3. Scope of Agreement
3.1 Existing Employees
Where existing employees are promoted, new pay rates under this Agreement will be applied, but, unless otherwise stated, no other changes of terms and conditions will apply.
Existing employees who are promoted on or after the effective date of the Agreement (in a job role where the terms of this Agreement applied at the time of recruitment) will be assimilated onto the pay scales contained within this Agreement. However, existing provisions relating to sickness, annual leave allowances and overtime remain unchanged for these employees, unless otherwise agreed by the Public Services Commission JNC. Existing pay, terms and conditions will be permanently protected for existing employees that stay on the same grade, unless in future through negotiations with unions, any further changes are agreed.
Where posts are advertised prior to the effective date of the Agreement, as Civil Service Commission and Whitley Council posts with the former scales, and where appointment commences after 1st April 2016, the former scales and other pay arrangements will apply.
3.2 Individuals who become employees of the Public Services Commission as a result of a Transfer of Undertakings, a Redeployment Procedure or being on analogous terms
A Transfer of Undertakings
Government employees who transfer in to the PSC as part of a transfer of undertakings after the new arrangements commence, will transfer to the new scales (with no detriment to pay), and where their existing terms and conditions are the same or similar, or where local agreements would apply, to either Civil Service or manual and craft workers employed in accordance with the PSC Act*, then these provisions would be protected in accordance with normal processes for such transfer. As a rule the PSC will be sensitive to individual cases and would ensure wherever possible that whatever protection arrangements apply, are achieved by agreement. Employees transferred into the PSC as part of a transfer of undertakings will retain continuity of employment for employment law purposes, in accordance with Schedule 5 of the Employment Act 2006.
*Section 8 of the Public Services Commission Act 2015 states:
Protection of rights of public sector employees who become employees of the Commission
(1) A public sector employee who becomes an employee of the Commission by virtue of an order made under section 7 is employed on the same terms and conditions that applied immediately before he or she becomes an employee of the Commission.
(2) Subsection (1) is subject to section 4(10)(b).
(3) Nothing in subsection (1) prevents the Commission from implementing any change to the terms and conditions of employment of any of its employees following any collective bargaining or other arrangements applicable to the employee.
3.3 A Redeployment Procedure
If following redeployment to avoid redundancy, an employee in a Government post prior to 1 April 2016 moves from an IOM Government employer to the PSC, the terms and conditions of employment that will be offered will be those applicable to PSC employees who were in post at 31st March 2016, but subject to any restrictions imposed by the Employment Act 2006 in respect of continuity of service.
3.4 Being on terms and conditions analogous to either Civil Service or Manual and Craft Workers' terms and conditions of employment
If the employee is currently employed on terms and conditions which are analogous to either Civil Service or Manual and Craft Workers’ terms and conditions (now PSC terms and conditions) they would be treated as an existing PSC employee but subject to any restrictions imposed by the Employment Act 2006 in respect of continuity of service.
3.5 Open Recruitment
If individuals are employed on terms and conditions which are not analogous and they voluntarily become an employee of the PSC through an open recruitment process after 1 April, 2016 they will be treated as new starters and all the provisions for new starters will apply.'
However, in exceptional circumstances consideration may be given to the protection of an individual's terms and conditions of employment.
3.6 Manx Utilities Authority
New terms for new starters will also apply to Civil Service and analogous Civil Service posts and former Whitley Council posts within the Manx Utilities Authority (MUA) until such time as any other terms and conditions for these groups are negotiated and agreed by the MUA.
3.7 Local Government Manual and Craft Workers
Local Government manual and craft workers will not be PSC employees; however their terms and conditions of service will apply by-analogy to the PSC terms and conditions of service, including this Agreement, as appropriate, for both existing and new employees.
In the case of bank, relief, seasonal, casual and zero hours contracts, most of which are re-advertised each year, if there is a break in service as provided for by the Employment Act 2006, these roles will be advertised with the new scales and other new terms and conditions. However, the Employer will continue to monitor the impact this has on recruitment, to ensure that such roles remain competitive.
Apprentices who are appointed to a permanent role will retain their former terms and conditions, but will go onto the new salary scales as if they were a promotee, unless there is a break in service in accordance with the Employment Act 2006 or they are appointed as apprentices after the effective date.
3.9 Opting In
At any time, an existing employee may opt to transfer permanently to the New Terms and Conditions in their entirety. Employees may not subsequently transfer back to their old Terms and Conditions.