Civil Service Compensation Scheme

[Iwouldratherbemuckingout]

Are there any lawyers out there with experience of the Civil Service Compensation Scheme?

I am leaving my employer under Voluntary Exit. I have today been advised I am entitled to 3 months notice as per the scheme, however my contractual notice is 6 months. I was expecting to receive 6 months PILON so it’s quite a reduction. My employer has also budgeted for that.

I have queried the legal basis on which the scheme over rides my contractual notice, given in circumstances where scheme notice and contractual notice are different, it would be usual for whichever is most beneficial for the employee to take precedence. I will also be talking to the legal helpline I have with my house insurance in the first instance.

If anyone has any knowledge or could point me towards someone I’d be really grateful as I am due to exit in 2 weeks!

Thanks ☺️

If you're in a union what do they say?

When was your application for VED accepted?

Did you work, or are you deemed to have worked, the notice period?

I left under similar terms but in a previous version of the scheme. I was deemed to have given notice on 31 August but was supposed to be working until the end of November. The outfit I worked for was abolished so apart from sorting out sending various archives to the Records Office there was no work.

However they found nothing useful for to do - plenty of vacancies where I could make myself useful. Most of it was effectively gardening leave.

Thanks for replying - notice doesn’t start till the day you sign agreement of the terms, so there is no issue there.

it’s more the point of principle that my contractual notice period is 6 months and up until today, both me and my employer were expecting the PILON to be 6 months, and not 3.

From memory, the voluntary scheme isn’t contractual so your contractual notice doesn’t apply.

It’s clear as day in the published terms.

www.civilservicepensionscheme.org.uk/media/vjwivdhp/annex-6f-cscs-2010-guidance-for-employers-february-2023.pdf

I disagree that it’s as clear as day, that just says 3 months notice, which for many is an improvement in notice terms. It does not address the issue of when contractual notice is higher.

But the fact that it’s voluntary and not contractual is helpful to understand

“Voluntary exits will be subject to 3 months notice.”

What’s unclear?

Voluntary exit isn’t contractual so contractual terms don’t apply.

You’re choosing to go. Wait for compulsory if you want the 6 months. 🤷🏻‍♀️

Well, it’s not that straight forward, these are very unusual circumstances and my role has already gone and my employer has told me my contractual notice would be honoured. I am now in a very difficult position.

@Iwouldratherbemuckingout I am out of date but provided the Civil Service Management Code is still relevant it maybe a little more complicated https://www.gov.uk/government/publications/civil-servants-terms-and-conditions

This extract maybe useful

“Notice

11.1.1 Because of the constitutional position of the Crown and the prerogative power to dismiss at will, civil servants cannot demand a period of notice as of right. But in practice departments and agencies will normally apply the periods of notice set out below, unless: employment is terminated by agreement; or, if exceptionally, the civil servant is employed on a fixed -term or rolling contract which does not expressly provide that in practice such notice will be given if the employment is terminated prior to the maximum period of employment fixed by such a contract. On the expiration of such period of notice, the employment of the civil servant will terminate.”

Another question is whether or not your Department has delegated authority to not follow the central guidance. I have a recollection Departments won’t get approval for the expenditure if they don’t follow the current rules.

At the end of the day Voluntary Redundancy is just that voluntary, so you can refuse to take the offer if you don’t like the terms.

Does it?

Compulsory would give you 6 months notice but 3 months less as a settlement.