ukho hr manual volume 16 miscellaneous is available on fish.net, the bms or on request from the...

FEB 2010 UNCONTROLLED COPY WHEN PRINTED HRM002 VOL 16

UKHO HR Manual Volume 16

Miscellaneous

1. This volume differs from others in the HR Manual in that it covers a diverse range of topics, each complete in itself. Each topic has a Section to itself, with annexes where necessary.

2. References are made to other sources of information and links to other parts of the HR Manual or to other documents.

Note: This document is the property of the United Kingdom Hydrographic Office. It must not be copied or transmitted to any third parties without the written permission of the Owner. © Crown Copyright 2011

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Date 03.02.2010

Next Review NOVEMBER 2011

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Section 1 Health and Safety at Work Sponsor: Directorate of Safety Environment and Fire Policy – D SEF Pol 1.1 Legislation This section is intended to give a brief introduction to health and safety policy in the UKHO. The legislation from which the policy derives is

• Health and Safety at Work Act 1974 (HSWA) and the Regulations made under it. The UKHO is bound by the general duties imposed by the Act and Regulations except where specific exemptions are made; where such exemptions have been granted it is Agency policy that health and safety standards will, so far as is reasonably practicable, be at least as good as those required by statute.

1.2 Obligations An employer owes a duty of care to his employees (among others) to take all reasonable steps to protect them from injury at work. In addition, the HSWA places statutory obligations on employers, employees and those who provide articles for use at work. This means that all UKHO managers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their staff. They must also conduct their undertakings in such a way as to ensure that non-UKHO employees are not exposed to significant risks. All of us in the UKHO have a duty to take reasonable care to avoid injury to ourselves and to others, and to co-operate with managers in meeting statutory requirements. Manufacturers and suppliers have similar obligations to eliminate risks and to ensure that articles are safe when properly used and that adequate information is available for users. 1.3 Inspections UKHO units and establishments are subject to inspection by the Health and Safety Executive (HSE), an enforcing body under the authority of the Secretary of State for the Department of Environment, Transport and Regions (DETR). Inspections are carried out in accordance with a General Agreement between the UKHO and HSE. 1.4 Personal legal liability of UKHO personnel Although the Crown is exempt from prosecution (Note 1), the HSWA does allow for prosecution of individuals in the public service of the Crown. UKHO employees do not, however, run the risk of prosecution under the HSWA in substitution for the Department. They may be the subject of a criminal prosecution for negligence in discharging duties imposed on them by health and safety legislation, but only in circumstances in which the HSE would prosecute non-Crown employees. 1 This is true at present, but in early 2002 the Crown is likely to lose immunity in Prescott’s reforms 1.5 Claims for damages for injury in the course of employment will usually be brought against the Agency rather than against individuals. Even if a claimant were to bring an action against a member of the Armed Services or a civil servant whose acts were clearly in breach of his or her legal responsibilities, the UKHO would normally take over the case and pay any damages or costs awarded to the plaintiff, provided that the acts were within the course of his or her employment. This would not, however, have any bearing on possible internal disciplinary action against the defendant.



1.6 Further Information For information on management responsibilities: For full details of MOD’s H&S structure, legislation, MOD/HSE General Agreement and guidance on H&S practice: JSP 375 MOD Health & Safety Handbook Note: All individuals must have access to this publication and personal copies must be held by all staff with health and safety responsibilities. A full copy of the UKHO Health, Safety, Environmental and Fire Policy and guidance notes is available on fish.net, the BMS or on request from the Occupational Health and Safety Officer.



Section 2 - Not Used Section 3 Legal Proceedings 3.1 General 3.1.1 Introduction Any one of us might become involved in legal proceedings, as a claimant,

defendant or witness. This situation may arise in the course of our employment as civil servants or in our private capacity as a citizen. Even in the latter case, the UKHO or Ministry of Defence may have an interest. This section describes what to do if you find yourself in this situation and provides guidance on aspects of jury service.

3.1.2 Legal Advice

The advice here is based on the position in England and Wales. Northern Ireland and Scottish law differ in some respects and guidance not found here can be sought from PL(LS)Legal. The Legal Adviser to the UKHO Legal Advisor is the Treasury Solicitor, who has staff working alongside PL(LS)Legal. In Scotland it is the appropriate Scottish legal adviser and in Northern Ireland the Crown Solicitor who advise the MOD. However, in the first instance, PL(LS)Legal will provide advice on legal proceedings and will refer to the Legal Adviser, if necessary. Where the proceedings involve sensitive political issues or matters bringing into question UKHO/MOD policy and procedures, papers should be forwarded, through the UKHO Legal Adviser to the PL(LS)Legal and then to MOD Legal Adviser.

3.1.3 If, as a result of an occurrence in your private life, you are arrested or charged by the Police, or convicted and fined, placed on probation, imprisoned or otherwise punished by a court of law, you must follow the procedures laid down in the Conduct volume of the UKHO HR Manual. If you wish to seek legal advice in a personal capacity, you should consult your own solicitor.

3.1.4 When to seek legal advice on official business

In considering whether you should seek legal advice, you should consider whether a legal issue arises which cannot be obviously answered either by yourself, or your immediate line managers, or for which no general guidance has been given. You should not seek legal advice unnecessarily, but it is sensible to err on the side of caution and seek advice where you are in doubt. You should seek advice in good time. It is sensible to have cleared your approach to seek legal advice with your line manager; it would normally be appropriate to seek guidance, unless the matter is urgent, at Grade B1 level or above.

3.1.5 How to seek legal advice

It is usual to approach a Legal Adviser in writing. Where the matter is urgent, or the matter is extremely complicated you should not be afraid of seeking preliminary advice on the telephone, or in certain circumstances at a meeting. When preparing your request for advice, set out the facts clearly. You may also wish to consider whether to set out briefly the law or which you are aware,



particularly where this involves secondary legislation or Treasury or Departmental rules. You should also draw previous legal advice on a particular topic to the Legal Adviser’s attention, and formulate the questions which you wish answered. Please also provide a deadline as to when the advice is required and send a copy of your request to the UKHO Legal Adviser.

3.1.6 When legal advice is received, challenge the advice if you are uncertain or unhappy. Follow the advice for the right purpose and do not misapply advice given for other purposes in other cases. 3.2 Officers involved in legal proceedings as a result of their duty 3.2.1 Civil actions against the Crown or its employees

The Crown may be liable (like any other employer) for any damages sought for the wrongful actions or omissions of any of its employees in the course of their duties. These acts are legally defined as Torts (or Delicts – Scotland).

3.2.2

Whilst it is possible for a claimant to sue an individual Crown employee, if the aim is in respect of the employee’s official duties, the claimant will usually sue the Crown and leave the employee out of the proceedings altogether. It is also possible that the claimant will sue both the Crown and the Crown employee. If this is the case and the allegations are substantiated, judgement will be given against both the Crown and the Crown employee. Unless the court decides that at the time the employee was not acting in the course of his duty, the employer will be responsible for the damages.

3.2.3 Torts committed in the course of employment

If you are sued as a result of an action carried out in the course of your duty, you should bring it to the attention of the HR Department through your Head of Branch. If it is accepted that the alleged tort did occur in the course of duty, the UKHO will normally accept responsibility for any damages to be paid. Any writ or summons in connection with a claim in tort arising out of official duty should be handed immediately to the Head of Branch for onward transmission to UKHO Legal Adviser within 24 hours of the time of service. Within the UKHO Commercial and Legal is the only Branch with the authority to deal with and settle claims for compensation against the UKHO for loss or damage resulting from the tortious acts of its employees. The UKHO does however, carry Employers Liability insurance cover with Guardian Insurance for civilian employees. Any writ or summons in connection with claims under this policy should be sent to Guardian Insurance vis the UKHO Legal Adviser.

3.2.4 Employment Tribunals If you receive Industrial Tribunal proceedings taken against the UKHO, those proceedings should be forwarded to the appropriate UKHO Legal Adviser.

3.2.5 Legal representation

If you are sued for an alleged tort and the UKHO satisfied that the act which is the subject of the proceedings was performed in the course of your employment, you may be given legal representation at public expense.



3.2.6 Criminal proceedings Where you are the subject of criminal proceedings arising out of something that occurred at work, you must notify your Head of Branch who, in turn, must inform the HR department. Each case will be considered on its merits by the HR Department in consultation with the Legal Adviser before deciding whether UKHO should accept responsibility for the case.

3.2.7 Road traffic offences

If you commit a road traffic offence in the course of your job, you may be provided with legal representation in the Magistrates’ Court in the following circumstances: where the UKHO has a financial interest in the outcome of the case eg where subsequent civil action is likely to award damages against the UKHO; if the proceedings arise as a result of faulty equipment or maintenance for which the UKHO is responsible; other exceptional cases where the UKHO is satisfied that they should provide representation at public expense. Exceptionally, you may be represented at public expense in proceedings in Crown Courts (or proceedings on indictment in Sheriff Courts in Scotland) although not where legal aid is available.

3.2.8 Any legal expenses incurred above those agreed to be paid by UKHO (eg

where an officer wishes a particular counsel to be briefed) shall be your responsibility.

3.2.9 Road traffic accidents

If you are driving a UKHO vehicle and you are involved in an accident and you are being prosecuted because of it, you must notify the UKHO’s insurers, Guardian Insurance, immediately. Under the terms of UKHO’s insurance policy, Guardian Insurance will arrange and pay for legal representation for you. This applies only to vehicles normally used in the UK.

3.2.10 Coroners Inquests (Fatal Accident Inquiries in Scotland)

UKHO Legal will arrange legal representation for the UKHO. 3.3 Proceedings instituted by members of staff 3.3.1 Negligence claims

If you are injured through negligence of a third party you are entitled to institute proceedings against that party. This may be a requirement where the circumstances of the injury could give rise to a claim under the Principal Civil Service Pension Scheme.

3.3.2 Civil actions and criminal proceedings

Individuals are responsible for pursuing civil claims or for involvement in criminal proceedings. If you are in any doubt as to whether the UKHO has an interest in any case you are pursuing, you should seek advice from the UKHO Legal Adviser.

3.4 Attendance of officers as witnesses at courts of law



3.4.1 Appearance on behalf of UKHO Members of staff are sometimes asked to appear as witnesses on behalf of the UKHO or other Government Department. Occasionally they will be asked to appear on behalf of the Director of Public Prosecutions (the Crown or Procurator Fiscal in Scotland) or the Police. Attendance should be approved by the Head of Branch. UKHO Legal Adviser will advise if you are in any doubt.

3.4.2 In litigation to which the Crown is not party

If you are asked to give evidence as an expert (as a result of your job with the UKHO) you must ask permission from the Head of HR who will consult the UKHO Legal Adviser. Such permission is normally refused unless the evidence required cannot be obtained from any other source.

3.4.3 Witnesses of fact

A person who is called as a witness, (ie who is served with a subpoena, witness summon or citation) either in civil or criminal proceedings, must attend the Court. Such a summons will require a named individual – usually JVB B1 equivalent and above – to attend court at a date either stated in the document itself or to be notified later. In the case of a subpoena duces tecum order is for the official to attend with the relevant official documents and to give evidence. In some cases solicitors may be prepared to treat the order informally by the UKHO sending the documents to the solicitors themselves without a witness attending court. In either case the UKHO Legal Adviser should be consulted.

3.4.4

A second type of subpoena is a straightforward witness summons, known as a subpoena ad testificandum. This will normally be served on a named individual and will require that he or she attend court to give evidence in a particular case. UKHO staff must comply with subpoenas or witness summonses and normally the UKHO has not objection to such orders provided that the right person has been called and that there are no national security objections. The receipt of a subpoena is not a cause for alarm; officers attending can only give factual evidence and cannot be expected to pass judgements or give advice on aspects of which they have no knowledge. If this happens to you, you should report the matter to your line manager who may consult the UKHO Legal Adviser.

3.4.5 Disclosure of information and public interest immunity

If any part of your testimony as a UKHO employee, or the documents named in a subpoena duces tecum (see paragraph 3.4.3 above) are classified, or in any other way confidential to the UKHO, you should seek guidance from the UKHO Legal Adviser immediately. You must do this in good time, as it is then more likely that the authorities (including the court) can be made aware that security or public interest considerations may affect the evidence that can be given. In certain circumstances a claim of Public Interest Immunity can be made which, if successful, has the effect of preventing the disclosure of official documents in legal proceedings.



3.4.6 Disclosure of documents The UKHO has a firm policy on the disclosure of both official and personal documents. Disclosure of documents may, in some cases, prejudice the UKHO’s case (if it is directly involved) or may reduce the chance of making a successful claim to withhold similar documents in future. If you or a member of your staff receive a citation, subpoena, or any informal request for documents or information where litigation has been (or may shortly be) initiated, you should: send a non-committal acknowledgement; forward a copy of the request to the UKHO Legal Adviser for advice on disclosure, together with a copy of the actual documents; send any order of the Court calling for production of documents to the UKHO Legal Adviser, with the documents in question. In the event of a personal approach from a solicitor – by visit or phone call – for information or documents, you should make a polite but non-committal response and seek the advice of the UKHO Legal Adviser. You should be alert to the fact that such a request may be the first stage in the initiation of legal proceedings and should act accordingly.

3.4.7 Fees and allowances, pay, expenses and leave

Fees and allowances should be arranged in advance with the party calling the witness, and, if attendance is on subpoena, the document should be served on the individual together with a sufficient sum to cover travelling expenses to the court (conduct money). The allowance for attendance, usually described as a fee, is a matter for subsequent settlement and varies for ordinary witnesses, professional witnesses, expert witnesses and interpreters. Annex A includes guidance on pay, expenses and leave for various types of legal proceedings, which is to be followed when staff attend as witnesses. Travelling expenses, subsistence and scales of fees for prosecution witnesses in England and Wales appearing in official time can be obtained from the Clerk of the court or in the case of witnesses at inquests from the coroner. The UKHO Legal Adviser will answer any queries not covered in this section.

3.4.8 Application in Scotland

Paragraphs 3.4.1-3.4.4 also apply to attendance of witnesses at courts in Scotland subject to the following modifications: Criminal Courts. It is seldom that, in a criminal case, an order is made by the court regarding payment of expenses. A witness cited for the prosecution has no legal claim against the Crown for a fee for attending. In practice, however, a fee will be paid according to his or her grade or rank. Any fees received by the witness are to be surrendered to the paying authority. A witness cited for the defence in a criminal case has a claim in law for the witness fee, travelling expenses, subsistence and loss of overtime (if any) against the solicitor acting for the defendant. Any fees received by the witness must be surrendered to the paying officer. Civil courts. A person who is cited as a witness by any party to a case in the Civil Courts has a claim in law for his or her witness fee and travelling expenses against the solicitor of the party who cites him. Refer to Annex A for guidance on retention or surrender of fees and expenses.



3.5 Attendance of civilian witnesses at Service boards of inquiry, unit inquiries and Courts Martial 3.5.1 Preamble

The following paragraphs are intended to set out in simplified form the position of civilian staff in relation to Service boards of inquiry, unit inquiries and Courts martial. They should be read in conjunction with the appropriate chapters of Queens Regulations, and must not be regarded as restricting anything contained in the Rules of Procedure made under the provisions of the Army Act 1955 and the Air Forces Act 1955.

3.5.2 Service boards of inquiry

A Service board of inquiry is an assembly of selected persons (which may include civilians in the service of the Crown) directed to collect evidence and to report on any matter affecting damage to or loss of, UKHO property or any accident involving Service or civilian personnel. The board may also be required to determine, as far as it can, the responsibility of any persons, whether Service or civilian, involved in the matter. If, as a result of the findings of a board of inquiry it is necessary to consider disciplinary action against a member of the staff, the normal disciplinary procedure is to be followed.

3.5.3 While UKHO employees may be required as part of their duty to give evidence

before a board of inquiry, they may not be compelled. If their evidence would be helpful, they should be encouraged to appear as witnesses, but without any undue pressure.

3.5.4 Legal representation for witnesses

Witnesses are examined on oath or, in certain circumstances, permitted to make a solemn affirmation. If you are giving evidence as a witness, as a civilian employee of the UKHO you may be legally represented by your staff association or trade union. Your representative may not be present at any other time, except where the findings of the board may affect your professional reputation or that of another UKHO employee. In that case, the president must give reasonable notice of the proceedings so that you (or anyone else affected) can be present and may be accompanied by a legal, trade union or staff association representative. You (or another employee who may be affected) or your representative may give evidence, question witnesses or produce witnesses or give evidence but may not address the board without the permission of the president.

3.5.5 Naval boards of inquiry

Naval boards of inquiry are not governed by statutory rules of procedure but are conducted in accordance with Queen’s Regulations for the Royal Navy. Witnesses are not examined under oath, and do not therefore need to be legally represented. However they may, if they wish, be accompanied when giving evidence by a friend or adviser (who may be a member of a staff association or trade union official). Where a witness is found to be wholly or partly to blame he or she will be given an opportunity of submitting a written reply to the findings of the report.



3.5.6 Unit inquiries/regimental inquiries/ship’s investigations A unit inquiry may be held by one or more persons subject to Military or Air Force Law, and a MOD civilian may be appointed to serve as a member of, or president of, or may be the only person on, such an inquiry. Paragraphs 3.5.1-3.5.5 also apply to unit inquiries. 3.5.7 Courts-Martial Procedures for Courts-Martial are contained in the Queen’s Regulations applying to the appropriate Service. 3.6 Formal Inquiries 3.6.1 General Attachment of blame. Formal enquiries (which should not be confused with Service boards of enquiry or unit investigations) may sometimes involve civil servants in the risk of being held blameworthy. If it appears, before the enquiry, that blame is likely to fall on an officer, the HR Department will consider special legal representation at public expense. This will not apply however, if the officer appears to have been guilty of wilful or gross negligence. Legal representation. Civil servants often do not realise they may be their own best advocates: the Court may be more helpful to people representing themselves and individuals may be exposed to less serious cross examination than if a legal representative were present. Despite this, if an officer thinks his or her best interests would be protected by having separate representation, the UKHO will consider an application. Whether a civil servant is represented at an enquiry or not, if held to blame as a result of the findings, his or her defence may still be undertaken by the Crown in any subsequent civil action, depending on the circumstances of the case. 3.7 Disclosure of information 3.7.1 Disclosure of information concerning earnings of members of staff Records of earnings (ie gross pay, deductions and net pay) of members of staff are maintained by the UKHO for administrative purposes and it is contrary to normal practice to disclose information from them. However, there are exceptions to this practice where paying officers may disclose details of earnings either with or without the written consent of the member of staff as noted below, and paying officers may disclose details of earnings only in these circumstances: Requests from other Government Departments. Details of earnings of members of staff may be given in response to requests from other Government Departments, where the paying officer is satisfied that reasonable cause is shown. The individual’s consent is not required. Others with reasonable cause eg building societies, insurance companies, finance houses etc. Details of earnings may be disclosed to any enquirer who has reasonable cause to request such information, subject to the written consent of the member of staff. If written consent is not given by the member of staff the enquirer should be told that it is contrary to UKHO practice to disclose details of earnings without the written consent of the individual concerned Solicitors. Details of earnings may be supplied to a solicitor who is acting on behalf of a member of staff without the written consent of the client. A request to supply details of earnings from a solicitor representing someone who is bringing an action against a member of staff should be answered by an explanation



that the information is not disclosed without the written consent of the member of staff (or that of their legal adviser). If the solicitor is not able to get the written consent, details may be supplied, in confidence, direct to the Clerk of the Court or Registrar to the Court where the case is to be heard subject to a written undertaking by the Clerk or Registrar that the information will be used solely in connection with the proceedings. If, despite this offer, there is any suggestion that a subpoena or citation may be served to produce the records, the full details should be supplied without delay to the HR Department. Attachment of Earnings Act 1971. Requests from courts to enable an attachment of earnings order to be made should be handled as quickly as possible. Disclosure of this information does not require the individual’s consent. Maintenance order. Requests from courts for details of earnings of a member of staff, to enable the court to make a maintenance order in respect of a dependent spouse or child, should be complied with, but in doing so it is to be made clear that the information is disclosed solely for this purpose. Disclosure of this information does not require the individual’s consent. 3.7.2 Disclosure of personal information Personal information such as addresses or medical documents should not normally be disclosed without the subject’s consent. However, certain authorities responsible for the records have standing instructions authorising them to release information in defined circumstances. Any requests for personal information not covered by such instructions or by paragraph 3.4.6 should be referred to the UKHO Legal Adviser. 3.8 Jury Service 3.8.1 Civil servants are not exempt from serving on juries, including coroners’ juries. The qualification for serving is based on citizenship under the Juries Act 1974. There are some categories of persons who are disqualified from or who are entitled to be excused from serving on a jury and these will be listed in the summons. If you receive a summons for jury service in England or Wales, you must complete and return to the Jury Summoning Officer the form attached to the summons. If you wish to be excused from jury service for personal reasons you should apply direct to the summoning officer. 3.8.2 If you are called and are eligible to attend for jury service you should inform your line manager. If you are in any doubt as to whether you are ineligible, disqualified or entitled to be excused you can consult the Jury Summoning Officer. 3.8.3 Application to be excused In certain exceptional circumstances, the UKHO may support an application for an officer to be excused from jury service. This applies only: if the officer’s absence would be prejudicial to the efficiency of the UKHO. The nature of the Officer’s grade, status within the establishment or division are factors to be considered. The seriousness of the absence must also be taken into account; f it is considered that the officer’s duty would prejudice the lay character of the jury service, eg by having had close contact with legal proceedings or criminal casework. 3.8.4 Departmental support Officers at JVB B1 level and above may ask for a letter from their Director to support their application to be excused. The letter should:



include precise details of the nature of the work of the prospective juror; state reasons why absence would affect the work of the UKHO; be attached to the jury summons and sent to the Jury Summoning Officer. 3.8.5 Pay and allowances A UKHO employee on jury service should be allowed special leave with pay (though no compensation for loss of earnings they have not lost). They may retain travelling and subsistence allowances received from the court.



Annex A Fees, allowances, pay, leave during legal proceedings Type of Proceedings

Nature of Evidence

Type of Witness

Approval Required

Position Regarding Pay, Leave etc for Absence from Duty

Fees and Allowances

Notes

1. Criminal prosecutions

1a. On official matters or matters arising out of official duties.

Prosecution Witness for the Police in Magistrates/ Sheriff Court.

Head of establishment/ division.

Detached duty (travel and subsistence in accordance with UKHO rules).

Witness to apply to Police for admissible allowances.

All sums received from Police/ Court/ Solicitor must be surrendered to the witness’ paying officer.

1b. On official matters or matters arising out of official duties.

Prosecution witness in any other court.


As above. Witness to apply to Clerk of the Court for admissible allowances.

As above.

1c. On official matters or matter arising out of official duties

Defence Witness.

Head of establishment/division.

As above. Witness to apply to defendant’s solicitor for travel & subsistence allowances, & loss of overtime, if applicable.

As above

1d.At the request of the Director of Public Prosecutions or Police, or of another Department, on

Prosecution Witness.

Head of establishment/division

Special leave with pay only.

Witness to apply to Clerk of the Court/ Police/ OGD for expenses

Sums received by witness in respect of travel & subsistence or loss of overtime may be retained; allowances for



matters neither affecting the UKHO nor arising out of official employment..

attendance must be surrendered to the witness’ paying officer.

1e. Voluntarily on behalf of the defendant, on matters neither affecting the UKHO nor arising out of official employment.

Defence Witness.


Annual leave or special leave without pay.

Witness to negotiate own fee and expenses with the solicitor acting for the party requesting the evidence.

No expenses will be repaid from UKHO funds. If annual leave is used, the witness may make arrangements with the solicitor for compensation for loss of leave; if special leave without pay is used, he may claim compensation for loss of earnings. These allowances may be retained.

1f. On subpoena on behalf of the defendant, on matters neither affecting the UKHO nor arising out of employment.

Defence Witness.



Witness to apply to defendant’s solicitor for travel and subsistence allowances, and loss of overtime, if applicable.

Sums received by witness in respect of travel and subsistence or loss of overtime may be retained; allowances for attendance must be surrendered to the witness’ paying officer.

2. Civil 2a. On official Head of Detached duty (travel and Where the All sums received



proceedings in which the UKHO (or an officer legally represented on UKHO instructions) is a party.

matters or matters arising out of official employment.

establishment/division.

subsistence in accordance with UKHO rules).

UKHO (or the officer) is allowed costs the appropriate amounts are to be claimed through the other party’s solicitor.

by witness must be surrendered to the witness’ paying officer.

3. Civil proceedings (including arbitrations) between private parties.

3a. Evidence – not expert – on official matters or matters arising in the course of official duties, including evidence involving statements of UKHO practice.

Civilian management division, in consultation with UKHO Legal Adviser. No statement or other information to be furnished without such authority.


Fees etc to be paid for services will be settled direct by the civilian management division with the party requesting the evidence

All sums received by witness must be surrendered to the witness’ paying officer.

3b. Voluntary evidence – not expert – on matters neither affecting the UKHO nor arising out of official employment.




No expenses will be repaid from UKHO funds. If annual leave is used, the witness may make arrangements with the solicitor for compensation for loss of leave; if special leave without pay is used, he may claim



compensation for loss of earnings. These allowances may be retained.

3c. On subpoena, evidence –not expert – on matters neither affecting the UKHO nor arising out of official employment.



Witness to apply to defendant’s solicitor for travel and subsistence allowances and loss of overtime, if applicable.

Sums received by witness in respect of travel and subsistence or loss of overtime may be retained; allowances for attendance must be surrendered to the witness’ paying officer.

3d. *Expert witness, acting in an official capacity, eg for another Government Department. *Expert witnesses are dealt with at Annex B.

Civilian management division, in consultation with UKHO Legal Adviser.


3e. Expert witness, acting voluntarily and in a private capacity, on matters neither affecting the UKHO nor arising out of

Civilian management division, in consultation with UKHO Legal Adviser.



No expenses will be repaid from UKHO funds. If annual leave is used, the witness may make arrangements with the solicitor for compensation



employment. for loss of leave; if special leave without pay is used, he may claim compensation for loss of earning. These allowances may be retained.

4. Inquests 4a. Evidence on matters arising from official employment.



Witness to apply to the Court for travel and subsistence allowances, and loss of overtime, if applicable.


4b. Evidence on matters neither affecting the UKHO nor arising out of official employment.



Witness to apply to the Court for travel and subsistence allowances, and loss of overtime, if applicable.

No expenses will be repaid from UKHO funds. Sums received by witness in respect of travel and subsistence or loss of overtime may be retained; allowances for attendance must be surrendered to the witness’ paying officer.

5. Jury Service (civil, criminal or Coroner’s

Head of establishment/ division


Juror to apply to the Court for travel and

Sums received by juror in respect of travel and



inquest) subsistence allowances, and loss of overtime, if applicable.

subsistence or loss of overtime may be retained; allowances for attendance must be surrendered to the witness’ paying officer.

6. Courts- Martial and Service Boards of Inquiry.


Detached Duty (travel and subsistence in accordance with UKHO rules).

No expenses or fees to be claimed by witness required to give evidence at a Court- Martial or Service Board of Inquiry. Witness is to include in his travel claim that he has complied with this instruction.



Annex B Civil Servants as Expert Witnesses 1 Role of an expert witness The duty of an expert witness is to the court, not to either party to the case. The expert must present evidence which is truthful, accurate and complete, reflecting the standards of conduct expected of the profession. Factual information only should be provided; the witness should avoid giving an opinion unless specifically asked to do so. 2 UKHO staff acting as expert witnesses in a private capacity This is considered as ‘outside professional work’, so you must ask permission before you agree to do it. If you are approached privately to give evidence as an expert witness, and you would like to do so, you must first seek advice from the UKHO Legal Adviser. You will not normally be given permission unless the evidence required cannot be obtained from any other source. If the evidence is unrelated to your work in the UKHO and, exceptionally, the UKHO Legal Adviser allows you to proceed, you must use annual leave or special leave without pay to cover your absence. In a case like this, you may negotiate your own fee and expenses – and you may keep them. 3 UKHO staff acting as expert witnesses for the Crown If another Government Department approaches the UKHO for help in providing an expert witness in a case, the UKHO would normally help by providing someone suitably qualified. The UKHO would expect to arrange for evidence to be assembled and to provide before the trial ‘proof of evidence’ (or, in Scotland, ‘statement of precognition’). Such a request must be dealt with by the HR department or by the UKHO Legal Adviser, who will consult other divisions and, if necessary, the Treasury Solicitor. The assistance is provided free if the preparation of evidence only involves a day or two; a longer period may require a charge to be made by the HR department. 4 UKHO staff acting as expert witnesses to parties other than the Crown There may be instances where the UKHO, or an individual, is asked to give expert evidence in cases involving a nationalised industry, a private company or a private individual. The following principles apply:

• the witness must display complete impartiality on the part of the UKHO; • if evidence can be obtained elsewhere, requests should be declined on grounds that it is not UKHO policy to supply expert evidence; • advice may be given as to the professional institution which might be able to supply a suitably qualified consultant or, in special cases, a head of division may be able to suggest names of consultants; • if the litigant subsequently asks for this refusal to be reconsidered, the head of establishment may agree, providing that the UKHO is not involved in the proceedings and subject to the provisions of paragraph 5.

5 If there is any possibility that classified or confidential material may be required, heads of branch must ask the UKHO Legal Adviser for advice. Permission should be given in writing, remembering that:

• the UKHO reserves the right to supply a copy of the proof of evidence to the other parties to the litigation; • the solicitors must give a personal undertaking to reimburse the UKHO for the cost of the witness; time in preparation of evidence and attendance at court, plus reasonable expenses; • if the case comes to trial, the witness will be released as soon as possible.

UKHO Legal Adviser will negotiate the arrangements with the solicitor. As soon as conditions are agreed, the division should notify the other party or their solicitors that the UKHO has been called upon to give expert testimony and should offer to submit a proof of evidence before the trial.



In cases of subpoena of an expert witness, perhaps because the officer’s expertise is known through publication and despite a refusal of permission, the UKHO Legal Adviser must immediately be informed. Negotiations with solicitors must be handled by the UKHO Legal Adviser, covering similar ground to that above. 6 Claims for fees and expenses Civil servants called as expert witnesses in England and Wales may claim expenses for travelling to and from the Court. In order for claims to be made for salary and related costs, officers must keep an accurate record of time spent in preparing evidence, and attending at Court. The UKHO Legal Adviser will consult the Ministry’s Scottish legal advisers in cases which are heard in Scotland. 7 Criminal proceedings The rules in the preceding paragraphs generally apply to the provision of expert evidence in criminal proceedings. Readers should note the following:

• the guidance at paragraph 3 applies if the request is made by the police or the Director of Public Prosecutions; • if the Crown is prosecuting, it is undesirable for civil servants to appear as expert witnesses for the accused either in an official or in a private capacity; • fees to be paid are determined by the Court, and are dependent upon the nature and complexity of the case. The UKHO Legal Adviser must be consulted on claims.

8 Exceptions The rules in this annex do not concern cases:

• where an officer is asked to give factual (but not expert) evidence; • where the UKHO is asked to provide an adviser on technical matters; • where an officer acts as an interpreter; • where staff of the Meteorological Office are involved.



Section 4 Civilian Honours and Awards Sponsor: Civilian Honours Unit - CHU 4.1 Introduction This section gives advice about the submission of recommendations for honours and awards, including some specific medals, available to civilians. It is intended as guidance for sponsors of honours and awards, heads of establishments and divisions, line managers and HR Department. The CHU is responsible for the policy and processing of honours for UKHO and MOD civil servants, employees of private sector organisations with defence interests, employees and volunteers of welfare organisations that have links with the UKHO and MOD and members of Auxiliary/Cadet organisations. Recommendations must be processed at all stages by the minimum number of people on a purely “need to know” basis. 4.2 New Year and Birthday Honours Lists Recommendations for higher honours (eg KBE, Kt, CB, CBE, CMG) should be sent on a MOD Form 408 to the CHU, normally by the beginning of May and November. Recommendations for lower honours (eg OBE and MBE) should be forwarded, again on a MOD Form 408, through line management channels to the designated Sponsor (at Senior Civil Service level). The sponsor will set his/her own deadlines for the submission of lower award nominations, but this will generally be beginning to mid April for the New Year List and beginning to mid October for the Birthday List. A ‘Notes for Guidance’ booklet is available from DSDC Llangennech and CHOTS MODWeb. 4.3 Gallantry Awards The UKHO may recommend for a gallantry award any personnel in the categories described in paragraph 1 above and any member of the public who performs an act of gallantry on MOD property. There are four levels of award for civilian gallantry: The George Cross (Level 1). This award is granted only for acts of gallantry of the greatest heroism or of the most conspicuous courage in circumstances of extreme danger. The George Medal (Level 2). This award is granted for gallantry of an extremely high order. The Queen’s Gallantry Medal (Level 3). This award is granted for gallantry of a high order. The Queen’s Commendation for bravery and The Queen’s Commendation for bravery in the air (Level 4). These awards are granted for gallantry not up to the levels mentioned above but entailing risk to life and meriting national recognition. The criteria for each of these levels of gallantry is dependent upon various risk factors which are explained in more detail in the ‘Notes for Guidance’ booklet. Further information and a pro forma for making a nomination can be obtained from the CHU. 4.4 Imperial Service Medal (ISM) All grades (e.g. staff in Group A and equivalents) are eligible for the ISM. This is the medal of the Imperial Service Order instituted in 1902 by King Edward VII who wished to recognise more fully the services rendered to him by members of the civil service. It is not an automatic award. It is awarded at the prerogative of the Sovereign to eligible civil servants who, on leaving the service, have given not less than 25 years’ meritorious service. Full details about the nominating procedure for this medal are issued to HR Department. Any queries should be referred to the CHU.



4.5 to 4.8 are unallocated 4.9 Foreign Awards and Crown Servants No person in the service of the Crown may accept and wear awards from Heads of Government of foreign states without the Sovereign’s permission. The strictly limited circumstances in which this permission may be granted are stated in paragraphs 3, 4 and 5 of the Foreign and Commonwealth Orders Regulations, a copy of which is at Annex B. 4.10 Contact Civilian Honours Unit Room 462 St Giles Court 1-13 St Giles High Street London WC2H 8LD Tel: 020 72182448/82807/87024/87188



Section 5 Unallocated Section 6 Staff Suggestion Scheme Please see Fishnet for latest policy of the Staff Suggestion Scheme Section 7 Accidents, Injuries and Compensation Joint Sponsors: Directorate of Claims & Legal (Finance and Secretariat) Claims (DC&L(F&S)Claims) HR Operations – Pensions and Leavers 7.1 Introduction This section is to guide individual members of staff, managers, HR staff and heads of establishments. It concerns accidents and injury at work, work-related disease and loss of, or damage to, personal property. It deals, in particular, with the submission and assessment of claims. The question of compensation can be a complicated one and you may need to seek advice from the Department’s experts or from the Department of Work and Pensions (DWP). Much of the detailed advice regarding the reporting of accidents and industrial diseases is in JSP 375, the MOD’s Health and Safety Handbook, which can be found in the Health and Safety section on the Defence Net. Managers are strongly advised to find where the nearest copy is held and to become familiar with it. Section 1 of UKHO HR Manual Volume 16 offers other sources of guidance. The first paragraphs of this section describe national provisions for people injured at work or who suffer industrial disease and outlines the provisions under the Civil Service Pensions Scheme arrangements and common law. They describe how to report accidents and how staff can make a claim for compensation. Later paragraphs relate to the effect on pay and sick leave entitlement, personal insurance policies, indemnities and loss of or damage to personal property at work, and they explain how to submit and assess a claim. Accidents, injuries and industrial disease 7.2 Legislation and Regulations The principle legislation relating to industrial injuries relevant to this section is contained in: Social Security Contributions and Benefits Act 1992. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). Home Civil Service (Third Party Injury) Regulations 1983. 7.3 Reporting of accidents and industrial diseases {DE 18/6/07} Accurate and timely documentation of an incident is essential, to prevent it reoccurring to a work colleague and to comply with reporting duties under RIDDOR. It is also vital for any subsequent enquiry and for any legal process in which the Crown is involved. Individuals and their managers must ensure that they follow procedures in the event of an accident at work. Accident reporting procedures are contained in SEPP018 You should: Note the name and location of first aiders, to help others. Report any accident or injury that occurs to you at work to your line manager and call FM Service Desk 3512 opt.2 for them to make an entry in the Accident book, or ask someone to do it for you.



Complete H652 (UKHO Self Certified Sick Absence Form), if absent as a result of your injuries as soon as possible. Report promptly to the DWP any accident for which you may wish to claim entitlement to benefit. Report to the DWP any attack of disease which a doctor believes may have been contracted during the course of your work (whether you are absent from work or not). You may wish to seek legal advice from a solicitor, your Trade Union or the Citizens’ Advice Bureau. Managers, at all levels, should be mindful of their responsibility under the Health and Safety at Work Act 1974 and subsequent legislation. They should: ensure that an Accident book is provided at their workplace and that it is readily accessible to everyone; ensure that first aiders’ names and locations are prominently displayed; make arrangements for another doctor to see an accident victim, if there is any doubt about the seriousness of the injury; advise anyone unable to work due to a reportable industrial disease of the need to inform the local DWP office to protect their interests under the National Insurance (Industrial Injuries) Acts; ensure that the Accident is reported to FM Service Desk on an Form SEPF018 in accordance with SEPP018 who will complete and forward the form on to the UKHO. 7.4 Accident books {DE 18/6/07} Section 1 of this volume outlines the Department’s Health and Safety policy and directs readers to look for further information in. SEPP001 For the purposes of this section, it is worth reminding all managers that they have a duty to make accident books easily accessible to staff wherever they work. In every case, the entries in the accident book are the formal means by which an employee informs the employers of an occurrence under the Industrial Injuries (Claims and Payments) Regulations 1964. Books should be retained for a minimum of 5 years after last entry in the accident book. The injured person should record the accident, or, if that is not possible, an entry may be made by someone acting on his or her behalf. The DWP lays down the form of entries; if notice has to be given by letter, this is the information that will be needed: name, address and occupation of the injured; date and time of the accident; place the accident occurred; name and occupation of the person who reports the incident, if the injured person is unable to report. A comprehensive system for the reporting of accidents and full instruction is contained in SEPG 018 7.5 Fatalities It goes without saying that the death of an employee as a result of injuries sustained during working hours must be handled with great sensitivity. A full report of the incident will be needed for any subsequent enquiry or claim so it is important for the Head of Establishment to: notify the relevant authorities (e.g. police, HSE, etc) and inform the HR Department of the incident; make a full report within 24 hours to the MOD’s Employer’s Liability insurers Royal and Sun Alliance Plc.



Compensation 7.6 Claims A member of UKHO staff or anyone working on UKHO premises may be able to claim compensation for injury due to an accident or for individual disease arising out of their employment. There are several routes: through the industrial injuries scheme set up under the Social Security Contributions and Benefits Act 1992; under the Civil Service Injury Benefit Scheme (CSIBS); under the Civil Service Compensation Scheme (CSCS); through legal action. Calculation of money that can be paid will take into account all potential sources of benefit or compensation: the principle is that people cannot be compensated twice. 7.7 The National Industrial Injuries Scheme The scheme provides insurance against accidents at work and certain prescribed diseases contracted, in Great Britain, by employees working under a contract of service or apprenticeship. For this purpose, it does not matter if the contract is a formal written one, is oral, expressed or implied. A person is in insurable employment when he or she is working under the control and direction of an employer. Although the scheme requires both the employer and the employee to make contributions, the right to benefit does not depend upon the payment of contributions. (This means that someone injured on the first day of insurable employment is covered by the scheme Generally, contributions paid by the UKHO and its employees are combined with those payable for National Insurance. Insured persons moving within the UK maintain their full insurance rights. Further information can be found in a pamphlet entitled ‘A Guide to Industrial Injuries Scheme’ dated November 1999 and published by the DWP and available from your local Social Security Office. 7.8 Types if injury awards under the National Industrial Injuries scheme If you are not able to work due to an industrial injury or disease you may be eligible for a range of benefits. It is not appropriate here to give full details; they are subject to change and, in any event, can best be explained by the DWP. Some awards that may be payable under the scheme are: incapacity benefit; reduced earnings allowance; disablement benefits; retirement allowance. 7.9 Claims made under the National Industrial Injuries scheme Claims are administered by the DWP. In the event of a claim being made under the scheme, as a manager, HR staff, or Head of Establishment, you might be asked to complete a DWP Form B176 (injury claims) or a B177 (disease claims) form. You should provide any information requested by the DWP, in connection with a claim, including: an accident or alleged accident for which benefit may be payable to an employee or as a result of an employee’s death; the employment details of any employee found to be suffering from (or claiming to suffer) an industrial disease or who has died from an industrial disease.



7.10 Claims from former employees In the unlikely event of current UKHO managers being approached by former employees who worked for the UKHO (or its former titles) before 1948, and who believe they may have become ill due to their employment at that time, it is sufficient to direct correspondence to the UKHO’s employer’s liability claims handlers, Royal and Sun Alliance Plc. Copies should also be sent to the Pay & Personnel Agency (Pensions), who administer the Civil Service Pension Scheme arrangements for UKHO employees. 7.11 Claims under the Civil Service Injury Benefits Scheme (CSIBS) and the Civil Service Compensation Scheme (CSCS) Anyone unable to work as a result of an accident or injury arising in the course of employment, or who contracts an industrial disease, will normally be eligible for sick pay during the period of absence. They may be considered for compensation under the scheme only if they lose earnings: for instance when sick pay reduces after a period to half, or ceases altogether, or if they have to be retired prematurely. It is the duty of the UKHO HR Department inform PPA Pensions when the member of staff is about to suffer loss of earnings due to an accident, injury or an illness arising from their employment. The CSIBS and CSCS also apply to certain groups outside the Civil Service and those who have opted out of the Civil Service Pension Schemes. Further advice on individual cases can be given by PPA Pensions. The policy for injury claims is determined by CP HR Ops Pens&Lvrs. Claims are handled for UKHO by PPA Pensions, who can offer guidance. When PPA Pensions assess a case, they will look at whether the claim is eligible and ensure that a qualifying injury has occurred. They may seek advice from medical advisors to help them determine whether the death or injury was solely attributable to the nature of the duty or arisen from an activity reasonably incidental to it. 7.12 Procedure for submission of Injury Benefit claims under CSIBS The individual should complete Part A of a MOD Form 1092. The individual’s Line Manager should then complete Part B to confirm or comment on the circumstances. The Line Manager will then forward the form to the UKHO HR Department. HR staff must send the relevant documentation from the individual’s personal file at the same time to PPA Pensions so that the claim can be assessed. Compensation under CSIBS paid by analogy to the Criminal Injuries Compensation Scheme (Overseas) If an individual, covered by CSIBS and normally employed in the United Kingdom suffers a criminal injury whilst posted overseas, they are able to apply through the scheme for benefits similar to those received by colleagues working in the UK. Cases should be referred to PPA Pensions by the UKHO HR Department. Assessment will be by analogy to the Criminal Injuries Compensation Scheme (CICS). Procedure for submission of claims under the Criminal Injuries arrangement The individual or their representative must submit a written application for compensation to PPA Pensions, giving a full account of the circumstances surrounding the incident and supplying evidence that the incident had been reported to the police or any other appropriate authority. PPA Pensions will then process the claim and should it be successful will submit a request to DG CP Sec Budgets for a cheque to be issued to the individual. Normally the cost is borne by the employing unit. On receipt of the cheque PPA Pensions will despatch it to the individual or their representative with a covering letter.



Personal Injury Compensation (PIC) – (People required to stay away from home overnight) Under the CSCS, the PIC arrangements provide benefits comparable to those offered by a typical travel insurance scheme to an individual whose duties have taken them sufficiently far away from their normal place of work to justify an overnight stay, and who are then injured or killed whilst off-duty. Procedure for submission of claims under the CSCS PIC arrangements The UKHO has the responsibility to forward a Personal Injury Compensation claim form to the injured member, or in the cases of death, the personal representative. Once the completed form is returned the UKHO assesses whether the claim is eligible and established the level of disablement. The UKHO will arrange for payment of compensation within 2 days of agreeing a Qualifying Injury and ensure that PPA Pensions are informed of any payments made. If an individual is dissatisfied with the outcome of their claim for compensation under the CSIBS or CSCS, he or she has a right of appeal through the Internal Dispute Resolution (IDR) procedures. 7.13 Compensation for serious injury or death while driving on official business The rules on compensation claims arising from injury or damage to property due to an accident caused by a third party are explained in paragraphs 7.16 and 7.27 respectively. However, where a member of staff is driving a UKHO vehicle (including a hired or leased vehicle) and is responsible for an accident, thereby being unable to seek compensation from a third party, then the UKHO may make an ex-gratia payment for the injury suffered. The rules on this form of compensation are set out in the Civilian Travel Manuals Volume 1 and 2. Legal Action 7.14 Injury arising from third party negligence If this happens to you, it is important to understand that different rules apply if the third party is a Crown Servant (acting in the course of his or her duty) or not, and whether there was any ‘breach of duty on the part of the Crown’. A failure to maintain a safe system of work or to provide adequate supervision are examples which may amount to a breach of duty. 7.15 Injury arising out of your employment with UKHO If you believe that you have a valid claim for compensation against the UKHO because you have suffered an injury as a result of an act of negligence committed by the UKHO, or its employees, you can either make the claim yourself, instruct a solicitor or claims management company to act on your behalf or ask your insurance company for advice. When compensation claims are received they are considered on the basis of whether or not the UKHO has a legal liability to pay compensation. Where there is a legal liability to pay compensation, we do so. 7.16 Accidents caused by defective equipment If you are injured while on duty due to defective equipment (including plant and machinery, vehicles, aircraft, clothing) provided by the Crown, you might be able to make a claim against UKHO under the Employers’ Liability (Defective Equipment) Act 1969. This applies even if line management had taken all reasonable care in providing the equipment. You should send your claim to Royal & Sun Alliance Plc. Civilian Employer’s Liability claims received by managers must be immediately sent to Royal & Sun Alliance Plc without acknowledgement.



7.17 Third part not a Crown Servant If you are absent from work due to an injury caused by a third party who is not a Crown Servant and there has been no breach of duty on the part of the Crown it may be appropriate for you to make a claim against the third party. If you wish to do so you are advised to consult a solicitor. In this event you should not be provided with sick pay, however, the UKHO will provide an advance of salary that represents the amount you would have received under the Department’s injury and sick pay arrangements. To arrange the advance you will be asked to complete a Form of Undertaking indicating that the injury relates to a third party and submit both to the UKHO HR Department, who will then forward on to the Pay Section. Once you have signed the undertaking, you will normally have your advance paid promptly, even if you have not yet established whether a claim for damages is appropriate. Please see Paragraph 7.20 for further details. The Form of Undertaking are attached at Annexes A and B respectively. Reproduce forms locally as required. When you come to make a claim against the third party you or your solicitor should ask the PPA to advise on the amount to be recovered and are required to include this as a specific amount for loss of earnings in your claim. 7.18 ToPaS Scheme This scheme provides assistance to civil servants pursuing a claim against a third party (not the Crown). It has been arranged with Betesh Fox Solicitors, who specialise in personal injury claims. This service will be on a conditional fee arrangement (commonly known as a ‘no win, no fee’) further details can be obtained from the UKHO HR Department or by phoning Betesh Fox on 0870 998 9000. Effect on Pay and Sick Leave Entitlement 7.19 If the third party is a Crown servant or when the Crown is negligent In this case, you will be paid sick pay in the normal way and you should not include loss of earnings in any claim, unless you received less than full pay during your absence. 7.20 Refunds of sums advanced The pay office regulations have the full details of how pay should be recovered for the period for which a claim is made and the pay officers will be able to explain how refunds are calculated. The following broad rules apply: if you do not make a claim against a third party, you will not need to refund any money; if your claim is unsuccessful, you will not need to refund any money; if your claim is only partly successful, you will have to refund the same percentage as you received. You can ask your pay office for an explanation of the rules which apply if you were paid at half-rate for any period during your absence. 7.21 Sick Leave Entitlement Your entitlement to sick leave may be reassessed once the responsibility for injury and any consequent claims have been settled. The rules are complex, but, broadly: sick absence will not be counted against your usual entitlement for the period during which you had an advance of salary and for which you have made a refund; if your injury was caused by a Crown servant or the Crown itself was found to be negligent, your full sick pay entitlement will be restored



if you were found to be partly to blame, this will be taken into account and your entitlement will be only partially restored. 7.22 Injury through assault on duty The following rules apply if you are assaulted at work or if an assault on you outside work is clearly and directly connected with your job. The principle underlying your entitlement is that you suffer no loss due to the incident: this period of sick leave should be separately recorded from other sick leave and the pay office informed; during your absence you will receive full pay, less any National Insurance sickness, injury or invalidity benefit you get from the DWP; you will not suffer any loss of overtime or special allowance you would normally have expected. These will be calculated on the basis of an average over the preceding 3 months except where overtime and special pay tends to be seasonal. In those circumstances, you will be paid an amount estimated to be what you could have expected had you been able to work normally. (Note: this does not apply to sick pay in any other circumstances); your absence counts towards superannuation and is not recorded against the normal sick leave allowance; these provisions are subject to the normal rule that sick leave is granted only where there is a reasonable prospect of eventual recovery; if it is likely that you could recover damages from the assailant, your case will be dealt with under the rules in paragraphs 7.17-7.20 on third party claims; if there is any doubt about whether your absence is directly attributable to an assault on duty, it may be necessary to seek advice from the UKHO’s Medical Adviser; an assault on duty which results in injury must be reported in exactly the same way as any other accident or injury (see paragraph 7.3). The Head of Establishment should also make a full report of the incident to the Pay & Personnel Agency and provide any witness statements Personal Insurance Policies 7.23 Accident and life assurance In view of the official provisions for injury compensation, the UKHO is not liable to refund premiums for insurance taken out by individual employees against personal injury. The UKHO will not pay short-term life insurance taken out by employees in connection with their official duties. Description of official duties. If your insurers ask you about the nature of your duties, you should provide information in such a way as to avoid breaching security rules, but, on the other hand, not be so vague as to risk any subsequent disclaimer by the insurance company. If you are in any doubt, ask your HR Department for advice. They may then seek advice from Security. If, because of your official duties, you have to pay a premium higher than would normally be expected of a UK civil servant, you may be entitled to assistance. (Say, for example you have to be in a submarine, or fly or go abroad or you are engaged in duties far removed from those of most civil servants). This assistance will be limited to the additional amount and will be for a sum assured no higher than four times your annual salary. There are other considerations in arriving at the amount you may be entitled to: for example, your pay must not contain an element of recognition of the special duties and the policy must cover at least 10 years. You may be able to have assistance with additional premiums that need to be paid on policies, which are inadequate in changed circumstances or if you need to take out a new policy. In the later case, you will need to get a range of competitive quotes and, again, only the additional premium may be refunded. The policy must be for whole life and be for a period of at least 10 years. You should make a claim for additional premiums as described in this paragraph through your HR Department and provide



the receipt for the additional premium and a copy of the policy. Special consideration may be given when a deployment to an operational theatre affects existing life insurance cover. You should refer to UKHO HR Manual Volume 16, Section 10 for details. Indemnities 7.24 Indemnities required by private companies Staff visiting the premises of a private company while on duty may sometimes be asked to provide a form of indemnity against possible claims for injury or loss. You should refer any such request through your HR Department to DC&L(F&S)Claims, Policy and Finance Group. Loss of, or damage to personal property 7.25 Common Law claims Claims for loss of, or damage to your property which arise out of alleged negligence or omission on the part of the UKHO are called Common Law claims against the Department. They should be referred to DC&L(F&S)Claims, Public Liability Group via the UKHO HR Department. 7.26 Regulational claims If you suffer loss or damage to your property as a direct or indirect result of your official duties, a claim for compensation may be considered. Claims may be settled on an ex-gratia basis, with UKHO acting as a good employer, rather than inferring any legal liability. These claims are called regulational claims and all local management areas have delegated authority to deal with them. However, the UKHO will not automatically pay compensation, so you are strongly advised to carry insurance cover against damage to personal items while you are on duty. 7.27 How to make a claim Use MOD Form 441 (revised 8/91) to submit a claim and send it, within one month of the incident to your HR Department. This is the information needed: an account of the incident and the date; description of item lost or damaged, with original cost, and date of purchase; a receipt or estimate for replacement or repair; a statement from a witness or witnesses to the incident; confirmation that the item was not covered by insurance for replacement or repair. Items should be repaired wherever possible. If the article is judged beyond economic repair, you should enclose a certificate to that effect, from a reputable firm, with your claim. 7.28 How to assess a claim Budget Holders, advised by Budget Managers, will consider claims for compensation. In the UKHO, the authority is the Chief Executive. The following advice is for their guidance. You must take all relevant factors into account when assessing compensation for uninsured loss or damage before reaching a decision. For example, if you consider that the claimant was negligent, this will affect the claim. You should not allow claims for items that it was not reasonable for the person to have with him or her at the time of the incident. Normally, the following are excluded: luxury items; consumables, e.g. foodstuffs, cosmetics; money; jewellery; theft or vandalism; normal wear and tear. You should investigate the full circumstances and, in the case of damage, inspect the article.



The amount of compensation is based on making good actual losses (or repair costs) at the time of the incident and assessors should allow for depreciation. Treasury figures for depreciation are published annually. If calculations indicate that the claimant will receive no payment due to the age of the lost or damaged article, then the assessor may if appropriate authorise a payment based on 10% of replacement value. Officers exercising delegated authority to settle a claim should make compensation at full replacement value only in exceptional circumstances e.g. if the damage occurred immediately after a purchase for which a receipt can be produced. 7.29 (This section not applicable) 7.30 Baggage claims S&M Pol, HQ Strike Command handles claims relating to baggage on RAF flights. Address submissions on a MOD Form 441 (revised 8/91) accompanied by paperwork from movement’s staff at the air terminal that the loss/damage did take place on the flight specified on the claim, to: S&M Pol 3c2 HQ Strike Command RAF High Wycombe Bucks HP14 4UF Tel: 01494 461461 x 6866 Fax: 01494 461461 x 6872 You should confirm that the damage did indeed take place on the flight specified on the claim. Claims made by non-MOD employees such as contractors, Cadets (other than Officer Cadets) are handled by DC&L(F&S)Claims, Policy & Finance Group. 7.31 Data Protection Act In accordance with the Data Protection Act 1998, the UKHO will collect, use, protect and retain the information on MOD Form 1731 A/B in connection with all matter relating to our HR administration and policies. The UKHO is committed to ensuring that all your personal data including that of a sensitive nature is used with your consent, respect for your privacy and only for the limited, clearly stated purposes given below. This also accords with our legal obligations under the Data Protection Act 1998. The information of a sensitive nature contained in the form, such as name, address and staff number will be used only for assisting the Pay Office to arrange Advances of salary and process any future claim made by the individual against a third party. By signing MOD Form 1731 A/B: I confirm that the information I have given is accurate to the best of my knowledge and belief; I confirm that I understand the purpose of the attached/above form (delete as appropriate) and the reasons for the collection of my personal data, including sensitive personal data, and that I agree to my personal data being used as stated. 7.32 Contact points and addresses for Section 7 Royal & Sun Alliance Plc Parkview House Victoria Road South Chelmsford Essex CM1 1NG Tel: 01245 274211



Betesh Fox & Company 16/17 Ralli Courts West Riverside Tel: 0870 998 9000 Manchester Fax: 0161 8328172 M3 5FT e.Mail: [email protected] Pay & Personnel Agency (Pensions) Injury Benefits MOD Cheadle Hulme PO Box 42 Stockport Cheshire SK1 1ED Tel: 0161 426 x 7527 Employers Liability Group Tel: 0207 807 0052 e.Mail: [email protected] Public Liability Group Tel: 0207 807 0066 e.Mail: [email protected]. DGCP HR Ops Pens&Lvrs Room 382 1-13 St Giles High Street Tel: 0207 218 6229 London Fax: 0207 2181226 WC2H 8LD e.Mail: [email protected] Health and Safety Executive Helpline Tel: MOD CHASP Accident Reporting Help Desk c/o Pay & Personnel Agency PO Box 42 Stockport SK1 1ED Tel: 0870 333 0058.


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Annex A Undertaking England, Wales and Northern Ireland Form of Undertaking by a Civil Servant injured owing to the negligence of a third party (England, Wales and Northern Ireland) IN CONSIDERATION of the United Kingdom Hydrographic Office advancing to me sums, in accordance with the Regulations made by the Treasury on the 4th February 1983, during my absence from duty due to an accident in which I was involved on the day of …………………………, 20……I HEREBY UNDERTAKE to refund to the said United Kingdom Hydrographic Office in the event of damages received following an award of damages by a court: (i) where the award specifies a sum in respect of loss of earnings, an amount equal to the sum specified or the total sum advanced whichever is the lesser; (ii) where it is found that I am partly to blame for my injury, the sum referred to in Paragraph (i) will be reduced by the same proportion as the finding of contributory negligence; (iii) where the award is by lump sum in which no specific amount is identifiable as loss of earnings, to refund the advance to the same extent as the total claim is successful, or some such other amount as is, in the opinion of the Head of the Department, fair and reasonable. OR I HEREBY UNDERTAKE to refund to the said United Kingdom Hydrographic Office in the event of damages being received following an out of court settlement: (iv) where the settlement specifies a sum in respect of past loss of earnings, an amount equal to the sum specified or the total sum advanced whichever is the lesser; (v) where I accept that I am partly to blame for my injury, the sum referred to in Paragraph (iv) will be reduced by the same proportion as the level of contributory negligence; (vi) where the settlement is by lump sum in which no specific amount is identifiable as loss of earnings, to refund the advance to the same extent as the total claim is successful, or some such other amount as is, in the opinion of the Head of the Department, fair and reasonable. Name (in block capitals):.............................................................................................................. Signed: ......... Dated the....................... day of ................................................................... 20 ..................... Address: ....... Name of Witness(es) (in block capitals) (1) .................................................................. (2)................................................................... Dated the....................... day of ................................................................... 20 ..................... Address: ........................................................ Address: ......................................................... ...................................................................... ....................................................................... ...................................................................... .......................................................................



Annex B Unallocated



Section 8 Inventions and Patents Sponsor: Director of Intellectual Property Rights – D/IPR 8.1 Introduction This section describes how to handle inventions made by UKHO staff and gives a brief introduction to Patents. 8.2 Disclosure of information All UKHO employees must obey the Official Secrets Act. They have a duty of care to their employer and must not release any official information obtained during the course of their work to anyone not authorised to receive it. 8.3 Patents A patent in the UK is a document issued by the Patent Officer (part of the DTI) which describes an invention and gives the patent owner the right for a number of years to prevent unauthorised use of the invention. An invention can be a product, apparatus, a process or a substance. To be patentable an invention must be new and also not obvious. Any patent will be invalid if the invention is disclosed, other than in confidence, before filling the patent application. Certain other exclusions also apply to an invention being patentable. D/IPR can advise. 8.4 Ownership of inventions The ownership of all inventions, whether or not patentable, is governed by Section 39 of the Patents Act 1977. An invention made by a UKHO employee will belong to the Crown in the following circumstances:

• when made in the course of the employee’s normal duties or under specifically assigned duties during which an invention might reasonably be expected; or • because of the nature of the employee’s position (e.g. senior grade), the inventor has a special obligation to the employer.

In all other cases inventions will be owned by the employee. Employees should beware of disclosing inventions owned or believed to be owned by them outside the UKHO in case they contravene the provisions of Section 8.2 above. Any dispute over the question of ownership should be referred to D/IPR for a ruling; if dissatisfied, an employee may appeal to the Patent Office. 8.5 Obtaining a patent If you make an invention, you must send a description of it to D/IPR who can make an assessment of whether a patent application can be filed. In the case of inventions owned by the UKHO, D/IPR will decide whether to file a patent application and will provide preliminary guidance to employees who own patentable inventions. Patent applications may be filed first in the UK and then around the world. 8.6 Inventions and note keeping It is important that inventors keep dated records of their research and particularly of key development milestones. Failure to do so may make it difficult to prove when an invention was made and this in turn may prevent patent protection being obtained in some countries. D/IPR recommends that bound and numbered notebooks be used to keep records of research and inventions, ie not loose-leaf notebooks. At regular time intervals, notebooks should be endorsed by a superior in the form “I have read and understand this entry”, signed and dated. A person who endorses a notebook entry must not be a co-inventor of an invitation to which the entry relates.



Notebooks should be retained when either completed or no longer required (e.g. when an employee leaves a particular post). D/IPR can advise further on the matter of note keeping. 8.7 Compensation for patented inventions The Patents Act 1977, Sections 40-42, provides for the payment of compensation to an employee-inventor in circumstances where the employer has derived outstanding benefit from an invention which has been patented. 8.8 Contact: IPR 3 D/IPR Poplar 2 MOD PE Abbey Wood #19 PO Box 702 BRISTOL BS12 7DU Tel: Abbey Wood 32885



Section 9 Catering Facilities 9.1 Introduction This section sets out the rules on providing catering facilities at the UKHO. 9.2 Rules and Procedures Catering facilities are provided so that staff can buy mid-day meals and mid-morning and mid-afternoon snacks at reasonable prices, or have access to a room where they can prepare their own meals. The UKHO regards the provision of catering facilities as an important component of its policies for the recruitment, retention, motivation and welfare of staff. Where facilities are made available, and the type of facility provided, will depend on local circumstances and requirements. On site catering facilities at the UKHO are provided by contract with Initial Services/ 9.3 Guidance for top level budget holders

• You decide on the provision of catering, the scale and nature of the catering requirement and the customer prices charged. • It is usual for accommodation, equipment, utilities and furnishings to be provided and maintained for the restaurant operator free of charge. In addition, a cash subsidy may be paid to the operator. The level of subsidy is determined in relation to the contract price. You should seek the advice of Contracts Branch on subsidy and tariff arrangements. • Catering services must be subject to competitive tender at appropriate intervals, usually every 3 or 5 years. • It is your responsibility to make arrangements for the monitoring of contractor performance. This includes nominating a ‘Supervising Officer’ with responsibilities for ensuring basic compliance with the terms of the contract, certifying payments and other administrative functions. • You should inform staff that complaints about the restaurant service from individual users should be made, in the first instance, to the Restaurant Manager or Manageress. Unresolved complaints, or any comments or representations from the Trade Unions, should be made to the Designated Supervising Officer (SO). If necessary, the SO will take the matter up with the contractor. • The maintenance of hygiene standards in catering premises is your responsibility under the provisions of the Food Safety Act. It is the responsibility of, and central to the interests of, the catering contractor, to ensure that catering staff are fully trained in the application of hygiene procedures. You should ensure that the contractor has a system for annual hygiene audits or if not, that you make arrangements for an independent assessment.



Section 10 Conditions of service on Operations, Exercises and during Crises Sponsor: CP/OS Allces 10.1 Introduction This section sets out the conditions of service for UKHO civilian staff on operations, exercises and during crises, both in the UK and overseas. Your first duty as a civil servant is to give your undivided allegiance to the Crown at all times and on all occasions when the Crown has a claim on your services. Regardless of the role of your unit, you will be required to attend for duty up to and including hostilities unless otherwise instructed by your Head of Establishment. The Employment Rights Act 1996 provides employees (except MOD Police) with statutory rights in connection with their personal health and safety at work. This enables you to take appropriate action to protect yourself and others from what you reasonably believe to be serious and imminent danger. Therefore, as a civilian, you cannot be “ordered” to go into, or remain in, circumstances of serious and imminent danger. In accordance with the Working Time Regulations, you cannot be required to work more than an average of 48 hours per week over a period of 17 weeks unless you are willing to do so. In situations where it may be necessary to work more than 48 hours in a week, eg on exercises and operational deployments, you will need to enter into a written agreement that you do so voluntarily. Your line manager will keep a record of the hours worked which will be retained for three years. 10.2 Trades Unions Consultation Both in exercises and crisis situations, the Trades Unions (TUs) are to be consulted over the detailed requirements and implementation of arrangements affecting civilian staff. In exercises, consultation will be undertaken at UKHO Board or Local Whitley Level. While in a crisis situation, the aim should be to consult the TUs at Departmental level. However, this may not always be practicable and modifications to current procedures may have to be the subject of local consultation. Whatever consultative arrangements are put in place, TU representatives should, security considerations permitting, be made aware of the practical need and urgency of the situation. The imposition of changes in matters normally subject to agreement should be made only when the Head of the UKHO is satisfied that it is necessary for operational reasons. In these circumstances, it is to be made clear to TU representatives that the modifications are temporary. 10.3 Staff Occupying Essential Posts Essential staff are defined as those whose continued functioning during exercises and crises is of vital importance to the UKHO. If you occupy a post with a commitment to undertake duties during exercises, operations or crises this must be made clear to you at the outset or as soon as the post is identified as such. It must also be reflected in the job description for the post. You occupy such posts and undertake such duties on a voluntary basis and this does not affect your rights under the employment Rights Act 1996 and the Working time Regulations as described in para 1 above. See para 10.16 for staff designated essential who are members of the Reserve Forces. 10.4 Facilities If the UKHO’s task is likely to make it necessary for staff to work abnormal hours, catering facilities and, possibly, sleeping accommodation may have to be provided. If existing transport facilities prove to be insufficient they may have to be augmented



from local civilian or Service resources. In circumstances when casual meal charges cease to be collected during an exercise, normally after Field Conditions have been declared, staff who are required to participate in the exercise may be provided with food free of charge. They are to be taken on to the Unit ration strength for the duration of the exercise or until such time as the collection of casual meal charges is resumed. 10.5 Injury/Disease/Death Benefits Under the terms of the Principal Civil Service Pension Scheme (PCSPS) there are no special provisions for working in high risk areas or on hazardous duties. Compensation is provided for any injury/disease/death provided that it is solely attributable to the nature of the duty or arises from an activity reasonably incidental to the duty. Such compensation is directly related to loss of earning capacity, not to the nature or extent of the injury or disease. You do not need to be a member of the PCSPS to be eligible for the Injury Benefits provisions. The Personal Injury Compensation arrangements may provide for a lump sum payment to be made to those who sustain a serious injury or death whilst off duty, and therefore not covered by the PCSPS Injury Benefits provisions. These arrangements apply where you are required to stay overnight away from your home because of official duty, or visit or attend a location sufficiently far away from your home to justify an overnight stay. Any individual who is injured as a result of criminal action while in Great Britain can apply for compensation under the Criminal Injuries Compensation Scheme (CICS). CICS does not apply where injuries are sustained outside Great Britain, however payments may be made by the UKHO by analogy with the Scheme. Claims should be made through your HR Department. 10.6 Personal Accident Insurance It is a matter of personal choice whether to take out additional accident insurance cover. However, in view of the official provisions for injury compensation the UKHO will not reimburse you the cost of any additional accident insurance you choose to purchase. If you make a claim under a personal accident insurance policy and the insurance company declines to make payment on the grounds that your service with the Crown has invalidated the terms of the policy, then the UKHO will indemnify you to the extent of the benefit that would otherwise have been payable under the policy, subject to an upper limit of £50,000. 10.7 Life Insurance Life insurance policies that were in existence before you knew of a particular assignment to a “dangerous” area should not be subject to exclusions and should remain unaffected by the scope of your duties. When whole life insurance is taken out, or when you join the UKHO, you must declare to your insurers that you are a civil servant with the UKHO. If you are called on to go into a war zone or an area of conflict, you should inform your Insurance Company that you have been asked to do this as part of your normal duties with the UKHO. Provided this is done, your whole life insurance protection should remain extant. If, at a later stage, the Insurance Company declines to make payment on the grounds that your service with the Crown had invalidated the terms of the policy, then the UKHO will indemnify you to the extent of the benefit that would otherwise have been payable under the policy.



In the unlikely event that your Insurance Company seeks additional sums to provide the same level of cover for an existing policy, the Department will meet the cost. 10.8 Loss of, or Damage to Personal Property The policy for compensation for loss or damage to personal property, where this is either directly or indirectly resulting from official duty and not caused by your own negligence, applies equally in hazardous areas. 10.9 Annual Leave – Recall, Cancellation and Postponement If your leave is postponed/cancelled or you are recalled from leave, the necessary additional travelling expenses, subsistence costs and other resulting abortive costs may be reimbursed. Guidance on the level of reimbursement is in the Travel Manual Volume 1 – UK Travel and applies equally to staff serving overseas. 10.10 Evacuation From Posts Overseas You will be informed officially should it become necessary to evacuate non-essential staff and their dependants from areas of possible conflict or rising tensions. It is not possible to give detailed information about arrangements for individual countries, as these will differ depending on the circumstances. The local admin branch will be able to give you advice about evacuation arrangements in your area. The following travel and subsistence arrangements will apply: Travel Arrangements Flight to the UK or to a third country and reimbursement of reasonable travel costs to an initial destination. Subsistence/Temporary Accommodation Note: Officers on Detached Duty overseas will be expected to return to their own homes. If you return to the UK, you will be expected to re-occupy your own home if that is possible. If it is not possible (perhaps because your house has been rented out) you are entitled to claim the following

• Actual accommodation and food costs and Incidental Expenses Allowance (IEA), in accordance with UK travel and subsistence rules, for you and each dependant if you need to occupy hotel accommodation in the UK. This is payable for 30 nights after which time it will be subject to review.

• IEA for you and each dependant if you stay with friends or relatives in the UK. This is payable for 30 nights after which time it will be subject to review.

After the 30-day point your accommodation arrangements must be reviewed. If your house is rented out and is still subject to an ongoing lease, the Department may assist you with longer term rented accommodation through the payment of Supplementary Rent Allowance (SRA). However, any SRA assessment will take full account of the rent you are receiving from your home. If, on posting overseas, you sold your UK home and, therefore, have no home to reoccupy, you may still be eligible to receive SRA. However, the level of SRA payable will take account of any net income earned from the invested equity from your former home. As an alternative to hotel accommodation it may be possible for the UKHO to assist you by providing temporary accommodation. However, this will be at the market rate of rent the UKHO will reimburse these costs for the first 30 days after which any further assistance will be reviewed in line with the above. You can obtain further



details from your HR Department. Your HR Department will also give you details of your local Welfare Officer who may be able to help. If you are evacuated to a third country you are entitled to claim the following:

• Actual food and accommodation costs in accordance with the normal rules for you and each dependant. This is payable for 30 nights but may be extended at UKHO discretion. • IEA for you and each dependant. This is payable for 30 nights after which time it will be subject to review.

Additional Entitlements:

• You may privately hire a car and claim the cost from the UKHO for up to 30 days. The car hired should be the smallest/cheapest that meets your family needs. No claims for petrol costs for private travel will be paid. • You may claim an advance of salary of up to £3,000 to cover miscellaneous additional expenses that arise because of your evacuation. Payment is subject to an agreement to repay over a period not exceeding 24 months. • Removal of your personal property will be arranged by DTMA as quickly as possible. The arrangements will depend on the local situation. You are advised to insure your personal property. However, the circumstances giving rise to the evacuation may invalidate the terms of your insurance policy. If this should be the case, or if any property is not insured, the UKHO will consider claims for compensation for loss or damage to personal property arising out of the evacuation, in accordance with UKHO HR Manual, Volume 16, Section 7.24.

Allowances In accordance with the normal rules, overseas allowances such as Cost of Living Allowance (COLA), Difficult Post Allowance (DPA) will stop during your absence from post. If your family are evacuated separately and you remain overseas, COLA will continue to be paid but Child Care Addition will cease until your children re-join you. If both you and your spouse are eligible for COLA and one of you remains at post, COLA will continue to be paid but at the rate applicable to the salary band of the individual at post. Welfare The branch responsible for co-ordinating the evacuation should contact the UK Welfare authorities with details of the individuals returning to the UK. If you need to contact a Welfare Officer and are unsure whom to contact, your HR Department should be able to assist you. YOU ARE ADVISED TO AWAIT THE OFFICIAL NOTICE TO EVACUATE. IF YOU DECIDE TO EVACUATE YOUR FAMILY IN ADVANCE OF THIS NOTICE THERE CAN BE NO GUARANTEE THAT THE UKHO WILL MEET YOUR COSTS. 10.11 Protection Against Nuclear, Biological and Chemical Warfare Biological Warfare – Immunisation. Where a specific threat exists you will be offered immunisation and provided with full information on the procedures involved, the benefits and any possible side effects. It is entirely voluntary whether you accept the offer of immunisation. However, if there are two suitable candidates available for a post and one is willing to be immunised and the other is not, the candidate willing to be immunised will be selected. Personal Protective Equipment (PPE). If you are undertaking duties which require you to wear PPE you will receive the appropriate training. Although there are no specified physical requirements for the wearing of PPE you should be reasonably fit. If you



have any doubt about your health or fitness you should seek medical advice before training commences. Full Protective Clothing Allowance. This allowance is paid to compensate for the extreme discomfort of wearing full protective clothing. To qualify for the hourly allowance the full outfit must be worn. See Non-industrial Pay Instructions (General) and Civilian Management (Industrial) Pay Memoranda for the current rate of the allowance. 10.12 Geneva Convention – Identity Cards The Geneva Convention Act 1957 gave effect in UK Law to the four Geneva Conventions of 12 August 1949 concerning humanitarian law in armed conflict. In accordance with the provisions of Article 4 of Geneva Convention III relative to Treatment of Prisoners of War (PW), the UKHO is obliged to issue an Identity Card (F-Ident 108) to verify a civilian’s status in crisis and war as “persons who accompany the armed forces without being members thereof”. This is to ensure that PW status can be claimed in the event of capture by an enemy. You will also be issued with JSP 381 – An Aide Memoire on the Law of Armed Conflict. This leaflet sets out your rights as a PW if captured. In the event of capture, you must give only your full names and date of birth together with the fact that you are a civil servant. If appropriate, F-Ident 108 (which is in English and French) will be issued together with a translation depending on the country concerned. CP/OS Allces, as the sponsor, can arrange additional translations if required, but sufficient time should be allowed for the translation and printing procedures. The translations currently available are:

• F-Ident 108A – Arabic • F-Ident 108B - Bosnian/Croatian • F-Ident 108C – Serbian • F-Ident 108D - Albanian

Under Geneva Convention I and II for the Amelioration of the Conditions of Wounded and Sick Members of the Armed Forces, staff employed on full time medical, dental or spiritual welfare duties are issued with F-Ident 107 and a Geneva Cross Armlet in place of F-Ident 108. It is the responsibility of your CPMA/Civ Sec/Sponsor to ensure that a completed Identity Card is prepared in advance for issue when a threat of hostilities or capture exists. Further details regarding entitlement, preparation and issue of Identity Cards are laid down in the Transfer Manual Volume 2. 10.13 Identity Discs In addition to a Geneva Convention Identity Card, individuals on operational deployments must also be issued with identity discs (commonly known as “dog tags”). They are similar to those issued to all Service personnel and may be used for identification purposes. Each individual will be supplied with 2 discs, which are imprinted with the following essential information:

• Name • Staff Number • Religion • Blood Group (including Rhesus factor)

Both discs should be worn at all times whilst serving in theatre. Further details regarding entitlement, preparation and issue of Identity Discs are laid down in Civilian Transfer Manual Volume 2.



10.14 Discipline When serving overseas in support of a body of the regular Armed Forces, you and your dependants are subject to a limited extent in peacetime to the Service Discipline Acts. Should the Armed Forces be placed on active service, the whole of the relevant sections apply. These arrangements are intended to safeguard you and your dependants who might otherwise be subject to the laws and jurisdiction of the host nation. See the Civilian Transfer Manual Volume 2 for further details. 10.15 Wearing of Uniform and/or Carrying Weapons The Law of Armed Conflict affords civilians protection by granting them special status as non-combatants. A combatant is defined as a member of the armed forces (other than medical or religious personnel) and can be a legitimate target in an armed conflict. Civilians may not be attacked unless they participate directly in hostilities. There is a risk that, were a civilian to wear a military uniform during conflict, a hostile force might regard him/her as a combatant. Similarly, outside conflict, but where security situations are tense, a civilian may be at risk if he or she is mistaken for military personnel. Consequently, civilians should not wear military uniform. For many civilian staff undertaking primarily administrative work (e.g. contracts, finance) in an operational environment there should be no reason why civilian clothing is unsuitable. However, it is also recognised that circumstances may arise or conditions exist where it becomes sensible or helpful to wear military-style clothing and where the advantage of doing so outweighs any risk. The decision whether to advise or allow civilian staff to wear specific items of military-style clothing will be for the local (in-theatre) operational commander to make. In reaching this decision the commander will take into account the local situation as well as the requirement to undertake the work needed to support the military mission. Where a local decision is made regarding the wearing of military-style clothing then this will be promulgated by clear instruction. UKHO civilian staff will always be at liberty to refuse to wear such clothing although the commander may then need to consider how this will impact upon the tasks to be performed and make alternative arrangements accordingly. Where military-style clothing is worn as recommended then this will be provided free of charge but will remain UKHO property. It follows from what has been said above that if a civilian were to carry arms, even if only for personal protection, there is a distinct risk of compromising civilian status. Moreover, the bearing of arms in conjunction with civilian clothing could be regarded with suspicion and lead to a civilian being considered as a spy or other covert operative. Therefore, weapons should not be carried by civilians. 10.16 Staff on Operational Deployments Overseas There is a continuing requirement for civilian staff to serve short tours (up to 6 months) overseas in support of military operations. UKHO maintains a list of staff who are prepared to undertake such tours and acts as the focal point for all HR management and welfare aspects. Due to the nature of the duties, volunteers may be required to work long hours, often 7 days a week, in difficult circumstances. In recognition of this the range of allowances which may be payable, depending on the circumstances, include: For tours of duty of less than one month:

• Operational Allowance – taxable, paid only for authorised operational duty in named operational theatres as promulgated by Personnel Instructions.



• Allowance in lieu of overtime – taxable, for posts certified as requiring excessive hours of overtime staff may opt for a fixed monthly allowance in lieu of overtime/discretionary allowance. • Hardlying Allowance – taxable, may be claimed by staff occupying sub-standard accommodation. If you are in receipt of Operational Allowance you may not claim Hardlying Allowance. • Subsistence (if food and accommodation are not provided free) –non-taxable. • Personal Incidental Expenses Allowance (PIE) – non-taxable. • Overseas Climatic Clothing Allowance – non-taxable. • Luggage Allowance – non-taxable.

For tours of duty of one month or more:

• Operational Allowance. • Allowance in lieu of overtime. • Difficult Post Allowance – non-taxable. • Outfit Grant – non-taxable. • Luggage Grant – non-taxable.

Additionally, individuals posted on operational deployments may be granted extra leave at the discretion of management in-theatre as shown in the table below:

Duration of Tour Entitlement 4 to 6 months 3 days pre-tour

5 days end of tour 5 days mid-tour (ie after 2 months)*

6 months plus 3 days pre-tour 5 days end of tour 5 days after 2 months* 5 days after 4 months*

* Travel back to the UK or an approved lead centre at the mid-tour leave point is at public expense.

10.17 Staff in the Reserve Forces Some staff have a call out liability because they are former Service personnel or members of the volunteer reserve forces. In either case, the Agency should identify such staff as probable losses to their manpower. Because staff turnover would require much nugatory work, there are no routine arrangements for exemption. But in the build up to a crisis, the UKHO will be able to ask the Service manning authorities to exempt staff who would be of more benefit to the Department in their civilian posts than in the Reserve Forces. Applications should give details of name, rank, number, corps or regiment, and present or last unit. Cases of difficulty should be referred to the Directorate of Reserve Forces and Cadets. Once call out notices have been issued, the Reserve Forces Act 1996 permits individual reservists and their employers to apply for exemption or deferral. It should rarely be necessary for the UKHO to use these formal procedures, but contractors and other Government departments may have recourse to them. Guidance on the procedures can be obtained from the Directorate of Reserve Forces and Cadets. Effect of call out on PCSPS. If you are called out under the Reserve Forces Act, although you are on special unpaid leave, you remain a member of the PCSPS and your reserve service will reckon under the scheme unless it reckons under the Armed Forces Pension Scheme. Service cannot reckon for both pension schemes. Widows ‘Widowers’ Pension Scheme (WPS) Contributions. During your period of reserve service WPS contributions cannot be made. You will, therefore, owe for that



period of service if it is reckonable under the PCSPS. You will be able to clear the debt by paying additional periodical contributions or by lump sum on your return. Added Years. Contributions for added years cannot be made during your period of reserve service and this will reduce the number of added years being purchased. However, on your return you will have the opportunity to make good this shortfall by additional deductions from salary. Civil Service Additional Voluntary Contributions (CSAVCs). Similarly, CSAVCs cannot be made during your period of reserve service. On your return you may increase your contributions to make up the contributions not paid during your absence. If you have arranged for additional death in service cover from Equitable Life under the Civil Service AVC Scheme, in order for this cover to continue arrangements will be made to continue the premium contributions on your behalf as an advance of salary, to be recovered on your return. Contributions cannot be made if you become a member of the Armed Forces Pension Scheme. Injury benefits. Death or injury attributable to reserve service will be covered by the Armed Forces Pension Scheme. Death in service benefit will continue to be payable under the PCSPS, if death occurs whilst service with the Reserve Forces continues to reckon under the PCSPS. Contact your HR Department for further details..



Section 11 Other 11.1 Public Transport – emergency arrangements The policy on the steps to be taken when there is disruption to public transport is under review. An addition to this section will be issued when the review is completed. 11.2 Reporting of personal information You must notify your head of branch of any changes of your:

• private address; • telephone number; • particulars of next of kin.

If you propose to marry, remarry or cohabit you must provide your HR Department in advance with the following information about your spouse or partner:

• full names (plus maiden name and former married name where applicable); • date and place of birth; • nationality (now and at birth); • address of intended spouse or partner; • Service/staff number if a Crown servant.

You will find a form at Annex A. In this context, the reference to spouse should be taken to include any person who is regarded as your wife or husband or who lives with you as a partner. 11.3 Divorce or the death of the spouse should be reported to the HR Department and copies of relevant certificates supplied for pension purposes. You should use the term “Government Service” as your profession on your passport. 11.4 Submarine Escape Training It is mandatory for all UKHO employees to receive escape training if:

• they are going to sea for contractors’ post-building trials or post refit sea trials; • they have a continuing or regular liability to go to sea in submarines.

It is not mandatory for single, casual or very occasional trips other than for sea trials. Full details are given in BR 241 – Submarine Escape and Rescue Handbook, part 7, cat 1, part 8. The training is organised by Officer Commanding Submarine Escape Training at FONA, Gosport.



Section 12 Code of Practice for TUPE Transfers in MOD. Contracts Sponsor: Public/Private Partnership Unit 12.1 General The Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE), as amended, protects the employment rights of staff transferred to another employer. A Code that identifies best practice in the handling of transfers where TUPE applies in MOD/UKHO contracts has been agreed between MOD, recognised Trades Unions and Trade Associations. The agreement was signed by US of S and participants on 14 July 1998. The Code does not remove or replace the legal obligations that TUPE places on parties involved in a transfer. The aims of the Code are to reduce uncertainty for personnel and tenderers by seeking early clarification of TUPE application, and to ensure transparency and smooth handling of transfers. The Code is effective for all tenders issued from 10 August 1998. There is no retrospective action on tenders issued or contracts let prior to the above date. Operation of the Code will be reviewed in August 1999. The MOD will be asked to report developments of note to the relevant policy branches as they gain experience of working with the Code. The complete text of the Code follows at Annex A.



Annex A Code of Practice for TUPE Transfer in MOD or UKHO Contracts This Code will be used by all parties as best practice to be followed for the transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 1981, as amended, in Ministry of Defence Contracts. Signatures of parties to the Agreement: John Spellar MP Parliamentary Under Secretary of State for Defence Jack Dromey Vice Chairman MOD Joint Industrial Whitley Council Ann Hedgecock Chairman MOD Council of Civil Service Unions David J Scillitoe for Confederation of British Industries George Eynon for Defence Manufacturers Association Norman Rose for Business Services Association 14 July 1998.



Code of Practice for TUPE Transfers in MOD or UKHO Contracts N.B. – The UKHO will honour this Code Introduction 1. This Code of Practice has been agreed between the Ministry of Defence, (MOD), MOD Recognised Trades Unions (TUs) and Trade Associations. It will be used by all parties involved in contracting with MOD as best practice to be followed for the transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE), as amended, from the MOD to the private sector, or between contractors. 2. The Code draws on the Government’s “12 Guiding Principles in Using Market Testing and Contracting Out 1” which states that the Government’s aim is to achieve best quality services at optimal cost. The key is the energy, commitment and skill of people. The concerns of those affected by change should be fully taken into account and properly addressed when the TUPE applies. The consultation and information requirements of TUPE are to be followed scrupulously. Full, effective and continuous communication is a key to successful improvement and change. 3. This Code does not remove or replace the legal obligations that TUPE places on the parties involved in the transfer but provides further advice and guidance. Aims of the Code 4. The aims of the Code are:

• to seek clarity on the application of TUPE • to maintain the integrity of the contractual process and equity of treatment between bidders, • to provide reassurance to staff that issues concerning their transfer and future employment are fully addressed, • to enable the transfer of staff between employers to be as smooth as possible.

5. Early clarification of the application of TUPE is a key requirement. MOD would normally expect TUPE to apply to service contracts where there is a transfer of significant tangible or intangible assets or of a major part in terms of numbers or skills of the workforce. It will give a view on the application of TUPE in bid documentation. Bids on a non-TUPE basis may be considered if properly justified. The bidder must satisfy MOD that its view on the application of TUPE is soundly based, having regard to the means by which it proposes to provide the service. In circumstances where TUPE applies, MOD must have confidence in the bidder’s proposals in respect of terms and conditions of employment, changes in working practices, TU recognition and negotiating rights. 6. To achieve the aims, it requires all parties in the contracting process to observe their respective responsibilities detailed in the following paragraphs. 1 Issued by David Clark, Chancellor of the Duchy of Lancaster and Cabinet Minister for Public Service, August 1997. Initial contracts Provision of information by MOD 7. MOD recognises that the effective handling of TUPE considerations begins with the need to provide bidders with comprehensive, accurate and timely information. This is



important if they are to meet their TUPE obligations and ensure a smooth transfer of staff. All relevant HR information will be provided at appropriate times during the procurement process and, when necessary, briefings on HR issues will be made available. Normally advice and guidance will be available from within the Top Level Budget Holder’s area/Agency that will be supported by MOD Central personnel policy divisions as necessary. Details are at Appendix 1. 8. There must be full, effective and continuous communication by MOD with the TUs throughout the procurement process. Details of the provision of information and formal consultation procedures are contained in MOD Manual Volume 12. All parties are expected to fully meet their responsibilities under TUPE for full consultation with employee representatives over the implications of the transfer of staff. Information about bidders’ intentions for the workforce 9. During the tendering process MOD will ask for details of the Bidders’ intentions for the workforce, how MOD terms and conditions of employment will be replicated and any proposals to amend terms and conditions of employment. Information provided by bidders will be treated on an “in confidence” basis, but it will be the MOD’s intention to use the information, subject to any clarification, in its consultation with the TUs in order to meet its obligations under TUPE. Details are at Appendix 2. Using past performance on TUPE compliance in the Evaluation of Bidders 10.MOD needs to be satisfied that the services to be provided by the bidder will be achieved with detriment to the staff transferring. Bidders will be required to provide information about their industrial relations and TUPE track record as detailed at Appendix 3. This, together with information collected by MOD under post-transfer reporting, will be considered during the evaluation of bids. Post Transfer Reporting 11. The TUs recognise that after the transfer of staff, responsibility for terms and conditions of employment and TUPE compliance rests with the contractor, with whom they will negotiate. 12. Contractors will provide the MOD with information on TUPE compliance and HR issues. This will be a standard feature of all contracts involving the transfer of staff and a normal part of the relationship on contract delivery with suppliers. Details are at Appendix 4. Contract Re-lets 13. The aims of this Code extend to the re-let of contracts where employees may be transferred between contractors. 14. For bidding purposes, sitting contractors shall be required to provide the information detailed at Appendix 1, paragraphs 2 and 3 (with the exception of pensions). 15. MOD must be satisfied that the bidder’s view on the application of TUPE is soundly based, having regard to the means by which it proposes to provide the service. MOD would normally expect TUPE to apply to the re-let of service contracts where there is a transfer of significant tangible or intangible assets or of a major part in terms of numbers or skills of the workforce. MOD may also consider a bid made on a non-TUPE basis provided that it is properly justified. If on award of contract there is a disagreement between incoming and outgoing contractors about the application of TUPE the Department would normally expect resolution before contract vesting day.



16. Contractors’ industrial relations and TUPE track record will be considered when evaluating bids on the same basis as paragraph 10 and TUPE compliance and HR issues will continue to be a feature of post transfer reporting. Further information 17. The Code is supported by a number of detailed Appendices and related documents that cover contractual and HR issues and TUs consultation. 18. References to bidders in this document cover their responsibilities for any sub-contractors to whom staff may transfer. 19. The Code will be subject to annual review. Code of Practice for TUPE Transfers in MOD contracts Appendices to Annex A Appendix 1 Provision of information by MOD to Bidders Appendix 2 Information about Bidders’ intentions for the workforce Appendix 3 Information about Bidders’ industrial relations and TUPE track record Appendix 4 Post Transfer Reporting



Appendix 1 Provision of information by MOD to Bidders to Annex A 1. Information will be made available to bidders to enable them to take account of their prospective TUPE liabilities. MOD recognises the importance of the information being comprehensive, accurate and timely. Personnel information provided during the bid process 2. The following information will be provided:

• The potential number of staff who may be transferred (but with no obligation to identify individuals by name). • In respect of each of those members of staff, their age, salary, length of service, hours of work, holiday entitlement, overtime hours and enhancement rates, any other factors affecting their redundancy entitlement and any outstanding claims arising from employment.

Information on MOD Terms and Conditions of Employment provided during the bid process 3. Access to the following information will be made available:

• General terms and conditions applicable to those members of staff, including probationary periods, retirement age, periods of notice, current pay agreements, working hours, entitlement to annual leave, sick leave, maternity and special leave, terms of mobility, any loan or leasing schemes, occupational welfare, facility time arrangements and additional employment benefits, (although not all will transfer in their precise MOD form). • Relevant collective agreements. • Details of the Principal Civil Service Pension Scheme, and other public sector pension schemes where applicable.

Personnel information provided at award of contract to successful bidder 4. The following information on each member of staff to be transferred will be provided following contract award where TUPE applies:

• Personal Details Name (surname, forename, title and initials) Date of birth Home address Job title Work location National Insurance Number Conditioned hours of work.

• Pay/Performance Appraisal Annual salary and rates of pay band/grade. Shifts, unsociable hours or other premium rates of pay. Overtime history for preceding 12 month period. Allowances and bonuses for preceding 12 month period. Bank/building society account details for payroll purposes. Outstanding loan/advances on salary or debts. National Insurance contribution rate. Cumulative pay for tax and pension purposes. Any other voluntary deductions from pay. Cumulative tax period. Sickness and absence records for the immediately preceding two year period. A copy of the last Performance Appraisal Report and performance and promotion markings for the preceding 3 years.



• Pensions For pension purposes, the national reckonable service date. Pensionable pay history for 3 years to date of transfer. Percentage of any pay currently contributed under additional voluntary contribution arrangements. Percentage of pay currently contributed under any added years arrangements.

• Leave Annual holiday entitlement and accrued holiday entitlement. Annual leave reckonable service date. Those currently on maternity leave or other long term leave of absence.

• Other information Additional relevant information may be provided, subject to the agreement of the individual member of staff concerned, which may assist the contractor understand more fully circumstances that affect their employment. Existing training or sponsorship commitments. Details of any active disciplinary/inefficiency or grievance proceedings. Details of any legal proceedings between employees and MOD.



Appendix 2 Information about Bidders’ intentions for the to Annex A workforce 1. TUPE provides for the transfer of staff on the terms and conditions of employment which exist at the time of transfer, with the exception of those relating to occupational pensions. There are some Civil Service terms and conditions which are inappropriate to transfer to the private sector or which cannot transfer in exactly the same form. In such cases bidders are required to provide comparable terms and conditions in order that the substance of the rights are preserved. During the tender stage of the procurement process MOD will have made available information to bidders on its terms and conditions of service and collective agreements. Bidders will have to provide detailed information about their intentions for the transferring workforce, demonstrating how well they have understood the existing terms and conditions of employment of the staff and highlight any proposals that they consider need to be negotiated with the Trade Unions (TUs). 2. Bidders will provide information that explains how their technical proposals may affect staff and of any consequences of their existing terms and conditions of service. They will also be required to provide positive statements of intentions in respect of key terms and conditions of employment, a more general statement of their obligations under TUPE concerning the effect of a relevant transfer on contracts of employment, and information on any possible redundancies to be made on economic, technical or organisational grounds. The terms and conditions on which tenderers will be required to make positive statements reflect the information an employer would be required to provide to a new employee within 2 months of taking up employment, as set out in Section 1 of the Employment Rights Act 1996. 3. This information will be considered during the evaluation of bids. 4. A prospective prime contractor will be required to provide similar information relating to any proposals to use sub-contractors to whom staff would ultimately transfer as part of the contract. Information on key terms and conditions of employment 5. Bidders will be required to confirm that information on existing MOD terms and conditions of employment and collective agreements have been examined and understood, for both Industrial and Non-Industrial Staff. The main terms and conditions of service on which tenders will be requested to provide positive statements are as follows: Terms and conditions of service which are capable of being transferred directly:

• Pay and Allowances Basic rates, Non-Industrial Performance Pay. Industrial Bonus and Productivity schemes. Overtime rates. Entitlement to shift pay. London Weighting, Recruitment/Retention Allowances. Allowances for detached and permanent duty. Job related allowances.

• Hours Conditioned hours. Any entitlement to paid meal/tea breaks. Flexible working hours arrangements.



The maximum periods for overtime and the levels for authorisation of overtime.

• Leave Current leave entitlements. Leave entitlement increases according to length of service. Arrangement for special paid leave. Proposals for dealing with the current entitlement to privilege leave. Entitlement to special unpaid leave. Position on availability of career breaks.

• Sick Pay and Leave The current grant of sick leave (medically certified and self-certified). Maternity leave entitlements.

• Notice Periods Current periods of notice. Increases in notice periods according to length of service.

• Recruitment Confirmation that, for those staff subject to a period of probation on the day of transfer, their period of probation will be unaffected.

• Trades Union Recognition Confirmation that formal recognition to Trade Unions and Staff Associations representing employees on the day of transfer will be given.

• Collective Agreements Intentions regarding any national or local collective agreements which are significant to the undertaking, including any which may not be enforceable, as referred to in Regulation 6 of TUPE.

Significant terms and conditions which cannot be directly transferred in their current form 6. There are a number of significant terms and conditions of service which cannot be transferred directly across to a new employer because, for example, they refer specifically to the position of civil servants as servants of the Crown. Bidders’ are required to put forward their proposals for replicating these terms and conditions. The most significant of these terms and conditions are as follows:

• Pensions Details of a proposed pension scheme with broadly comparable benefits to that currently available to staff under the Principal Civil Service Pension Scheme (PCSPS). The scheme will be subject to evaluation and certification by the Government Actuary’s Department (GAD). Where reference is made to the PCSPS, similar consideration should be given to the effect on pensions of transferring staff from occupational groups with alternative pension arrangements.

• Medical Proposals for medical retirement pensions and date in service benefits comparable to those available under the PCSPS. This will be subject to evaluation by GAD as part of the pensions package. Confirmation that medical retirement and appeals procedures, broadly comparable to those currently in existence, will be put in place.

• Redundancy Confirmation that redundancy compensation and procedures, including selection criteria, will be in line with current levels set out in the Civil Service Compensation Scheme and the MOD Personnel Manual. Any alternative scheme should be put to GAD.

• Illness/Injury at Work Details of employers’ liability insurers. Details of claims procedure.



Details of a compensation package analogous to that existing within the PCSPS covering injury at work. This should be submitted to GAD for evaluation if it differs significantly to the PCSPS provision.

• Discipline/Redress of Grievance Details of procedures for handling cases involving discipline and redress of grievance.

• Performance Appraisal, Grading and Promotion Proposals for replication of the annual Performance Appraisal system (noting the link with pay awards), grading structure and procedures for dealing with promotion within it.

• Welfare Details of arrangements for staff welfare.

• Equal Opportunities

Information on their relevant employment policies and practices within their contract proposals.

• Professional Qualifications Proposals for supporting the attainment of relevant professional qualifications by staff.

• Training and Career Development Proposals for training and career development of staff.

Method of operation 7. Where bidders’ proposals create potential redundancies that are attributable to economic, technical or organisational reasons, details should be provided. 8. The impact of bidders’ technical proposals on the transferred staff should be explained under the following headings:

• Management and supervisory structures. • Changes to working practices (ie shift and roster working, multi-skilling, team working, grade flexing, increased use of part-time staff). • Environmental/Technical considerations (eg centralisation of functions, introduction of new equipment). • Relocation of functions. • Any changes to TU recognition arrangements, and proposals for the replication of the MOD Whitley System. • Where significant recruitment or redundancy is necessary, describe how it is proposed to merge and integrate the transferred workforce, existing contractor’s staff and the newly recruited staff. Specific information is required on any areas/aspects of work for which only new staff will be considered. • Any intentions to change, by negotiation, existing term and conditions of service or collective agreements. • An assessment of the impact on the equal opportunities of staff.

9. References to bidders in this Annex covers their responsibilities for any sub-contractors to whom staff may transfer.



Appendix 3 Information about Bidders’ industrial relations to Annex A and TUPE track record 1. The information detailed below will be sought from bidders 1 where TUPE applies on their industrial relations and TUPE track record. The same information will be sought from bidders at the contract relet stage.

• Details of transfers of staff to the bidder under TUPE during the last 3 years: Number of staff transferred. Date of transfer(s). From whom the staff were transferred (if from MOD contact number and location of contract should be given). Reason for transfer (e.g. competition, take over, merger etc). Of the staff transferred, the numbers made redundant for economic, technical or organisational reasons.

• Details of any court or tribunal proceedings in respect of HR matters (not limited to those arising from TUPE) that the bidder been involved in over the last 3 years (including any that are currently in action): Number of cases/proceedings received. Cause of action. Number of employees covered by the proceedings. Outcome of proceedings (i.e. settled by bidder before hearing, tribunal finding in favour of employee/bidder).

• Details of disputes between the bidder and other contractors or TUs connected with TUPE transfers over the last 3 years (including any that are currently in action).

2. It is important to focus on positive aspects of bidders’ track record, as well as possible weaknesses. Consequently, bidders may provide testimonials from Trades Unions and other interested bodies where they have successfully undertaken TUPE transfers in the past. Accreditation under Investors in People also provides a useful indication of competence in HR management and commitment to developing staff through training. 3. References to bidders in this Annex covers their responsibilities for any sub-contractors to whom staff may transfer. 1 Bidders in this context means the company, a relevant Division of subsidiary bidding for the work. In the case of consortia, the parent company(ies), or relevant Division/subsidiary forming the consortia bidding for the work.



Appendix 4 Post Transfer Reporting to Annex A Contractors are to provide designated officers, as part of the normal reporting regime of the contracts, with the following information, normally on a quarterly basis:

• proposed, agreed or imposed changes to terms and conditions of service in respect of employees transferred to the contractor under TUPE. • disputes relating to TUPE compliance which are regarded as unresolved by a recognised TU. • any court action or tribunal proceedings related to TUPE compliance. • completed court action or tribunal proceedings relating to TUPE compliance. • “out of court” settlements relating to TUPE compliance.



Section 13 Sport and Recreation Sponsor: CM (IR&C) (Occupational Welfare Service) – CM(OWS) 13.1 Introduction This section provides a general description of the provision of sport and recreation facilities for civilian staff in the UKHO and MOD. 13.2 General principles The policy of the MOD and its Agencies is to promote sporting and recreational activities. To this end staff should be encouraged to join the clubs, societies and associations that exist at their location. At some locations the facilities may be those provided for Service personnel which civilians may be allowed to use under local arrangements. This section concerns the facilities arranged by, and for, civilians. Consideration should be given, wherever possible, to shared use of sport and recreational facilities by Service and civilian personnel. 13.3 The Civil Service Sports Council Ltd (CSSC) The CSSC is the central organisation for sport and recreation throughout the Civil Service. It receives a grant from the Cabinet Office which assists in providing sports facilities on a regional basis and the organisation of sporting events for all civil servants. Membership of the CSSC is open to all serving and ex-civil servants. The subscription fee will be deducted from pay or pension. 13.4 The Defence Sports and Recreational Association (DSRA) The DSRA is the central body to which civilian sports, recreational and social clubs in the UKHO are encouraged to affiliate. PUS is the President of the DSRA and appoints the Chairman and one Deputy Chairman to represent him and to oversee the work of the full time Secretariat funded out of the Defence budget. In addition, PUS appoints the Association’s Treasurer and Secretary. Four members of the DSRA Council are also PUS representatives. The Secretariat works to the direction of the Chairman and Council in organising and sponsoring civilian sport and recreation in UKHO and the disbursement of funds. Participation in DSRA Departmental and National sporting competitions and events sponsored by the CSSC is by virtue of CSSC Membership. Each affiliated club receives from the DSRA a refund of their portion of the MOD’s annual CSSC share rebate. 13.5 The objectives of the Association are:

• primarily, to organise sport and recreational events; • the sponsorship and assistance to affiliated clubs; • the selection and support of teams and individuals representing the UKHO.

All members of staff employed by the MOD and UKHO are Full Members of the Association. Retired members of staff who retain CSSC membership and former members of staff currently employed on MOD premises shall be Associate Members of the Association. Full and Associate Members are eligible, if elected, to serve on the DSRA Council and sub-committees of the Association. The DSRA Council has the power to accept or reject an application for affiliation or to terminate an affiliation. The rules of each affiliated organisation are subject to approval by the Council. The Council manages the business of the Association including considering applications from affiliated Clubs, Associations and individual members for financial support to sport. 13.6 DSRA Lottery The DSRA lottery is open to all MOD, UKHO and Defence Agency civilian staff. Ex-MOD or UKHO employees working at MOD sites can continue with membership of the lottery providing the new employer is prepared to effect the necessary payroll



deduction. The aim of the Lottery is to provide additional funds to improve the sports and recreational facilities throughout the MOD and its Agencies (e.g. fitness centres). Assistance is also given towards the purchase of items of kit and equipment. 13.7 Insurance All clubs, societies or associations using UKHO land and premises are required to take out third party insurance to cover loss or damage to fixtures and fittings. Public liability insurance will also be required. Individual players and teams entering competitions should arrange adequate insurance cover against personal injury. Such insurance can be obtained through the DSRA but this does not cover third party liability. It is the responsibility of individuals and team secretaries to ensure that insurance arrangements are adequate. 13.8 Leave to attend events Approval of paid leave for attendance at DSRA meetings plus its AGM is covered at Vol 8, para 11.13 of this Manual. The regulations for sports leave are at para 11.26. 13.9 Further information The DSRA Secretariat should be consulted for further advice or information on matters related to sport and recreation facilities for UKHO civilian staff.


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