The following has been supplied by Hope Not Hate:
There are moments that our movement of hope is made for. This is one of them...
In a few weeks time, football hooligans, far right extremists and Islamophobes are planning to descend on Luton, with a simple goal - to whip up fear, religious tension and violence, and you won't be surprised to hear that the BNP are involved.
The last time the anti-Islam protesters marched in Luton, gangs of thugs stormed the predominantly Muslim area of the town, smashing up cars and shopfronts along the way - and forcing law abiding men and women to flea or fight to safeguard their homes and families.
Riot police had to be deployed and 35 people were arrested.
We can't let this happen again.I've set up a tool on the Hope not Hate website that lets you contact the people who can stop this violent gathering - the Home Secretary Alan Johnson and Bedfordshire's Chief Constable Gillian Parker. It will take you less than a minute to send a message - all you need to do is click here.
We only have to remember how BNP supporters triggered the Oldham riot in 2001 to realise the consequences of these actions. We must stop this - we can't let these thugs take control of our streets even for a single moment. The BNP are actively involved in this protest because they know that whipping up violence and inter-community tension can only benefit them.
Chris Renton, a BNP super activist, has helped the hooligans with their website. Marlene Guest, who stood as a BNP Euro candidate in June, will be attending and recently spoke at a local anti Islam gathering. Martyn Page, treasurer of the BNP's Broxtowe group, has boasted about bringing "hundreds" of people to the anti-Islamic event. The key organiser of the protest has also admitted to attending BNP meetings. Our society is based on rights and responsibilities - and we have a duty to protect our communities from these organised, violent thugs.
If you agree, please take a moment to help us stop this dangerous, hateful event.
We can stop this violence. We can stop the racists intimidating and attacking the law abiding people of Luton.
But we need your help - and just a minute of your time.
https://donate.hopenothate.org.uk/page/contribute/wewon
25.8.09
Black History Month - October.
Black history month is held in UK every October and every February in United States of America and Canada.
The aims are to:
The aims are to:
- promote knowledge of the Black History, Cultural and heritage.
- Disseminate information of positive of Black contributions to British Society.
- Heighten confidence and awareness of Black people to their cultural heritage
The origins of BHM go back to 1926 when Carter G Woodson, editor for thirty years of the journal of Negro History, established African Caribbean celebrations in America. In UK the BHM has now grown to over 6,000 events.
Other people also wonder why we need a Black History Month, but the reality is that Black History is an often hidden history, and on that has been written out of mainstream British history
Black people have always been at the forefront of the human development, but too often ignored. It is a time to reflect on the achievements and remember the black people who have challenged the norm and struggled to make the world a better place. If we want an inclusive society we need an inclusive history. Awareness of Black histories breaks down barriers and lead to co-operation on all sides and progress for all.
We ensure the next generation of black people living in UK have respect and are valued by society and ourselves. It is important that we promote and develop positive images and structures and challenge racist ideology in mainstream institutions i.e. Public Services, politics, judiciary and including The Armed forces
The duty in The Equality Bill includes powers for Ministers to require public bodies to report on equality issues and anticipate that public bodies with over 150 employees will be required to publish annually details of their ethnic minority employment rate - If you are in an ethnic minority you are 13% less lightly to find work than a white person.
PCS members could be thinking how Black History Month fits in with their union work and with union priorities of fighting job cuts, national pay bargaining and the equality agenda.
PCS is committed in the fight against any form of discrimination and challenge on all fronts and celebrate diversity and multiculturism and reject far right groups.
19.8.09
DWP Group Lesbian, Gay, Bisexual and Transgender Seminar 2009
The DWP Group of PCS have organised an LGBT seminar on Saturday 17th and Sunday 18th October 2009 in Leeds.
All LGBT members who work in the DWP/CMEC
are eligible to attend.
are eligible to attend.
The theme of the seminar is “Relationships” and sessions will include:
- Relationships I work and society
- Coming out
- Tackling the far right
- Workshops
Aims
The seminar provides an opportunity for discussion and debate amongst LGBT members. Members are encouraged to become more involved in PCS and the views of the seminar help to shape DWP Group Policy.
Applications
Applications to take part in the seminar should be made on the application form found here and returned by 28 September 2009 to:
Yvonne Washbourne, DWP Group Equality Officer
PCS
Ground Floor
34 Lisbon Street
Leeds
LS1 4LX
The cost of Travel and Accommodation will be met by PCS.
Applications from LGBT members who are black minority ethnic, disabled or women are particularly welcome.
For further information, ring Yvonne Washbourne on 0121 766 4396.
Government Tear-up
The following has been issued to every PCS member by the General Secretary and President of PCS:
Government Intends to Tear Up Longstanding Agreement On Terms And Conditions to Cut Jobs On The Cheap
The Cabinet Office has published proposals for changes to the civil service compensation scheme (CSCS). If implemented, the changes will leave many PCS members tens of thousands of pounds worse off in the event of voluntary or compulsory redundancy.
This is a disgrace, and is particularly cynical at a time when we can clearly see that tens of thousands of jobs are at risk over the next few years.
The CSCS is the redundancy and early retirement payment scheme for the Civil Service and many other public bodies. If your employer is in the Principal Civil Service Pension Scheme (PCSPS) you will be covered by the CSCS and the benefits from the scheme are accrued entitlements that we believe the Government have no right to remove. As it is a statutory scheme changes have to be agreed by Parliament. PCS, with the other civil service unions, have been in negotiations with the Cabinet Office about the scheme since the autumn of last year. The published proposals which have not been agreed with the unions do not represent the best offer that could have been made.
The employer refused to put a further offer that would have given some protection during transitional arrangements when PCS was not prepared to be coerced into giving an undertaking to recommend acceptance. Even this revised offer was completely unacceptable and would still have meant a detriment to the vast majority of existing staff, particularly those facing a redundancy situation in the future.
We believe the proposals are an outrageous attempt to cut people's jobs on the cheap at a time when many are worried about job security.
Details of the proposals
The employer plans to sweep away all of the present CSCS terms from 1 st January 2010 and replace them by new arrangements with limited protection for existing staff, in a compulsory redundancy situation only, to 31 st March 2011. The new arrangements would cap any payments at two years pay and with no access to early payment of unreduced pension unless you give up your cash sum to buy out the actuarial reduction. In a voluntary redundancy situation departments will have flexibility to design their own schemes but subject to this two year cap.
In a compulsory redundancy situation all the existing terms will disappear, other than the limited protection to 31st March 2011. They will be replaced by cash only payments of a month's pay for each year of service, doubled after 5 years service, again subject to cap of two year pay! For many members this will mean that their entitlement to redundancy pay is slashed by a year's pay or even more with no access to enhanced and early payment of pensions to those over 50.
There are some people who will benefit especially those over 60 or under 35. But even the under 35s will lose out as under the present terms they would have become entitled to better terms as their age and service increased. Under the new arrangements it will not.
The proposals which affect everyone and would lead to more compulsory redundancies by lessening the use of voluntary redundancy were considered at an emergency meeting of the PCS national executive on 6 August. The NEC has rejected the proposals and is determined to defend members' rights. The NEC is also concerned that if the government gets away with implementing these proposals the next attack we will face, will be on the pension scheme again. We will be seeking to meet Cabinet Office Ministers to make clear our objections and to seek new proposals.
We will be consulting members in a programme of workplace meetings across the
union on your views about the CSCS and what campaigning action we should take and at the same time we will also betaking legal action to try to halt the employers process which we believe is unlawful.
What you should do now
You should respond to the consultation by emailing the employer (pensionspr@cabinetoffice.x.gsi.gov.uk) insisting they honour existing contracts and negotiate a good scheme for new entrants in the way they did for pensions in 2005.
Encourage your colleagues to do so and copy to us at cscs@pcs.org.uk.
Please make your views know to your own management and attend the PCS meetings we will be organising in coming weeks.
With your help we can defeat these proposals. We have successfully defended our pensions in the past and we may have to again. We can do the same on the CSCS.
What this could mean for you
For someone aged 41 who earns £24,000 and has 20 years service, their current entitlement if made compulsorily redundant would be £72,000. Under the changes proposed by the Cabinet Office it would be £48,000, a loss of one third.
For someone aged 51 who earns £24,000 and has 20 years their current entitlement service if made compulsorily redundant is for an enhanced lump sum of £24,000, an additional lump sum of £12,000 and an immediate payment of enhanced pension of £8,000 a year. Under the changes their new entitlement would be just £48,000 and an unenhanced pension and lump sum paid only when they reached age 60.
Someone who began work before 1987 with reserved rights who is aged 46 with 26 years service is entitled to £ 106,000. Their new entitlement would be £48,000.
The above are for illustrative purposes only.
18.8.09
CMEC 8-8 Initiative
The following has been provided by the DWP Group Executive Committee:
Management met PCS on Friday 31 July 2009 in Leeds and announced their intention to proceed with the 8am till 8pm business change from 14 December 2009.
Shameful
PCS described this decision as shameful. Of the 868 staff who had been identified as contracted to work outside 8am until 8pm all but 111 had felt able to agree to change. Many felt able to change as they had never wanted to work evenings and were happy to move to days. Others only had to change a matter of minutes with no financial loss.
However, one of the primary reasons given by the 111 staff who feel unable to change their contracts is loss of pay and/or extended working hours allowance. For example, a member contracted to work until 9pm five nights a week could only maintain their pay and extended working hours allowance by working on Saturdays.
For management to go ahead with this change, with the cover of business needs really is shameful when they are prepared for their ‘people’ to lose pay.
Legal Advice
PCS has strong legal advice that an imposed change of contract constitutes a breach of contract. Our advice is summed up as
Change of Contracts
Changes to contract can lawfully be made by:
• Agreement (with individuals)
• Collective bargaining
• Having an express clause in the contract that specifically permits the change (but if not operated reasonably a claim for breach of mutual trust and confidence is likely to succeed).
Unlawful changes to Contracts:
• Unilateral imposition of a change of contract (such as changing an employee’s working hours or working pattern without their agreement). In law this equates to a dismissal under the terms of the old contract, and breach of contract. If the terms of the new contract, and breach of contract are unreasonable, they may also claim constructive unfair dismissal and breach of contract.
Mitigation
If it becomes necessary to make a unilateral change to employee’s contracts, the effect of potential complaints can be mitigated.
• If it can be shown to be a business critical decision
• If the changes can be shown not to have been detrimental to employees
• By ensuring that the changes are not fundamental to the employment relationship and therefore in breach of the implied term of mutual trust and confidence between the employer and employee.
PCS believes that there is a clear detriment and that the decision to force 111 staff in a workplace of 9,500 staff can hardly be described as business critical.
PCS offered to exchange legal opinion with management but not surprisingly, they declined.
What Happens Next
Management informed PCS that a Senior Manager will now examine each case and attempt to reach agreement. They also intend to announce their intention to proceed with the business change from 14 December 2009 by letter.
Those staff unable to agree change will receive six months notice of management’s intention to impose a new contract from 1 March 2010. This letter will be issued on 1 September 2009. They will also be advised of management’s intention to go ahead with the business change from 14 December 2009 and that the new hours will be imposed from this date. Management will continue to pay the ‘old hours’ until 1 March 2010. They will in effect, lock out the 111 staff from 14 December 2009.
PCS View
PCS has advised management that this behaviour is shameful and urged them to think again.
PCS argued that this exercise should be carried out on a ‘no-detriment’ basis ie. no one should lose – even if this was on a marked time basis.
PCS also offered to work with management to try and resolve any problems. PCS has also written to Mark Grimshaw, Managing Director of CSA urging him to think again.
This affects us all
It would be easy to believe that because this is only affecting a relatively small number of staff that it is a minor issue.
However, nothing could be further from the truth. The implications of this decision are huge and it is certainly not just a matter for the 111 staff affected.
If management feel able to rip up their contracts illegally then undoubtedly they will feel able to do the same to the rest of us if or when it suits them.
PCS has asked for member’s meetings to discuss this injustice.
PCS Reps – Grievances
PCS representatives should ensure that PCS Branch Bulletins – DWP/BB/86/09 “Shameful Way to Treat CMEC Staff” is widely distributed to CMEC/CSA staff to ensure all those immediately affected are updated. That bulletin can be found here.
Each and every one of the 111 staff should submit a grievance – this is particularly so where there is a loss of pay and/or extended working hours allowance.
PCS is awaiting agreement for members meetings – we will issue the agreement (or refusal) as soon as we receive it. Either way, CMEC/CSA sites should hold member’s meetings and gather membership feedback. Please feed this info into the Leeds office.
Conclusion
PCS will continue to try to dissuade management from proceeding and will issue further guidance as soon as is possible.
Management met PCS on Friday 31 July 2009 in Leeds and announced their intention to proceed with the 8am till 8pm business change from 14 December 2009.
Shameful
PCS described this decision as shameful. Of the 868 staff who had been identified as contracted to work outside 8am until 8pm all but 111 had felt able to agree to change. Many felt able to change as they had never wanted to work evenings and were happy to move to days. Others only had to change a matter of minutes with no financial loss.
However, one of the primary reasons given by the 111 staff who feel unable to change their contracts is loss of pay and/or extended working hours allowance. For example, a member contracted to work until 9pm five nights a week could only maintain their pay and extended working hours allowance by working on Saturdays.
For management to go ahead with this change, with the cover of business needs really is shameful when they are prepared for their ‘people’ to lose pay.
Legal Advice
PCS has strong legal advice that an imposed change of contract constitutes a breach of contract. Our advice is summed up as
Change of Contracts
Changes to contract can lawfully be made by:
• Agreement (with individuals)
• Collective bargaining
• Having an express clause in the contract that specifically permits the change (but if not operated reasonably a claim for breach of mutual trust and confidence is likely to succeed).
Unlawful changes to Contracts:
• Unilateral imposition of a change of contract (such as changing an employee’s working hours or working pattern without their agreement). In law this equates to a dismissal under the terms of the old contract, and breach of contract. If the terms of the new contract, and breach of contract are unreasonable, they may also claim constructive unfair dismissal and breach of contract.
Mitigation
If it becomes necessary to make a unilateral change to employee’s contracts, the effect of potential complaints can be mitigated.
• If it can be shown to be a business critical decision
• If the changes can be shown not to have been detrimental to employees
• By ensuring that the changes are not fundamental to the employment relationship and therefore in breach of the implied term of mutual trust and confidence between the employer and employee.
PCS believes that there is a clear detriment and that the decision to force 111 staff in a workplace of 9,500 staff can hardly be described as business critical.
PCS offered to exchange legal opinion with management but not surprisingly, they declined.
What Happens Next
Management informed PCS that a Senior Manager will now examine each case and attempt to reach agreement. They also intend to announce their intention to proceed with the business change from 14 December 2009 by letter.
Those staff unable to agree change will receive six months notice of management’s intention to impose a new contract from 1 March 2010. This letter will be issued on 1 September 2009. They will also be advised of management’s intention to go ahead with the business change from 14 December 2009 and that the new hours will be imposed from this date. Management will continue to pay the ‘old hours’ until 1 March 2010. They will in effect, lock out the 111 staff from 14 December 2009.
PCS View
PCS has advised management that this behaviour is shameful and urged them to think again.
PCS argued that this exercise should be carried out on a ‘no-detriment’ basis ie. no one should lose – even if this was on a marked time basis.
PCS also offered to work with management to try and resolve any problems. PCS has also written to Mark Grimshaw, Managing Director of CSA urging him to think again.
This affects us all
It would be easy to believe that because this is only affecting a relatively small number of staff that it is a minor issue.
However, nothing could be further from the truth. The implications of this decision are huge and it is certainly not just a matter for the 111 staff affected.
If management feel able to rip up their contracts illegally then undoubtedly they will feel able to do the same to the rest of us if or when it suits them.
PCS has asked for member’s meetings to discuss this injustice.
PCS Reps – Grievances
PCS representatives should ensure that PCS Branch Bulletins – DWP/BB/86/09 “Shameful Way to Treat CMEC Staff” is widely distributed to CMEC/CSA staff to ensure all those immediately affected are updated. That bulletin can be found here.
Each and every one of the 111 staff should submit a grievance – this is particularly so where there is a loss of pay and/or extended working hours allowance.
PCS is awaiting agreement for members meetings – we will issue the agreement (or refusal) as soon as we receive it. Either way, CMEC/CSA sites should hold member’s meetings and gather membership feedback. Please feed this info into the Leeds office.
Conclusion
PCS will continue to try to dissuade management from proceeding and will issue further guidance as soon as is possible.
Compensation Scheme
NEC Unanimously Reject Government Proposals
The NEC met yesterday to consider the government’s proposals to change the civil service compensation scheme (CSCS). The CSCS is the redundancy and early retirement payment scheme for the civil service and many other public bodies.
The proposals if implemented will leave many PCS members tens of thousands of pounds worse off in the event of voluntary or compulsory redundancy and are a cynical attempt to cut jobs on the cheap at a time when we know thousands of jobs are at risk over the next few years.
The NEC agreed to formally reject the proposals and to launch a high profile campaign to defend our members entitlements under the scheme.
We have produced a circular here which will be sent to all members. Further circulars will also be issued in the coming weeks and a national campaigns liaison group meeting will be held on the 7 September.
Regional briefing sessions for branch reps will commence on 14 September after which members’ consultation meetings will take place. These will need to be organised by branches with the assistance of groups.
Tearing up our terms and conditions
We believe that members have entitlements under the scheme which are accrued rights and that the government’s intention to remove those rights is unlawful.
We will therefore be mounting a legal challenge which may involve us in a judicial review. In the meantime we are writing to the employer rejecting their proposals and are seeking to meet cabinet ministers to make clear our objections to the proposals.
We want members to also submit their own objections to the proposals by emailing the employer at pensionspr@cabinet-office.x.gsi.gov.uk and demanding that the government honour existing contracts and negotiate a good scheme for new entrants in the way they did for pensions in 2005.
Can reps please encourage all members to do this and to copy their objections to us at cscs@pcs.org.uk.
This is just the start of a campaign to defend our rights under the CSCS. The more pressure we put on the employer now the greater our chances of defending members’ terms and conditions.
This is why it is vital that reps encourage as many members as possible to email the employer with their objections. At the same time Groups and branches need to ensure that preparations start now for the process of consulting members.
Consulting members
Groups will assist branches in the organisation of the consultation meetings.
These will need to take place as soon as possible after the regional briefing sessions to ensure we can take necessary steps to defend the CSCS prior to any imposition by the government.
The purpose of the meetings is therefore to ensure that we are in the best possible position to take whatever action may be necessary in the event that the government refuse to reach an agreement that we find acceptable.
We are currently seeking agreement to facility time for the consultation meetings and when we have a response on this branches will be advised.
Branches can start preparations for the process of these consultation meetings by ensuring that a rep from each branch is identified to attend the regional briefings which are currently being arranged.
Details of where and when your regional briefing will take place will be sent in a further branch briefing, as will information regarding provision of speakers for members’ consultation meetings.
We cannot let the government get away with imposing changes to the CSCS which will lead to detriment to the vast majority of our members.
If we allow that to happen we can be certain that they will return for our pensions, again.
A special NEC meeting will be held to consider the feedback from the consultation meetings and how we take forward our demands for no detrimental changes to the scheme.
At that meeting, if the government have not withdrawn their proposals the NEC will consider, in the light of feedback from branches and the progress of our legal challenge, what would be an appropriate response, including whether any ballots of members should take place.
Mark Serwotka, General Secretary
The NEC met yesterday to consider the government’s proposals to change the civil service compensation scheme (CSCS). The CSCS is the redundancy and early retirement payment scheme for the civil service and many other public bodies.
The proposals if implemented will leave many PCS members tens of thousands of pounds worse off in the event of voluntary or compulsory redundancy and are a cynical attempt to cut jobs on the cheap at a time when we know thousands of jobs are at risk over the next few years.
The NEC agreed to formally reject the proposals and to launch a high profile campaign to defend our members entitlements under the scheme.
We have produced a circular here which will be sent to all members. Further circulars will also be issued in the coming weeks and a national campaigns liaison group meeting will be held on the 7 September.
Regional briefing sessions for branch reps will commence on 14 September after which members’ consultation meetings will take place. These will need to be organised by branches with the assistance of groups.
Tearing up our terms and conditions
We believe that members have entitlements under the scheme which are accrued rights and that the government’s intention to remove those rights is unlawful.
We will therefore be mounting a legal challenge which may involve us in a judicial review. In the meantime we are writing to the employer rejecting their proposals and are seeking to meet cabinet ministers to make clear our objections to the proposals.
We want members to also submit their own objections to the proposals by emailing the employer at pensionspr@cabinet-office.x.gsi.gov.uk and demanding that the government honour existing contracts and negotiate a good scheme for new entrants in the way they did for pensions in 2005.
Can reps please encourage all members to do this and to copy their objections to us at cscs@pcs.org.uk.
This is just the start of a campaign to defend our rights under the CSCS. The more pressure we put on the employer now the greater our chances of defending members’ terms and conditions.
This is why it is vital that reps encourage as many members as possible to email the employer with their objections. At the same time Groups and branches need to ensure that preparations start now for the process of consulting members.
Consulting members
Groups will assist branches in the organisation of the consultation meetings.
These will need to take place as soon as possible after the regional briefing sessions to ensure we can take necessary steps to defend the CSCS prior to any imposition by the government.
The purpose of the meetings is therefore to ensure that we are in the best possible position to take whatever action may be necessary in the event that the government refuse to reach an agreement that we find acceptable.
We are currently seeking agreement to facility time for the consultation meetings and when we have a response on this branches will be advised.
Branches can start preparations for the process of these consultation meetings by ensuring that a rep from each branch is identified to attend the regional briefings which are currently being arranged.
Details of where and when your regional briefing will take place will be sent in a further branch briefing, as will information regarding provision of speakers for members’ consultation meetings.
We cannot let the government get away with imposing changes to the CSCS which will lead to detriment to the vast majority of our members.
If we allow that to happen we can be certain that they will return for our pensions, again.
A special NEC meeting will be held to consider the feedback from the consultation meetings and how we take forward our demands for no detrimental changes to the scheme.
At that meeting, if the government have not withdrawn their proposals the NEC will consider, in the light of feedback from branches and the progress of our legal challenge, what would be an appropriate response, including whether any ballots of members should take place.
Mark Serwotka, General Secretary
12.8.09
PCS Makes a Difference
Flexibility, Time Off and Family Friendly Policy Changes
Changes from 3 August 2009
DWP has agreed to implement a series of changes to Annual Leave Policy, Flexi-time Policy, Working Patterns Procedure and Work Breaks Procedure from 3 August 2009. This briefing outlines the changes which have been agreed with PCS.
Short notice annual leave introduced
Annual Leave Policy, Para 6, is amended to introduce, for all DWP staff, “the opportunity to take annual leave at short notice, subject to the needs of the business, up to a maximum of 3 days per quarter.”
Summer months annual leave - two consecutive weeks supported
Annual Leave Policy, Para 7, has been amended to include support having at least one spell of two weeks annual leave “which may be taken in the summer months between June and September.”
Religious observance priority
Annual Leave Policy, Para 16, introduces policy that “priority will be given where possible to leave request for religious festivals or spiritual observance days.” Employees are expected to make their manager aware of these as far in advance as possible.
Access to flexi-time improved
Flexible Working Hours Policy, Para 6. is amended to abolish the requirement to have been employed for 26 weeks before a request can be made for access to a flexi-time scheme. DWP has also agreed to “promote a positive approach to family friendly and flexible work policies.”
Flexi-credits for doctors/dentists time off improved
Flexible Working Hours Advice Q&A 7 is amended to support a flexi-credit being given on the basis that an employee” should try to make the appointment at the start or end of the working day, if however it has to be during working hours, a manager should give a credit.”
Flexible and sympathetic policy for working pattern changes
Working Hours and Working Patterns Procedure, Para 7.2, is amended to support a flexible and sympathetic approach with a responsibility introduced for local management to “consider options using local knowledge to assist finding any potential options.”
No barrier to training or development
Working Hours and Working Patterns Procedure, Para 8, is amended to affirm that, “Non standard working patterns should not be a barrier to any training or developmental opportunities.”
Rejection decisions must be issued in writing
Working Hours and Working Patterns Procedure, Para 9, is amended to affirm that when an application for a working pattern change is rejected a written decision “must be issued” and include one or more of the specific business grounds listed under Para 9.
Family friendly flexibility statement
DWP has agreed to introduce a Policy Statement in support of a positive approach to family friendly and flexible work policies in the Department. This statement is copied below:
“Family Friendly Flexibility Statement
We know that people who are in work have to balance their work commitments, with their home and family commitments. We know that if these commitments are not balanced then people’s wellbeing suffers. People who are fit and healthy tend both to enjoy and succeed in their work more than those who are not.
That is why the Department’s Executive Team are convinced of the need to promote a positive approach to family friendly and flexible work policies in the Department.
We want to support and encourage our staff in balancing their lives and to this end will ensure that our policies enable business need to be met and are as family friendly and flexible as practicable. We offer some specific benefits which will help people to balance their lives: generous annual leave, special leave and flexible working patterns.
The Department’s Executive Team are committed to doing everything it can to ensure that this is a family friendly and flexible Department in which to work.
To operate this effectively there is an expectation that managers and employees need to co-operate, the key attributes of the policies that underpin the commitment to flexibility are:
Changes from 3 August 2009
DWP has agreed to implement a series of changes to Annual Leave Policy, Flexi-time Policy, Working Patterns Procedure and Work Breaks Procedure from 3 August 2009. This briefing outlines the changes which have been agreed with PCS.
Short notice annual leave introduced
Annual Leave Policy, Para 6, is amended to introduce, for all DWP staff, “the opportunity to take annual leave at short notice, subject to the needs of the business, up to a maximum of 3 days per quarter.”
Summer months annual leave - two consecutive weeks supported
Annual Leave Policy, Para 7, has been amended to include support having at least one spell of two weeks annual leave “which may be taken in the summer months between June and September.”
Religious observance priority
Annual Leave Policy, Para 16, introduces policy that “priority will be given where possible to leave request for religious festivals or spiritual observance days.” Employees are expected to make their manager aware of these as far in advance as possible.
Access to flexi-time improved
Flexible Working Hours Policy, Para 6. is amended to abolish the requirement to have been employed for 26 weeks before a request can be made for access to a flexi-time scheme. DWP has also agreed to “promote a positive approach to family friendly and flexible work policies.”
Flexi-credits for doctors/dentists time off improved
Flexible Working Hours Advice Q&A 7 is amended to support a flexi-credit being given on the basis that an employee” should try to make the appointment at the start or end of the working day, if however it has to be during working hours, a manager should give a credit.”
Flexible and sympathetic policy for working pattern changes
Working Hours and Working Patterns Procedure, Para 7.2, is amended to support a flexible and sympathetic approach with a responsibility introduced for local management to “consider options using local knowledge to assist finding any potential options.”
No barrier to training or development
Working Hours and Working Patterns Procedure, Para 8, is amended to affirm that, “Non standard working patterns should not be a barrier to any training or developmental opportunities.”
Rejection decisions must be issued in writing
Working Hours and Working Patterns Procedure, Para 9, is amended to affirm that when an application for a working pattern change is rejected a written decision “must be issued” and include one or more of the specific business grounds listed under Para 9.
Family friendly flexibility statement
DWP has agreed to introduce a Policy Statement in support of a positive approach to family friendly and flexible work policies in the Department. This statement is copied below:
“Family Friendly Flexibility Statement
We know that people who are in work have to balance their work commitments, with their home and family commitments. We know that if these commitments are not balanced then people’s wellbeing suffers. People who are fit and healthy tend both to enjoy and succeed in their work more than those who are not.
That is why the Department’s Executive Team are convinced of the need to promote a positive approach to family friendly and flexible work policies in the Department.
We want to support and encourage our staff in balancing their lives and to this end will ensure that our policies enable business need to be met and are as family friendly and flexible as practicable. We offer some specific benefits which will help people to balance their lives: generous annual leave, special leave and flexible working patterns.
The Department’s Executive Team are committed to doing everything it can to ensure that this is a family friendly and flexible Department in which to work.
To operate this effectively there is an expectation that managers and employees need to co-operate, the key attributes of the policies that underpin the commitment to flexibility are:
Annual leave – employees are encouraged to take their full annual leave allowance and to have at least one spell of two consecutive weeks in any twelve month period which may be taken in the summer months between June and September and will also be given the opportunity to take annual leave at short notice, as long as business needs allow.
Flexible working and working patterns – employees should have some flexibility in their working pattern and hours of work with agreement of their manager, as a component of good organisation, job design and management to support the wellbeing of staff and business objectives.”
Work Break Improvements introduced
Work Break Procedure amendments include:
- where employees want to take a lunch break outside of set time bands, this may be allowed, subject to business need, though not imposed ( Para 1.2)
- managers “will allow” additional scheduled paid breaks where agreed in line with business policy ( Para 3.1)
- reasonable ad hoc breaks are not simply at a manager’s discretion but “will be allowed for refreshments, medication and the toilet for example” (Para 3.2).
Special leave availability
DWP has reviewed the take up of special leave and believes that the current policy and procedures are meeting the individual needs of staff. DWP has statistics which record 66645 “instances of special leave between 1 April 2007 and 31 March 2008.” PCS believes that there is room for improvement and would welcome evidence from Branches to support our case for changes.
Basis for further improvements
The changes agreed with DWP in 2009 are a basis for further improvements for all members. PCS is entering into urgent discussions with CMEC. The support of PCS members for the achievement of policy objectives, collectively agreed in the 2007 ballot, has delivered significant changes in DWP:
- abolition of relative assessment;
- abolition of performance level distribution quotas; and
- abolition of the Attendance Management “must give a warning” policy.
There remains much more to do and together we will build on the changes achieved in 2009.
10.8.09
Statutory Changes Implemented by DWP
The following information has been supplied by the Group Executive Committee:
Statutory annual leave changes from 20 January 2009
DWP is still discussing the impact of the European Court ruling. Annual leave Policy needs to be applied with regard to interim HR guidance issued April 2009, which was backdated to be effective from 20 January 2009. This DWP guidance can be found on the DWP Intranet HR Home Page by clicking on Guidance Updates and then scrolling down to April – 14/04/09. This interim guidance states:
Carry over of statutory annual leave following sick absence
The Department’s annual leave policy says that employees can carry over 14 days annual leave on return from long-term sick absence. With effect from 20 January employees will now be able to carry over 20 days statutory annual leave (or the untaken part of it if leave was taken before the sick absence) on their return to work. The normal arrangements for authorising absences, which balance the employee’s and the business’ needs, will apply.
Payment for untaken statutory annual leave when leaving the Department
Employees are entitled to payment for any untaken annual leave (including statutory annual leave) on leaving the Department. If an employee is on sick leave on their last day of service, statutory annual leave will accrue up to the last day of service. This overrides paragraph 13.3 of the annual leave policy and paragraph 7.2 of the sick leave procedures.
Working hours statutory change from 6 April 2009
The statutory right to request a change to hours of work, or change the times required to be at work, was amended from 6 April 2009, to give this statutory right to the parents of children aged under sixteen rather than under the age of six. DWP Working Hours & Working Patterns Policy Para 18 has now been amended. However, Policy Para 19 remains unchanged, which states: “In DWP, employees can apply regardless of whether they have children or other caring responsibilities”
Statutory annual leave changes from 20 January 2009
DWP is still discussing the impact of the European Court ruling. Annual leave Policy needs to be applied with regard to interim HR guidance issued April 2009, which was backdated to be effective from 20 January 2009. This DWP guidance can be found on the DWP Intranet HR Home Page by clicking on Guidance Updates and then scrolling down to April – 14/04/09. This interim guidance states:
Carry over of statutory annual leave following sick absence
The Department’s annual leave policy says that employees can carry over 14 days annual leave on return from long-term sick absence. With effect from 20 January employees will now be able to carry over 20 days statutory annual leave (or the untaken part of it if leave was taken before the sick absence) on their return to work. The normal arrangements for authorising absences, which balance the employee’s and the business’ needs, will apply.
Payment for untaken statutory annual leave when leaving the Department
Employees are entitled to payment for any untaken annual leave (including statutory annual leave) on leaving the Department. If an employee is on sick leave on their last day of service, statutory annual leave will accrue up to the last day of service. This overrides paragraph 13.3 of the annual leave policy and paragraph 7.2 of the sick leave procedures.
Working hours statutory change from 6 April 2009
The statutory right to request a change to hours of work, or change the times required to be at work, was amended from 6 April 2009, to give this statutory right to the parents of children aged under sixteen rather than under the age of six. DWP Working Hours & Working Patterns Policy Para 18 has now been amended. However, Policy Para 19 remains unchanged, which states: “In DWP, employees can apply regardless of whether they have children or other caring responsibilities”
Make Your Vote Count Campaign - European and Local Election Results
Background
Members will be aware that PCS are running a Make Your Vote Count Campaign. The campaign is not about the union instructing members which party to vote for. It is about seeking out the views of prospective candidates and raising the concerns of PCS members with those candidates.
We made an exception however with parties of the far right. We didn’t engage with them and we discouraged support for them. These organisations promote policies which are in opposition to union policy. Their policies are racist, sexist and homophobic and they are opposed to independent trade unions. It’s clear that PCS has to and always will take a stand against the far right.
Election results - A Setback
With these things in mind many people were shocked by the results of the recent local and European elections in the North West.
Although support for far right parties in the North West actually decreased, they made electoral gains due to the lack of support for mainstream parties.
However, the government’s equalities watchdog has already stated that organisations that openly discriminate in their membership policies on the basis of skin colour could be vulnerable to legal challenge.
This may appear self-evident to many of us but the issue has become far more pressing now that such organisations are receiving taxpayer’s money.
In addition, as the effects of the recession on the public finances leads to massive cuts in public spending, civil service jobs, pay, conditions and pensions are all likely targets. In fact the living standards of all working families as whole are now under threat.
We need to ensure that the kind of organisations that made electoral gains in the North West last month do no try to build on those gains by scapegoating minority groups for the effects of the recession.
The answer for Trade Unionists is to stick together and defend our common interests.
The traditional slogan of “United We Stand Divided We Fall” has never been more important to defending our interests.
Members will be aware that PCS are running a Make Your Vote Count Campaign. The campaign is not about the union instructing members which party to vote for. It is about seeking out the views of prospective candidates and raising the concerns of PCS members with those candidates.
We made an exception however with parties of the far right. We didn’t engage with them and we discouraged support for them. These organisations promote policies which are in opposition to union policy. Their policies are racist, sexist and homophobic and they are opposed to independent trade unions. It’s clear that PCS has to and always will take a stand against the far right.
Election results - A Setback
With these things in mind many people were shocked by the results of the recent local and European elections in the North West.
Although support for far right parties in the North West actually decreased, they made electoral gains due to the lack of support for mainstream parties.
However, the government’s equalities watchdog has already stated that organisations that openly discriminate in their membership policies on the basis of skin colour could be vulnerable to legal challenge.
This may appear self-evident to many of us but the issue has become far more pressing now that such organisations are receiving taxpayer’s money.
In addition, as the effects of the recession on the public finances leads to massive cuts in public spending, civil service jobs, pay, conditions and pensions are all likely targets. In fact the living standards of all working families as whole are now under threat.
We need to ensure that the kind of organisations that made electoral gains in the North West last month do no try to build on those gains by scapegoating minority groups for the effects of the recession.
The answer for Trade Unionists is to stick together and defend our common interests.
The traditional slogan of “United We Stand Divided We Fall” has never been more important to defending our interests.
A victory for all workers
Vindicated trade unionist Rob Williams thanks PCS for our support in securing his reinstatement in what is an important victory
On 11 June after a hard-fought grassroots campaign supported by your union and others I was reinstated in my job at the Linamar car parts factory in Swansea.
Management at the plant, formerly owned by Visteon and before that Ford, had summarily sacked me in April for what they described as an "irretrievable breakdown of trust".
What they called a breakdown of trust, I call carrying out my duties as the elected Linamar convenor for the Unite union.
It began when I was called in and told I was sacked with immediate effect – no investigation; no disciplinary process; no appeal.
The response from my colleagues was fantastic. They physically prevented management removing me from the site, even when the bosses called in the police.
Despite this, and negotiations at the highest level of my union, the company refused to budge, so we balloted for an indefinite walkout and won by 139 votes to 19.
Like the protests we held, the ballot was carried out against a backdrop of massive intimidation of workers by Linamar, and I pay tribute to my colleagues who stood firm in the grip of this recession.
I also received solid support from Unite and its general secretary, Tony Woodley, who sent me to the Ford assembly plant in Kansas, USA, the main recipient of the parts we make. If Linamar workers had walked out, Ford would have had to shut the Kansas plant down.
In the end the pressure we brought to bear, and the solidarity of workers in Swansea, the UK and around the world, proved too much for the company.
It is impossible to over-estimate the importance of the support I received and I would like to thank everyone who sent messages of support, donations or offered practical help.
This victory shows that when we fight we can win. And there are lessons to learn from our campaign which I hope will help future struggles.
On 11 June after a hard-fought grassroots campaign supported by your union and others I was reinstated in my job at the Linamar car parts factory in Swansea.
Management at the plant, formerly owned by Visteon and before that Ford, had summarily sacked me in April for what they described as an "irretrievable breakdown of trust".
What they called a breakdown of trust, I call carrying out my duties as the elected Linamar convenor for the Unite union.
It began when I was called in and told I was sacked with immediate effect – no investigation; no disciplinary process; no appeal.
The response from my colleagues was fantastic. They physically prevented management removing me from the site, even when the bosses called in the police.
Despite this, and negotiations at the highest level of my union, the company refused to budge, so we balloted for an indefinite walkout and won by 139 votes to 19.
Like the protests we held, the ballot was carried out against a backdrop of massive intimidation of workers by Linamar, and I pay tribute to my colleagues who stood firm in the grip of this recession.
I also received solid support from Unite and its general secretary, Tony Woodley, who sent me to the Ford assembly plant in Kansas, USA, the main recipient of the parts we make. If Linamar workers had walked out, Ford would have had to shut the Kansas plant down.
In the end the pressure we brought to bear, and the solidarity of workers in Swansea, the UK and around the world, proved too much for the company.
It is impossible to over-estimate the importance of the support I received and I would like to thank everyone who sent messages of support, donations or offered practical help.
This victory shows that when we fight we can win. And there are lessons to learn from our campaign which I hope will help future struggles.
This article was taken from the PCS Activate Magazine.
Swine Flu – CMEC Guidance
The Child Maintenance and Enforcement Commission has now published guidance on Swine Flu. The guidance is taken from official Government advice and is available on the intranet.
Guidance Q&A
The guidance helpfully contains advice for everyone regarding symptoms, protecting yourself and colleagues and what to do if you start feeling ill. It also gives advice regarding clients and business procedures regarding visits and appeal tribunals.
Most importantly, the guidance gives clear advice for managers in dealing with swine flu cases.
This deals with time off for caring for dependents who are unwell and action to be taken if staff feel unwell and/or display symptoms.
The guidance sets out action to be taken if a team member is found to have swine flu.
Attendance Management
Crucially, the Guidance deals with the impact of swine flu/suspected swine flu on attendance management:-
Q: Will an absence due to swine flu/suspected swine flu count towards formal attendance management action?
A: An absence due to swine flu or suspected swine flu should be disregarded and not cause warning, dismissal or failure of probation. This will apply even if the employee is subsequently confirmed not to have swine flu.
PCS view
PCS has had a large number of enquiries regarding swine flu and sick absence. PCS therefore welcomes this clear and unequivocal guidance.
Conclusion
PCS will continue to monitor the number of swine flu cases throughout CMEC and will issue a further news brief as necessary.
First Call Pilot
Following a visit to First Call by PCS, management are to proceed with the First Call Pilot in the CSA Midlands Area.
This will entail staff contacting First Care rather than their line manager to report in sick.
PCS had raised concerns about data protection and individual rights. First Care have confirmed that staff do have to agree for their line manager to be told of the exact detail of their illness/absence. Where this occurs, line managers will have to telephone their absent staff member. PCS also raised concerns regarding home working with First Care. These are to be considered by the security section.
Further guidance for members will be issued.
Merger of Child Maintenance Options and Client Interviewing Services
Management have proposed the merger of CM options and the client interviewing services. Following contact from members, PCS have written to management raising concerns regarding the status of the CM options staff and why the private company Ventura are not now supplying this service a year after they were contracted to do so?
Guidance Q&A
The guidance helpfully contains advice for everyone regarding symptoms, protecting yourself and colleagues and what to do if you start feeling ill. It also gives advice regarding clients and business procedures regarding visits and appeal tribunals.
Most importantly, the guidance gives clear advice for managers in dealing with swine flu cases.
This deals with time off for caring for dependents who are unwell and action to be taken if staff feel unwell and/or display symptoms.
The guidance sets out action to be taken if a team member is found to have swine flu.
Attendance Management
Crucially, the Guidance deals with the impact of swine flu/suspected swine flu on attendance management:-
Q: Will an absence due to swine flu/suspected swine flu count towards formal attendance management action?
A: An absence due to swine flu or suspected swine flu should be disregarded and not cause warning, dismissal or failure of probation. This will apply even if the employee is subsequently confirmed not to have swine flu.
PCS view
PCS has had a large number of enquiries regarding swine flu and sick absence. PCS therefore welcomes this clear and unequivocal guidance.
Conclusion
PCS will continue to monitor the number of swine flu cases throughout CMEC and will issue a further news brief as necessary.
First Call Pilot
Following a visit to First Call by PCS, management are to proceed with the First Call Pilot in the CSA Midlands Area.
This will entail staff contacting First Care rather than their line manager to report in sick.
PCS had raised concerns about data protection and individual rights. First Care have confirmed that staff do have to agree for their line manager to be told of the exact detail of their illness/absence. Where this occurs, line managers will have to telephone their absent staff member. PCS also raised concerns regarding home working with First Care. These are to be considered by the security section.
Further guidance for members will be issued.
Merger of Child Maintenance Options and Client Interviewing Services
Management have proposed the merger of CM options and the client interviewing services. Following contact from members, PCS have written to management raising concerns regarding the status of the CM options staff and why the private company Ventura are not now supplying this service a year after they were contracted to do so?
Shameful Way to Treat CMEC Staff
Shameful
That is how PCS described CMEC management’s decision to rip up the contracts of 111 CSA staff and force them to work different hours.
8 till 8 Initiative
Management had originally identified 868 staff who had contracted hours outside of the new business hours of 8am until 8pm.
Following two rounds of meetings with their line manager and then SEO’s 111 staff were still unable to agree to change their hours.
Many of the staff who were able to agree a change wanted to work days or are able to agree a later start in the morning.
Many of those staff who are unable to change are likely to lose pay or extended working hours allowance. This will also affect their pension. Despite this, management have decided to proceed.
Unacceptable
That is how PCS described CMEC management’s decision to rip up the contracts of 111 CSA staff and force them to work different hours.
8 till 8 Initiative
Management had originally identified 868 staff who had contracted hours outside of the new business hours of 8am until 8pm.
Following two rounds of meetings with their line manager and then SEO’s 111 staff were still unable to agree to change their hours.
Many of the staff who were able to agree a change wanted to work days or are able to agree a later start in the morning.
Many of those staff who are unable to change are likely to lose pay or extended working hours allowance. This will also affect their pension. Despite this, management have decided to proceed.
Unacceptable
At a meeting on Friday 31 July 2009, PCS made it clear that this is unacceptable and a shameful way for CMEC/CSA to treat it’s ‘people’.
Management Decision
Management have decided to proceed with the business change from 14 December 2009. They will effectively lock-out those staff who are contracted to work outside 8 till 8.
Initially, senior managers will consider each case and where an agreement cannot be reached, staff will receive a letter giving six months notice of the change to hours and offering continuous employment (on the new hours).
PCS View
PCS has argued that this exercise should be carried out on a no-detriment basis ie. no-one should lose out.
PCS has also offered to work with management to try and resolve any problems.
PCS has also written to Mark Grimshaw Managing Director of CSA urging him to think again.
Breach of Contract
PCS has strong legal advice that an imposed change will constitute a breach of contract. Management have also taken legal advice but they declined our offer of exchanging advice.
CMEC are clearly unilaterally imposing a change of contract in that they are changing employees contracted working hours.
Our advice clearly states that changes to contracts can lawfully be made by:
- Agreement (with individuals)
- Collective bargaining
- Having an express clause in the contract that specifically permits the change (but if not operated reasonably a claim for breach of mutual trust and confidence is likely to succeed).
Unlawful changes to contracts:
- Unilateral imposition of a change of contract (such as changing an employee’s working hours or working pattern without their agreement). In law, this equates to a dismissal under the terms of the original contract and immediate re-hire under the terms of the imposed new contract with the imposed change of term.
In this situation, employees may make a claim of unfair dismissal under the terms of the old contract, and breach of contract. If the terms of the new contract are unreasonable, they may also claim constructive unfair dismissal and breach of contract.
This affects us all
PCS believes that this is not just a matter for those 111 affected. If management feel able to rip up their contracts illegally then undoubtedly they will feel able to do the same to the rest of us if or when it suits them. PCS has asked for members meetings to discuss this injustice.
Beggars Belief
For management to want all staff to work in the new business hours is understandable. What beggars belief is that they care so little for their people they are prepared to cut their pay to make them do it.
Advice and Guidance
PCS advises any member directly affected by this change to contact their local PCS representative or the PCS Leeds office for help and/or representation.
Meanwhile, PCS will continue to try to dissuade management from proceeding and further guidance will be issued.
Combatting the Nazis
The following has been provided by Blackpool and Wyre Unite Against Facism:
Halting the BNP Locally
Including:
Weymann Bennett, Unite Against Facism
Julia Orry, UNISON (personal capacity)
Labour Party, LGBT and faith speakers to be confirmed.
The British National Party want to pass themselves off as a respectable parliamentary party. They are nothing of the sort.
Nick Griffin, the Nazi leader of the British National Party, continues to call for boats with migrants on them to be sunk.
He also has a criminal conviction for claiming that Hitler’s Holocaust never took place and every other single leading figure in the BNP is a hardline Hitler admirer.
The BNP is a racist organisation that is dedicated to kicking out every single black and Asian person from this country, claiming they are ‘racial foreigners’ that should be ‘repatriated’.
Where ever the BNP gets its claws into a community, race hatred and racist attacks start rising. They are lying when they say they want to help ‘British Workers.’
Halting the BNP Locally
12 August 2009, 7.30 pm
Ruskin Hotel, Albert Road, Blackpool
(Close to Debenhams)
Ruskin Hotel, Albert Road, Blackpool
(Close to Debenhams)
Including:
Weymann Bennett, Unite Against Facism
Julia Orry, UNISON (personal capacity)
Labour Party, LGBT and faith speakers to be confirmed.
The British National Party want to pass themselves off as a respectable parliamentary party. They are nothing of the sort.
Nick Griffin, the Nazi leader of the British National Party, continues to call for boats with migrants on them to be sunk.
He also has a criminal conviction for claiming that Hitler’s Holocaust never took place and every other single leading figure in the BNP is a hardline Hitler admirer.
The BNP is a racist organisation that is dedicated to kicking out every single black and Asian person from this country, claiming they are ‘racial foreigners’ that should be ‘repatriated’.
Where ever the BNP gets its claws into a community, race hatred and racist attacks start rising. They are lying when they say they want to help ‘British Workers.’
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