Unsocial Allowance Payments to TFL Surface Transport Network Management Control Centre Staff
Request ID: FOI-3169-1819
Date published: 20 March 2019
You asked
1) Please provide a list of all the job roles within TFL Surface Transport’s Network Mangement Control Centre (NMCC) that attract an unsocial hours allowance payment.
2) Please provide details of HOW MANY employees are employed within each particular role within the NMCC that DO attract an unsocial hours allowance payment broken down by the job role.
3) Please provide details of HOW MANY employees are employed within each particular role in the NMCC that do NOT attract an unsocial hours allowance payment broken down by job role.
3A) Please provide details of any job roles within NMCC not covered by request 2 or 3, and a reason why they are excluded.
4) Please provide a copy of the TFL management documents, policy, or process, that shows how any unsocial hours payments are worked out for the TFL staff employed on band 1, band 2, or band 3 or on operational contracts for staff employed within the NMCC, and the date the documents, process, or policy was agreed with the staff concerned.
5) Should any staff employed in the same identical roles within the NMCC (identified as the job roles that fall both into requests 2 and 3 or 3a above) for any reason NOT attract the same rate (or any) unsocial hours allowance payment, please provide the TFL management documents, policy, or process that provides/evidences the rationale for this not being paid to them (eg, evidencing what management documents, policy, or process, has been followed for selecting or outlining which staff are not to receive any unsocial hours allowance payment in contradiction of their job role?) along with the title of the role responsible for making such a decision.
6) With each identified role above mentioned within the NMCC, please provide a breakdown (as a percentage of their contracted base salary) for each role, how much each role attracts as an unsocial hours payment, please include as a percentage (including if that is zero percentage where it is not paid).
7) Please identify the job roles within TFL’s Surface network management directorate that have received performance bonuses in the last 2 years, and how much these bonuses were in total per job role, and how much these bonuses were as a percentage in relation to the role’s base pay. I am only be interested in band 4 and band 5 or director level for this.
We answered
TfL Ref: FOI-3169-1819
Thank you for your request of 20th February 2019 asking for information about the payment of unsocial hours allowance payments to staff in TfL’s Surface Transport Network Management Control Centre.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require.
Answers to questions 1 to 3a, and question 6, can be found in the attached spreadhseet. This has been based on information taken from the TfL payroll report, and therefore relates to staff who have received unsocial hours payments, rather than those who are contractually eligible for such payments.
The attached pdf document is in answer to question 4.
In answer to question 5, the only scenario where people with the same roles would be on different rates of pay would be where one set of terms is protected under TUPE regulations (the Transfer of Undertaking (Protection of Employment) Regulations 2006 - and as amended). TUPE allows people to transfer employers (for example in the event of a take-over) and retain their terms and conditions. If the incoming staff received unsocial hours payments but the current staff had consolidated salaries to reflect their work pattern, they would be on different terms and conditions doing the same job.
In relation to question 7, for staff earning over £50k their salary, and whether or not they received a bonus and if so how much, is information that can be found online here – shown in ranges of £5k:
http://content.tfl.gov.uk/tfl-senior-employee-salaries-2017.pdf - for 2017, and;
http://content.tfl.gov.uk/tfl-senior-employee-salaries-2018.pdf - for 2018.
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of this information as it is already accessible to you elsewhere.
Note that the exact amount of bonus paid to these staff, and the percentage of salary this equates to, is being withheld under section 40(2) of the FOI Act - this is because the disclosure of such information would be a breach of the Data Protection Act (DPA), specifically the first principle of the DPA which requires all processing of personal data to be fair and lawful. Release of the exact information requested would reveal not just the precise amount of bonus paid, but would also allow an exact salary to be calculated. This would contradict the principle already established of publishing this information in £5k bands, which looks to provide a balance between the legitimate public interest in the remuneration of senior staff while at the same time protecting personal data such as their exact remuneration. In respect of staff earning less than £50k, this information is not published. To reveal which roles received a performance bonus would, by extension, also reveal which roles did not, which would also be an unfair release of personal data under section 40(2). For this reason that information is also exempt from release.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely,
David Wells
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
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