and sustained good performance at top end of succeeded but not exceeded. The average level of performance related non-consolidated pay would be for a small number of employees and would average approximately 3%.

The SCS equivalent pay bands are covered by separate arrangements that mirror the SCS Civil Service scheme - for the purposes of this report Executive Director or Director SCS equivalent levels, of which we have 21 posts.

A Pay Committee with appropriate membership (including external scrutiny) meets annually to agree any performance related consolidated or non-consolidated performance pay awards. The Pay Committee considers pay guidance from the Cabinet Office each year in making recommendations on any consolidated pay awards and the overall performance of the LSC when deciding the % non-consolidated pay awards based on:

Any % award would be based on an objective review of individual performance against each of the criteria and PDR.

The Northern Ireland Court Service and the Northern Ireland Judicial Appointments Commission (NIJAC).

Pay progression for staff employed by the Northern Ireland Court Service and NIJAC is linked to performance assessed over the reporting year. The arrangements are linked to the pay band to which each individual is attached.

1 Staff below Senior Civil Service

1.2 Staff awarded a Box 1 or Box 2 are increased to the next point in their pay band. In addition, a non consolidated performance bonus is paid. The value of the bonus depends on the money available for the pay award and the number of each box marking awarded across the Department.

1.3 Staff who are at the highest point in their pay band will have their salary increased to the new pay point value. Any additional pay increase will be non consolidated.

1.4 Staff awarded a Box 3 do not receive any pay increase for the performance period.

1.5 The number of staff in each grade/pay band is as follows (inclusive of staff employed by the Court Service but on secondment/loan to other departments and NDPBs):

Northern Ireland Court Service

NIJAC

1.6 All staff employed by the Northern Ireland Court Service and NIJAC fall into one of the above pay bands. There are no posts for which these arrangements (or the arrangements for SCS pay) do not apply.

2 Pay increases for SCS posts

2.1 There are 9 SCS staff employed by the Northern Ireland Court Service, and 1 by NIJAC.

2.2 SCS pay arrangements reflect the recommendations of the Senior Salaries Review Board (SSRB) and the departmental Pay Strategy.

2.3 The increase in SCS base salary is based on assessment of the individual's contribution under a range of performance related factors. In accordance with Cabinet Office guidance, SCS members' performance is allocated to one of four performance groups (with group 1 being the strongest performer). The increase to base salary is determined by the individual's group marking. Those in group 4 may not receive any increase to base salary.

2.4 In addition, in-year performance against business objectives is rewarded through payment of a non consolidated bonus. Bonus payments are made to group 1 and group 2 performers so that strongest performers are most highly rewarded. Those in group 3 will only receive a bonus in exceptional circumstances. Those in group 4 will not receive a bonus payment.

The Northern Ireland Legal Services Commission

Prior to August 2006 all staff in the Northern Ireland Legal Services Commission (NILSC) were placed on individual pay points. A three year pay settlement was negotiated in May 2008 backdated to April 2006 whereby all staff were assimilated onto an agreed pay scale; part of the pay settlement was the reduction of pay point's year on year.

During the 3-year period, salaries could not be linked to performance related pay due to the reduction of the number of pay points.

a) There are seven Pay Bands for staff graded from Clerical Officer - Director (Grade 6). Staff were appraised each year with five possible assessment ratings available depending on the individual's performance over the year - assessed on a scale of 1-5. Staff within the seven pay bands who receive a box marking of 1 or 2 received a non consolidated performance bonus.

Staff on the maxima of their pay band received a non consolidated payment.

b) The number of staff in the seven pay bands is 146

The number of staff not in the seven pay bands is 1

c) For the Chief Executive (Grade 5) there is a facility for an annual increase based on performance assessed by the Remuneration Committee of the Board and approved by the Accounting Officer of the Northern Ireland Court Service i.e. a percentage consolidated increase and a non consolidated performance bonus.

d) See b above

All staff working in the Northern Ireland Legal Services Commission are attached to one of the seven pay bands. The Chief Executive is attached to the Northern Ireland Court Service (grade 5) pay band.

Source: Northern Ireland Legal Services Commission salary records Jan 09

As part of our obligations under the FOIA, the MoJ has an independent review process. If you are dissatisfied with this decision, you may write to request an internal review. The internal review will be carried out by someone who did not make the original decision, and they will re-assess how the Department handled the original request.

If you wish to request an internal review, please write or send an email to the Data Access and Compliance Unit within two months of the date of this letter, at the following address:

Data Access and Compliance Unit

Information Directorate

Ministry of Justice

6^th Floor, Zone B

Post point 6.23

102 Petty France

London

SW1H 9AJ

e-mail: [email address]

If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner's Office under Section 50 of the FOIA. You can contact the Information Commissioner's Office at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet: https://www.ico.gov.uk/Global/contact_us.aspx

Yours sincerely

Claire Green

Group HR Secretariat

Human Resources Directorate

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