In Mid-2006, PCS negotiated in DCS a new Flexible Working Hours Agreement. This Agreement protected the longstanding flexibilities previously available to members.
It has however proved necessary to improve the wording in certain paragraphs in order to ensure that the provisions of the Agreement are clear to members, including those who are line managers. PCS is determined to ensure that the Employer abides by the Agreement. Some changes have already been Agreed. Discussion on other changes has regrettably been deferred as a result of the formation of the new PDCS Agency.
New Changes
For staff who prefer to work fixed hours in preference to FWH, or staff who find themselves on fixed hours in rare cases of an FWH infraction, the standard definition of fixed hours now features in the Agreement. (Clause 1.3).
Lunch breaks. Initially a cause of some difficulty, the right to a lunch break beyond statutory minimum rights was secured in the Agreement.
Upon revision we have now secured: For full time staff, a minimum lunch break of 30 minutes; an entitlement to a lunch break of 1 hour, and provision for staff to take longer lunch breaks under the terms of the Agreement. For part time staff working less than a standard day, a right to take a lunch break if they wish (clauses 6.3,6.4)
A Right to accrue an FWH credit or debit by working more or less than daily standard hours. This is subject to work requirements. Further clarity is needed in this area. Much of this may seem obvious to members, however we are having to deal with a Department that has allowed consultants to “dumb down” procedures, and restoring the use of proper English in order to defend and improve Conditions of service for members is unfortunately time consuming.
FWH leave. We have secured a statement of intent from Senior Management that staff will be able to take FWH leave as detailed in the Agreement. (Clause 10.3)
What is half a day? In FWH terms, the 2006 Agreement left this blank, following the abolition of core-time.
We have now secured Agreement to minimum and maximum time that can be worked in the “other” half of the day, when members take a half day’s leave (whether Annual, Flexi or other).
These are: minimum time: 30 minutes; maximum time: 6 hours. (Clause 10.4).
These are: minimum time: 30 minutes; maximum time: 6 hours. (Clause 10.4).
Points still awaiting further clarifications include those relating to credits for absences such as Doctors, dentists, Access to monthly salary etc.
There are as yet no further changes here, however there are some inaccurate papers doing the rounds in parts of DCS. Members have continued rights to credits for urgent private business such as doctors, dentists, access to salary et al;
It is our hope that problems with the new Agreement are few. For the purpose of clarity, however, some reminders as to how the FWH Agreement should operate are here repeated, along with some advice on what to do if it doesn’t.
Q1: I’ve been told I have to agree the hours I wish to work with my line manager in advance. Is this correct?
A1: No. But if you unexpectedly change previously regular hours significantly, there are Health & Safety reasons why you should let your manager know this. It also assists a good working environment.
Q2: I’ve been allocated to a Turret or other phone cover and been told I can’t leave until a specified time. Is this correct?
A2: No, at least not in isolation. We have agreed we will provide cover collectively. Volunteers must be sought and Managers must make use of staff who regularly start early/stay late. Not unless all this has been exhausted should this question even arise. In fairness to your manager, if it has been assumed that you would be working late, but in fact you intend to leave early, let your manager know in good time so that they can make suitable arrangements. For Warbreck Turrets, Agreement has been reached on a separate pilot, however in broad terms, the principles are similar.
Q3: I’ve been told to go to the doctor in my own time. Is this correct?
A3: No. If you can make appointments outside of your normal working hours you may be expected to. In practice, given the available opening times of Doctors surgeries et al and the pressures they face, you will probably have to take whatever appointment you can get. If that is within your normal working hours, then it is not in your own time, and a credit will normally be given.
Q4: Does “Urgent Private Business” mean that only urgent medical appointments are covered?
A4: No. All Doctors appointments are covered by the term “Urgent Private Business” and always have been. This is not a new term, but one which has been in use for over 30 years, and which should be universally understood.
If members encounter difficulties with any of the above, you should consult your PCS representative. Some issues may be resolvable through collective discussion where this exists, or your reps will suggest ways of resolving the issue.
Members are invited to send any feedback on this circular either to Group Office in Leeds or to Martin Jones in Room 7130A, Norcross, Blackpool.
