The Society’s Employment Law Advisor
ADVICE NOTE: Pay
Introduction
This advice note should be read in conjunction with the notes on Job Evaluation, the Green
Book and the current Pay Scales.
The salary should be stated in the employee’s contract and any changes should be notified
after approval by the Council to the employee in writing.
When an employee begins working for a local authority, agreement must be reached
between the local authority and employee as to the rate of pay. The Council in setting the
rate of pay needs to be mindful of the Equal Pay legislation and formal job evaluation is the
best way to ensure compliance. This rate of pay will be a contractual term of the new
employee’s contract and will be determined by a number of factors:
1. Legal minimum pay rates;
2. Rate of pay or pay scales prescribed by national agreement;
3. The outcome of any formal job evaluation;
4. An accepted market rate within the sector.
National Legal Limits on Pay
National Minimum Wage rates are governed by the National Minimum Wage Regulations
and outline the minimum wages which must be paid to an employee of a certain age or an
apprentice.
The current National Minimum Wage rates are as follows:

£6.08 - the main rate for workers aged 21 and over ;

£4.98 - the 18-20 rate;

£3.68 - the 16-17 rate for workers above school leaving age but under 18;

£2.60 - the apprentice rate, for apprentices under 19 or 19 or over and in the first
year of their apprenticeship
The age at which an employee became entitled to the main rate was reduced from 22 to 21
on 1 October 2010. The apprentice rate was introduced on the same date.
This Advice Note has been produced in conjunction with Ellis Whittam
SLCC  2011 not to be reproduced without permission
The Society’s Employment Law Advisor
ADVICE NOTE: Pay
Clerks’ Pay
NALC and SLCC strongly advise that the starting salary of a Clerk to the Council should, as
a minimum, be paid in accordance with the ranges set out below. This has been derived
from an independent bench marking exercise carried out on behalf of the SLCC and NALC
across a sample set of Clerk’s positions. Councils and Clerks should establish the
appropriate similar job specification taking account of the particular realities of the role in
question. On request to NALC & SLCC a specific job evaluation can be carried out to set
the salary baseline for any local council. There will be a charge for this service.
Salary is calculated by reference to the numbered positions on the spinal column points
chart issued annually by NALC and the SLCC. The spinal column points used are those of
the National Joint Council for Local Government Service.
NALC/SLCC Profiles
Scale
Points below
substantive range (c)
Substantive
benchmark range (b)
Points above
substantive range (a)
LC1
(15-17)
(18-22)
(23-25)
LC2
(26-29)
(30-34)
(35-38)
LC3
(39-42)
(43-47)
(48-51)
LC4
(52-55)
(56-60)
(61-68)
Where the Clerk has exceptional responsibilities which would not be sufficiently remunerated
by LC4 upper range it is recommended that a salary is fixed after a formal evaluation and
joint consultation with NALC and the SLCC.
Having established the benchmark salary for the post, the Council will
EITHER
Adopt a salary scale within the range. The salary will rise annually, by automatic increase on
the 1st April each year (or such other date as may be agreed between NALC and SLCC) by
incremental steps, to the scale maximum.
OR
Adopt a single salary point (a ‘spot salary’) within the range. Where a single salary point is
adopted, the Council should review the salary annually.
This Advice Note has been produced in conjunction with Ellis Whittam
SLCC  2011 not to be reproduced without permission
The Society’s Employment Law Advisor
ADVICE NOTE: Pay
In either case, the starting point or single salary point is to be chosen by reference to the
following factors, insofar only as they vary from the description of the benchmark post:

experience and expertise

qualification

whether the clerk is also the responsible Financial Officer

whether the council has developed increased functions as a result of Quality Council

the extent of functions devolved from principal authority level

staffing levels
Under the National Agreement, professional development through a recognised institution or
programme will be rewarded by a salary movement of one upward point on the spinal
column in respect of each level attained. This means that it is possible for a clerk to progress
beyond the top of the scale.
If an incremental scale is used the Council should approve the increment annually and this
should then be notified to the employee in writing. It is good practice to put a copy of the
minute in the employee’s personnel file.
Apart from salary the general terms and conditions for clerks follow the principles of proper
employment practice and specifically the general agreement by the National Joint Council for
Local Government Services. These terms and conditions are expressed in the model
contract agreed by NALC and SLCC and the good practice guidance which is attached to
this agreement. The model contract and good practice guidance cover such things as
pension entitlement, holiday pay, sickness allowance, grievance and disciplinary procedures
and other good practice arrangements.
However, it should be borne in mind that if a clerk is permitted by the Council to act as a
member for another local authority, he or she must not be paid for more than 208 hours per
year for the time which he or she spends in duties of such membership (“Local Council
Administration, Charles Arnold-Baker”).
Other Staff and Green Book Provisions
Other employees are usually paid in accordance with the Green Book provisions or in
accordance with local market rates. The Council may find that their principal authority will for
a fee carry out an evaluation of the roles of other staff; the clerk’s role is best evaluated
under the NALC/SLCC scheme. For local market rates consulting neighbouring parishes or
local employment agencies will provide a guide.
This Advice Note has been produced in conjunction with Ellis Whittam
SLCC  2011 not to be reproduced without permission
The Society’s Employment Law Advisor
ADVICE NOTE: Pay
If the Council abides by Green Book provisions then national agreement outlines that
manual workers should be paid at a weekly rate and officers of the Council should be paid
on an incremental scale. Under Green Book provisions the pay of the employee should be at
either a point or points on the local government pay spine.
A local authority employer is not bound to comply with national agreements on pay,
however, it should be able to objectively justify why it does not follow the national agreement
scales.
Incremental Pay Scales
Incremental pay scales have become the norm for Council employees and provide flexibility
in setting pay for new employees and allow the Local Authority to reward for good
performance or withhold pay increases for poor performance or on the grounds of
disciplinary action.
Spinal Column Points
Green Book provisions provides for six pay scales which are in turn made up of incremental
points to which nationally-agreed salary figures are applied.
1. Scale 1
This scale compromises 8 incremental points, being spinal points 4-11 and covers manual
jobs. Unless the local authority is employing a 16 or 17 year old who is not undertaking the
full role, the minimum salary is point 4 of the scale.
2. Scale 2
Spinal points 12-13.
3. Scale 3
Spinal points 14-17.
4. Scale 4
Spinal points 18-21.
5. Scale 5
Spinal points 22-25.
6. Scale 6
Spinal points 26-28.
This Advice Note has been produced in conjunction with Ellis Whittam
SLCC  2011 not to be reproduced without permission
The Society’s Employment Law Advisor
ADVICE NOTE: Pay
7. Above Scale 6
Spinal points 29-49.
For current National Joint Council (Green Book) Pay scales please see www.LGE.gov.uk,
www.slcc.co.uk and www.nalc.gov.uk
Other Ways of Structuring Pay Grades
As local authority employers are not necessarily bound by the above pay structures, and
other ways of structuring pay grade include:

Short grades- this is the traditional method with a short number of points;

Longer grades or linked grades – linking grades or having longer grades means that
there are more points within a grade so may give a more flexibility to the employer
when placing an employee on a grade. However, the authority may be committing
itself to higher pay grades in the future if an employee rising up the entire scale;

A spot salary – this method allows costs to be controlled and can be paired with other
supplemental bonus structures, however, good practice in relation to job evaluation
and reviews always needs to be taken into account.
This Advice Note has been produced in conjunction with Ellis Whittam
SLCC  2011 not to be reproduced without permission