Contracts

Summary

The requester sought employment contracts, compliance definitions, and data on salary overpayments and audits from Manx Care. The authority provided the contract and audit details but withheld specific overpayment statistics due to data sensitivity and directed the requester to a public website for compliance definitions.

Key Facts

• Manx Care provided a copy of the standard employment contract for Spine Point 37 (Band 8A) employees.
• Information regarding the term 'Compliance' was deemed reasonably accessible via the public website hr.gov.im.
• Specific breakdowns of salary overpayment numbers and reasons were withheld due to the sensitivity of the data.
• The overpayment policy is currently being redrafted for internal approvals.
• Payroll is audited annually by external auditors and the Public Sector Pensions Agency (PSPA).

Data Disclosed

• 2025-05-27
• 2025-06-17
• Spine Point 37
• Band 8A
• last five years
• section 20

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (information already reasonably accessible)
• Sensitivity of the data

Original Request

Dear Manx Care, Under the Freedom of Information Act 2015, I would be grateful if you could provide the following information: 1. A copy of the standard employment contract issued to Manx Care employees appointed at Spine Point 37 (Band 8A). 2. Any internal documentation, policies, or definitions explaining the term "Compliance" as it appears in Manx Care employment contracts or pay progression policies. 3. Any guidance, policy, or internal correspondence that outlines how 'Compliance' affects eligibility for Band 8A pay rates. 4. The number of Manx Care employees who have been asked to repay salary overpayments in the last five years. Please include the reason given for each overpayment, broken down by category (e.g. payroll error, contractual misinterpretation, non-compliance with criteria, etc.). Please also confirm whether Manx Care formally agreed in any such cases to continue paying a higher rate before later seeking repayment. 5. Any internal audits, policy reviews, or investigations carried out in the past five years regarding payroll errors, incorrect banding, or repayment requests. I am not seeking any personal or identifying information, and I understand that any such data may be redacted in line with the Act. If there is any clarification you require, please do not hesitate to contact me directly so I might clarify or refine the request. Thank you.

Data Tables (5)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 4687305 11 June 2025

Dear

We write further to your request, received 27 May 2025, which states:

"Dear Manx Care,

Under the Freedom of Information Act 2015, I would be grateful if you could provide the following information:

1. A copy of the standard employment contract issued to Manx Care employees appointed at Spine Point 37 (Band 8A).

2. Any internal documentation, policies, or definitions explaining the term "Compliance" as it appears in Manx Care employment contracts or pay progression policies.

3. Any guidance, policy, or internal correspondence that outlines how 'Compliance' affects eligibility for Band 8A pay rates.

4. The number of Manx Care employees who have been asked to repay salary overpayments in the last five years.

Please include the reason given for each overpayment, broken down by category (e.g. payroll error, contractual misinterpretation, non-compliance with criteria, etc.).

Please also confirm whether Manx Care formally agreed in any such cases to continue paying a higher rate before later seeking repayment.

1. Any internal audits, policy reviews, or investigations carried out in the past five years regarding payroll errors, incorrect banding, or repayment requests.

I am not seeking any personal or identifying information, and I understand that any such data may be redacted in line with the Act.

If there is any clarification you require, please do not hesitate to contact me directly so I might clarify or refine the request.

Thank you."

Response

1. A copy of the standard employment contract issued to Manx Care employees appointed at Spine Point 37 (Band 8A).
   Please see attached document.

2. Any internal documentation, policies, or definitions explaining the term "Compliance" as it appears in Manx Care employment contracts or pay progression policies.
   While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

Details are available on this website; https://hr.gov.im/terms-conditions-for-employees/mptc/part-2-pay/career-and-pay- progression/

1. Any guidance, policy, or internal correspondence that outlines how 'Compliance' affects eligibility for Band 8A pay rates.
   The overpayment policy is currently being redrafted for internal approvals. The policy outlines the role of managers in overpayment situations and the responsibility of individual employees in terms of expectations of repay.

2. The number of Manx Care employees who have been asked to repay salary overpayments in the last five years.
   Please include the reason given for each overpayment, broken down by category (e.g. payroll error, contractual misinterpretation, non-compliance with criteria, etc.).

Please also confirm whether Manx Care formally agreed in any such cases to continue paying a higher rate before later seeking repayment.
We do not break this down by departments (which for this purpose Manx Care is regarded as one) due to sensitivity of the data.

1. Any internal audits, policy reviews, or investigations carried out in the past five years regarding payroll errors, incorrect banding, or repayment requests.
   Payroll is audited each year by external auditors and also audited by the PSPA (Public Sector Pensions Agency) Auditors.

Please quote the reference number 4687305 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

Manx Care Manx Pay Terms & Conditions Statement of Written Particulars of Terms and Conditions of Employment
This document sets out your principal terms and conditions of employment. It incorporates the Written Particulars required by the Employment Act 2006 and, together with the Manx Pay Terms & Conditions Handbook constitutes your terms and conditions of employment. The Manx Pay Terms & Conditions Handbook is available on the Isle of Man Government website, https://hr.gov.im/terms-conditions-for-employees/mptc/. If you do not have access to the internet and wish to view all or any section of the Handbook, please contact the Office of Human Resources as detailed in your Offer of Employment letter. Employer Manx Care Name of Employee Tapfuma Chirashe The Role This role is Manannan Court Ward Manager on the staff of Manx Care. Place of Work Your normal place of work will be Manannan Court but in the interest of the service you may be re-located within Manx Care. Start Date Your start date in this role will be set out in your Confirmation of Start Date correspondence which will be issued upon completion of your pre-employment checks. Continuous Service As a new employee to Manx Care, your date of continuous employment will commence from your start date in this role. Collective Bargaining Arrangements Certain terms and conditions of your employment with Manx Care are contained in agreements that are negotiated and agreed by the Joint Negotiating Committee. From time to time, variations in the terms and conditions of employment resulting from the collective bargaining arrangement between management and the unions will be incorporated into the Manx Pay Terms and Conditions. Hours of Work Your normal hours of work will be 37.5 hours per week, exclusive of meal breaks. Your days of work will be Monday, Tuesday, Wednesday and Friday. Disclosure and Barring Service Check Renewal You will be required to register to the DBS Update service, you will need to pay the fee when you register but it will be refunded by DBS. Registration is required within 30 days of the DBS certificate being issued. If you do not register this will result in you obtaining a further DBS check in 3 years’ time at your own cost. Employees must provide a DBS certificate prior to commencing work and then subsequently, at least once, every 3 years throughout their appointment. More information on the DBS Update Service is here: https://www.gov.uk/dbs- update-service Salary
This role is banded band 8a. Your salary on appointment would be £61,611 per annum (MPTC point 35) on the salary scale £61,611 to £73,492 per annum (spine points 35 to 40).
Progression within the Pay Band is in accordance with the Knowledge and Skills Framework (KSF). Where applicable your salary point may be increased following verification of your service from your previous employer. Please note that it is the employee’s responsibility to provide evidence of current/latest salary within 6 months of commencement date in accordance with Section 12.7 of the Manx Pay Terms and Conditions. Your salary will be paid monthly, by Bankers Automated Clearing System (BACS) on the 25th day of each month, or the nearest working day prior to the 25th if this falls on a weekend/public holiday. Pay information, including your payslip will be given to you electronically via our self-service HR and Payroll system. In the event of any error leading to an overpayment of salary, the provisions of the Isle of Man Government Financial Regulations will apply. The Manx Pay, Terms and Conditions Handbook provides details of allowances payable in certain circumstances, including subsistence allowances, travelling expenses payable for absences on duty and official journeys and mileage allowances payable to employees authorised to use their own vehicles for official journeys (Annex L - N of the Handbook). Overtime
Overtime is not available for this role but you may request to take time back in lieu of extra hours worked. Increment Month Your increment month will be the same as the month that you commence in this role. Annual Leave The holiday year runs from 1st April to 31st March each year. The annual leave and public holiday provision under Manx Pay, Terms and Conditions is as per below table on the basis of a Whole Time Equivalent. Your leave entitlement is dependent on your length of service. Length of Service Annual Leave and General Public Holidays (Days) Annual Leave and General Public Holidays (Hours) Total Leave Entitlement Effective 1 April 2008 On appointment 27 plus 10 GPH 202 ½ plus 75 GPH 277 ½ hours After 5 years 29 plus 10 GPH 217 ½ plus 75 GPH 292 ½ hours After 10 years 33 plus 10 GPH 247 ½ plus 75 GPH 322 ½ hours Effective 1 April 2010 staff with 20 years’ continuous Isle of Man DHSC/Manx Care service will be entitled to the following leave: 20 years 35 plus 10 GPH 262 ½ plus 75 GPH 337 ½ hours On occasion the annual leave year may contain a greater or lesser number of GPH than the 10 stated. It is recognised that staff may either have a positive carry over or a negative carry over equivalent to the number of GPHs extra in that year. NB Where during the course of a relevant leave year a person completes the necessary length of service to qualify for a higher leave allowance category the amount of leave in that year will be calculated by reference to the provisions of paragraph 13.16 of the Manx Pay, Terms and Conditions Handbook. On returning to NHS employment, previous NHS service (aggregated if discontinuous) may be counted towards the annual leave entitlement. Based on your previous service (including aggregated if applicable) your annual leave entitlement on commencement of your post will be 27 leave days per annum.
In addition you shall be eligible to public holidays as set out below. New Year's Day TT Bank Holiday Good Friday Tynwald Day Easter Monday Late August Early May Bank Holiday Christmas Day Late May Bank Holiday Boxing Day The granting of paid time off on public holidays is reduced pro rata for part-time employees. Where holidays have been taken in excess of entitlement at the date of termination of employment such excess will be deducted from monies due. All holiday dates must be agreed in advance with your Line Manager. In your own interest you should not make any holiday bookings until the dates have been mutually agreed. Pay during annual leave will include regularly paid supplements (regularly paid supplements means any enhancements you attract from working your contracted hours) including any recruitment and retention premia (if it exists at the time). Pay is calculated on the basis of what you would have received had you been at work. If for whatever reason you leave having taken in excess of your accrued entitlement, we reserve the right to deduct the appropriate amount from your wages. Any accrued holiday not taken will be paid for at your normal basic rate. Sickness Absence Employees absent from work owing to illness will be eligible, subject to MPTC conditions, to receive sick pay in accordance with the following scale: Length of Service Amount of Sick Pay During first year of service One month’s full pay and two months’ half pay During second year of service Two months’ full pay and two months’ half pay During third year of service Four months’ full pay and four months’ half pay During fourth and fifth years of service Five months’ full pay and five months’ half pay After completing five years of service Six months’ full pay and six months’ half pay For Sick Leave entitlement your start date within Manx Care/Department of Health and Social Care will be applied (section 12.3 Manx Pay, Terms and Conditions Handbook). For further details of the arrangements for sickness absence, please refer to Section 14 of the Handbook. Manx Care will provide you with further information relating to procedures for notification of absence upon commencement in this role. Sickness Abatement Scheme Please note that you will automatically be entered into the sickness abatement scheme unless you wish to opt out. The sickness abatement scheme is an arrangement between yourself and the Department to draw full pay as an alternative to drawing separate Social Security benefit and your pay being reduced by the amount of that benefit for as long as you may be eligible for sick leave on full pay. Should you wish to opt out of the scheme please request this in writing. Discipline and Grievance Procedures The discipline and grievance procedures and the methods of appeal and redress are as set out in the Manx Care Policies and Procedures for Discipline and Grievance. Full details are available from your line manager or Head of Team. You have the right to appeal against any disciplinary decision made against you. Notice Period The minimum period of notice Manx Care will give to you is as follows: • Bands 1-4 four weeks • Bands 5-7 eight weeks • Bands 8 + twelve weeks With the exception that if you have more complete years of continuous employment than the notice period stated for your band above then the statutory notice period will apply up to a maximum of 12 weeks’ notice. The period of notice that you are required to give Manx Care is as follows: • Bands 1-4 four weeks • Bands 5-7 eight weeks •

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