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Public duties policy

This policy provides details of Birkbeck’s approach towards requests for reasonable time off for statutory public, political, civic and judicial activities and to clarify the associated terms and procedure under which time off may be granted and for what purpose.

Birkbeck considers it desirable that its employees participate in the political and civic life of the communities in which they live and work.

All employees are entitled to:

  • stand for election as local councillors
  • act as magistrates
  • serve on other local bodies associated with statutory and community services
  • join the Territorial Army, the Royal Naval Reserve, the Royal Marines Reserve, the Royal Auxiliary Air Force, or the Special Police Force (or equivalent) ('Reserve Forces')
  • attend jury service and act as a witness in court.

All employees are free to stand for parliament and assemblies, but must resign from Birkbeck’s employment if elected. However, any employee considering such a move must inform his/her line manager at a very early stage that he/she is considering standing for parliament/assemblies or playing a public part in parliamentary elections and give assurance that these activities can be exercised without conflict of interest with his/her duty as an employee. At the line manager's discretion, unpaid leave (up to one month) may be given to an employee who is standing for parliament/assemblies to assist in carrying out his/her campaign.

Birkbeck will give reasonable facilities, including (where necessary and appropriate) time off, to enable all employees to undertake their share of civic duties.

Appropriate arrangements will also be made for those who are required to attend courts or tribunals in a quasi-judicial or similar capacity, e.g. witnesses, advocates, jury service etc.

Absence related to public duties must be recorded on the leave record form by the individual employee. The form must then be forwarded to their line manager for approval.

Employees must inform Birkbeck if they have any employment outside Birkbeck.

PROVISIONS FOR PUBLIC DUTIES

An employee who is engaged in any of the public duties shown below will be eligible to apply for a reasonable amount of time off to attend relevant meetings or to participate in other approved activities.

In the interpretation of this policy the appointments listed below will be defined as 'public duties':

  • a justice of the peace
  • a member of a local authority
  • a member of a statutory tribunal
  • a member of a Strategic Health Authority/Primary Care Trust
  • a member of a managing or governing body of an educational establishment maintained by a local education authority or a college of further education or the governing body of a central institution or a designated institution
  • a member of the General Teaching Council for England and Wales
  • a member of the Environment Agency
  • a member of a prison board of visitors or a prison visiting committee
  • a member of a police authority
  • the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad.

Any employee wishing to take time off in order to fulfil any of the above activities must give as much advance notice of his/her request as possible. Details must be provided of the duty being performed and the specific activity for which time off is considered necessary.

There is no right to unlimited time off. In determining how much time off from work is reasonable, Birkbeck will take account of the following:

  • the nature of the duties of the office or as a member of the body in question
  • any minimum attendance levels or any compulsory activity requirements stipulated by the public office or body
  • the amount of time off which has already been permitted for other public duties
  • the operational requirements and the effect of the employee’s absence upon the College.

The employee may also need to show that he/she is contributing a reasonable amount of his/her own time towards meeting his/her public duty commitments - possibly including a proportionate amount of his/her annual leave entitlement. Providing Birkbeck is satisfied that adequate notice is being given and that the employee is contributing some of his/her own time then, if the public duties are significant, Birkbeck will normally allow time off and make up any monies received from the public body to normal average earnings for up to a total of five working days per academic year.

Additional unpaid time off will need to be agreed with your line manager and will be discretionary.

Payment is not made for any time spent in excess of normal working hours or for time spent travelling.

Evidence of any attendance and payment of any costs/allowances must be submitted to Payroll in order to claim any make up in earnings. The attendance payments for public duties form (Word) (Birkbeck staff only) must then also be completed and returned.

Jury service

Where requested to attend court as a juror, employees will be granted time off to attend. However, where, in Birkbeck’s view, the release of an employee for jury service raises major staffing or operational problems, assistance will be provided to the employee in order to appeal to the court to re-arrange or cancel the dates of service.

Employees being asked to attend for jury service must notify their line manager immediately. Where jury service lasts for less than half a day the employee must return to work for the remainder of the day, wherever practicable. Employees should keep their line manager regularly informed about how long they are likely to be away from work.

On confirmation of a period of jury service, the employee will receive a ‘Certificate of Loss of Earnings or Benefit’ from the Court Service. This form should be given to Payroll immediately, who will complete it and return it to the employee. The employee must then take the completed form with them on their first day of jury service. During attendance at the court, employees should claim from the court, any compensation for loss of earnings. Birkbeck will then pay the difference between such entitlements and normal average earnings.

Upon return to work the employee must submit to Payroll a completed attendance payments for public duties form (Word) (Birkbeck staff only), together with evidence of the actual payments claimed and received (i.e. the Remittance Advice) from the court. Payroll will then make the appropriate adjustments to pay; superannuation contributions will not be affected.

Employees will also be entitled to claim any travel or subsistence expenses that they may have incurred from the court and these will not be taken into account in the deductions from salary.

APPEARING AS A WITNESS OR AS AN EXPERT WITNESS

Employees will normally be granted time off where they have been requested to attend court as a witness or as an expert witness. However, they must notify their line manager of the request at the earliest opportunity.

As with jury service, the employee must submit the ‘Certificate of Loss of Earnings or Benefit’ that they receive from the Court Service to Payroll at the earliest opportunity. The employee must then take the completed form with them when they attend court. During attendance at the court, employees should claim from the court, any compensation for loss of earnings. Birkbeck will then pay the difference between such entitlements and normal average earnings.

Upon return to work the employee must submit to Payroll a completed attendance payments for public duties form (Word) (Birkbeck staff only) together with evidence of the actual payments claimed and received (i.e. the Remittance Advice) from the court. Payroll will then make the appropriate adjustments to pay; superannuation contributions will not be affected.

Employees will also be entitled to claim any travel or subsistence expenses that they may have incurred from the court and these will not be taken into account in the deductions from salary.

Reserve forces

It is recognised that employees may work as volunteers, in a number of reserve forces. These include:

  • Territorial Army
  • Royal Naval Reserve
  • Special Police Force
  • Special Fire Service
  • Reserve Air Forces
  • Royal Marines Reserve.

This list is not exhaustive.

Employees who are members of the Reserve Forces are required to declare this at the start of their employment with the College. Employees who wish to join the Reserve Forces while in the College’s employment should discuss this with their line manager.

Where time off work is required, employees are expected to use a proportion of their annual leave entitlement. Providing the employee is not also undertaking a public duty as detailed previously, Birkbeck will provide additional paid leave up to a maximum of five working days in any leave year, however if this is not used it can not then be carried forward into the next leave year. Applications for time off must be made to the employee's line manager at the earliest opportunity, and must be recorded on their leave record form (download the relevant form from annual leave guidance on HR connect).

Employees who are members of the reserve forces will be allowed time off when they are called up for active duty in times of conflict, in accordance with any guidelines issued by the reserve forces or any government body. Guidelines for employees who are members of a Reserve Force and who are called out for active service are available from Human Resources on request.

RESPONSIBILITY

All those persons referred to within this policy are required to be familiar with the terms of this policy.

Individual managers are responsible for ensuring that this policy is applied within their own area. Any queries on the application or interpretation of this policy must be discussed with the Human Resources team prior to any action being taken.

The Director of Human Resources has the responsibility for ensuring the maintenance, regular review and updating of this policy. Revisions, amendments or alterations to the policy will be agreed in consultation, where applicable with the recognised Trade Unions and the appropriate College Committee.