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At their meeting on 26 September 2005, the Council considered the request for a ballot on Graces 1 and 2 of 27 July 2005, and the proposed amendments to Graces 3, 7, and 9. These Graces were for the approval of the recommendations set out in the above Report. The Council have established a timetable for the ballots, which appears in this Notice. The Council have accepted the thrust of the proposed amendments to Graces 3 (approval and publication of HERA point scores associated with each grade), 7 (approval and publication of data on market supplements), and 9 (publication of data on payments additional to stipend). The Council recognize the public interest argument for publishing complete information about patterns of pay across the University, as well as the need for transparency in these matters both to inform decision-making and for the good running of the University. The Council also recognize, however, the need to balance these demands against personal privacy as determined by relevant UK and EU legislation. Accordingly, the Council have agreed to propose their own amendments to Graces 3, 7, and 9. These amendments have been drafted in the light of legal advice received to meet the objectives of the original amendments without potentially exposing the University to legal challenge under privacy-related legislation. The Council advise members of the Regent House to vote placet for Graces 1 and 2, and for Graces 3, 7, and 9 as amended by the Council.
1. The proposals for a new pay and grading structure for non-clinical staff, as published in the Second Joint Report of the Council and the General Board, have been the subject of widespread consultation throughout the University over more than twelve months, including two Discussions in the Regent House, negotiations with trades unions, and through a series of open meetings with staff.
2. Graces for the approval of the recommendations in the Second Joint Report were published on 27 July 2005 (Graces 1-9, Reporter, 2004-05, p. 1020). In a Notice published in the Reporter on 10 August 2005 (p. 1046) the Vice-Chancellor reported that she had received requests for a ballot on Graces 1 and 2 and a proposal for the amendment of Graces 3, 7, and 9.
3. Graces 1-3 propose, respectively, the adoption by the University of a single pay spine, a new pay grade structure, and the HERA grading methodology. Together, they provide the basis of new pay and grading arrangements for Cambridge's non-clinical staff which will enable the University to continue to be able to recruit and retain the high-quality staff who ensure the University's international excellence in teaching and research, and to do so in a way which meets the challenges of the UK's equal pay legislation. Failure to approve these Graces and to implement the new arrangements by August 2006 at the latest may result in reputational damage, damage to employee relations, and loss of funding from the HEFCE under its rewarding and developing staff initiative.
4. Grace 7 concerns the introduction of a scheme for market pay supplements to assist the recruitment and retention of all groups of non-clinical staff. Grace 9 provides for the amendment of regulations consequent upon approval of the other Graces.
5. The Council have considered the amendments to the proposals in the Second Joint Report having regard to the legal requirement to balance personal privacy with disclosure of information which is in the public interest. The Council have considered how the spirit of the amendments might be adopted without exposing the University to the risk of challenge about the disclosure of personal data and, to this end, with the concurrence of the General Board, the Council are putting forward their own amendments to the proposals in the Second Report. These amendments have been reviewed by external solicitors who advise that the publication of information in accordance with such alternative amendments will not contravene the Data Protection Act (1998) or any other legislation protecting personal privacy.
Recommendation (III) in the Second Joint Report reads:
That the Higher Education Role Analysis scheme (HERA) with standard weightings as described in paragraphs 3.5-3.7 [of this Report], be adopted as a common grading methodology for determining the grades of University staff.
It was proposed in August that Grace 3 be amended by adding to the end of Recommendation III the words:
and that the HERA point ranges of the different grades, and the bands within grade 12, be published, with changes subject to the approval of the Regent House by Grace.
The Council agree that the points range associated with each grade should be published; this was proposed in the Second Joint Report for grades 1-12. HERA points ranges applying in the case of academic-related staff to bands within grade 12 cannot be established until sufficient roles have been evaluated. The Council also agree that the Regent House should approve changes in these points ranges. However, during the settling-in period of the new grading structure, modifications to points ranges may need to be made speedily as experience of the new arrangements accrues. During this period, no good purpose would appear to be served by the delays inherent in seeking Regent House approval for any changes. Therefore the Council propose that Grace 3 be amended by adding to the end of Recommendation III the words:
and that, not later than 1 January 2010, the HERA points ranges of the different grades, and of the bands within grade 12, be published for approval by Grace; further amendments shall be made by Grace.
The date of 1 January 2010 marks the end of the pay protection period under the proposed new arrangements.
This Grace is for the approval of Recommendation VII of the Report which reads:
That a policy and procedure for awarding market pay supplements as described in paragraphs 6.2-6.3 and Annex 5 of this Report be approved.
The relevant part of Annex 5 reads as follows:
The decision on whether to award a market supplement and its level will be determined as follows:
in respect of professorial and equivalent staff by the Vice-Chancellor in consultation with the Chair of the School, Academic Secretary, the Registrary, or other head of a non-School institution, as appropriate, and a member of the Personnel Division, on behalf of the competent authority,
for non-professorial academic and related staff and assistant staff by Chairs of Schools, the Registrary or other head of a non-School institution, as appropriate, in consultation with a member of the Personnel Division, on behalf of the competent authority,
in all cases other than those determined by the Vice-Chancellor, the Personnel Committee would approve the award where application of a market supplement exceeds 10% of the total of all other components of salary; it is anticipated that evidence basing of cases, affordability, equal pay auditing, and review will, of themselves, place constraints on the number and size of any market supplements proposed by institutions.
It was proposed in August that Grace 7 be amended by the replacement in Annex 5 of the words:
in all cases other than those determined by the Vice-Chancellor, the Personnel Committee would approve the award where application of a market supplement exceeds 10% of the total of all other components of salary
by the words:
in cases determined by the Vice-Chancellor, the Council will approve the award where application of a market supplement exceeds 10% of the basic salary; in all other cases the Personnel Committee will approve the award where application of a market supplement exceeds 10% of the basic salary; in all cases where application of a market supplement exceeds 10% of the basic salary the market supplement will be published in the Reporter
The arrangements set out in the Second Joint Report were aimed at providing flexibility and speed of response at the point of appointment. If, when a market supplement was deemed appropriate, pay could only be determined by a Committee, as proposed in the amendment, this may put appointments at risk. However, the Council agree that proper authority and reporting are necessary. Accordingly, the Council propose the amendment of Grace 7 by the replacement in Annex 5 of the words:
in all cases other than those determined by the Vice-Chancellor, the Personnel Committee would approve the award where application of a market supplement exceeds 10% of the total of all other components of salary;
by the words:
in all cases where application of a market supplement exceeds 10% of the basic salary, the Council (for professorial and equivalent staff) or the Personnel Committee (for all other cases) would approve the award, provided that, in cases of urgency they may delegate authority to their respective chairs (the Vice-Chancellor for the Council and the Pro-Vice-Chancellor for the Personnel Committee);
The Council have agreed that, for the purposes of transparency, information on all awards of market supplements should be published in suitable anonymized form. They therefore propose the addition of the following sentence to the end of the Annex:
The Council shall publish anonymized statistical information on all awards of market supplements at least annually.
The Council intend that such information would be published by staff category, grade, gender, and School (or equivalent). This information would also be accompanied by interpretive text and relevant summary statistics.
This Grace is for the approval of Recommendation IX of the Report which reads:
That certain regulations be amended, with effect from 1 January 2006, in accordance with the recommendations set out in Annex 10 of this Report.
It was proposed in August that Grace 9 be amended by adding the words:
subject to the following additions to Annex 10 of the Report:
E. Regulations for stipends (Statutes and Ordinances, 2005, p. 639)
By adding the following new Regulation 8:
8. The competent authority shall publish a Schedule to these regulations, to be called Schedule III, which shall contain the grade or range of grades within the structure set out in Schedule I, which has been determined for each University office. Schedule III shall also contain the grade for University staff appointed to unestablished posts for which the grade is grade 9 or above. In the case of offices or staff within grade 12, the Schedule shall state which band or range of bands has been determined for each office and post.
By adding the following new Regulation 9.
9. The competent authority shall publish a Schedule to these regulations, to be called Schedule IV, which shall state the office or post of all members of University staff in receipt of additional payments under the regulations for payments additional to stipend (Statutes and Ordinances, 2005, p. 645) which exceed 10% of the basic salary of the individual staff member. The schedule shall state the level of additional payments made to each office or post.
As drafted, the amendment would cover data about a range of pensionable and non-pensionable payments (e.g. Head of Department, Chair of School, acting up allowances); data relating to support staff for whom information has not previously been published; and certain payments to clinical staff, although such staff do not fall within the ambit of the Second Joint Report. The Council believe that good information is needed, both for managerial purposes and for proper accountability.
The Council propose therefore that Grace 9 be amended by adding the following words to the Grace:
The Council shall publish at least annually anonymized statistical information about the number of non-clinical staff on each step of the single spine and the number of such staff receiving additional payments under the regulations for payments additional to stipend.
The Council intend that data would be published about (i) the numbers of staff on each step of the single spine, by School (or equivalent) and for the institution as a whole, according to staff category, grade, and gender; and (ii) anonymized information, by School (or equivalent), and according to staff category, grade, and gender of additional payments made under the regulations for payments additional to stipend, but excluding payments for clinical responsibility. The Council also intend that this information will be accompanied by its own interpretive commentary. The Personnel Committee will be reviewing all payments additional to stipend during this academical year.
The Council believe that their proposed amendments meet the spirit of the amendments originally submitted, consistent with the University's responsibility in respect of the rights to personal privacy. The Council therefore advise members of the Regent House to vote placet for Graces 1 and 2 and for Graces 3, 7, and 9 with the amendments now proposed by the Council.
In accordance with Regulations 8 and 9 of the regulations for Graces of the Regent House (Statutes and Ordinances, p. 110), a vote will be taken on Graces 1, 2, 3, 7, and 9 of 27 July 2005 by postal ballot. The vote on Graces 3, 7, and 9 and the proposed amendments to these Graces will be carried out under the regulations for single transferable votes.
In connection with this ballot the Registrary will arrange for the printing and circulation of any fly-sheet, signed by ten or more members of the Regent House, which reaches him by 1 p.m. on Monday, 31 October. Fly-sheets must bear, in addition to the signatures, the names and initials (in block capitals) of the signatories (Statutes and Ordinances, p. 114). Voting papers and fly-sheets will be distributed to all members of the Regent House on or before Monday, 14 November; the last date for the return of voting papers will be Friday, 25 November.
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Cambridge University Reporter 19 October 2005
Copyright © 2005 The Chancellor, Masters and Scholars of the University of Cambridge.