analogous terms and conditions
| Authority | Cabinet Office |
|---|---|
| Date received | 2020-12-29 |
| Outcome | All information sent |
| Outcome date | 2021-01-15 |
| Case ID | 1616273 |
Summary
The requester asked if there is a shared understanding with trade unions regarding 'analogous terms and conditions' for public servants and whether harmonisation is expected. The Cabinet Office responded that no such shared understanding exists, as terms vary by individual contract, and there is no general expectation for harmonised conditions across the public sector.
Key Facts
- There is no shared understanding with trade unions that standardised civil servant terms apply by analogy to other public servants.
- Terms and conditions are determined by individual employment contracts which vary from one employee to another.
- Trade union involvement depends on the existence of specific Recognition Agreements between the employer and the union.
- Other public sector employers may choose to adopt IOMG corporate HR policies but are not required to do so.
- There is no general expectation of harmonised terms and conditions throughout the Isle of Man public sector.
Data Disclosed
- 1616273
- 2020-12-29
- 2021-01-15
- 3
- 1
- IM1 3PN
- 01624 686244
Original Request
Is there a shared understanding with one or more trade unions that "analogous terms and conditions" means where a public servant in a part of the public sector does not have specific terms and conditions equivalent to a civil servant then the standardised civil servant terms and conditions apply unless they are specifically adopted as amended or disapplied, is the basis of that shared understanding an informal agreement or formal agreement, would disingenuously claimed compliance (but in fact non-compliance) or outright non-compliance with any such shared understanding by any part of the wider public sector demonstrate contempt of efforts to maintain a constructive working relationship with progressive policies and procedures of the Office of Human Resources and the principle of negotiations in good faith and finally are any new or amendments to existing policies and procedures circulated to each part of the wider public sector and is there a general expectation of harmonised terms and conditions within a rationalised timescale?
Data Tables (2)
| “Is there a shared understanding with one or more trade unions that |
|---|
| "analogous terms and conditions" means where a public servant in a part of |
| the public sector does not have specific terms and conditions equivalent to a |
| civil servant then the standardised civil servant terms and conditions apply |
| unless they are specifically adopted as amended or disapplied?” |
| There is no shared understanding, it is a matter for individual terms and conditions of |
| service incorporated into the contracts of employment of the employee concerned, |
| which vary from one employment contract to another. The extent to which some or all |
| of the terms of the contracts are negotiated or consulted upon with Trades Unions |
| depends on whether or not Trade Union Recognition Agreements or other such |
| arrangements exist between the employer and one or more Trades Unions. |
| “Is the basis of that shared understanding an informal agreement or formal |
| agreement?” |
| Not applicable – please see above. |
|---|
| “would disingenuously claimed compliance (but in fact non-compliance) or |
| outright non-compliance with any such shared understanding by any part of |
| the wider public sector demonstrate contempt of efforts to maintain a |
| constructive working relationship with progressive policies and procedures |
| of the Office of Human Resources and the principle of negotiations in good |
| faith?” |
| Not applicable – please see above |
| “and finally are any new or amendments to existing policies and procedures |
| circulated to each part of the wider public sector and is there a general |
| expectation of harmonised terms and conditions within a rationalised |
| timescale?” |
| All Isle of Man Government (IOMG) corporate HR Policies and Procedures are notified |
| to employers at the time of production and apply to Isle Of Man Government |
| employers. Other public sector employers, may or may not choose to adopt such |
| policies, having regard to the requirements of any collective bargaining arrangements |
| which may exist. Employers who choose to adopt elements of the Civil Service |
| Regulations on a by-analogy basis for their employees are able to access the current |
| regulations at any time by visiting: https://hr.gov.im/terms-conditions-for- |
| employees/civil-service/. |
| There is no general expectation of harmonised terms and conditions throughout the |
| public sector. |
Full Response Text
Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co
Our ref: 1616273 15 January 2021
Dear ###
We write further to your request which was received on 29 December 2020 and which states:
"Is there a shared understanding with one or more trade unions that "analogous terms and conditions" means where a public servant in a part of the public sector does not have specific terms and conditions equivalent to a civil servant then the standardised civil servant terms and conditions apply unless they are specifically adopted as amended or disapplied, is the basis of that shared understanding an informal agreement or formal agreement, would disingenuously claimed compliance (but in fact non-compliance) or outright non-compliance with any such shared understanding by any part of the wider public sector demonstrate contempt of efforts to maintain a constructive working relationship with progressive policies and procedures of the Office of Human Resources and the principle of negotiations in good faith and finally are any new or amendments to existing policies and procedures circulated to each part of the wider public sector and is there a general expectation of harmonised terms and conditions within a rationalised timescale?"
Our response to your request is as follows: “Is there a shared understanding with one or more trade unions that "analogous terms and conditions" means where a public servant in a part of the public sector does not have specific terms and conditions equivalent to a civil servant then the standardised civil servant terms and conditions apply unless they are specifically adopted as amended or disapplied?” There is no shared understanding, it is a matter for individual terms and conditions of service incorporated into the contracts of employment of the employee concerned, which vary from one employment contract to another. The extent to which some or all of the terms of the contracts are negotiated or consulted upon with Trades Unions depends on whether or not Trade Union Recognition Agreements or other such arrangements exist between the employer and one or more Trades Unions. “Is the basis of that shared understanding an informal agreement or formal agreement?”
Not applicable – please see above. “would disingenuously claimed compliance (but in fact non-compliance) or outright non-compliance with any such shared understanding by any part of the wider public sector demonstrate contempt of efforts to maintain a constructive working relationship with progressive policies and procedures of the Office of Human Resources and the principle of negotiations in good faith?” Not applicable – please see above “and finally are any new or amendments to existing policies and procedures circulated to each part of the wider public sector and is there a general expectation of harmonised terms and conditions within a rationalised timescale?” All Isle of Man Government (IOMG) corporate HR Policies and Procedures are notified to employers at the time of production and apply to Isle Of Man Government employers. Other public sector employers, may or may not choose to adopt such policies, having regard to the requirements of any collective bargaining arrangements which may exist. Employers who choose to adopt elements of the Civil Service Regulations on a by-analogy basis for their employees are able to access the current regulations at any time by visiting: https://hr.gov.im/terms-conditions-for- employees/civil-service/. There is no general expectation of harmonised terms and conditions throughout the public sector. Please quote the reference number 1616273 in any future communications.
Your right to request a review
If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.
An electronic version of our complaint form can be found by going to our website at
https://services.gov.im/freedom-of-information/Review . If you would like a paper
version of our complaint form to be sent to you by post, please contact me and I will
be happy to arrange for this. Your review request should explain why you are
dissatisfied with this response, and should be made as soon as practicable. We will
respond as soon as the review has been concluded.
If you are not satisfied with the result of the review, you then have the right to appeal
to the Information Commissioner for a decision on;
1. Whether we have responded to your request for information in accordance with
Part 2 of the Freedom of Information Act 2015; or
2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any
time, attempt to resolve a matter by negotiation, conciliation, mediation or another
form of alternative dispute resolution and will have regard to any outcome of this in
making any subsequent decision.
More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.
Yours sincerely