Chapter 5 - Deputising and temporary promotion/progression
Appendices
- This chapter sets out the principles and policy of deputising and temporary promotion/progression and explains how they apply to staff in the Crown Prosecution Service. The terms deputising and temporary promotion/progression cover all paid service in a higher level/pay band other than through substantive promotion/progression.
- Where a vacant post exists, or an employee is absent for reasons which are not associated with the duties of the post, deputising or temporary promotion/progression will be considered in the following circumstances:
- the work cannot be postponed until the absent employee returns;
- management objectives require the work to be covered during the employee's absence by a specified employee and not shared amongst staff as part of their standard duties;
- the employee chosen to cover the post is competent to take on the duties and responsibilities which would have been undertaken by the absent member of staff.
- depending on the post to be covered and any particular management responsibilities attached to it, more than one person may cover the post during the period that the vacancy exists/the postholder is absent (see paragraph 17);
- deputising and temporary promotion/progression may only be approved where it is essential to cover a post during an employee's absence and the full duties of the absent employee are performed;
- each case must be treated on its merits and management must weigh carefully the need and cost. Deputising or temporary promotion/progression at each level in the management structure must be justified separately;
- where an employee is expected to be absent for a minimum of 3 months, temporary promotion/progression terms will apply from the outset. In all other cases the deputising allowance will be paid;
- approval must not be given for staff on probation to deputise or be temporarily promoted/progressed;
- deputising and temporary promotion/progression should begin and end on a working day;
- where an employee works part of their normal working week in a higher level/pay band and the remainder in the substantive level/pay band, he/she will be paid the deputising allowance for as long as this arrangement lasts; and
- the arrangements covering deputising and temporary progression/progression do not apply to Level C Pay Band C1.
- Line management should set criteria when selecting for deputising or temporary promotion/progression. As a minimum, the following approach should be adopted:
- deputising
- the need for deputising should be looked at in terms of short and medium term;
- short term means up to, or in the region of, 20 days: in such circumstances a recognised deputy could cover the post;
- medium term means an absence in excess of 20 days (or thereabouts) but not of sufficient duration (assuming it is known at the outset) to warrant temporary promotion/progression. For such periods, line management should consider a wider field of people. The field will be determined by such factors as the number/location of offices within the Area and the nature of the post to be covered;
- if, unexpectedly, short term becomes medium term, line management should consider whether the recognised deputy should continue to deputise. Line management should determine the relevant factors and record them;
- decisions relating to deputising must be recorded in order that they may be explained to interested parties.
- temporary promotion/progression
- if a post is to be filled on temporary promotion/progression expressions of interest will be sought based on details circulated by management. The details will include such requirements as are appropriate to the vacancy/management needs;
- those interested will submit a minute setting out how/why they meet the requirements;
- a panel consisting of at least two people, one of whom represents line management, will be convened to consider the expressions of interest. The panel will draw up a merit order, with reasons, having either held interviews or conducted a paper exercise. If the panel is to consider other documents, this will be made clear when the details of the post are circulated. Offers of the post will be made in accordance with the merit order;
- the representative from line management will inform the applicants in writing of the outcome of the panel's deliberations. Those not successful may appeal. Any appeal, setting out the reasons, should be submitted in writing to the Area Business Manager/HR Services for HQ posts within 14 days of the date of the minute notifying them of the outcome. The Area Business Manager/HR Services for HQ posts will decide who will be the appellate authority and notify the appellant.
- For staff who are deputising only days of attendance in the higher level/pay band will count towards the deputising allowance.
- Deputising is not permissible when an employee in a higher level/pay band is on flexi-leave.
- For staff on temporary promotion/progression the following applies:
- absences on annual leave qualify for payment at the higher rate;
- sick absence or special leave (with or without pay) for more than twenty days will require the arrangement to be reviewed;
- absences on maternity or adoption leave will qualify for payment at the higher rate until such time as the post is filled by the return of the employee in the higher level/pay band or another employee substantive in the level/pay band.
- Deputising must be approved at Chief Crown Prosecutor, Assistant Chief Crown Prosecutor, Branch Crown Prosecutor, Area Business Manager or Service Centre Manager level. In HQ Directorates and the Inspectorate, the authorising employee will normally be at Level D or above.
- Where an allowance is paid for deputising;
- it will be a pensionable allowance of 8% of the maximum consolidated basic pay (ie the pay band maximum) for the substantive pay band, paid in addition to the substantive pay of the deputising employee in the lower pay band. The allowance will not reckon for the calculation of overtime or starting pay on promotion/progression;
- daily rates will apply for staff deputising in a higher level/pay band for the standard 41/42 hours working week;
- it may be paid for the net hours actually spent deputising as an hourly allowance calculated by dividing 8% of the band maximum for the lower pay band by 1879.2 (for London) or 1931.4 (elsewhere). Reference tables for the calculating of the deputising allowance for each level/pay band may be obtained from the HR Directorate.
- Other conditions of service for the higher level/pay band - eg additional annual leave - will not apply. Service will not count towards performance pay in the higher level/pay band.
- There is a facility on the Chessington payroll computer to record details of the actual period of time an employee has spent deputising and the amount of the payment made.
- Where the deputising allowance has been paid for a continuous period of 3 months (except where staff only deputise for part of the working week), payment will be converted to temporary promotion/progression terms. Guidance on pay action for HR is at Appendix 1.
- Temporary promotion/progression, up to and including Level E, must be approved by Area Business Managers/Service Centre Managers/HR Services for HQ staff. Authorising employees for the Senior Civil Service and the Chief Crown Prosecutor cadre are at Appendix 2.
- Staff who are temporarily promoted/progressed should be informed in writing at the outset by line management that the promotion is temporary and may be ended at management discretion. Staff should also be made aware that temporary promotion/progression does not confer any automatic right to substantive promotion/progression.
- Staff in the following categories are not eligible for temporary promotion/progression:
- those who are the subject of inefficiency proceedings on the grounds of poor performance or poor attendance;
- those who are blocked from promotion/progression for a finite period as a disciplinary penalty.
- Staff who have been temporarily promoted/progressed will receive the rate of pay which would have been paid on substantive promotion/progression to the level/pay band and will take all the conditions of service of the higher level/pay band during the period of temporary promotion/progression - eg overtime, annual leave, subsistence.
- Staff who have been on temporary promotion/progression for 6 months or more during the reporting cycle should receive a performance mark for the higher level/pay band work and an actual/notional mark for the substantive level/pay band.
- The need for long periods of temporary promotion/progression should be avoided wherever possible and accordingly, the maximum period of temporary promotion/progression in a vacant post will normally be six months (excluding staff on loan from other Government Departments). Line management should review temporary promotions/progressions regularly to consider whether the management need for temporary promotion/progression continues to exist and whether the individual covering the post is performing to an acceptable standard. Guidance on pay action is at Appendix 1.
- When staff are substantively promoted/progressed and have completed periods of temporary promotion/progression in the level/pay band into which they have been promoted/progressed, such periods may be taken into account in calculating their starting pay on promotion/progression.
- When staff on temporary promotion/progression revert to their substantive level/pay band there is no entitlement to retain the pay of the higher level/pay band on a mark time basis.
Introduction
Principles
It is to be noted that:
