Pay protection

​​​​​​​​​​​​Introduction​

This document comes in 2 parts.

Part 1 sets out the policy and principles regarding pay protection within the Jersey Public Services.

Part 2 provides the procedure, setting out how to implement the policy with links to toolkit items to give you more information. The procedure is intended as a guide only and may change or be varied from time to time.

​

This policy supersedes all previous policies, circulars and procedures connected with pay protection within the Public Service.

This policy forms part of the code of practice for Reward and Benefits. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

Pay protection policy

Policy purpose​

The purpose of this policy is to provide a pay protection framework to ensure that employees who are in scope of this policy are treated in a fair, consistent and equitable manner.

Policy principles

All our policies are underpinned by our public sector values.

Policy scope 

This policy applies to all Government of Jersey employees on permanent contracts of employment who, because of organisational change have had their contractual, pensionable pay reduced. It also applies to situations where redeployment has been recommended as an outcome from a managing attendance or capability process, as a result of a disability.

This policy does not apply to:

Performance and key accountabilities

Find information on the performance and accountabilities toolkit​​​.​

The procedure ​

What is pay protection

All efforts are made to redeploy you into roles with a similar grade and salary but if you are redeployed into a role which is up to 2 grades lower than your current salary, will be entitled to pay protection.

​What is protected:

What is not protected:

If an employee leaves during the protected years, they are not entitled to any additional payments and payments and claims for protection cannot be made retrospectively.

Employees on protected pay will be required to take on additional responsibility or workload deemed appropriate by management to the level of protection provided.

Consultation

Non-contractual pay is not protected. However, if removed this will be subject to consultation with affected employees and their representatives and due statutory notice of removal will be given.

Level and length of protection

Protection is only applicable up to, but not equal to 50% of the contractual pay of your previous role. This restricts pay protection of more than 2 pay grades. Instances where protection may involve more than 2 pay grades will be reviewed on a case-by-case basis by Reward.

If you are redeployed for reasons of organisational change, you will receive 3 years of pay protection at 100%. ​

If you are redeployed for medical or disability reasons as an outcome of a capability hearing or as an alternative to Ill health retirement, you will receive 1 year of pay protection at 100%.

Increments and pay awards will be applied to your new role and not the protected pay grade. After the third year, your salary reverts to that of your new role, as specified in your contract of employment.

Pay protection for fixed amounts is based on the amount at the date pay protection begins. For example, the protected amount will not change if the pay rate is revised a month after the protection started.

If the amount to be protected is variable. For example, task related payment that is made intermittently, then payment is determined by earnings prior in the last full year or by comparisons to similar job within the department. If these figures are unavailable, then the department will either forecast earnings for the coming year or take the actual monies received by the individual in the previous 3 months and multiply by 4.

Pay protection may end earlier if the if you apply and are appointed to a role at equal or higher salary than the protected role or if you apply for and are appointed to a role with a lower salary.​

Pension (final salary only)

At the end of the pay protection period, you may be given additional years and days of service which will be included in your final salary pension only.

If your pay is reduced following the loss of your pensionable pay supplement you will have ‘added years’ applied to your pension as compensation. This is to ensure that there is no loss to your pension for the contributions both you and the employer have made over the period of your service prior to the removal of your pay protection. This is not applicable to the Career Average Scheme of Public Employees Pension Scheme (PEPF) or the Jersey Teachers’ Superannuation Fund (JTSF).

The additional service will mean that you will maintain the pension you have previously built up and paid for prior to any pay reduction occurring. Any additional service is used in the calculation of your pension when you leave or retire from employment within the Government of Jersey. The additional service will not be awarded where you are a member of the Career Average Related Scheme or the Jersey Teachers’ Superannuation Fund. Find more detailed information relating to your occupational pension from the Government of Jersey public employees pension service.

Support and wellbeing

Your wellbeing is our priority, everyone should feel safe and supported in the workplace, sources of wellbeing support and guidance can be found for public servants on MyStates (internal website). ​

Confidentiality

We all have a right to confidentiality throughout this procedure. Read our confidentiality toolkit for more guidance.

Confidentiality

Glossary of terms

See our glossary of terms for definitions or explanations.