Anomalies pertaining to pay scales at AO, EOII and EOI grades within NICS.

Given the highly unusual and legally questionable situation which
has arisen within the Northern Ireland Civil Service where many
officers at the Administrative Officer grade are being paid a
higher basic salary than their supervisors at Executive Officer II
grade (see:
http://www.whatdotheyknow.com/request/ad...
)

Can you advise me by return as to the following:

The position of your Department and the Finance Minister on this
matter and your / his preferred outcome / proposed remedy to
address this farcical situation.

On the matter of the recently advertised external recruitment drive
to recruit officers at the aforementioned Executive Officer II
grade can you confirm the Departmental and ministerial position in
relation to existing Administrative Officers on the maximum of
their salary scale who might apply for these posts and be
successful in any such competition?

Can you confirm if it the case that in such circumstances the
successful officer, on appointment under the current terms and
conditions, would “leapfrog” the entire Executive Officer II pay
scale and be appointed at a salary point on the current Executive
Officer I pay scale?

Can you also confirm:

What other grades within the Northern Ireland Civil Service are
subject to such an anomaly on appointment?

And further what other grades within the Northern Ireland Civil
Service have officers at a lower grade earning a higher basic
salary than them?

Sincerely

Gordon Lamb

Linda,

Thank you for your reply, can I just ask you to clarify a few
points in relation to same?

In my original question I asked for “The position of your
Department and the Finance Minister on this matter and your/his
preferred outcome/proposed remedy to address this farcical
situation”.

To be absolutely clear. I am aware of the proposed methodology (the
pay and grading review), what I am seeking is clarification of your
/ the ministers preferred outcome / end result of that particular
methodology. Specifically if DFP / the minister are minded to
resolve this anomaly by amalgamating the EOII & EOI grades (the
most cost effective method) or are they minded towards a
realignment / uplift of EOII salary scales and a reduction of spine
points therein in order to avoid the situation?

On the matter of your reply to my question “Can you confirm if it
is the case that in such circumstances the successful officer, on
appointment under the current terms and conditions, would
“leapfrog” the entire Executive Officer 11 pay scale and be
appointed at a salary point on the current Executive Officer 1 pay
scale?”

Having referred to the NICS HR handbook as your reply suggested I
note therein that 3.2.2 states clearly

"Starting pay on promotion will be the better of:

a. applying the pay on promotion increase (under the 2006 NICS pay
settlement pay on promotion is 8% with effect from 1 August 2007,
increasing to 9% with effect from 1 August 2008) to your existing
basic
salary and moving to the equivalent (or next highest) pay point on
the new pay scale; or

b. moving to the minimum of the pay scale for the new substantive
grade."

In the circumstances I have outlined a 9% pay on promotion increase
is, quite clearly, the better of the two options on promotion.

Rudimentary mathematics tells me that an officer on any one of the
top three points of the Administrative Officer pay scale (currently
£21,490, £21,835 & £22,180) who is successful in this recruitment
competition would be appointed at a salary beyond the current
maximum of the EOII scale (currently £23,250) ie. £23,424, £23,800
and £24,176 respectively.

It would appear that unless you are prepared to knowingly /
intentionally disadvantage or discriminate against them by reneging
on the 9% pay on promotion increase element of the current terms
and conditions that this, quite clearly, contradicts your assertion
that "the maximum salary which could be applied would be the
maximum of the Executive Officer 11 payscale."

How does this leapfrogging anomaly tie in with your (DFP /
ministerial) supposed commitment to address / end the practice of
leapfrogging as outlined in your published “Final version” of the
Terms of reference http://www.dfpni.gov.uk/terms_of_referen...
in relation to the aforementioned comprehensive pay and grading
review?

Additionally, has the Department / minister put in place a
contingency or taken legal advice in relation to potential legal
cases which might come about as a result of Administrative Officer
applicants as described above being appointed at a higher starting
salary than staff currently in the EOII grade who, despite many
years of satisfactory and entirely competent service at that grade,
remain at the bottom of that particular pay scale?

Thanking you in anticipation of a full and prompt reply.

Gordon.

Dear Scott, Linda,

Can you please confirm receipt of my request for clarification on
some of the points contained in your reply of October 27th?

Additionally can I ask that you advise me as to when you might be
in a position to reply to same?

Many thanks in advance.

Yours sincerely,

Gordon Lamb

Dear Linda,

Many thanks for your prompt reply and acknowledgement, much
appreciated.

On the matter of an estimated response time. Am I to take it that
you anticipate replying within the ICO guidelines as far as
clarification is concerned or would it be your preference that I
seek clarification by way of another separate request under the
terms of the FOI?

As ever, many thanks in advance.

Sincerely

G.

Linda,

Once again many thanks. If I may might I just ask you for further
clarification of the following points?

Your reply states;

"Further response:- The undertaking to conduct a comprehensive pay
and grading review forms part of the equal pay settlement, within
which the EO2 position will be given a priority. Anomalies such as
overlapping pay scales and leapfrogging are being examined as part
of the Review. However, since the review is ongoing, it would not
be appropriate to comment on how particular grades may be affected
by any outworkings of the Review."

Without going into how particular grades may be affected by any
outworkings can I just ask you to confirm if "being examined"
means, ultimately, that the anomalies will be addressed and
rectified and that "leapfrogging" and inter grade (AO/EOII)
overlapping payscales will be abolished or do you mean, literally,
that the issues will simply be "examined"?

On the matter of my question "How does this leapfrogging anomaly
tie in with your (DFP ministerial) supposed commitment to
address/end the practice of leapfrogging as outlined in your
published “Final version” of the Terms of reference
http://www.dfpni.gov.uk/terms_of_referen... in relation to the
aforementioned comprehensive pay and grading review?..." and your
reply that "No further information is held in relation to the
question posed. As stated in my response above, it would be
inappropriate to comment on potential outcomes from the review
which is still ongoing."

My question was specific to the present tense, not the future.
Without wishing to be speculative with regards to the potential
outcomes of any review which is still ongoing - nor indeed in
relation to the ongoing recruitment of EOIIs - I think it is clear
that the current potential for leapfrogging suggests that the
correct answer in this particular context at this time is that the
position of the Department does not tie in with, but rather flies
in the face of, its stated / published position at March 16th 2011
as referenced via the link above.

Can you agree that this is the case?

Lastly, in relation to the reply to my query as to whether or not
the Department or Minister have taken legal advice on the matter of
the Equal pay claims I am surprised at your response "No further
information held" - especially given the fact that published
Hansard notes (
http://www.niassembly.gov.uk/record/comm...
) record clearly that the Department had, as recently as June 2011,
stated that it was in receipt of legal advice in relation to other
elements of the equal pay campaign (of which these matters are a
part).

On that basis could I ask you to revisit that part of my enquiry
and come back to me?

As ever, many thanks in advance.

Yours sincerely,

G

Linda,

Once again, many thanks.

Further to your most recent reply regrettably I am having
considerable difficulty locating / accessing "Derek Baker’s
“Notices to staff” sections of the Department of Finance and
Personnel website".

Can you provide by return a direct link to the document(s)regarding
"The position of the Department, and therefore the Minister, in
relation to the ongoing Comprehensive Pay and Grading Review (CPGR)
and on the outworkings of the Equal Pay Settlement" which you make
reference to?

Sincerely

Gordon