CONTENTS

Preface
Section 1	Constitution
Section 2	Fairness and dignity at work
Section 3	Roles and responsibilities
Section 4	Conditions of service framework
	A Duty systems and hours of duty
	B Pay
	C Leave
	D Maternity, childcare and dependency provisions
	E Allowances and reimbursements
Section 5	Health issues
	A Health, safety and welfare
	B Occupational health
Section 6	Procedural issues
	A Grievances
	B Conduct, capability and discipline
	C Local consultation and negotiation
Section 7	Miscellaneous conditions
Appendix A Model policy on fairness and dignity at work
Appendix B Interim protection arrangements
Appendix C Explanatory notes
Index
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PREFACE TO THE SIXTH EDITION

2004

1. The role of local authority fire and rescue services in the United Kingdom is the reduction in the loss of life, injury, economic and social cost arising from fires and other hazards. The service is responsible for:

Risk reduction and risk management in relation to fires and some other types of hazard or emergency.

Community fire safety and education.

Fire safety enforcement.

Emergency responses to fires and other emergencies where it is best fitted to act as the primary agency responsible for the rescue of people including road traffic accidents, chemical spillages and other large-scale incidents such as transport accidents.

Emergency preparedness coupled with the capacity and resilience to respond to major incidents of terrorism and other chemical, biological, radiological and nuclear threats.

3. The NJC’s overall aim is to support and encourage the delivery of high quality services by a competent, well-developed, motivated, and diverse workforce, with security of employment. The following principles are fundamental to the achievement of this aim:

Equality in employment and employee relations, the removal of discrimination and the promotion of equality as a core principle that underpins service delivery.

The highest standards of health and safety at work consistent with providing a front-line, life-saving emergency service.

The provision of a fire and rescue service that can be adapted to meet the local needs of the community, employers and employees.

Stable industrial relations achieved by consultation and negotiation between fire and rescue authorities as employers and recognised trade unions.

4. The NJC has a strong commitment to joint consultation and negotiation, with a view to reaching agreement, between fire and rescue authorities and recognised trade unions at all levels. To this end the NJC encourages employees to join independent, certificated, recognised trade unions. The NJC believes that co-operation between employers, employees and the trade unions will help ensure successful service delivery.

5. The NJC wishes to refer to the joint nature of the decisions incorporated in this scheme of conditions of service and to remind fire and rescue authorities of the value of affording opportunities to employees, through their accredited representatives, for consultation on matters included in the scheme, where such consultation is appropriate. The NJC hopes that the scheme will provide a sound basis for harmony throughout the fire and rescue services in the United Kingdom.

6. This sixth edition of the scheme accordingly represents the national terms and conditions of employment of uniformed employees (other than those in Brigade Management roles) of the fire and rescue services of all local authorities in the United Kingdom, and of volunteers carrying out operational firefighting duties, as supplemented from time to time by local agreements and provisions. The sixth scheme replaces in its entirety the provisions of the former scheme of conditions of service agreed by the NJC.

7. Any questions concerning the interpretation of this scheme of conditions of service should be referred to the NJC.

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SECTION 1 - CONSTITUTION

Title

1. The Council shall be known as the National Joint Council for Local Authorities' Fire Brigades (hereinafter referred to as "the Council").

Scope

2. The Council shall have within its scope uniformed employees of fire authorities in the UK below the rank of assistant chief fire officer/assistant firemaster.

Membership

3. The Council shall consist of members appointed as follows:

Employers’ representatives
National Organisation of Employers of 30
Local Authorities' Fire Brigades

Employees' representatives
Fire Brigades Union 27

4. If either of the organisations referred to in paragraph 3 hereof fails to appoint the number of representatives provided for by the constitution, such failure to appoint shall not vitiate the decisions of the Council or its committees. In the event of any member of the Council being unable to attend any meeting of the Council or of its committees, the organisation represented by such member shall be entitled to appoint another representative to attend in his or her place.

Retirement of members

5. Members of the Council shall retire on 30th September each year and shall be eligible for reappointment.

Casual vacancies

6. On the occurrence of a casual vacancy a new member shall be appointed by the organisation in whose representation the vacancy occurs. Any such new member shall sit until the end of the period for which his or her predecessor was appointed.

Functions

7. The function of the Council shall be to make arrangements to secure the largest possible measure of joint consideration and agreement on conditions of service of those persons within its scope, and the settlement of differences between fire authorities and members of brigades within its scope. It shall be permissible for the Council to take any action that falls within the foregoing definition.

8. The term "conditions of service" shall be construed as including in particular:

(i) ranks, pay and allowances;

(ii) hours of duty and leave;

(iii) maintenance of discipline;

(iv) procedure for appeals against dismissal or disciplinary action (including dismissal on disciplinary grounds) other than questions of discipline affecting individuals;

(v) welfare arrangements.

Standing sub-Committee

9. The Council shall appoint from its number a Standing sub-Committee, which shall be constituted as follows:

Employers’ representatives
National Organisation of Employers of 9
Local Authorities’ Fire Brigades

Employees’ representatives
Fire Brigades Union 9

10. Reports of the Standing sub-Committee shall, unless the Council so determines, be submitted to the Council for approval, which may be given with or without modification.

Other sub-committees

11. The Council may appoint such other sub-committees as it considers to be necessary, with such duties and powers as it may define. The reports of such sub-committees shall, unless the Council so determines, be submitted to the Council for approval, which may be given with or without modification.

Procedure

12. (i) Advisers
Either side of the Council or of any sub-committee thereof may invite the attendance of any person whose knowledge would be of assistance to it, but such person shall not have power to vote.

(ii) Independent Chair
The Council shall appoint annually an Independent Chair. The Chair shall preside at all meetings of the Council, the Standing sub-Committee and, where the Council so decides, other sub-committees appointed by the Council. The Independent Chair shall not have a vote.

(iii) Vice-Chair
The Council shall appoint annually from its number a Vice-Chair. The appointee shall alternate between the two sides. The Vice-Chair shall preside in the absence of the Independent Chair at any meeting. In the absence of both the Independent Chair and Vice-Chair at any meeting, a Chair for such meeting shall be elected from those members present.

(iv) Officers
Each side of the Council shall appoint a Secretary or Secretaries, who shall act as Joint Secretaries. Those so appointed shall also act as Joint Secretaries of the Standing sub-Committee. They may or may not be members of the Council. In the event that a joint secretary is a member of the Council he or she shall have a vote. The Employers' Secretary shall also be appointed Treasurer to the Council. The Council may appoint an auditor.

(v) Meetings
There shall be an annual meeting of the Council as soon as possible after 30th September at which a statement of representatives appointed to serve on the Council and the Standing sub-Committee shall be submitted. Ordinary meetings of the Council and the Standing sub-Committee shall be held as often as may be necessary. The Independent Chair shall call a special meeting of the Council if so requested by not less than one-third of the total number of members of either side of the Council. The requisition and notice summoning any special meeting shall state the nature of the business proposed to be transacted thereat and no other matters shall be discussed. A special meeting shall take place within fourteen days after receipt of the requisition by the Independent Chair.

(vi) Voting
The voting on the Council or its sub-committees shall be by show of hands or otherwise as the Council or the sub-committee shall determine. No resolution shall be regarded as carried unless it has been approved by a majority of the members present on each side of the Council or sub-committee as the case may be (except where the resolution concerns an amendment to the constitution in which case the procedure set out in paragraph 14 hereof will apply).

(vii) Quorum
The quorum of the Council shall be a majority of the full representation on each side. In the absence of a quorum the Independent Chair shall vacate the chair and the business then under consideration shall be the first business to be discussed either at the next ordinary meeting or, if the meeting was a special meeting, at a further special meeting to be held within fourteen days after the date fixed for the first special meeting. The quorum of the Standing sub-Committee and any other sub-Committee shall be a majority of the full representation on each side.

(viii) Notice of meetings
The notices of meetings of the Council and its sub-committees shall provide full particulars of the business to be transacted thereat and shall be sent to members at least seven days before the date of the meeting.

(ix) Minutes
Within twenty-one days after each meeting of the Council and of any sub-committee the Joint Secretaries shall send a copy of the minutes of the proceedings of the meeting to each member of the Council, and these shall be ratified, subject to any amendment, at the next meeting of the Council or sub-committee as the case may be.

Settlement of differences

13. If the Council fails to reach agreement upon any matter contained in paragraph 8 hereof, that matter will automatically be referred to ACAS for conciliation. Both sides of the Council will participate in the process of conciliation and act in good faith. Where conciliation fails to produce a settlement, either side of the Council may request arbitration through the services of ACAS. Following such a request from one side of the Council, the other side shall fully participate. In such circumstances, it follows that both sides have voluntarily agreed to take part in the arbitration process whenever it is invoked and have agreed in advance to be bound by the decision of the arbitrator.

14. In the event that either side has any doubt about whether or not the failure to agree relates to arbitrable issues, and this is not resolved through negotiation or conciliation, then the question of whether or not such issues are arbitrable, taking full account of all agreements between the sides, will be put to an arbitrator provided by ACAS. The decision of the arbitrator on such an issue will be binding on both sides.

Finance

15. The expenses of the Council (including its sub-committees), but not any expenses incurred by members in attending meetings, shall be shared equally by the two sides.

Amendment of constitution

16. (i) This paragraph forms an integral part of the constitution and may itself be amended in accordance with the procedures set out in this paragraph.

(ii) Any proposal to amend this constitution must be circulated to members of the Council at least three months before the meeting at which it is to be moved. No proposal to amend this constitution will be regarded as carried unless it has the support of at least two-thirds of the members present and voting at the meeting at which it is moved.

Status

17. The status of this constitution is that of a collective agreement between representatives of the fire authorities in the UK and representatives of the employees of fire authorities within the scope of the Council. As such it is intended by the parties to form a collective agreement as defined in Section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

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SECTION 2 - FAIRNESS AND DIGNITY AT WORK

1. Employers have clear responsibilities in supporting and facilitating fairness and dignity at work. In this context the NJC strongly encourages fire and rescue authorities to:

(1) develop equal opportunities and work/life balance in employment;

(2) ensure that equality is a core principle that underpins service delivery, training opportunities and employee relations;

(3) remove all discrimination; and

(4) take a positive approach to the development of a diverse workforce.

2. In support of these principles the NJC affirms that:

(1) employees should be afforded equal opportunities in employment irrespective of gender, race, national or ethnic origin, religion or belief, age, sexuality, marital status or disability (subject to any justifiable occupational requirements);

(2) fire and rescue authorities should ensure that discriminatory practices are identified and removed and non-discriminatory practices introduced in all areas of employment including recruitment, training, development and promotion; and

(3) lawful positive action initiatives should be taken to achieve and maintain a more representative workforce.

3. Further guidance on best practice in these areas will be issued by the NJC from time to time.

4. Employees have clear responsibilities actively to support their employer in providing a working environment free from bullying, harassment and victimisation. The NJC recommends that each fire and rescue authority’s policies in this area should include clear statements on the standards of behaviour expected of individuals and that all employees are aware of their responsibilities to others. A model policy developed by the NJC can be found at Appendix A.

5. Fire and rescue authorities, employees, managers and trade union representatives will need to work together to achieve these objectives. Authorities should take into account the need for such trade union participation in deciding reasonable facilities for representatives participating in joint fairness and dignity at work initiatives as part of their recognised trade union duties.

6. The NJC recognises that helping employees to reconcile work, family and other responsibilities can be a key feature in making equal opportunities and work/life balance a reality. To this end a number of fire and rescue authorities have introduced flexible working arrangements such as job sharing, part-time working and career breaks. The NJC welcomes such developments and encourages the adoption of such measures by all fire and rescue authorities.

7. Employees have the right to expect their religious faith to be respected by both their employer and fellow employees. Fire and rescue authorities should recognise that an employee’s faith may require the wearing of specific forms of headwear or facial hair and therefore provide appropriate personal protective equipment in such cases. Authorities may also wish to ensure that appropriate faith facilities, such as prayer rooms, are made available.

8. The requirement to attend residential training courses can pose particular difficulties for employees with family responsibilities. Fire and rescue authorities are encouraged to consider alternative methods of delivering training and/or contributing in some way towards additional care costs incurred by employees, particularly where the parental income is such that hardship would otherwise arise.

9. Fire and rescue authorities should introduce a voluntary register of employees’ interests that invites employees to declare membership of any organisation that is not open to the public without formal membership and commitment of allegiance, and which has secrecy about rules or membership or conduct.

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SECTION 3 - ROLES AND RESPONSIBILITIES

1. The roles of fire and rescue service employees are those defined within the Integrated Personnel Development System and set out in accredited occupational standards determined by the Emergency Fire Services Vocational Standards Group. The roles used shall be as the fire and rescue authority considers necessary and specific activities within those roles will be determined by the authority to meet the local needs of the service based on risk.

Competence and pay

2. Rates of pay are based on defined stages of development leading to demonstration of competence in the employee’s role. These stages are:

Training
For the roles of Firefighter and Firefighter (Control) the training stage is the point at which an employee is in full-time training and is not yet performing the role in its appropriate context. An employee in this position will receive the trainee rate of pay.

Development
The development stage is where an employee is working under supervision in the role and is being assessed against the different functions that make up that role. An employee at this stage, before demonstrating competence in the full requirements of the role, will receive the development rate of pay.

Competent
After all applicable functions have been assessed as having been achieved, the employee will have demonstrated “competence” in his or her role and will receive the appropriate competent rate of pay.

3. The time that it will take for an employee to demonstrate competence will depend on the specific requirements of employees, accessibility to assessment and the opportunities available. The basis of the approach is to tailor development to meet individual and organisational needs, so the progress of each individual must be considered in the context of these variables. It can, however, be reasonably expected that the majority of employees on any duty system should demonstrate competence within the following timescales:

4. The defined roles of employees are:

5. Fire and rescue authorities can use whichever roles they consider necessary. Specific activities within roles will be determined by the authority to meet the local needs of the service based on its Integrated Risk Management Plan. The rates of pay for the training (in the case of Firefighter and Firefighter (Control)), development and competent stages for each role are set out in circulars issued by the NJC.

6. The units of competence that form each of these roles are laid down in the NJC document – Fire and Rescue Services Rolemaps. Fire and rescue authorities can require any reasonable activity to be carried out by an individual employee within his or her role map. These role maps reflect fire and rescue service responsibilities incorporated into local Integrated Risk Management Plans in order to:

Apply a risk-based approach to fire cover and to all its activities in deciding how best to use its resources.

Focus on reducing the level of fire and other emergencies.

Develop and maintain effective partnerships with a range of agencies in the public, private and voluntary sectors where these can deliver cost-effective improvements in community safety.

Adopt safe systems of working to secure the health and safety of both its staff and the general public.

Minimise the impact of the incidents it attends and of its response at those incidents on the environment.

7. As with all other units in a role map, a fire and rescue authority can require an employee to carry out driving duties. Where the fire and rescue authority does not require an employee to drive or, for genuine reasons, the employee is unable to drive he or she shall be regarded as competent in the role subject to having demonstrated competence in all other applicable functions in the role map.

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SECTION 4 - CONDITIONS OF SERVICE FRAMEWORK

PART A - HOURS OF DUTY AND DUTY SYSTEMS

1. All working arrangements will operate on the basis that employees will undertake the duties appropriate to their role and be deployed to meet the requirements of the fire and rescue authority’s Integrated Risk Management Plan. This may include a requirement to work at different locations. Full-time and part-time employees on any duty system are free to undertake retained duties where appropriate.

2. The conditions of service of part-time employees will be the same as those of full-time employees (pro-rata where appropriate) unless otherwise stated.

3. Duty systems will need to meet the requirements of the fire and rescue authority’s Integrated Risk Management Plan. Any proposed system should be discussed with the recognised trade unions and be based on the following principles:

(1) Basic working hours should average forty-two per week (inclusive of three hours of meal breaks in every twenty-four hours) for full-time employees. Hours of duty should be pro-rata for part-time employees.

(2) There should be at least two periods of twenty-four hours free from duty each week.

(3) It should comply with relevant United Kingdom and European law, including the Working Time Regulations 1998, and Health, Safety and Welfare at Work legislation.

(4) It should have regard to the special circumstances of individual employees and be family friendly.

4. Where, following discussion, there is no agreement between the fire and rescue authority and recognised trade union over a proposed duty system (and it does not accord with the principles of any of the existing national duty systems at paragraphs 7 to 16 below) the difference can be referred by either party to the NJC’s Technical Advisory Panel. The Panel will be chaired by an Independent Expert (appointed on a three-yearly basis by the NJC), who will be assisted by the Joint Secretaries.

5. The Panel will seek to broker an agreement between the parties, but where that is not possible it will make recommendations. The Panel’s recommendations will ensure that the duty system follows the four principles set out at paragraph 3 above and is compatible with the deployment of resources that the fire and rescue authority has determined is necessary to implement its Integrated Risk Management Plan. This process will be concluded within one month of reference to the Panel, or longer with the agreement of the parties. The parties will decide their responses to any recommendations from the Panel within fourteen days of receipt.

Existing national duty systems

6. The following duty systems shall continue to operate until replaced or supplemented locally by new systems under the terms of paragraphs 3 to 5 above.

Shift duty system

7. The hours of duty of full-time employees on this system shall be an average of forty-two per week. The hours of duty of part-time employees shall be pro-rata. The rota will be based on the following principles:

(1) Each period of twenty-four hours shall be divided into a day shift and a night shift.

(2) The night shift shall not be less than twelve hours.

(3) There shall be at least two complete periods of twenty-four hours free from duty each week.

(4) Leave days shall change week by week in a regular progressive manner.

(5) No rota system shall include continuous duty periods of twenty-four hours.

(6) Three hours shall be specified for meal breaks in every twenty-four hours. The timing of these periods is at the discretion of the authority. Account shall be taken of meal breaks interrupted by emergency calls.

See explanatory note at Appendix C.

Day-crewing duty system

8. The hours of duty of full-time employees on this system shall be an average of forty-two per week. The hours of duty of part-time employees shall be pro-rata. The rota will be based on the following principles:

(1) An average of thirty-five hours per week shall be worked at the station.

(2) An average of seven hours per week shall be on standby at home. Employees are required to respond to any emergency call received during this standby period.

(3) Employees on this system may be requested to undertake retained duties outside the hours at (1) and (2).

(4) There shall be at least two complete periods of twenty-four hours free from any duty each week.

(5) One hour per day shall be specified as a meal break. Account shall be taken of meal breaks interrupted by emergency calls.

Day duty system

9. The hours of duty of full-time employees on this system shall be an average of forty-two per week. The hours of duty of part-time employees shall be pro-rata. The rota will be based on the following principles:

(1) The normal working day shall cover the period of normal office hours.

(2) There shall be nine working days per fortnight, which shall fall on Mondays to Fridays.

(3) One hour per day shall be specified as a meal break.

(4) Where work (such as lectures and inspections of clubs) must necessarily be undertaken outside the normal working day, equivalent time off in lieu should be given during the normal working day.

Flexible duty system

10. This duty system applies only to employees in the roles of Station Manager and above.

11. The hours of duty of full-time employees on this system shall be as set out in paragraph 12 below. The hours of duty of part-time employees shall be pro-rata. Employees on this system shall perform two types of duty:

(1) Managerial duty, which is rostered for operational command, managerial, supervisory and/or specialist duties appropriate to the employee’s post (managerial duty is also known as ‘positive hours’).

(2) Standby/call-out duty, which is rostered so that the employee is available on call for the urgent performance of managerial duty and to perform those duties if called upon.

12. The rota will be based on the following principles:

(1) The sum of the rostered managerial duty hours and the rostered standby/call-out duty hours, the latter divided by four, shall be forty-eight per week on average over a cycle not exceeding eight weeks.

(2) No rota shall contain more than five consecutive periods of twenty-four hours during which a duty of either type is performed.

(3) In any two-week period commencing on a Monday there shall be at least two pairs of rota leave days.

(4) Any period of standby/call-out duty shall be all or part of a period of twenty-four hours duty (starting at the normal starting time) and shall be rostered immediately before or immediately after a period of positive hours, unless it is an entire period of twenty-four hours standby/call-out duty.

(5) On any day on which managerial duty is performed, the hours for that duty shall be rostered consecutively except where an evening duty is required in addition to a normal day duty (for these purposes one meal break in each period of twenty-four hours will be treated as a period of managerial duty).

(6) Travelling time to or from a rostered evening commitment of managerial duty shall itself count as managerial duty.

(7) Rota leave shall be rostered no less frequently on a Saturday or Sunday than any other day of the week.

(8) The total sum of managerial hours shall not average more than forty-two per week.

(9) The sum of the weekly hours of both types of duty shall not exceed seventy-eight on average.

13. An employee on the flexible duty system may:

(1) in exceptional circumstances, be allowed periods of ‘short leave’ during which he or she may be completely detached from duty, out of touch and beyond recall, subject to the approval of his or her line manager, which shall not unreasonably be withheld; and

(2) have freedom of movement, during periods of standby/call-out duty, in and around the area within which his or her normal duties are performed and subject to the arrangements for him or her to be notified of incidents occurring within his or her standby/call-out area.

14. An employee on the flexible duty system shall be notified of the geographical area within which he or she will be required to be based for the performance of standby/call-out duty.

15. Transfer onto the flexible duty system will be voluntary. In view of the pension implications, employees will not be transferred from the flexible duty system against their will, except as a result of a disciplinary reduction in role to a level where there are no posts in that fire and rescue authority on the flexible duty system.

Retained duty system

16. The hours of availability of employees on this duty system shall be agreed between the fire and rescue authority and individual employees. An employee on this duty system shall be required to attend for duty as follows:

(1) At the station to which the employee is attached for training, development and maintenance duties for an average of two hours per week (or three hours at the discretion of the fire and rescue authority).

(2) Promptly at the station to which the employee is attached in response to an emergency call at any time during the employee’s period of availability.

(3) At any incident or other occurrence or at any other station for standby duties during the employee’s period of availability.

17. The duties and hours of availability of volunteers carrying out operational firefighting duties shall be agreed between the fire and rescue authority and individual volunteers

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PART B - PAY

Rates of pay

1. Rates of pay are set out in circulars issued by the NJC.

See Appendix B for protected fifteen-year long-service payments and interim minimum promotion increments.

2. The pay entitlement of an individual employee shall be determined by:

(1) The employee’s role.

(2) Whether the employee is in the training (for the roles of Firefighter and Firefighter (Control)), development or competent stage for his or her role.

(3) Whether, for roles above Crew Manager and Crew Manager (Control), the employee is in the A or B job-size category.

Flexible duty system supplement

3. An employee on the flexible duty system shall be paid a pensionable supplement of 20% of basic pay.

Retained duty system payments

4. The payments at paragraphs 5 to 16 below apply to employees on the retained duty system.

See Appendix B for pay protection for employees on the retained duty system.

Annual retainer

5. Subject to meeting the requirements at paragraph 14 of Part A of this section, an employee shall be paid the annual retainer set out in circulars issued by the NJC. The annual retainer for an employee providing full cover (which is defined as cover of at least 120 hours per week) is 10% of the appropriate annual basic pay.

6. Where an employee provides cover for less than 120 hours per week the fire and rescue authority may set a lower annual retainer subject to it being no less than 75% of the annual retainer of an employee providing full cover.

7. The annual retainer for an employee providing cover as part of the day-crewing duty system shall be 5% of the employee’s full-time annual basic pay.

8. Where an employee fails to attend at the station to which he or she is attached for training, development and maintenance duties the annual retainer may be reduced proportionately.

Disturbance payment

9. An employee who is called out to an incident and reports promptly to the station shall receive the disturbance payment set out in circulars issued by the NJC.

Payment for work activity

10. All work activity shall be paid at the appropriate basic hourly rate set out in circulars issued by the NJC. Work activity includes those duties at paragraph 16 of Part A of this section together with any other pre-arranged work undertaken by the employee.

11. An employee who has been called out to an emergency incident and forms part of the crew shall receive a minimum of one hour’s pay. Where the employee remains on duty for more than one hour and fifteen minutes he or she shall receive two hours’ pay. Where the employee remains on duty for more than two hours he or she shall then be paid for complete periods of fifteen minutes.

12. An employee who has been called out to an emergency incident but does not form part of the crew shall receive a minimum of half an hour’s pay. Where the employee remains on duty for more than one hour and fifteen minutes, he or she shall receive two hours’ pay. Where the employee remains on duty for more than two hours, he or she shall then be paid for complete periods of fifteen minutes.

Compensation for remuneration lost

13. A fire and rescue authority may compensate an employee for remuneration lost from his or her usual occupation where, because of the peculiar circumstances of that occupation, his or her retention on duty beyond a certain time involves a loss disproportionate to the time that he or she was retained.

Attendance at training centres

14. An employee who is required to attend a course at a training centre shall receive the appropriate basic weekly rate of pay in respect of each week of the course.

15. Where the employee incurs a loss of remuneration from his or her usual occupation that exceeds the amount payable under paragraph 14, he or she shall be paid the amount of such excess, subject to the total payment not exceeding the maximum basic weekly rate for a Station Manager.

16. These provisions also apply to volunteers who undertake operational firefighting duties.

See Appendix B for protected long-service bounty payments.

Employees on the day-crewing duty system who undertake retained duties

17. An employee on the day-crewing duty system who undertakes retained duties shall be paid an annual retainer of 5% of his or her full-time annual basic pay together with the disturbance and work activity payments at paragraphs 9 to 12 above.

Volunteer firefighters

18. A volunteer carrying out operational firefighting duties shall be paid at the appropriate basic hourly rate set out in circulars issued by the NJC.

Acting up and temporary promotion

19. An employee who is required to undertake the duties of a higher role shall be paid the basic hourly rate for the development phase of that role. If the employee has demonstrated competence in the higher role payment will be at the competent rate. The payment shall be for a minimum of one shift.

20. It is necessary for an employee who acts up or is temporarily promoted to have:

(1) demonstrated competence in his or her current role;

(2) demonstrated the potential to develop beyond his or her current role; and

(3) successfully completed the relevant assessment process for the higher role.

See Appendix B for interim arrangements regarding acting-up and temporary promotion.

Additional responsibility allowance

21. An employee may be paid an allowance or allowances to reward additional skills and responsibilities that are applied and maintained outside the requirements of the role but within the job function. Payments will be based on the requirements of the fire and rescue authority’s Integrated Risk Management Plan and may include payment for skills’ shortages where these are directly applicable to the delivery of the Integrated Risk Management Plan.

22. The maximum payable to any individual employee will be determined locally. Additional responsibility payments are temporary and non-pensionable and may be withdrawn following reasonable notice from the fire and rescue authority.

Overtime

23. Payment for overtime applies to employees in the roles of Watch Manager and below (and, in the case of casual overtime, to Station Managers not on the flexible duty system) and shall be at time and a half, or double time on a public holiday. An employee who requests it may be granted time off in lieu at the appropriate enhanced rate, subject to the exigencies of the service, rather than receive overtime payment.

24. Overtime rates of pay apply to employees on the retained duty system only where they work in excess of forty-two hours in a seven-day period.

Pre-arranged overtime

25. Employees are free to volunteer to work pre-arranged overtime for no more than twenty-four hours per month, averaged over a six-month period.

26. Pre-arranged overtime will not be used to make up any planned shortfall in the overall staffing levels set out in the fire and rescue authority’s Integrated Risk Management Plan.

27. Part-time employees will be entitled to enhanced overtime rates only at those times and in those circumstances that full-time employees would qualify.

28. The arrangements for the application of pre-arranged overtime shall be the subject of consultation between the fire and rescue authority and recognised trade unions.

Casual overtime

29. An employee who works overtime as a result of a requirement to remain on duty at an operational incident shall be paid as follows:

(1) Each period of overtime shall be treated separately.

(2) No payment shall be made for any period less than fifteen minutes.

(3) A period of fifteen minutes or more and up to one hour shall be treated as one hour.

(4) Where the period exceeds one hour, payment shall be made for complete periods of fifteen minutes.

30. Where an employee on the flexible duty system is detained at an operational incident beyond his or her normal rostered duty time and requests compensatory time off in lieu that request shall not unreasonably be refused.

Payment for recall to duty as a result of a serious incident

31. Recall to duty to assist at a serious incident shall be on a voluntary basis and in line with arrangements determined locally following consultation between the fire and rescue authority and recognised trade unions.

32. An employee who is recalled to duty shall be paid for a minimum of three hours. Employees in the role of Group or Area Manager shall be paid at the maximum rate applicable to a Station Manager. Where the period of recall exceeds three hours payment shall be made for complete periods of fifteen minutes. All payments shall be at double time.

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PART C - LEAVE

General

1. The leave year shall run from 1st January to 31st December. The timing of all leave shall be subject to the exigencies of the service.

Annual leave for employees not on the retained duty system

2. The paid annual leave entitlement for full-time employees is set out below. The entitlement for part-time employees shall be pro-rata.

Scale A leave

Off-duty days that fall within a period of annual leave count as scale A leave.

See Appendix B for protected leave entitlement for former Station Officers.

Scale B leave

Scale B leave may be taken at the request of the employee on any duty day, including successive days, subject to the exigencies of the service.

Long-service leave

Long-service leave applies to employees who, at the start of the leave year, have at least five years’ continuous full-time or part-time service under this scheme of conditions of service. (Previous service on the retained duty system prior to becoming a full-time or part-time employee shall be included on the basis of three years counting as one year’s full-time or part-time service and six years counting as two years’ full-time or part-time service.) Long-service leave may be taken at the request of the employee on any duty day, including successive days, subject to the exigencies of the service.

Annual leave for employees on the retained duty system

3. The paid annual leave entitlement is four weeks, or five weeks for an employee who, at the start of the leave year, has at least five years’ continuous service on the retained duty system. A week’s leave means a period of seven consecutive days free from duty. The taking of such leave in part weeks or individual days shall be a matter for agreement between the fire and rescue authority and recognised trade unions.

4. While the timing of leave is subject to the exigencies of the service, any request to take leave at the same time as the employee’s usual employer requires him or her to take leave should not unreasonably be refused.

5. Periods of annual leave should be disregarded when assessing an employee’s compliance with his or her contractual obligations under the retained duty system.

6. A week’s pay during a period of annual leave shall mean the employee’s average weekly remuneration in the previous twelve weeks (excluding any week in which he or she has been on sick leave or received no pay), taking all payments into account.

General provisions regarding annual leave

7. Leave not taken during the leave year shall be forfeited except that the employee may, at the discretion of the fire and rescue authority, take all or part of the outstanding leave by 31st March of the following year.

8. An employee may anticipate annual leave on the understanding that if he or she voluntarily leaves before the end of the leave year any leave taken in excess of his or her proportionate entitlement may be treated as unpaid leave and pay adjusted accordingly.

9. The leave entitlement of an employee who joins or leaves a fire and rescue authority, or attains five years’ continuous service, during the leave year shall be proportionate to the employee’s service in that year.

10. Payments in lieu of any leave accrued but not taken in the current leave year shall be made in cases of termination of employment. In the case of death this amount shall be paid into the employee’s estate.

11. Maternity leave shall be regarded as service for the purpose of calculating annual leave entitlement.

Public holiday leave

12. Employees in England, Wales and Northern Ireland shall, subject to the exigencies of the service, be entitled to a day’s leave on the following public holidays:

13. For employees who work on a shift system, Christmas Day, 26th December and New Year’s Day will be treated as public holidays on whichever days of the week they fall, irrespective of alternative days announced by the Government.

14. For employees who normally work on a rota that does not include weekend working, whenever any or all of Christmas Day, 26th December or New Year’s Day falls on a Saturday or Sunday, the alternative public holidays announced by the Government will apply.

15. Employees in Scotland shall, subject to the exigencies of the service, be entitled to a day’s leave on the following days:

New Year’s Day
First Monday in May
Local Autumn Holiday
Christmas Day

and four other days determined by the fire and rescue authority in consultation with the recognised trade unions.

16. Paragraphs 13 and 14 apply to employees in Scotland insofar as Christmas Day and New Year’s Day are concerned.

Public holiday arrangements for employees not on the retained duty system

17. For the purposes of paragraphs 18 to 24 below a public holiday means the period of twenty-four hours from midnight to midnight.

18. An employee in the role of Station Manager or below (but not on the flexible duty system) who is required to work on a public holiday shall be paid at double time for those hours (which shall not be pensionable) and be granted a day’s leave in lieu.

19. An employee in the role of Station Manager on the flexible duty system who is required to work on a public holiday shall be granted one and a half days’ leave in lieu.

20. An employee in the role of Group or Area Manager who is required to work on a public holiday shall be granted a day’s leave in lieu.

21. An employee whose off-duty day is on a public holiday, or who is on annual leave or ordinary maternity leave, shall be granted a day’s leave in lieu.

22. An employee who is on sick leave on a public holiday shall be deemed to be on public holiday leave and shall not be granted a day’s leave in lieu.

23. The days in lieu referred to at paragraphs 18 to 21 above should be taken within twelve months of the public holiday. A day’s leave in lieu means one shift off duty for each shift worked. Days in lieu may be taken at the request of the employee on any duty day, including successive days, subject to the exigencies of the service.

24. Payments in lieu of any lieu days accrued in the previous twelve months but not taken shall be made in cases of termination of employment. In the case of death this amount shall be paid into the employee’s estate.

Public holiday arrangements for employees on the retained duty system

25. An employee who is called out to an emergency incident on a public holiday shall be paid double the disturbance and activity payments at paragraphs 10 to 13 of Part B of this Section. A volunteer carrying out operational firefighting duties shall be paid at double the appropriate hourly rate.

End-of-course leave

26. Fire and rescue authorities should put in place reasonable arrangements for leave for employees returning from a residential training course. The amount of leave should have regard to:

(1) the length of the course (including travelling time);

(2) the nature of the course; and

(3) the employee’s shift pattern.

Trade union facilities

27. The NJC has a strong commitment to joint consultation and negotiation. Fire and rescue authorities shall therefore provide officials of recognised trade unions with reasonable facilities necessary for them to carry out their trade union duties, including paid leave to attend meetings of the NJC and other relevant fire and rescue service national committees.

28. Where a part-time employee attends a joint consultative or negotiating meeting outside of his or her normal working time the time spent at the meeting should be paid or time off in lieu granted.

Leave for public duties

29. Paid leave shall be granted to employees undertaking jury service and, in appropriate cases, serving on public bodies or undertaking public duties. Where an allowance is payable for loss of earnings this should be claimed by the employee and repaid to the fire and rescue authority.

Special leave

30. Additional special leave with or without pay beyond the specific provisions of this section may be granted in special circumstances (such as compassionate reasons) at the discretion of the fire and rescue authority.

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PART D - MATERNITY, CHILDCARE AND DEPENDENCY

Maternity provisions

1. As equal opportunities employers, fire and rescue authorities acknowledge that more and more women are coping with the responsibilities of work and home. To this end fire and rescue authorities are committed to creating a positive working environment in which all employees are respected, provided with progression opportunities and can make the most of their abilities within a team.

2. Pregnant employees should expect to be treated in a way that is sensitive to their circumstances and should not in any way be singled out for inferior treatment. Pregnancy should be regarded as part of everyday life and any health and safety implications can be adequately addressed by the usual procedures for the management of health and safety.

3. Nothing in the following provisions, which are minima that may be enhanced locally, should be construed as providing anything less favourable than statutory rights.

Obligations on the employer

4. Fire and rescue authorities should have in place policies that reflect these provisions and any local enhancements. Copies of such policies should be openly available to employees.

5. Pregnant women and new mothers have a statutory entitlement not to be exposed to risks that could harm either themselves or their unborn child. Fire and rescue authorities are reminded that:

(1) The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide, where reasonable, suitable rest facilities for pregnant woman and nursing mothers. This is expanded upon in the Health and Safety Executive guidance New and Expectant Mothers at Work: A Guide for Employers.

(2) The Management of Health and Safety at Work Regulations 1999 require employers to carry out a risk assessment in respect of new or expectant mothers. Temporary adjustments in working arrangements may be required as a result.

6. Fire and rescue authorities are advised that, when pregnancy is suspected, medical advice should be sought immediately as to whether the employee can continue to perform her current duties. At the point when her doctor advises her that she can no longer perform her current duties, or work her current pattern of hours, the employee should be consulted immediately over appropriate changes. In either case she shall continue to receive her normal pay (for employees on the retained duty system this shall be calculated in accordance with paragraph 34 below). Similarly, on her return to work following the birth and normal maternity leave, there may be a period during which a change in duties or pattern of working hours would be appropriate, again depending on medical advice, in which case the member’s normal pay would continue to apply.

7. Pregnant employees will normally remain on their watch, or in their department, unless this is deemed inappropriate following an individual risk assessment.

8. On receipt of the employee’s notification of the intended date of commencement of maternity leave, the fire and rescue authority shall, within twenty-eight days, inform the employee of the day on which the maternity leave period will cease and of the date of return to work.

Obligations on the employee

9. In order to maximise the effectiveness of health protection through an individual risk assessment an employee should notify the fire and rescue authority as soon as possible after she becomes aware of her pregnancy. In any event, an employee shall notify the fire and rescue authority at least twenty-one days before her absence begins or as soon as is reasonably practicable:

(1) That she is pregnant and the expected week of childbirth (EWC). The fire and rescue authority may ask the employee to produce a certificate from a registered medical practitioner or a certified midwife stating the EWC.

(2) The date that her absence will commence, in writing if requested by the fire and rescue authority.

(3) That she intends to return to work, if that is the case. The authority may ask for this to be confirmed in writing. (This provision applies only to employees who qualify under paragraph 18 below).

10. As the pregnancy develops the employee should inform the fire and rescue authority, in writing if required, of any advice or recommendations received from her doctor. This may include advice that should be considered as part of the individual’s risk assessment, such as night work being inadvisable for health and safety reasons.

Ante-natal care

11. Pregnant employees are entitled to paid time off to attend for ante-natal care, including relaxation and parentcraft classes. The fire and rescue authority may request evidence of appointments.

12. Fire and rescue authorities may wish to give sympathetic consideration, subject to the exigencies of the service, to reasonable time off for partners to attend ante-natal, relaxation and parentcraft classes.

Maternity leave

13. An employee who has less than twenty-six weeks’ continuous local government service at the end of the fifteenth week before the EWC shall be entitled to remain absent for up to twenty-six weeks. The employee may then take further leave without pay at the discretion of the fire and rescue authority.

14. An employee who has at least twenty-six weeks’ continuous local government service at the end of the fifteenth week before the EWC shall be entitled to twenty-six weeks’ ordinary maternity leave with pay (see paragraph 18 below) and up to twenty-six weeks’ additional maternity leave.

15. Maternity leave shall commence no earlier than eleven weeks before the EWC. Where maternity leave has not commenced by the time of the birth it shall start on the day of the birth.

16. Additional maternity leave commences on the day following the last day of ordinary maternity leave.

Maternity pay

17. An employee who has less than a year’s continuous local government service at the beginning of the eleventh week before the EWC shall be entitled to Statutory Maternity Pay (SMP).

18. An employee who has completed at least a year’s continuous local government service at the eleventh week before the EWC shall be entitled to the following:

(1) For the first six weeks of absence, nine-tenths of a week’s pay offset against SMP, or Maternity Allowance (MA) for employees not eligible for SMP.

(2) Where she has declared an intention to return to work, half a week’s pay for the subsequent twelve weeks, without deduction except by the extent to which the combined pay and SMP (or MA and any dependants’ allowances if she is not eligible for SMP) exceeds full pay.

(3) For the remaining eight weeks, SMP if she is eligible.

(4) Where she does not intend to return to work, SMP for the subsequent twenty weeks.

(5) Payments under (2) shall be on the understanding that the employee shall return to work for at least three months, which may be varied by the fire and rescue authority on good cause being shown. In the event of her not returning to work, the fire and rescue authority may require her to refund all or part of the payments made. Payments made to the employee by way of SMP are not refundable.

Right to return to work

19. Subject to paragraph 20 below, the employee shall have the right to return to the job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those that would have been applicable if she had not been absent. For this purpose ‘job’ means the nature of the work that she is employed to do and the capacity and place in which she is so employed.

20. Where it is not practicable by reason of redundancy for the authority to permit an employee to return to her work as defined in paragraph 19 above, the employee shall be entitled to be offered a suitable alternative vacancy where one exists, provided that the work to be done in that post is suitable to her and appropriate to the circumstances, and that the capacity and place in which she is to be employed and her terms and conditions of employment are not substantially less favourable to her than if she had been able to return to the job in which she was originally employed.

21. Suitable alternative employment may also be offered if exceptional circumstances other than redundancy (such as a general reorganisation), which would have occurred if the employee had not been absent, necessitate a change in the job in which she was employed prior to her absence. The work to be done should be suitable to her and appropriate to the circumstances and the capacity and place in which she is to be employed and her terms and conditions of employment should not be less favourable to her than if she had been able to return to the job in which she was originally employed.

Exercise of the right to return to work

22. An employee who qualifies for leave under paragraph 13 above shall notify the fire and rescue authority, in writing if requested, at least twenty-one days before she intends to return to work, if this is before the end of her ordinary maternity leave. This notice period may be reduced with the consent of the authority.

23. An employee who qualifies for leave under paragraph 14 above shall notify the fire and rescue authority, in writing if requested, at least twenty-one days before she intends to return to work, if this is before the end of her additional maternity leave. This notice period may be reduced with the consent of the authority.

24. If an employee returns to work before the end of a maternity leave period without having provided the necessary notice under paragraphs 22 or 23 above, the fire and rescue authority may postpone her return to a date that will ensure that the authority has received twenty-one days’ notice, or to the end of the relevant maternity leave period if that is sooner.

25. Where, because of an interruption of work (whether due to industrial action or some other reason), it is unreasonable to expect an employee to return at the end of her maternity leave or on the date notified under paragraph 22 or 23 above, she may instead return when work resumes or as soon as reasonably practicable thereafter.

26. An employee should attend a health check with the occupational health unit before returning to operational firefighting duties.

Relationship with sickness, leave and public holidays

27. Maternity leave will not be treated as sick leave and will not therefore be taken into account in calculating sick leave entitlement.

28. An employee who is unable to return to work on the expected date due to sickness will still be regarded as having returned to work. The sickness should be notified and certified in the same way as any other period of sickness under paragraph 21 of Section 5 Part B.

29. Maternity leave shall be regarded as service for the purpose of calculating annual leave entitlement.

30. An employee who is on ordinary maternity leave on a public holiday shall be granted a day’s leave in lieu of that public holiday.

Premature birth

31. Where a baby is born prematurely the fire and rescue authority should consider the case on its merits and use its discretion to take any appropriate action, which may include extending maternity leave.

Death or still birth of a child

32. These maternity provisions continue to apply where a baby dies or is stillborn after twenty-four weeks’ pregnancy. Where a miscarriage occurs before twenty-four weeks the fire and rescue authority should give sympathetic consideration based on the individual circumstances and grant special leave or sick leave as appropriate. The authority’s decision should have regard to the needs of the employee and medical opinion.

Definition of a week’s pay

33. For employees not on the retained duty system a week’s pay means the amount payable to the employee under the current contract of employment for working her normal hours in a week.

34. For employees on the retained duty system a week’s pay during a period of maternity leave shall mean the employee’s average weekly remuneration in the previous twelve weeks (excluding any week in which they have been on sick leave or have received no pay), taking all payments into account.

Definition of childbirth

35. Childbirth means the birth of a living child or a stillbirth after a pregnancy lasting at least twenty-four weeks.

Maternity support leave (incorporating paternity leave)

36. An employee with less than twenty-six weeks’ continuous local government service at the fourteenth week before the EWC and who is the child’s father, the expectant mother’s partner or the expectant mother’s nominated carer shall be entitled to a week’s paid maternity support leave (which shall equate to seven consecutive days free from duty). A nominated carer is the person nominated by the mother to assist in the care of the child and to provide support to the mother at or around the time of the birth.

37. An employee who has at least twenty-six weeks’ continuous local government service at the fourteenth week before the EWC shall in addition be entitled to a further week’s leave (to be taken immediately following the first week) paid at the Statutory Paternity Pay (SPP) rate.

38. These provisions also apply to an adoptive mother or father who is not taking adoption leave.

39. Pay for maternity support leave shall be offset by SPP.

Adoption leave

40. An employee who meets the following criteria is entitled to up to twenty-six weeks’ ordinary adoption leave followed by up to twenty-six weeks’ additional adoption leave:

(1) The employee has been newly matched with a child for adoption by an adoption agency.

(2) The employee has at least twenty-six weeks’ continuous local government service ending with the week in which he or she is notified they are to be matched with a child for adoption.

(3) Where a couple is adopting jointly, the employee is the adoptive parent (mother or father) chosen by the couple to take adoption leave.

41. During the first week of ordinary adoption leave the employee will be entitled to full pay, offset by Statutory Adoption Pay (SAP). For the remainder of the ordinary adoption leave period the employee will be entitled to SAP if eligible. Additional adoption leave will be unpaid.

42. Leave may commence from either the date of the child’s placement (whether this is earlier or later than expected) or a fixed date that can be up to fourteen days before the expected date of placement.

43. The employee shall notify the fire and rescue authority of his or her intention to take adoption leave within seven days of being notified by the adoption agency that he or she has been matched with a child for adoption, unless that is not reasonably practicable. The notification must state when the child is expected to be placed with the employee and when the employee wants the adoption leave to start.

44. The employee must advise the fire and rescue authority at least twenty-eight days in advance if he or she wishes to alter the adoption leave start date.

45. The fire and rescue authority will respond to the employee within twenty-eight days of receiving his or her leave plans, setting out the date on which the authority expects the employee to return to work if the full entitlement to adoption leave is taken.

46. The employee must provide documentary evidence of the adoption where requested by the fire and rescue authority and of his or her entitlement to SAP.

47. An employee who intends to return to work at the end of his or her full adoption leave entitlement is not required to give any further notification to the fire and rescue authority.

48. An employee who wishes to return to work before the end of the adoption leave period must give twenty-eight days’ notice to the fire and rescue authority. If such notice is not provided the authority may postpone the return until twenty-eight days from the notice being received.

Parental leave

49. An employee who has successfully completed initial training (or has at least a year’s service if that is sooner) and who is one of the following shall be entitled to up to thirteen calendar weeks’ unpaid parental leave (eighteen weeks if the child has a disability) in parts or in a block following the birth or adoption of a child:

(1) The mother of the child.

(2) The father of the child if he was married to the mother at the time of birth or is registered as the child’s father.

(3) The father (if not covered by (2)) if he has acquired parental responsibility under the Children Act 1989 or Children (Scotland) Act 1985. This is done either by a court order or an agreement between the mother and father that complies with legal requirements.

(4) A guardian appointed under Section 5 of the Children Act 1989.

(5) An adoptive parent.

(6) Any other nominated carer where the fire and rescue authority is satisfied that that person is taking parental responsibility.

50. The employee must give the fire and rescue authority reasonable notice (a minimum of twenty-one days) when leave is to be taken.

51. Where there are pressing operational reasons the fire and rescue authority may postpone parental leave for no longer than six months from the start of the period requested. (Pressing operational reasons include circumstances where a replacement cannot be found during the notice period for a post that has to be filled or where a significant number of employees have applied for parental leave at the same time). Where the authority requires such postponement, the situation should firstly be discussed with the employee. The employee must then be advised, in writing, no later than seven days after giving notice to take leave, of the reason for the postponement and the new dates for leave. The length of leave should be equivalent to the employee’s original request. If no agreement can be reached after consultation the authority will determine the appropriate dates. Leave cannot be postponed where the employee has given twenty-one days’ notice prior to the beginning of the EWC to take the leave immediately after the birth. In the case of adoption, leave cannot be postponed (except in exceptional circumstances) where the employee has given twenty-one days’ notice of the expected week of placement.

52. The periods during which leave must be taken are:

(1) In the case of leave following the birth of a child, by the child’s eighth birthday.

(2) In the case of adoption, within eight years of the placement or before the child’s eighteenth birthday, whichever is the sooner.

(3) In the case of a child with a disability, by the child’s eighteenth birthday, though authorities may wish to give sympathetic consideration to extending this time limit and/or increasing the amount of leave that can be taken.

53. At the end of parental leave the employee is guaranteed the right to return to his or her current post if the leave was for a period of four weeks or less. If the leave was for a longer period the employee is entitled to return to his or her current post or, if that is not practicable, a similar post that has the same or better status, terms and conditions as the current post.

54. Where parental leave lasts for four weeks or less and follows additional maternity leave the employee is entitled to return to the same post as she would have been entitled to return to after her additional maternity leave. If the parental leave is for a longer period than four weeks she can return to the same post as she would have been entitled to return to at the end of her additional maternity leave, unless it is not reasonably practicable to keep that post open. If that is the case, she is entitled to a similar post that has the same or better status, terms and conditions as the old post.

Flexible working

55. In order to assist in managing the balance between work and family life, employees with children under the age of six, or eighteen in the case of a disabled child, have the right to apply to the fire and rescue authority to work flexibly. The authority has a duty under the Employment Rights Act 1996 (as amended by the Employment Act 2002) to consider such requests seriously in line with a set procedure, and will be able to refuse requests only where there are clear business grounds for doing so.

Time off for dependants

56. For the purpose of these provisions a dependant means:

(1) The employee’s spouse.

(2) A child of the employee.

(3) A parent of the employee.

(4) A person who lives in the same household as the employee, otherwise than by reason of being his or her employee, tenant, lodger or boarder.

57. In some cases, such as illness or injury or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance or to make provisions for care, such as where the employee is the primary carer or the only person who can help in an emergency.

58. An employee is entitled to take a reasonable amount of unpaid time off during his or her working hours in order to take action that is necessary to care for a dependant. Examples of such circumstances are:

(1) To provide assistance on an occasion when a dependant falls ill, gives birth (this does not include taking time off after the birth to care for the child) or is injured or assaulted.

(2) To make arrangements for the provision of care for a dependant who is ill or injured.

(3) In consequence of the death of a dependant.

(4) To deal with an incident that involves an employee’s child and which occurs unexpectedly in a period during which an educational establishment that the child attends is responsible for him or her.

(5) To deal with unexpected termination or disruption of care arrangements.

59. Where time off is taken in any of the above circumstances the employee is required to inform the fire and rescue authority as soon as is reasonably practicable of the reason for, and anticipated length of, his or her absence. There may be exceptional circumstances where an employee returns to work before it is possible to contact the authority. In such cases, the authority should still be advised of the reason for absence on return.

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PART E - ALLOWANCES AND REIMBURSEMENTS

Reimbursement of expenditure

1. An employee (including a volunteer carrying out operational firefighting duties) who necessarily incurs approved additional expenditure in the course of his or her work in respect of travel, meals, overnight accommodation or compulsory relocation shall be reimbursed such expenditure, subject to the production of receipts or other appropriate evidence, or paid a locally agreed allowance.

2. In appropriate circumstances, the fire and rescue authority may consider making a cash advance to the employee prior to such expenditure being incurred.

Out-of-pocket allowance

3. An employee who attends a residential training course (other than a recruits’ training course) as a student shall be entitled to the overnight out-of-pocket allowance set out in circulars issued by the NJC.

Reimbursement of fines and costs

4. Where an employee is prosecuted for an offence under the Road Traffic Acts committed whilst on duty the fire and rescue authority, where it considers him or her to be personally blameless or where there are strong extenuating circumstances, may reimburse all or part of the costs awarded against the employee including the cost of any legal assistance, the amount of the fine and any additional costs charged by the court.

Driving licences

5. The cost of a driving licence issued under the Road Traffic Acts may be reimbursed to an employee who is required to drive fire and rescue service vehicles on duty.

Car allowances

6. Employees who are required to use their own cars for the efficient performance of their duties shall, for authorised journeys, be paid the mileage rates (and lump sum allowances for essential users) set out in circulars issued by the NJC. The fire and rescue authority may determine whether the use is casual or essential and the cubic capacity of car considered appropriate, the latter subject to the following:

(1) Where an authority authorises the use of a car in excess of 1450cc then the allowance payable shall be for the category 1200 to 1450cc.

(2) The 451 to 999cc allowance shall apply only where an employee actually uses a car in that category.

(3) Where an essential user on the flexible duty system actually uses a car in excess of 1199cc then the allowance payable shall be for the category 1200 to 1450cc.

7. Essential users are those whose duties are of such a nature that it is essential for them to have a car available whenever required. Casual users are those for whom it is desirable that a car should be available when required.

8. Where an essential user’s car is not in use as a result of either a mechanical defect or the absence of the employee through illness the lump sum payments should be paid for the remainder of the month in which the car is first out of use and for a further three months thereafter. For the following three months half of the lump sum should be paid.

9. Where an essential user’s car is off the road for repairs the fire and rescue authority shall reimburse the cost of travel by other means of transport.

10. An employee who is required to have communications equipment fitted to his or her car shall be paid the single fixed compensation payment set out in circulars issued by the NJC.

11. These provisions apply only where employees are required to use their own cars. Locally determined arrangements will apply where employees are provided with a car by the fire and rescue authority or through a leasing scheme.

Accommodation, rent, fuel and light allowances

12. A fire and rescue authority may provide residential accommodation to an employee and may also provide free fuel and light. Where the authority charges rent for such accommodation a suitable independent avenue of appeal should be available to the employee.

13. A fire and rescue authority may pay a rent and/or fuel and light allowance to an employee on the day-crewing duty system who undertakes retained duties. An employee who is paid such an allowance shall also be paid a compensatory grant equal to the income tax paid in the previous tax year on both the allowance and on any previous compensatory grant received.

14. An employee who leaves the service shall be paid the whole of the compensatory grant due to him or her at that date. In the case of death this amount shall be paid into the employee’s estate.

Loss of or damage to private property

15. A fire and rescue authority may reimburse an employee in respect of loss of or damage to private property, including cash, sustained while on duty.

Mess managers’ allowance

16. An employee who undertakes the duties of mess manager or deputy mess manager may be paid a locally determined allowance.

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SECTION 5 - HEALTH ISSUES

PART A - HEALTH, SAFETY AND WELFARE

General principles

1. The NJC recognises the importance of health, safety and welfare in the workplace and is committed to achieving standards of excellence in the fire and rescue service. The wide variety of hazards encountered in the service needs to be controlled through appropriate training and the systematic application of preventive and protective measures in a risk assessment framework.

2. Fire and rescue authorities have a duty to comply with legislation governing the health, safety and welfare of employees. This includes the conditions under which employees work, the provision and maintenance of necessary protective clothing and equipment, the communication of relevant health and safety information, and the provision of appropriate facilities, including training, for health and safety representatives. Local policies and procedures should also cover the following issues, on which the NJC has developed guidance:

(1) good hygiene practices;

(2) first aid;

(3) facilities for pregnant women and nursing mothers;

(4) headwear;

(5) facial hair;

(6) HIV/AIDS;

(7) needlestick injuries and hepatitis; and

(8) management of stress.

3. Employees have a duty to take care of themselves and others affected by their activity at work and to co-operate with the fire and rescue authority’s actions, policies and guidance on health, safety and welfare.

4. Fire and rescue authorities are encouraged to provide appropriate workplace facilities for female employees in line with the Workplace (Health, Safety and Welfare) Regulations 1992 .

Uniform and personal protective equipment

5. Employees shall be provided free of charge with any appropriate uniform, clothing or equipment, which shall remain the property of the fire and rescue authority. Such provision shall follow an assessment under Regulation 6 of the Personal Protective Equipment at Work Regulations 1992 of any risks to health and safety and shall include the protective clothing and equipment at paragraph 7 of the Guidance to the Regulations and any other items identified by the risk assessment.

Spectacles for use on the fireground

6. Fire and rescue authorities