SENIOR CIVIL SERVICE HR PRACTITIONERS’ GUIDE TO SCS REWARD, BENEFITS & RECRUITMENT for 2010-11 COVERS THE BUSINESS YEAR 1 APRIL 2010 – 31 MARCH 2011 This document is provided for guidance only – it is not a legal document. CONTENTS Section 1 2 3 4 4.2 4.3 5 5.1 5.2 5.3 5.4 5.5 6 7 8 Annex A Annex B Title Purpose of HR Practitioners’ Guide SCS reward Structure of the SCS base salary framework Page 3 3-4 4-5 Figure 1 Appointing staff Figure 2 SCS Pay Bands 2010/11 Annual Pay Arrangements Base pay, including the use of recyclable savings Non-consolidated variable pay, including differentiating performance Further Department Flexibilities Promotion Dealing with job changes Return after extended absence Individuals on loan Individuals on secondment Departmental moderation Appeals Departmental annual report External recruitment Contact Information 6 7 8 8-10 11 11 12 12 12 13-14 14 14-15 16-17 18 This guidance sets out the central framework within which Departments must operate. More detailed guidance is provided by individual Departments. 2 1. PURPOSE OF THE HR PRACTITIONERS’ GUIDE 1.1 This Guide is designed to help Human Resource (HR) practitioners responsible for advising departmental management on Senior Civil Service (SCS) reward, and should be read in conjunction with ‘Managing Performance in the Senior Civil Service – A Guide for HR Practitioners, Managers, and Members of the Senior Civil Service including Permanent Secretaries’. It sets out the central framework within which Departments must operate. More detailed guidance is provided by individual Departments. 1.2 This HR Practitioners’ Guide to SCS Reward, Benefits & Recruitment 2010/11 covers: the structure of SCS reward – not only base pay and variable reward, but pension and other less tangible elements of the total reward package; the principles that underpin the reward structure; the reward flexibilities available to Departments; advice on advertising salaries and setting starting salaries; and related issues, such as external recruitment and secondments. 2. SCS REWARD 2.1 The total reward package for the SCS is designed to attract, retain, engage and motivate senior leaders, professionals, and specialists of the right calibre in order to continuously improve performance and to deliver business objectives. 2.2 The total reward package comprises four elements: Pay made up of base salary which is consolidated, pensionable pay (for some members of the SCS not all base salary is pensionable), and variable pay which is a non-consolidated (in other words, it is non-pensionable and conditional) one-off award to recognise performance; Conditions made up of pension which is defined benefit and index-linked, and other contractual benefits such as annual leave; Benefits including taxable benefits and allowances that are paid to staff; and, Intangibles made up of (and necessarily limited to) a commitment to work/life balance (for example, contractual and informal flexible working patterns); interesting and socially valuable work; commitment to development; and, a supportive work environment made up of a diverse workforce. 3 2.3 The Minister for the Civil Service has not delegated SCS pay and conditions to individual Departments. The SCS is a corporate resource employed with a common framework of terms and conditions and central arrangements for career management and training. Departments operate the common SCS pay framework in line with the principles set out in: this reward Guide; the Performance Management Guidance for Permanent Secretaries and the SCS; the Civil Service Management Code; and HRDG letters which expand upon or inform Departmental HR of revised policy. HR practitioners are strongly encouraged to contact colleagues in the Cabinet Office’s Civil Service Capability Group/Workforce Directorate if they wish to discuss issues or cases. Contacts are: Mike Watkins (mike.watkins@cabinet-office.x.gsi.gov.uk and 020 7276 1518) and Julia Wood (julia.wood@cabinet-office.x.gsi.gov.uk and 020 7276 1945). 3. STRUCTURE OF THE SCS BASE SALARY FRAMEWORK 3.1 The SCS base salary structure is based on simple broad bands, underpinned by a tailored job evaluation scheme, JESP (Job Evaluation for Senior Posts). JESP provides a consistent basis for comparing the relative value of jobs within and across Departments. It ensures that people with particular levels of responsibility broadly have access to salaries within the same range and supports equal pay. 3.2 Most Departments use the following three core SCS pay bands: Pay Band 1 (PB1) – Deputy Director; Pay Band 2 (PB2) – Director; and Pay Band 3 (PB3) – Director General. 3.3 A small number of Departments and Agencies use an optional fourth Pay Band 1A (PB1A), nominally captured within a JESP range of 11 to 14 but varying within that range from one Department to another to reflect particular organisational structures or business needs. Once adopted in a particular way, the pay band structure applies to all SCS members within the Department. The JESP ranges underpinning Pay Band 1 and Pay Band 2 must be adjusted accordingly. 3.4 Departments may apply higher minima for SCS posts within the M25 if they have decided, on the basis of business need, to pay London rates. Some Departments pay a separate 4 London allowance rather than higher London rates. A Department cannot do both. Departments must set out their policy on this in their SCS pay strategies. 3.5 Within this framework Departments have flexibilities over: whether to use optional PB1A to reflect organisational structure or business needs; the precise JESP range that underpins PB1A; whether to pay higher London minima within the M25 area for Pay Bands 1 and 1A or separate non-consolidated London allowance, or whether to not pay any additional rates for London; and what arrangements to make to position an SCS member moving to London on a level transfer where the higher minimum will not result in a pay increase but the department operates the London minima. 5 Figure 1: Appointing staff IMPORTANT TO NOTE: You must contact the Cabinet Office Civil Service Reward team (see Annex B for contact details) to discuss and agree a course of action if: you are recruiting externally to the SCS and need to adopt a higher starting salary. Departments and Agencies wishing to recruit externally and set salaries for Deputy Directors above £90,000 at PB1 and above £100,000 at PB1A, salaries for Directors above £120,000, and salaries for Director-Generals above £140,000 must contact Cabinet Office to seek agreement before the possibility of higher salaries is advertised or communicated to potential individuals and, in any event, before any offer is made; due to pressing business needs, or in order to address pay anomalies, especially equal pay issues, you wish to consider repositioning salary in-year for existing SCS staff. Action in one Department can have a significant effect on a wider corporate level. It will also be important, before finalising any arrangements, to take legal advice as Departments and Cabinet Office need to be content with the possible ramifications of any action taken. Prior approval must be obtained from the Chief Secretary of HM Treasury if you are considering offering packages of £150,000 or more. 6 Figure 2: SCS Pay Bands 2010/11 Note: this table sets out the 2010/11 pay bands and the Cabinet Office Referral Point for 2010/11. Deputy Director Deputy Director Director DirectorGeneral Pay Band 1 Pay Band 1A Pay Band 2 Pay Band 3 Ceiling £117,800 £128,900 £162,500 £208,100 Cabinet Office Referral Point £90,000 £100,000 £120,000 £140,000 Minimum £58,200 £67,600 £82,900 £101,500 7 – 12 11 – 14 13 – 18 19 – 22 JESP range Permanent Secretary £141,800 – £277,300 7 4. ANNUAL PAY ARRANGEMENTS 4.1 Each year the independent Senior Salaries Review Body (SSRB) makes recommendations to the Prime Minister on SCS pay which cover the pay bands, increases to base salary and variable pay in the light of economic evidence and movements in the private and wider public sector markets for senior executives. In light of SSRB’s recommendations, the Government makes decisions about SCS pay. 4.2 Base Pay This section relates to base pay that will apply through 2010/11. 4.2.1 There will be no increase in the pay bill per head for 2010/11 and therefore no base pay increases are available for members of the SCS in 2010/11 except as set out under the “Recyclable savings” heading below. Recyclable savings 4.2.2 Recyclable savings cannot be used to reward performance or to provide an underpinning base pay award for staff. 4.2.3 Monies available from recyclable savings in 2010/11 must be targeted towards dealing with any instances where a pay anomaly has arisen that does not reflect market value. Departments should seek Cabinet Office approval on how they intend to use this money. All such repositioning should be carried out against clear criteria and the reasons recorded. Examples could include concerns over equal pay issues or large discrepancies in the salaries of individuals engaged in the same type of work, requiring the same skills and with similar lengths of service and performance assessment. These records should then be forwarded on to Cabinet Office. This is to allow the effect of this measure to be reported back to the Senior Salaries Review Body as part of the annual evidence, in line with their recommendation. 4.2.4 If a Department believes that the pay anomalies could give rise to equal pay concerns they must liaise closely with the Cabinet Office to resolve these issues. 4.2.5 If any base pay increase places the salary on or above £150,000 prior approval must be sought from the Chief Secretary of HM Treasury. 4.3 Non-consolidated variable pay relating to performance in 2009/10 This section relates to variable pay that will be payable for performance in 2009/10, assessed now, at the end of the 2009/10 performance year. Details on this were set out in the HR Practitioners’ Guide to SCS Reward, Benefits and Recruitment for 2009-10 published on 31 March 2009. The notes below summarise and update this guidance. 8 To Note: Consideration is still being given to the interaction between relative performance and the level of non-consolidated award. Departments should therefore ensure that the performance management and assessment process proceeds, but should refrain from making, or promising, any payments until further guidance has been issued. 4.3.1 Delivery of performance against objectives is rewarded through non-consolidated variable pay. The Senior Salaries Review Body continues to support the emphasis on nonconsolidated pay as the primary reward for delivery of annual business objectives. Individuals who make the biggest contribution receive the largest payments; individuals who make the weakest contribution receive the smallest payments or none at all. Performance related reward reflects the individual’s relative contribution based on delivery of their annual performance objectives. The monies available for the nonconsolidated budget should only be used for paying end of year awards and should not be used to make any in-year payments. 4.3.2 The criteria used for non-consolidated variable pay awards are the same as for performance assessment. These are: Whether objectives in the corporate, business and capacity parts of the common framework have been met or not, and to what degree. Whether the leadership behaviours and professional skills part of the common framework have been demonstrated or not, and to what degree. Additional consideration may also be given to the degree of difficulty or ease of meeting the objectives in the light of actual events. 4.3.3 Performance related rewards are to recognise performance delivered by the individual. An element of the performance related reward can be used to recognise all members of the SCS within a Department for the collective delivery of a corporate objective aligned to specific business need. Where a Department adopts such an arrangement the scheme must be approved by Cabinet Office. Communication of such a scheme to their SCS members is a matter for the Department and should be read alongside this guidance. Differentiating performance 4.3.4 Whatever variable pay arrangements are adopted Departments should continue to differentiate awards at the individual level so that the strongest performers get the highest awards. To determine relative performance it is necessary to rank SCS members from strongest to weakest. When comparing the relative contribution it is important to ensure that individuals are compared with their peers, i.e. those within in the same pay band, and then ranked in a performance group accordingly. There are four performance groups: Group 1 - Top 25% of performers 9 Group 2 - Next 40% of performers Group 3 - Next 20-30% of performers Group 4 - Bottom 5-15% of performers. 4.3.5 All members of the SCS with an acceptable level of performance must be assigned to a performance group. Poor performers should not be assigned to a performance group. SCS members in Group 4 are not poor performers. However, relative to their peers and colleagues these individuals are the weakest performers. As a result they should not receive any non-consolidated variable pay. Where there are issues over performance individuals should not receive any non-consolidated variable pay and have action taken to address under performance or ongoing poor performance, including the drawing up of a Performance Improvement Plan. 4.3.6 The level of the variable pay award given to each performance group is for the Department to determine in light of its judgement of how it has performed overall, the appropriate degree of differentiation to adopt and the instructions on limits and distributions issued by Cabinet Office. When differentiating between the strongest and weakest performers it may be helpful to consider how challenging in-year objectives have been, whether there were significant difficulties which the individual had to overcome, and how the achievement of objectives have contributed to the organisation’s success. Prior approval must be obtained from the Chief Secretary of HM Treasury, via the senior pay team in the Cabinet Office, for any non-consolidated pay award of £50,000 or more. 4.3.7 Managers should complete a Performance Group Recommendation Form giving evidence to the Department moderation committee on the assessed relative performance of the job holder in terms of performance grouping. Inevitably this is a provisional input to a moderated pay committee process and so, to manage expectations, these recommendations should not be shared with individuals before the moderation committee has sat. Where a manager is responsible for a sufficiently large number of jobholders, they should ensure that the proposed Performance Groups across their area match the distribution outlined above. 4.3.8 Any member of the SCS who is in post for the majority, or all of the reporting period remains eligible to be considered for a non-consolidated variable award even if they are leaving the Department or are about to retire. 4.4 Non-consolidated variable pay relating to performance in 2010/11 4.4.1 We are currently considering the approach to be taken on non-consolidated and performance related awards for performance in 2010/11. Guidance on this will be issued in due course. 10 5. FURTHER DEPARTMENTAL FLEXIBILITIES 5.1 Promotion 5.1.1 Departments should publish their rules for pay on promotion in their SCS pay strategies. For individuals promoted to a job in a higher pay band, their base pay will increase by the greater of: the minimum of the higher band; or a promotion award of at least 10%; if the promotion is from PB1 to PB1A or from PB1A to PB2, the promotion award will be at least 5%, depending on the Department's rules. 5.1.2 In deciding the annual award for recent promotees Departments will take into account the length of time in the SCS. If this is more than 6 months, for example, they may wish to include the individual in the normal arrangements. If it is less, they may choose to reconsider starting pay on promotion in the light of the pay increase they would have received in the lower grade. 5.1.3 Existing Civil Servants who have been successfully recruited to an externally advertised post must be appointed within 10% of the advertised circa salary level. This supersedes the rules on promotion. 5.2 5.2.1 5.2.2 Dealing with job changes If an individual moves jobs in-year, it is important that their contribution in both roles is recognised and rewarded. Departments can either : ensure that a break report is prepared and made available to Departmental management when pay decisions are made at the end of the year under review; or a single composite report is drawn up by both line managers at the end of the year. Where there is a difference in the assessments of performance in the two posts, agreement should be reached about the appropriate pay recommendation. Normally, the line manager with responsibility for the greater part of the year should finalise the report. If the move is to another Department, there should be clear agreement at the outset on how appraisal and pay arrangements will operate. 11 5.3 Return after extended absence 5.3.1 Departments need to decide where in the pay range to position SCS members who return from extended periods away from work (for example, maternity leave or career breaks etc). It is for Departments to decide how to do this and to publish their policy. Simple revalorisation for each year of absence is unlikely to be sufficient or appropriate in many cases; the reason for the absence and previous performance need to be considered. Departments should take care to ensure that their approach does not discriminate against particular groups of SCS members. They should also consider the need for consistency with policies for staff below the SCS. 5.4 Individuals on Loan 5.4.1 When an SCS member goes on loan to another Department, the parent and loan Departments need to agree arrangements for performance assessment and pay decisions at the outset. This is particularly important when one Department operates the optional fourth Pay Band 1A. The individual will thus be assessed relative to others with similar levels of responsibility in the loan Department and included in that Department’s performance group distribution. 5.5 Individuals on Secondment 5.5.1 At the beginning of the secondment the parent Department and the host organisation should agree the arrangements for appraisal and pay determination, and these arrangements should reflect the purpose of the secondment. The line manager in the host organisation should assess the contribution of SCS members temporarily working outside the Civil Service on secondment. Assessments should normally be recorded on the standard SCS performance review record, but other methods can be agreed as long as there is a formal record of performance and contribution. 5.5.1 At the end of the review year the parent Department will take into account evidence from the host organisation on performance in coming to a judgement on pay. The parent Department should allocate the individual to a performance grouping. It may not be possible to make a relative assessment against others in their SCS, but the Department should aim for a fair pay outcome based on the host organisation’s assessment. 5.5.2 While outward secondees are still eligible for non-consolidated variable pay they should not be included in the parent Department’s performance group distribution; neither should variable payments be made from the Departmental variable pay budget or “pot”; payments should be made from a separate Departmental allocation. If there are many secondees it may be better for the Department to make separate arrangements to consider their annual awards. 12 6. DEPARTMENTAL MODERATION 6.1 The role of Departmental moderation, especially in the form of senior pay committees is to: determine and publish the Department’s SCS pay strategy; assess the relative contribution of its SCS members; authorise decisions on individual pay decisions in light of the criteria outlined in both this guidance and the SCS Managing Performance Guidance; ensure the average increase to the SCS paybill is within the centrally determined budget; monitor pay outcomes to ensure that any differences are justifiable; monitor the identification of those SCS members needing extra help and support to improve their performance; ensuring that line managers receive feedback on final pay decisions so that they can explain to individuals how these have been reached; comment on the quality of mangers’ evidence and recommendations so that if necessary, improvements are made for the next year; and report to Management Boards and the Cabinet Office on the operation of the pay round and any lessons for the future. 6.2 Depending on size and functions, Departments may have several pay moderating committees, though the main committee will decide the SCS pay strategy and oversee the process. As well as making decisions on the level of awards the committee is expected to moderate performance objectives and ensure there is a rigorous assessment of performance. Departments are encouraged to appoint at least one independent committee member from another Department or from outside the Civil Service, for example Non-Executive Directors. 6.3 As well as recording pay decisions made in case of appeals Departments should monitor pay outcomes and should, where possible, analyse awards by: pay band; gender; 13 ethnicity; disability; working pattern; business unit; job specialism; length of service in the SCS and the Civil Service; and location. 7. APPEALS 7.1 It is for Departments to decide the membership of the appeals panel but it should include an external member. 7.2 If an appeal is upheld, the individual is allocated to the appropriate performance group and/or awarded a performance payment. There is no further review of others’ awards to fit the required performance group distribution. Earlier decisions stand even if this means that the Department has allocated too many or too few to a particular performance group. 7.3 Departments will be expected to report annually to the Cabinet Office on the numbers of appeals heard and upheld and the grounds. 8. DEPARTMENTAL ANNUAL REPORT 8.1 Each autumn the Cabinet Office reports to the SSRB on the operation of the SCS performance management and reward systems. The Government evidence comprises detailed statistics on the results of the most recent pay round and qualitative information about how the arrangements have worked in practice. To produce this evidence the Cabinet Office requires Departments to complete an annual report, usually in the form of a questionnaire, in the summer after pay decisions have been taken. This covers areas such as: flexibilities used by the Department and their effectiveness; any changes made in the light of experience; performance pay outcomes, including average costs and performance group/tranche distribution; 14 8.2 qualitative feedback on the pay round; views of pay committees; action taken to tackle poor performance and promote continuous improvement; appeals considered, upheld and reasons; how the “recyclable savings” were used within the department; reasons for the departure of staff together with other data from exit interviews; and any equal pay issues and action taken to address them. Departments should ensure that the information provided is accurate as it informs the Government evidence to SSRB. The SSRB has shown concern at some of the omissions in the data that has been presented to it in previous years, in particular exit interviews. 15 Annex A EXTERNAL RECRUITMENT Negotiating higher starting salaries for recruits into the SCS – issues for Departments and Agencies to consider 1. Departments have discretion, based on market evidence, to set starting pay for recruits to the SCS through open competitions between the pay band minimum and the Cabinet Office Referral Point (CORP). In 2010/11 the CORP for PB1 is £90,000, for PB1A is £100,000, for PB2 is £120,000 and is £140,000 for PB3 (also see Figure 1: Contacting Cabinet Office and Figure 2: SCS Pay Bands). Departments must obtain prior approval from the Chief Secretary of HM Treasury for any appointments offering a package of £150,000 or more. 2. If a post would attract a premium in the market because the skills or experience required are scarce, the Department or Agency must contact Cabinet Office for agreement to a stating salary above the CORP. In coming to a view on a higher starting salary the Cabinet Office will take into account any market evidence provided by Departments. It will also draw on external market advice where necessary as well as its wider knowledge of executive reward elsewhere in the SCS and in the wider public and private sectors. 3. In negotiating starting salary with preferred candidates Departments should take into account : the value of the overall reward package, including pension, opportunity for performance payments and intangible rewards; whether the appointment should be permanent or for a fixed term; internal relativities with other SCS members with similar levels of responsibility; any potential equal pay issues; the scope for further headroom for future consolidated pay increases; and the best arrangements for future annual awards, including the balance between base pay and non-consolidated pay. 16 Other key points: Departments should involve the Cabinet Office as soon as possible if there is any likelihood of needing to appoint above the CORP, providing full details of the job and the person specification; Departments must seek approval from the Cabinet Office on non-standard contracts or bespoke performance pay arrangements; In providing advice head-hunters may include a significant recruitment premium in their assessment of salary to encourage candidates to consider changing jobs; Departments should record the reasons for negotiating higher starting salaries in case of future equal pay claims; and Where existing SCS members are successful in open competitions for posts with higher starting salaries the salary on appointment can be informed by the expected external appointment rate. You should also take into account internal relativities and the fact that there may be different role expectations of a Civil Service candidate. 17 Annex B: CONTACT INFORMATION If you have any queries about this guidance or the forthcoming pay round, please do not hesitate to contact Mike Watkins (mike.watkins@cabinet-office.x.gsi.gov.uk) on 020 7276 1518 or Julia Wood (julia.wood@cabinet-offcie.x.gsi.gov.uk) on 020 7276 1945 18