Overbearing occurs when an employee agrees to take on the duties and responsibilities of a post usually performed by someone in a lower pay band. Overbearing is restricted to one pay band and can only be to a vacant post. Equal pay considerations suggest that overbearing should also only be seen as a short-term measure and that every opportunity should be taken either (a) to enrich the job or (b) to effect a further redeployment - to a vacancy at the at risk individual's substantive grade - within a maximum of 2 years (appemdix 14.2 - paragraph 12.3). Where possible, this should happen within 6 months of the start of overbearing. It is the responsibility of the HR Manager and the line manager to consider employees against appropriate vacancies at their substantive pay band and also to enrich the post by reassigning to it new duties, when colleagues leave or posts change. Where the post is enriched, it should be re-evaluated using JEGS to confirm it has reached the substantive level (See appendix A6.10). All overbearing posts should be formally reviewed by the HR Manager in conjunction with the line manager every six months. Overbearing is not the same as downgrading ( appendix A7.12).
For employees overbearing before 1 June 2010, you retain your right to the pay award of your substantive band in the first year of overbearing, but in subsequent years you will receive the pay award of your post rather than your substantive band. For example in year 2 of overbearing, someone at band E overbearing in a band D post and who earns 92% of band E standard pay, will have their pay award calculated as if they were earning 92% of the standard pay of band D.
If an employee is above standard pay in their substantive band and between percentage points (i.e. between 101 and 102%), the lower of the two points should be used as the reference mark. In situations where employees are above standard pay, a percentage of the performance award will remain non-consolidated (as per the table in appendix A7.3 - paragraph 11). Capping also applies (appendix A7.3 - paragraph 12).
For example, an employee in band D in the second year of overbearing will have their pay award worked out as if they were in a band C post. The employee in this example is on 102.5% of standard pay (between 100 and 105%) and has received a commensurate award. The reference point is the lower of the two steps (102%) so the pay award is worked out as if the employee is on 102% of SP in band C (including the non-consolidated element). The amount of the band C award is then added to the employee's substantive salary in band D.
For employees who start overbearing after 1 June 2010, you will retain the salary and other terms and conditions of employment of your substantive pay band for the first 2 years of overbearing. After 2 years, if the post has not been enriched nor the employee redeployed, marking time will apply. Marking time means that you will stay at your current pay and will not receive pay awards until the maximum of the lower pay band catches up with your salary.
4. Appraisal assessment
For the purposes of appraisal (APDR), line managers should make assessments solely on the basis of requirements of the job and the agreed objectives, irrespective of the pay band of the job holder. Thus, employees who are overbearing must not be "marked down" due to the fact that their substantive pay band is higher than the pay band in which they are working. Similarly, they should not be expected to achieve more than a job holder in the lower pay band in order to receive a "successful" performance award - e.g. a band D overbearing a band C post should receive exactly the same award as a band C would who was doing the work of that band C post.
Last updated 11/02/14
Amendment 170 - February 2014