The capping of special duty pay for MPTC workers

Summary

The requester sought documentation authorizing the capping of special duty pay for MPTC workers, specifically an agreement by the Joint Negotiating Committee (JNC). The Cabinet Office determined it does not hold any information regarding this request created on or after 11 October 2011, resulting in the request not being fulfilled.

Key Facts

• The request concerned Section 5.4.7 of the Payroll policy document regarding special duty pay capping for MPTC staff.
• The requester clarified they wanted a copy of the JNC agreement authorizing the local policy but could not provide a date range.
• The Cabinet Office concluded it holds no information on this topic created on or after 11 October 2011.
• The response cites Section 4(1) of the Freedom of Information Act 2015 as the basis for the determination.
• The outcome of the request was 'Not required to fulfill request'.

Data Disclosed

• 4604112
• 2025-04-21
• 2025-05-23
• 2025-05-01
• 2025-05-02
• 19 May 2025
• 11 October 2011
• 1 April 2006
• Section 5.4.7
• Scale F
• Band 6
• Section 4(1)

Exemptions Cited

• Section 4(1) of the Freedom of Information Act 2015 (Information not held)

Original Request

Section 5.4.7 of the Payroll policy document used to calculate the special duty pay of staff employed under MPTC states that 'if the hourly rate exceeds the capped rate then the capped rate is used otherwise the plain time rate is used'. 1. Could you please supply all documentation related to and authorising this capping policy held by the Office of Human Resources, as part of the Cabinet Office, and associated Government bodies, such as the DHSC and Manx Care, including agreements made with any relevant unions, such as the RCN etc. 2. Section 5.4.7 also refers to Scale F on the Nursing & Midwifery Scales. As scale F has not existed for many years, the capped rate has been fixed at mid-point band 6 on the MPTC scales. Could you please supply all documentation related to and authorising this aspect of the policy held by the Office of Human Resources, as part of the Cabinet Office, and associated Government bodies, such as the DHSC and Manx Care, including agreements made with any relevant unions, such as the RCN etc. On 1 May we wrote to seek clarification from you as follows: "We need to seek clarification from you as the above request is too broad and we would need to consider the burden placed on the Cabinet Office to meet the request due to the amount of documents which would have to be reviewed. We are unable to process your request as currently worded 'all documentation related to and authorising'. To help us to understand your request, please describe more clearly the exact information that you require and narrow down your request. To allow us to fully understand your request and to enable us to search, locate and identify exactly what you are looking for please can you: * Narrow down the scope of documents required by date range * Provide specific date ranges for each recorded information item and document that you are seeking * Confirm is it a specific type of document that you require or on a particular topic? For example, all records held in relation to decisions made by the MPTC JNC in relation to the capping Please note, a Freedom of information request can only be made in respect of information created on or before 11 October 2021. The Freedom of Information Act 2015 applies in relation to information created on or after 11 October 2011. Therefore, this request made under the Freedom of Information Act would not include records relating to the development and implementation of Manx Pay Terms and Conditions which was with effect from 1 April 2006. On 2 May 2025 you replied by e-mail and provided clarification as follows: "Perhaps if I explained my issue then it may help. 1. Manx Care have stated that all pay related issues for staff employed under Manx Pay Term & Conditions are covered under the MPTC guidelines which are available online, and these in turn are guided by the UK General Whitley Council. 2. The UK Whitley Council does not have any caveats for the capping of special duty pay. 3. There is section (5.4.7) in the local policy followed by payroll however that does cap pay. I would simply like to have a copy of the agreement made by the JNC that authorises this local policy. I can not tell you any date range, because I have no idea when this agreement was made. A joint decision must have been at some time to cap pay, I would just like to see it."

Data Tables (1)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244
Website: www.gov.im/co

Our ref: 4604112 19 May 2025

Dear ###

We write further to your request received 21 April 2025, which states:

"Section 5.4.7 of the Payroll policy document used to calculate the special duty pay of staff employed under MPTC states that 'if the hourly rate exceeds the capped rate then the capped rate is used otherwise the plain time rate is used'.

1. Could you please supply all documentation related to and authorising this capping policy held by the Office of Human Resources, as part of the Cabinet Office, and associated Government bodies, such as the DHSC and Manx Care, including agreements made with any relevant unions, such as the RCN etc.

2. Section 5.4.7 also refers to Scale F on the Nursing & Midwifery Scales. As scale F has not existed for many years, the capped rate has been fixed at mid-point band 6 on the MPTC scales. Could you please supply all documentation related to and authorising this aspect of the policy held by the Office of Human Resources, as part of the Cabinet Office, and associated Government bodies, such as the DHSC and Manx Care, including agreements made with any relevant unions, such as the RCN etc.”

On 1 May we wrote to seek clarification on your request. We asked if it was possible to be specific about the date range of the information requested and whether for example your request sought all records held in relation to decisions made by the MPTC JNC in relation to the capping. On 2 May 2025 you provided clarification:

“I would simply like to have a copy of the agreement made by the JNC that authorises this local policy. I cannot tell you any date range, because I have no idea when this agreement was made. A joint decision must have been at some time to cap pay, I would just like to see it."

Following receipt of the clarification on your request the Cabinet Office can determine that it does not hold any information in relation to your request created on or after 11 October 2011. Section 4(1) of the Freedom of Information Act 2015 states that the Act only applies to information created on or after 11 October 2011. This means that Cabinet Office is not required to comply with your request for information under sections 11(3)(c) of the Freedom of Information Act 2015.

You may wish to submit a request under the Code of Practice for Access to Government Information which covers access to information prior to October 2011 which can be found here: https://www.gov.im/categories/home-and- neighbourhood/code-of-practice-on-access-to-government-information-access-code/.

However, for advice and assistance, you may want to contact Anne Corkill, Director HR Shared Services, Office of Human Resources in the first instance who may be able to provide some useful advice on the topic.

We have provided Ms Corkill’s contact details to you under separate cover.

Please quote the reference number 4604112 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.