Nationwide impact for 28 April campaign

The following details have been supplied by the TUC:

In over 50 towns and cities and hundreds of workplaces people commemorated International Workers’ Memorial Day, the TUC has said. In an update on the TUC’s health and safety facebook page on the 28 April activities, the union body noted that London saw hundreds of building workers assembled at Tower Hill where a group of apprentices released balloons recognising those killed in building sites in the capital. 

Hundreds also braved sometimes atrocious weather to attend events in Manchester, Sheffield and other towns and cities around the country. In Lincoln, trades council secretary Nick Parker said: “We will redouble our efforts to put safety before profit, and encourage all workers to join a trade union and organise to protect themselves and their colleagues from harm.” According to the TUC facebook update: “However it was often in workplaces where the biggest effect was held, with many workers holding a minute’s silence at noon to remember the dead. At the same time the Labour front bench used the opportunity to reiterate their plans for health and safety after the election, and, at the same time, praised union health and safety representatives”. 

TUC general secretary Frances O'Grady, writing in the Morning Star and referring to this year’s 28 April hazardous substances theme, noted: “Without stronger regulation and, more importantly, proper enforcement, people will continue to die needlessly from being exposed to hazardous substances. It is time ministers woke up to this reality and looked at the bigger picture. Health and safety in our workplaces doesn’t just protect workers, it protects those in the wider community.” She said the Conservative-led government “did all it could to weaken health and safety legislation and make it harder for victims, including those who have been to exposed hazardous chemicals, to pursue claims against employers.”

Our anti-union busting campaign continues

The trade union movement represents millions of voters and their families and communities. We all need strong unions and PCS is determined to put our rights at the centre of the 2015 general election.

 

With unprecented attacks on trade union rights and only 8 weeks until the general election it has never been a better time to email your mp and ask them to commit to support trade union rights under this and the next government. write to your MP (http://www.pcs.org.uk/unionbustingaction)

Mandating Meeting 2015



BEC Vacancies

Following the 2015 AGM there are several BEC vacancies available for members if they wish to become more involved with the Branch.

The Vacancies are as follows:

Norcross (Tomlinson House – SSCL/Group4/Cofley): 1 Vacancy

Warbreck House: 7 Vacancies

Peel Park: 6 Vacancies

Private Sector Areas: 3 Vacancies

If you are interested and would like to observe a BEC please get in touch with the Branch office.

Dispute unfair ‘Must improve’ ratings

The following has been supplied by Dave Burke, PCS Assistant Secretary (DWP), please note the links will only work on the DWP Technology system:

Performance ratings must not be changed or forced simply to fit the distribution guide

Balanced consideration of performance
Your end-of-year rating must always be based on a balanced consideration of your personal performance over the reporting period. DWP People Performance Procedure supports performance improvement but this cannot be achieved by misuse of ‘Must improve’ ratings.

The ‘Achieved’ rating encompasses the widest span of performance and may include performance that is verging on needing improvement or exceeding in some areas or is generally satisfactory (Procedure 9.6).

Ratings must meet equality standards
Newness to the role, Disability, Part-time Working are examples of circumstances which may legitimately influence the level at which objectives should be set and failure to do so may result in an unfair end-of-year rating. Where there has been a failure to make adjustments for such circumstances the end of year rating may need to be adjusted to ensure that the rating is fair and reasonable. DWP provides guidance in the guide for ‘How to: Set Performance Expectations Consistently at the Start of the Year’. PCS guidance is provided in PCS Briefing DWP/MB/005/15 Managers must focus on equality not quotas. A new People Performance Advice Q Q28 (Can a work objective be agreed retrospectively?) also confirms that a manager cannot unilaterally set a retrospective work objective but it is possible to do so in agreement with the employee.

Must improve ratings must be justified
The terms for the Must Improve rating under People Performance Procedure 9.7 are:

9.7 The Must Improve rating includes employees whose performance requires improvement and those employees who are being managed under formal unsatisfactory performance procedures. This rating may also be appropriate for others whose performance has required improvement during the reporting period, where this is a proportionate response. Mid-year and end-of-year ratings will always be based on a balanced consideration of the employee’s personal performance over the entire period and decisions must be transparent, fair and reasonable.

Must improve ratings must be proportionateThe use of the Must Improve rating as a ‘proportionate response’ means that the rating is not predetermined where improvement has been informally required during the reporting period. It should not be an unfair, disproportionate response to a relatively minor or isolated issue or given for petty/trivial issues.

Managers must not apply quotas
DWP People Performance has a procedural requirement that ratings must be consistent with known performance expectations (Procedure 12.1). DWP procedures for rating performance do not require managers to meet the guided distribution ranges but do insist that ratings will not be changed or forced simply to fit the distribution (Procedure 9.3). Managers must not co-operate with any local misuse of the guided distribution as ‘box mark quotas’. Managers must comply with DWP policy not to do so.

Dispute unfair ratings
It is best practice to try to resolve disagreements informally but you have a right to raise a formal grievance and appeal under the normal Grievance and Appeal Procedures should you want to challenge any unacceptable decision. People Performance Procedure 13.2 confirms the grievance process:

13.2. Employees are expected wherever possible to progress their issue using Employee Action or Manager Action in the Grievance procedures. Managers are required to engage constructively with employees to ensure the Employee Action and Manager Action procedures are meaningful and effective. Should the issue remain unresolved and, upon further reflection, the employee believes it is reasonable to do so, employees may have their grievance dealt with under the Management Investigation procedure

Timescale for raising a formal grievance
A complaint for investigation under the formal process of Management Investigation should be raised within 30 working days of the disputed decision. Where informal action, using Employee Action or Manager Action, does not resolve the issue care should be taken to put a formal complaint within 30 working days of the date of the original decision.

PCS support and representation
You have a right to a grievance and appeal hearing and the right to be accompanied by a PCS Representative. Contact your local PCS Representative for advice, support and representation.

Ministers defend curbs on union ‘facility time’ in Whitehall

The BBC has posted the following news report on their website:

Labour spokeswoman Lucy Powell said check-off was used by a host of leading British companies, including Rolls-Royce, GKN and Balfour Beatty and said this and other changed were a “union-bashing exercise” in the run-up to the election.

“It is election time. We have a Tory minister coming to the House in a pre-election union-bashing exercise… there is a clear strategy in his government to public servants up and down the country. The government ‘doesn’t value the work you do and is hell-bent on disenfranchising you and weakening your rights at work’.”

http://ift.tt/1FJTpNm

AGM 2015

Full coverage of the 2015 AGM at Thornton Little Theatre.

This video probably won’t work on a DWP computer so have a look at home if you want to.

Disabled People Against the Cuts – National Day of Action

Disabled People Against the Cuts (DPAC) and other disability protesters are holding a national day of demonstrations on 2 March 2015 in various towns and cities against the Work Capability Assessment and the new provider Maximus. Maximus are the company that DWP has contracted to replace Atos who lost the Work Capability Assessment contract last year.

Members should be assured that the protesters are opposed to the government policy of Work Capability Assessments and making private profit from the delivery of public services. As the union, through conference decisions, shares these positions we support the protesters’ demands – and have made that clear to them.

Nevertheless we would like to make members aware of this planned day of action on 2 March and to be extra vigilant on the day in the event of any incidents that could occur. We recognise that the governments’ WCA policy has affected the lives thousands of disabled people across the country and can understand that emotions can run high as a result of this highly controversial policy. That is the reason why we will continue to campaign for the work to be brought back in-house and continue to raise the issue politically through our work within the PCS parliamentary group and supporting campaigns to improve the lives of disabled people.

Details of where the demonstrations can be found on the DPAC website

DWP Sick Leave Procedure revised for new Return to Work Plans

The following details have been supplied by the PCS DWP Group:

New independent assessment service

DWP Sick Leave Procedure and Fit Note Advice have been revised for the introduction of Return to Work Plans from a new government funded advice service called ‘Fit for Work’. The GOV.UK website explains that:

· Fit for Work…provides an occupational health assessment and general health and work advice to employees, employers and GPs

· Fit for Work will complement, and not replace, existing occupational health services provided by employers.

· Fit for Work is a Great Britain wide service. In England and Wales it will be provided by Health Management Limited. In Scotland it will be provided by the Scottish Government on behalf of DWP and will be known as Fit for Work Scotland.

Key things you need to know revised

DWP Sick Leave ‘Key things’ for Medical Evidence have been revised: If your GP refers you to an external Occupational Health provider, you will be issued with a Return to Work Plan. This is treated as medical evidence and you should forward this in the same way as you would do with a Fit Note. You should inform your GP that there is an Occupational Health service in place at work.

Sick Leave Procedure revised

DWP Sick Leave Procedure has been revised to take account of Return to Work Plans issued by Fit for Work:

· Medical Evidence – Procedure 5.3 confirms: If the GP has referred the employee to an external OH provider, the employee may be given a Return to Work Plan. This should also be accepted as medical evidence.

· Referring to Occupational Health Service – Procedure 6.7 confirms: It is not necessary for the manager to make a referral to the external Occupational Health service as the internal OH service is the primary source of occupational health support.

Advice

There will be a phased roll out of the new service over a period of months during 2015.

The British Medical Association (BMA) has warned that it will boycott the new service if doctors felt it was forcing people back to work. The BMA warns if GPs feel the new service is punitive, or is seen as part of a system to drive people off benefits, they will very quickly disengage.

Members should inform their GP that there is an OHS in place at work and only use the new service if their GP identifies an advantage to do so in their personal case.

Study explodes EU over-legislation myth

The following details have been supplied by the TUC:

Government claims that the European Union has fuelled an increase in legislation have been proven to be a myth, the TUC has said.

The union body was commenting after an an academic study concluded that far from producing too much legislation, the EU is only producing a small minority of the new laws coming into effect in Britain.

It showed the number of new directives has halved in the past five years and this trend seems set to continue, as the European Commission’s Work Programme for 2015 has abandoned 80 proposals and introduced just 23.

TUC head of safety Hugh Robertson, writing in the Stronger Unions blog, noted: “For many of us, the fact that the EU is regulating less is not a matter for celebration, but anger. We have recently seen proposals for new regulations on carcinogens and musculoskeletal disorders ditched by the Commission after pressure from the UK and, in the current climate, many ordinary workers would welcome new laws on employment protection, fairness at work or decent hours, wherever they come from.” He added that other studies of the impact of EU laws only examined effects on business. “The Commission has just conducted a study on the effect of EU health and safety legislation, but the main question is what have been the costs and benefits to business. In fact EU regulations in areas like health and safety, consumer rights and employment, have been of huge benefit to hundreds of millions of people throughout Europe, so why is the Commission not evaluating the benefits to its workers and citizens that its regulation brings, rather than just perpetuating the myth that regulation is about burdens and ‘red tape’?”

Resort wages lowest in the North West

The Blackpool Gazette has published an article about the particularly low wages in the area. The full article can be found here.

AGM 2015

You may not be able to view these on a DWP network PC.

Part 1

Post by PCS Fylde Central Benefits & Services Branch.

Part 2

Post by PCS Fylde Central Benefits & Services Branch.

DWP Sick Leave Procedure revised for new Return to Work Plans

The following details have been supplied by the PCS DWP Group:

New independent assessment service

DWP Sick Leave Procedure and Fit Note Advice have been revised for the introduction of Return to Work Plans from a new government funded advice service called ‘Fit for Work’. The GOV.UK website explains that:

·         Fit for Work...provides an occupational health assessment and general health and work advice to employees, employers and GPs

·         Fit for Work will complement, and not replace, existing occupational health services provided by employers.

·         Fit for Work is a Great Britain wide service. In England and Wales it will be provided by Health Management Limited. In Scotland it will be provided by the Scottish Government on behalf of DWP and will be known as Fit for Work Scotland.

Key things you need to know revised

DWP Sick Leave ‘Key things’ for Medical Evidence have been revised: If your GP refers you to an external Occupational Health provider, you will be issued with a Return to Work Plan. This is treated as medical evidence and you should forward this in the same way as you would do with a Fit Note. You should inform your GP that there is an Occupational Health service in place at work.

Sick Leave Procedure revised

DWP Sick Leave Procedure has been revised to take account of Return to Work Plans issued by Fit for Work:

·         Medical Evidence – Procedure 5.3 confirms: If the GP has referred the employee to an external OH provider, the employee may be given a Return to Work Plan. This should also be accepted as medical evidence.

·         Referring to Occupational Health Service -Procedure 6.7 confirms: It is not necessary for the manager to make a referral to the external Occupational Health service as the internal OH service is the primary source of occupational health support.  

Advice

There will be a phased roll out of the new service over a period of months during 2015.

The British Medical Association (BMA) has warned that it will boycott the new service if doctors felt it was forcing people back to work. The BMA warns if GPs feel the new service is punitive, or is seen as part of a system to drive people off benefits, they will very quickly disengage.

Members should inform their GP that there is an OHS in place at work and only use the new service if their GP identifies an advantage to do so in their personal case.

Fair Pay Fortnight Campaign

It’s Fair Pay Fortnight from 16 Feb to 1 March – two weeks of campaigns and activities from Britain’s unions aimed at tackling our growing pay crisis.

 

We’re coming out of a recession caused by greed and recklessness at the top of the banking industry. But whilst executive pay is booming again, for most Britons we’re still stuck in the longest living standards squeeze since Victorian times.

 

When wages are low consumers spend less; businesses can’t grow, the Exchequer gets less tax income and the deficit only grows further. We need a new plan for the economy that gets wages growing and keeps them growing.

 

Find out more about Fair Pay Fortnight and how you can get involved visit the TUC page FairPayFortnight.org

Study explodes EU over-legislation myth

The following details have been supplied by the TUC:
Government claims that the European Union has fuelled an increase in legislation have been proven to be a myth, the TUC has said.

The union body was commenting after an an academic study concluded that far from producing too much legislation, the EU is only producing a small minority of the new laws coming into effect in Britain.

It showed the number of new directives has halved in the past five years and this trend seems set to continue, as the European Commission’s Work Programme for 2015 has abandoned 80 proposals and introduced just 23.

TUC head of safety Hugh Robertson, writing in the Stronger Unions blog, noted: “For many of us, the fact that the EU is regulating less is not a matter for celebration, but anger. We have recently seen proposals for new regulations on carcinogens and musculoskeletal disorders ditched by the Commission after pressure from the UK and, in the current climate, many ordinary workers would welcome new laws on employment protection, fairness at work or decent hours, wherever they come from.” He added that other studies of the impact of EU laws only examined effects on business. “The Commission has just conducted a study on the effect of EU health and safety legislation, but the main question is what have been the costs and benefits to business. In fact EU regulations in areas like health and safety, consumer rights and employment, have been of huge benefit to hundreds of millions of people throughout Europe, so why is the Commission not evaluating the benefits to its workers and citizens that its regulation brings, rather than just perpetuating the myth that regulation is about burdens and ‘red tape’?”

Win for disabled staff denied pay

Land Registry staff are in line for a withheld performance award after a judge ruled they were discriminated against for their disabilities.
Five claimants had not been included in the award scheme because they had received formal warnings for sick absence.
A tribunal found the time off was all attributed to disability and they had been discriminated against under equality legislation.
At an employment appeals tribunal, judge Peter Clark rejected the Land Registry’s argument that their disabilities were not a factor in the decision.
He ruled the only relevant fact was they were denied the award because of their disability related absence.
The scheme allowed for discretion where a warning related to an employee’s conduct, meaning payments could still be made, but there was no discretion for sickness.
We supported the claimants at the tribunal and appeal and have now written to the Land Registry to say all payments should be made.
The case confirms once again of how unfair and discriminatory bonus systems can be.
Read the full judgement.

Tax justice now!

Tax should play a vital role in society in every country, redistributing wealth from corporations and rich individuals, funding vital public services and tackling poverty. Instead multinational companies dodge billions of pounds of tax every year, acting as giant corporate parasites on the countries they operate in, sucking profits out and leaving the rest of society paying the price.

War on Want are running a campaign they are demanding that the UK's tax laws are changed and the UK's tax havens are abolished, so the UK can no longer feed the corporate tax dodgers sucking profits of countries around the world.

Tax justice is not just about ending tax avoidance and evasion, it is about a building a democratic tax system, based on ability to pay and spent according to need.

Take action now and demand the Uk stops fuelling tax dodging by emailing the home office here.