The Fleetwood Weekly News have issued an article reporting on the happenings inside and outside the Frank Townend centre in Cleveleys where the BNP held their recent local rally.
The following is verbatim, all credits to the Fleetwood Weekly News:
"Published Date: 15 October 2009
Inside view on the BNP
BURLY security staff in heavy, black coats guard the door while police pace outside the Frank Townend Centre in Cleveleys. It's not the usual midweek sight outside the Beach Road community centre where children go for dance classes and ladies meet for art and craft sessions.
But it's not every night the BNP holds a rally in the quaint seaside town. And it's certainly not often the press get invited to see what goes on behind those well guarded doors. So when Clive Jefferson, North West BNP regional organiser, ushered me into their meeting room, I was quite taken aback.
Going inside, I pass a passionate group of anti-fascist protesters waving placards and shouting.
One protester, Jane from Blackpool Trades Union Council told me: "We will fight wherever the BNP stand. If we stand together, we will oppose them quicker."
Then there's an army of bouncers, wearing BNP badges, to negotiate. I join around 40 people – BNP members and invitees – who have turned up to listen to the party's policies and their plans to form a branch in Wyre.
Stood in front of a large banner proclaiming "British jobs for British workers" with a Union Jack flag beside him Mr Jefferson said: "We are a legitimate party, we have a right to hold a meeting here. We want British jobs for British workers. We want the troops out of Iraq."
The audience – a few women but mainly men in their 50s and 60s – burst into applause. But what about their ideas for Cleveleys? James Clayton, candidate for next week's Jubilee ward by-election, said: "The major problems are anti-social behaviour and drug use in Cleveleys, needles being found on the Promenade, mess in the roads, grass cuttings and street lighting.
"A lot of people have shown interest in our party and this is our chance to show ourselves for who we are, which isn't the skinhead or thugs and yob image."
One member offers me a drink as he says: "We're not intimidating are we? We get a lot of bad press but we're not thugs." But I don't like what I hear next as around six people put their hands up to request an application form to become a BNP member. One convert shouts: "I'll have an application form, but not a coloured one!" It was greeted with laughter by most in the audience, and was a deeply unpleasant reminder of where I was. I had a distinctly uneasy feeling in the pit of my stomach.
While inside the building the recruitment drive was in full flow, it was a different story outside as four people got turned away. All were either black or Asian. There were no members of the ethnic minorities inside.
As I left a security guard told me: "After a while it was getting full up so we decided it had to be members only." Strange that, as I was given a seat all to myself and I'm not a member. And I swear there was plenty of space.
Madhvi Chabba-Moudgil, 35, from St Annes, was one of those turned away, along with partner Vishal Moudgil and brother SK Chabba. She said: "Allowing a party that only allows certain people to join only goes towards a breakdown of relationships between all sections of the community and further leads to spoil the good work of people who work towards integration and good relations between different communities and classes of society. In this day and age, for a society of this kind to require police presence at a community centre, is a very sad statement in humanity. What hope is there for integration of society?"
Stephen Howard, 32, who is black and from Cleveleys, who was also turned away, said: "When I asked why, they said: 'what does BNP stand for?"
The refusals put Bernie Naughton off from going inside. The 42-year-old from Poulton said: "I came down to hear their opinions but then I saw they were not letting Stephen in I changed my mind."
Around seven police officers were outside to make sure the rally and protest passed off peacefully. Supt Richard Spedding said officers would be looking into the circumstances surrounding people being refused entry. He then praised protesters, including those from Unite Against Fascism, Lancaster Unity and Blackpool Fylde and Wyre Trades Union Council, for how they behaved during their demonstration.
Anti-fascist campaigners are planning a protest in London against the BNP leader's presence on BBC One's Question Time on October 22. Black writer Bonnie Greer will take part in a televised debate with far right party leader Nick Griffin. They will be joined by Justice Secretary Jack Straw – the first senior Labour politician to say that he was willing to appear on the show with Mr Griffin.
* The other candidates for the Jubilee by-election are: Roy Hopwood representing the UK Independence Party, Wayne Martin for Labour and Tory David Walmsley"
14.10.09
European H&S Week Stalls
PCS are holding events on the major Fylde sites for European H&S Week. There will be information on the stalls on various workplace health and safety issues.
The stalls will be staffed by trained PCS H&S Representatives so you can feel free to pop along and discuss any issues you have in the workplace relating to health, safety and welfare.
The venues, dates and times are detailed below:
Norcross Canteen (Block 5)
Monday 19th October 2009
11.45 am to 1.30pm
Tomlinson House Canteen
Monday 19th October 2009
11.45 am to 1.30pm
Warbreck House (Outside Canteen)
Tuesday 20th October 2009
11.45 am to 1:30pm
Peel Park (Deli Bar Phase 2)
Thursday 22nd October 2009
11.45am to 1.30pm
We hope to see you at one of the events!
LEAN - An Update
The purpose of this post is to provide an update on the roll-out of Lean across DCPU Ops and the planned roll-out of Lean into the Support Unit and Helpline. PCS met with Senior Management on 13th October 2009 to discuss the issues and concerns we had and of those raised by members.
DCPU Ops
The final stages of the Lean roll-out are approaching and Senior Management state that all DCPU Ops areas should have ‘gone live’ by 30th November 2009. Senior Management stated that they were currently looking to share ‘good practices’ across the Units with a view to standardising the work flow. We advised that we had received reports of areas scrapping the Lean processes and reverting back to the ‘old’ ways of working. We have concerns that this implies that Lean is not working as well as the employer would have us believe.
We reiterated our concerns in respect of the Health & Safety implications of the low level racking used. Despite PCS continually raising this concern with Senior Management since the start of Lean approx 18 months ago, the matter has still to be resolved to our satisfaction. The Senior Manager responsible for Lean, stated that no member of staff should be forced to use low level racking if they had any concerns about doing so, and that alternative arrangements should be made. However PCS want to remove the Health & Safety risk for all members, not just individuals.
Given that low level racking has resulted in a number of serious accidents (some of which are being taken forward as legal claims), and is also No1 on the Employer’s Top 10 list for Health & Safety risks associated with Lean, we do not believe that this is an acceptable resolution.
We do not believe Senior Management are taking the matter of low level racking seriously. We will continue to pursue this matter through the appropriate Health & Safety channels, as PCS do not believe that Health & Safety risks should be purposely built into working practices. However if Senior Management’s suggestion of using alternative arrangements is helpful to you then you should speak to your line manager to establish what alternative arrangements you can utilise.
DCPU Support Units
We discussed Lean being rolled-out into the Support Unit, in respect of the intention to roll out the Lean processes at the same time as the Lean awareness sessions were being run. Obviously we were concerned by this. Senior Management assured us that Lean roll-out would not take place until after staff have had the Lean awareness sessions. Senior Management also agreed to meet with PCS again after those sessions had taken place so that we could discuss any proposals they had with them.
Helpline
Roll-out of Lean into Helpline is still in the planning stages but Senior Management expect it to take place sometime between now and March 2010. Senior Management explained that some Helpline staff had been assisting the Lean Core Team by giving details regarding the type of calls/work Helpline staff do on a day-to-day basis. They stated that they would also be involving turret staff in this process. Senior Management assured us that any Lean processes implemented in Helpline would not be about cutting the call length by being less helpful to customers/ claimants; but that Lean was about making processes more efficient and therefore could result in the call length being increased, if that did in fact increase efficiency.
I hope that the above is useful. If you have any issues or concerns about Lean then please do not hesitate to contact the Branch Office on ext 61186.
DCPU Ops
The final stages of the Lean roll-out are approaching and Senior Management state that all DCPU Ops areas should have ‘gone live’ by 30th November 2009. Senior Management stated that they were currently looking to share ‘good practices’ across the Units with a view to standardising the work flow. We advised that we had received reports of areas scrapping the Lean processes and reverting back to the ‘old’ ways of working. We have concerns that this implies that Lean is not working as well as the employer would have us believe.
We reiterated our concerns in respect of the Health & Safety implications of the low level racking used. Despite PCS continually raising this concern with Senior Management since the start of Lean approx 18 months ago, the matter has still to be resolved to our satisfaction. The Senior Manager responsible for Lean, stated that no member of staff should be forced to use low level racking if they had any concerns about doing so, and that alternative arrangements should be made. However PCS want to remove the Health & Safety risk for all members, not just individuals.
Given that low level racking has resulted in a number of serious accidents (some of which are being taken forward as legal claims), and is also No1 on the Employer’s Top 10 list for Health & Safety risks associated with Lean, we do not believe that this is an acceptable resolution.
We do not believe Senior Management are taking the matter of low level racking seriously. We will continue to pursue this matter through the appropriate Health & Safety channels, as PCS do not believe that Health & Safety risks should be purposely built into working practices. However if Senior Management’s suggestion of using alternative arrangements is helpful to you then you should speak to your line manager to establish what alternative arrangements you can utilise.
DCPU Support Units
We discussed Lean being rolled-out into the Support Unit, in respect of the intention to roll out the Lean processes at the same time as the Lean awareness sessions were being run. Obviously we were concerned by this. Senior Management assured us that Lean roll-out would not take place until after staff have had the Lean awareness sessions. Senior Management also agreed to meet with PCS again after those sessions had taken place so that we could discuss any proposals they had with them.
Helpline
Roll-out of Lean into Helpline is still in the planning stages but Senior Management expect it to take place sometime between now and March 2010. Senior Management explained that some Helpline staff had been assisting the Lean Core Team by giving details regarding the type of calls/work Helpline staff do on a day-to-day basis. They stated that they would also be involving turret staff in this process. Senior Management assured us that any Lean processes implemented in Helpline would not be about cutting the call length by being less helpful to customers/ claimants; but that Lean was about making processes more efficient and therefore could result in the call length being increased, if that did in fact increase efficiency.
I hope that the above is useful. If you have any issues or concerns about Lean then please do not hesitate to contact the Branch Office on ext 61186.
Equality News
The Equality and Human Rights Commission has issued it's latest "newsletter".
This edition covers their finance inquiry, their action against the BNP, an update on our Strategic Funding Programme and more.
Click here to open the site in a new window.
PCS Women's Introductory Course
PCS in conjunction with Preston TUC Education Unit are running a Women's Introductory Course.
It takes place over three days, the 3rd, 4th & 5th November 2009 at Preston College, Trade Union Education Unit, 5th Floor Buckingham House, Glovers Court, Preston, PR1 3LS.
The course runs from 9.30am to 4.30pm each day and is designed for for new women reps.
The course aims to:
- Encourage the involvement of women
- Build skills and confidence
- Familiarise you with the policies of PCS
If you would like to attend this course, please complete and send an application form (these are available from Katya Lawder in Room C122A, Warbreck House) by Tuesday, 20th October 2009.
2009 PCS Proud Seminar - Glasgow
The 2009 PCS Proud seminar for members has been announced. It is being held over the weekend commencing 20th November in Glasgow and you don't have to be a Proud member to apply, however, you must identify as being lesbian, gay, bisexual, or transgender.
More information can be found on the PCS Proud website here.
More information can be found on the PCS Proud website here.
The required application forms can be found on the PCS HQ website here.
Application forms must be received by the Equality, Health and Safety Department by midday on Thursday 29th October 2009.
13.10.09
Protest Against the BNP - Cleveleys
PROTEST AGAINST THE BNP
Date: 6pm Tuesday 13th October
Location: Outside the Frank Townend Community Centre, Kensington Road, Cleveleys.
The BNP are holding a private meeting/rally in Cleveleys Jubilee ward in the run up to the local by-election.
Their event has been approved by Wyre Borough Council despite much opposition from Labour Councillors, local UAF and others.
The BNP meeting is being held at The Frank Townend Community Centre on Kensington Road, just off Beach Road at 7pm on Tuesday 13th October.
A protest demonstration is therefore planned for the same time outside the community centre.
Please pass this on to as many people as you can.
Let's have a large number of people outside protesting about this.
The BNP are a racist organisation who wish to divide the community, and a community centre is no such place for them to be holding a race hate meeting.
Please arrive early and in groups if possible.
Stay safe!
Date: 6pm Tuesday 13th October
Location: Outside the Frank Townend Community Centre, Kensington Road, Cleveleys.
The BNP are holding a private meeting/rally in Cleveleys Jubilee ward in the run up to the local by-election.
Their event has been approved by Wyre Borough Council despite much opposition from Labour Councillors, local UAF and others.
The BNP meeting is being held at The Frank Townend Community Centre on Kensington Road, just off Beach Road at 7pm on Tuesday 13th October.
A protest demonstration is therefore planned for the same time outside the community centre.
Please pass this on to as many people as you can.
Let's have a large number of people outside protesting about this.
The BNP are a racist organisation who wish to divide the community, and a community centre is no such place for them to be holding a race hate meeting.
Please arrive early and in groups if possible.
Stay safe!
9.10.09
Stop the BNP meeting in Cleveleys
It has been brought to our attention that the BNP are holding a meeting (invite only as far as we are aware, although rumours have been heard that it is to be a public meeting) in the Frank Townend Community Centre in Cleveleys which is owned by Wyre Borough Council.
The meeting is taking place on 13th October 2009.
You are all urged to complain to Wyre Borough Council on 01253 891000 or by email and The Frank Townend Community Centre on 01253 863369.
The BNP is an extremist racist organisation that seeks to divide the community, and as such we feel that a community centre (especially a council owned one) that is supposed to serve the needs of the whole community is not the place for such a group to hold a meeting.
Please phone/email and ask them to cancel this meeting on the grounds that a community centre should be there to serve the whole community, and not to promote a group that seeks to divide and alienate whole sectors of the community.
If they do not cancel the meeting then the UAF will be arranging a demo outside the building.
1.10.09
Low Level Racking - LEAN “designs in” Problems
Negotiations To Resolve The Matter – Compensation Claims
Over the years we have witnessed problems with filing at Warbreck, particularly with staff filing in the “corridors” within the rooms. Unfortunately although the Department has a policy to “design out” Health and Safety risks, this is only a theory.
Since the introduction of LEAN techniques at Warbreck we have seen a proliferation of low level racking at Warbreck. This has resulted in serious accidents. According to the employer’s top ten list of Health and Safety risks associated with LEAN; low level racking appears at number 1.
We have tried at every turn over the past year to get the employer to see sense collectively and for them to restore proper racking and eliminate the low level racking. At the Warbreck Safety Committee on 30th September 2009 the employer acknowledged the scale of the problems and agreed to issue a statement to try and resolve the issues (or at least to start to take steps to improve matters).
Although the problems may be resolved in the near future, members who have suffered a medical detriment are now pursuing the issue through the legal channels.
Detriments to Health and Legal cases
So far it appears that there have only been half a dozen accidents associated with low level racking. This may be the tip of the iceberg.
Two of the members’ cases are being actively taken forward by the Lawyers. However there may be other members who have suffered a medical detriment as a result of the low level racking who would be interested in joining in a “group” action of claims through the Lawyers.
Since the introduction of LEAN techniques at Warbreck we have seen a proliferation of low level racking at Warbreck. This has resulted in serious accidents. According to the employer’s top ten list of Health and Safety risks associated with LEAN; low level racking appears at number 1.
We have tried at every turn over the past year to get the employer to see sense collectively and for them to restore proper racking and eliminate the low level racking. At the Warbreck Safety Committee on 30th September 2009 the employer acknowledged the scale of the problems and agreed to issue a statement to try and resolve the issues (or at least to start to take steps to improve matters).
Although the problems may be resolved in the near future, members who have suffered a medical detriment are now pursuing the issue through the legal channels.
Detriments to Health and Legal cases
So far it appears that there have only been half a dozen accidents associated with low level racking. This may be the tip of the iceberg.
Two of the members’ cases are being actively taken forward by the Lawyers. However there may be other members who have suffered a medical detriment as a result of the low level racking who would be interested in joining in a “group” action of claims through the Lawyers.
If you feel that you have suffered detriments that you may have been subjected to as a result of the low level racking then please contact me as soon as possible, in order that any claims can be considered by the Lawyers.
30.9.09
European H&S Week Stalls
PCS are holding events on the major Fylde sites for European H&S Week. There will be information on the stalls on various workplace health and safety issues.
The stalls will be staffed by trained PCS H&S Representatives so you can feel free to pop along and discuss any issues you have in the workplace relating to health, safety and welfare.
The venues, dates and times are detailed below:
Norcross Canteen (Block 5)
Monday 19th October 2009
11.45 am to 1.30pm
Tomlinson House Canteen
Monday 19th October 2009
11.45 am to 1.30pm
Warbreck House (Outside Canteen)
Tuesday 20th October 2009
11.45 am to 1:30pm
Peel Park (Deli Bar Phase 2)
Thursday 22nd October 2009
11.45am to 1.30pm
We hope to see you at one of the events!
23.9.09
Attacks On The Civil Service Compensation Scheme 2
It’s Time To Write To Your MP!
Members will have seen the ridiculously entitled document from the Cabinet Office “Fairness for All, Proposals for reform of the Civil Service Compensation Scheme”. The word fairness is a gross misrepresentation of the true facts. The proposals include the following attacks:
Members will have seen the ridiculously entitled document from the Cabinet Office “Fairness for All, Proposals for reform of the Civil Service Compensation Scheme”. The word fairness is a gross misrepresentation of the true facts. The proposals include the following attacks:
- Slashed. The amount of compensation paid if you are made compulsory redundant.
- Chopped. The amount of money that may be offered on any exit scheme (including compulsory redundancy on voluntary basis)
- Axed. All the enhancements to any early retirement schemes that may be offered in the future.
And of course this does not bode well for the future of job security in the area. We have already witnessed well over one thousand five hundred jobs being lost in the Fylde area over the past 5 years. Once the worst of the bankers created recession is over then there will undoubtedly be a purge on Civil Service jobs. Cutting the compensation makes it cheaper to get rid of people.
Make them Bulge
You may wish to write to your MP about the proposals (the Branch has already done so however it’s best if MPs get many letters from their constituents). There is a template letter here if you wish to use one, alternatively you could draft your own views. There may still be time to also write to the Cabinet Office at pensionspr@cabinet-office.x.gsigov.uk. Please copy at the same time to cscs@pcs.org.uk.
If you require any further details then please contact your site Branch Office.
14.9.09
Time off for Branch Extraordinary Meeting
Time off for Branch Extraordinary Meetings to Nominate for General Secretary Post of PCS has been agreed by the DWP. 30 minutes plus reasonable travelling time for members to attend their branch meeting will be allowed.
This time off has also been agreed by CMEC/CSA management.
The Fylde Central Benefits and Services Branch meeting is scheduled for:
Wednesday 7th October
Warbreck House Canteen
10.00am to 10.30am
The agenda will be as follows:
- Announcements and apologies
- Nominations for the post of PCS General Secretary
- Motions to amend the Branch Constitution
- Motion about the attacks on the Civil Service Compensation Scheme.
This General Meeting rejects the attempts by the Government/ Cabinet Office to dramatically cut the amount of payment made to members through the Civil Service Compensation Scheme. We note that this is just a precursor to attacks on jobs; making it cheaper to make people redundant.
We note that the proposals, dressed up in disingenuous spin, contained in a document laughably entitled “Fairness for All” are not about fairness at all. What “Fairness for All” really does is to:
- Slash. The amount of compensation paid if you are made compulsory redundant.
- Chop. The amount of money that may be offered on any exit scheme (including compulsory redundancy on voluntary basis)
- Axe. All the enhancements to any early retirement schemes that may be offered in the future.
Women's Introductory Course
PCS and the TUC Education unit in Preston are running a Women's Introductory Course on the 4th, 5th and 6th of November 2009.The course is free for PCS members/activists to attend, further details can be obtained from Katya Lawder or Gloria Hodgkinson on Ext: 61186.
The course aims to:
- Encourage the involvement of women
- Build skills and confidence
- Familiarise you with the policies of PCS
11.9.09
DCPU Turrets PCS Policy And Achievements
The purpose of this post is to provide members with an update on the PCS policy (as democratically endorsed at the Annual General meeting) about the principles of Turrets working and the achievement to date of our policy objectives.
AGM Policy
The Branch Annual General Meeting on 26th February 2009 carried a motion by a large majority which was directed to the PCS DWP Group Executive Committee to carry out the following (the following text being the conclusion of the motion):
“Conference therefore instructs the incoming GEC to continue to work with the Branch concerned with an aim to campaign, if still required, for the following:
The Branch has undertaken a further round of desk top ballots and the results of which have been forwarded to the negotiators to raise with the employer and have been published to the members. We intend to undertake another round of desk top ballots in September.
The latest round of members’ ballots in May 2009 showed that there had been a slide away from compliance with the Joint Statements on the Turrets, surrounding the Preference and Availability aspects.
Once again I would just like to reiterate the definitions of preference and availability. ‘Availability’ means the period of time you are in the office, and is clarified in the first agreed joint statement as “recognising the different working patterns of staff (some preferring to work early, others late and other patterns.” ‘Preference’ means the time you would prefer to work on turrets. The two terms are separate issues and should not be confused or blurred. Whereas preferences cannot always be met, availability should always be. This is also clarified in the agreed joint statement as it states that staff should “not feel coerced into working times which do not meet their stated availability.” Therefore, if a slot cannot be filled through availability (or preference), then it should be reported to Helpline as being ‘unfilled’. This has been agreed by Senior Management.
We have been pressing for the 80/20 split to return and have monitored the figures supplied by the employer which indeed have been positive with this being achieved in every week since May 2009 except for one week in August when it hit 21%. Taken from where we began with around a third of calls, and up to half at some times, being taken by Turrets staff this is a significant achievement particularly given the jobs cuts around the Department.
We are still pressing for resolution on the 4pm to 5pm and the maximum number of hours.
There was a meeting on Wednesday 9th September 2009 to look at the items above and hopefully progress them. We considered the 4pm to 5pm slot and although Senior Management were reluctant to withdraw their requirement for cover at this time they did recognise that they wouldn’t always need as many staff as they do now and at some times they would not need any. With this in mind they are looking to reduce the present requirement of 44 staff to 22 staff with a view to reducing further if call traffic allows. They did say that it is unlikely they would be able to reduce from 44 staff on Mondays in recognition that this had the highest levels of call traffic. We welcomed this movement towards our stated aim.
We also discussed the maximum number of hours staff should work on Turrets. The employer’s experience suggests that staff don’t work more than 20% of their time available on the turrets except in periods of peak leave or other unexpected staff absences. Senior Management indicated that there will be some staff who are content to work more on the turrets and whilst Senior Management would not consider a maximum number of hours at this time we agreed that there was a prospect of an agreed joint statement reflecting the percentage of time spent on turrets during different times of the year.
If you have any issues surrounding the Turrets hours, the agreements and preference and availability then please contact Emma Haslehurst (Deputy Secretary) or Dean Rhodes (Assistant Secretary).
AGM Policy
The Branch Annual General Meeting on 26th February 2009 carried a motion by a large majority which was directed to the PCS DWP Group Executive Committee to carry out the following (the following text being the conclusion of the motion):
“Conference therefore instructs the incoming GEC to continue to work with the Branch concerned with an aim to campaign, if still required, for the following:
- That there is adequate staffing in the DCPU and that this increase in staffing is not by stripping other areas of their staffing
- That the terms of the pilot on preference and availability are honoured by the employer
- That there is removal of extensions of the Turrets working i.e. earlier than 10 am or later than 4 pm.
- That there is an agreed maximum number of hours per week/ month that anyone can work on the Turrets.”
The Branch has undertaken a further round of desk top ballots and the results of which have been forwarded to the negotiators to raise with the employer and have been published to the members. We intend to undertake another round of desk top ballots in September.
The latest round of members’ ballots in May 2009 showed that there had been a slide away from compliance with the Joint Statements on the Turrets, surrounding the Preference and Availability aspects.
Once again I would just like to reiterate the definitions of preference and availability. ‘Availability’ means the period of time you are in the office, and is clarified in the first agreed joint statement as “recognising the different working patterns of staff (some preferring to work early, others late and other patterns.” ‘Preference’ means the time you would prefer to work on turrets. The two terms are separate issues and should not be confused or blurred. Whereas preferences cannot always be met, availability should always be. This is also clarified in the agreed joint statement as it states that staff should “not feel coerced into working times which do not meet their stated availability.” Therefore, if a slot cannot be filled through availability (or preference), then it should be reported to Helpline as being ‘unfilled’. This has been agreed by Senior Management.
Return to the 80% to 20% split between Helpline and Ops.
Part of the agreed joint statements was the statement of intent from the employer to return to the previous percentage level of calls between Helpline and DCPU Ops. This is known as the 80/20 split. As explained at meetings this is important in terms of trying to resolve some of the other points above including the staffing levels in Helpline and also the 4pm to 5pm working and also the maximum number of hours per week/month that anyone can work on the Turrets.We have been pressing for the 80/20 split to return and have monitored the figures supplied by the employer which indeed have been positive with this being achieved in every week since May 2009 except for one week in August when it hit 21%. Taken from where we began with around a third of calls, and up to half at some times, being taken by Turrets staff this is a significant achievement particularly given the jobs cuts around the Department.
We are still pressing for resolution on the 4pm to 5pm and the maximum number of hours.
There was a meeting on Wednesday 9th September 2009 to look at the items above and hopefully progress them. We considered the 4pm to 5pm slot and although Senior Management were reluctant to withdraw their requirement for cover at this time they did recognise that they wouldn’t always need as many staff as they do now and at some times they would not need any. With this in mind they are looking to reduce the present requirement of 44 staff to 22 staff with a view to reducing further if call traffic allows. They did say that it is unlikely they would be able to reduce from 44 staff on Mondays in recognition that this had the highest levels of call traffic. We welcomed this movement towards our stated aim.
We also discussed the maximum number of hours staff should work on Turrets. The employer’s experience suggests that staff don’t work more than 20% of their time available on the turrets except in periods of peak leave or other unexpected staff absences. Senior Management indicated that there will be some staff who are content to work more on the turrets and whilst Senior Management would not consider a maximum number of hours at this time we agreed that there was a prospect of an agreed joint statement reflecting the percentage of time spent on turrets during different times of the year.
If you have any issues surrounding the Turrets hours, the agreements and preference and availability then please contact Emma Haslehurst (Deputy Secretary) or Dean Rhodes (Assistant Secretary).
Say no to the fascist BNP on Question Time
We are appalled by the BBC's decision to invite Nick Griffin, leader of the fascist British National Party, onto its flagship Question Time programme. Griffin is a noxious racist and neo-Nazi. He has a criminal conviction for incitement to racial hatred for publishing an antisemitic magazine that denied the Holocaust.
The BBC justifies its actions by claiming that the BNP should be treated just like any other party. But no other party has a "whites only" membership policy. No other party burns golliwogs at its "family festivals". No other party has a history of deep involvement in Nazi politics and supporters with a record of organising racist violence against minorities.
The BNP is not a democratic political party. It is a fascist organisation that should be shunned by wider civil society. As a publicly funded body, the BBC in particular has a duty to oppose racism. Black, Asian, Jewish and LGBT people pay the licence fee too. It is their rights to live free of hate that the BBC should be protecting, not those of BNP bigots.
Like all fascist organisations the BNP craves respectability and pretends to be democratic in order to further its real agenda of attacking democracy and spreading bigotry. By inviting Griffin onto Question Time the BBC is playing into the BNP's hands and thereby, however unintentionally, aiding the fascists.
We call on the BBC to stop rolling out the red carpet to racists and stop giving succour to the BNP by inviting its bigots on to our airwaves. The BBC should reverse its decision to invite Griffin onto Question Time – and start taking a robust stand against racism and fascism.
What Can You Do?
- Sign this statement by sending an email marked "Question Time" to unite@ucu.org.uk
- Complain to the BBC by phoning 03700 100 222 or online at http://bit.ly/bbccomplaints
- Join the Facebook group protesting at the BBC decision at http://bit.ly/0909uaffb
- Take the UAF petition round your workplace or community: http://bit.ly/0909uafqt
- Make a donation to Unite Against Fascism at http://bit.ly/uafdonate
9.9.09
Meeting between DCPU Management and PCS
Firstly we raised the welcome negotiated improvements to Conditions Of Service as agreed between DWP and PCS and published on 3rd August 2009. Amongst these was a commitment to improve Industrial Relations between all levels of Management and PCS and we expected DCPU Management to meet their responsibilities under these arrangements. Senior Management agreed that this was important and would always aim to do so.
Christmas Cover and Annual Leave
PCS noted Senior Management’s proposals about staffing levels for Christmas 2009 which represented a slight improvement in some areas on previous years. We have concerns about the fact that turret schedules are unlikely to be altered for these days meaning it is likely that turret staff working on those days will be on turrets. Senior Management want to provide a “seamless” service to claimants who contact by phone. However it was agreed that it was important that the spirit of the turrets working arrangements are still complied with.
As regards Annual Leave we welcomed the recent improvements agreed between DWP and PCS and noted the fact that the Department had returned to the position already agreed with DCPU Management that all staff are entitled to 2 weeks leave in the Summer. We also confirmed with the Grade 6’s that there should be no arbitrary levels set of numbers of staff allowed off ie 25%. This is not compliant with the Departmental Policy. If there are any instances of staff being refused time off solely on the basis of set numbers please let us know.
DM Targets
In response to a number of concerns raised by members we asked whether there were DM targets in DCPU. Senior Management assured us there were no DM targets in terms of each DM must do x amount of cases. However they would expect teams to have a level of productivity and accepted that this could be misinterpreted to individual DMs.
We are aware that some Line Managers seek to “challenge” their DMs about their productivity ie asking why they haven’t cleared enough in one day or asking DMs to justify why they have not cleared all their work. This is not acceptable if it is done in an intimidatory or harassing manner.
Attendance Management
We welcomed the improvements to the Attendance Management Policy in particular the abolition of the “must give a warning” clause. We asked Senior Management to ensure that all staff were aware of these improvements. Senior Management assured us that they had briefed their SEOs who should have told their staff. It is important that all members are aware of the improvements to the Policy and how it affects them. Let us know if you haven’t been told about this.
We discussed adjustments to trigger points if staff have a DDA condition. PCS were aware that many Line Managers, particularly in the Helpline, appear to have adopted a 4 days covers all conditions policy. This is not compliant with either the DWP Guidance or the legislation. If members have been affected by this erroneous application please contact Carl Erwin (Branch Executive Committee member at Warbreck) in Room C122A and we will raise with Senior Management.
We also discussed the interpretation of OHS reports as it is clear that OHS do not provide clear guidance or advice to Managers. Both PCS (and Senior Management) urge members (and Line Managers) to challenge OHS if they believe incorrect, poor or vague advice is given.
Turrets
We had been made aware that some Units were forcing staff to work 2 hour shifts at lunch time leading to members stating they were not available from 12 to 2pm. This has been resolved by insisting that staff should have access to a lunch break and that shifts should be managed accordingly. This was understood and agreed by Senior Management.
Promotion Boards
PCS pressed for an AA to AO promotion board particularly in light of the AO lateral transfer exercise that was ongoing. Senior Management argued that they wanted to allow staff on Helpline to transfer and whilst we understand this desire we believe there is no career progression path for AAs except into Helpline which means giving up flexible working which many members find difficult. Senior Management were not prepared to consider an Ops AA to AO promotion board at this time which is disappointing.
Overtime and ETM Machines
PCS raised this issue that some Line Managers had been insisting that staff working on overtime had to swipe in and out on the ETM machines. This has not been subject to consultation with PCS and had not been agreed with us. Senior Management were keen to introduce this but accepted that further thought needs to be given to it and agreed to consider their position before consulting PCS on any proposals. Until that consultation takes place they agreed that there was no obligation on members to use ETM machines for overtime. Members can still choose to use the old method of signing in sheets if they wish when working on overtime.
Hopefully the above is useful. If you require any further details about these or any other points then please do not hesitate to contact the Branch Office.
8.9.09
CSA Contract Breakers - Update
PCS had agreed at earlier meetings that what management was proposing to do – imposing new contracts on staff was illegal, but it was their failure to consult under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) that stopped management from giving notice of dismissal.
Formal Consultation
Management have now written to PCS to open formal consultation under TULRCA and a meeting has been arranged for Tuesday 8th September.
TULRCA
Section 188 Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) places a duty on an employer to consult with recognised independent trade unions where it proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days. “Dismiss as redundant” is widely defined to include any dismissals for a reason “not related to the individual concerned”. Dismissals in order to impose new terms and conditions are covered by this section.
Consultation should begin in good time and in any event 90 days before the date the first dismissals take effect where the employer is proposing to dismiss 100 or more employees.
TULRCA states that consultation shall include consultation about ways of:
• Avoiding Dismissals
• Reducing the number of employees to be dismissed
• Mitigating the consequences of the dismissal.
PCS Campaign
PCS is campaigning for staff not to be worse off as a result of management’s desire to change contracts. This can be achieved and the staff affected could then offer to change their hours without suffering detriment.
Members Meetings
PCS branches have been asked to organise all members meetings to discuss this unprecedented attack on our terms and conditions. It isn’t just a matter for those directly affected. If management get away with changing contracts without agreement for staff, what is to stop them changing your contract when it suits them. Ask your rep when your meeting is on Ext: 88209 or Ext: 88622.
CMEC has the opportunity to become an employer of choice a place where staff committed to lifting children out of poverty can be pleased to work. In threatening to rip up contracts CMEC has not made a good start.
PCS is continuing to raise the matter nationally within PCS and is asking for the matter to be raised by the PCS Parliamentary group.
PCS will update you further following the consultation meeting.
4.9.09
Fairness For All
he Branch has raised concerns with local MP's about the Cabinet Office Publication "Fairness for All, Proposals for reform of the Civil Service Compensation Scheme".
Below are two interim responses recieved from Ben Wallace MP and Joan Humble MP.
Ben Wallace Letter.
Joan Humble Letter.
Below are two interim responses recieved from Ben Wallace MP and Joan Humble MP.
Ben Wallace Letter.
Joan Humble Letter.
3.9.09
Resolving Helpline Issues
Imposed Scheduled Breaks Dispute and Discussions about Dispute Resolution.
You may have seen the earlier circulars regarding the employer imposing fixed scheduled breaks from 26th May 2009. We indicated that we intended to continue to oppose this imposition and were considering what steps we need to take to try to persuade Senior Management to remove this imposition and especially in light of your views as established by ballot which was undertook on Thursday 30th April 2009 (which was a snapshot of the members’ views that were in work at that point).
The results of the ballot are as follows:
Questions:
a) Do you believe that imposed scheduled breaks are a good idea? Yes: 77 No: 185
b) Are scheduled breaks compatible with your Health, Safety and Welfare at work? Yes: 79 No: 174
As there was no change in the employer’s position when we lodged dispute (s) through the Health and Safety channels and the matter has been referred to Agency level. In the mean time to try and resolve matters before the next PDCS Safety Committee, an Informal meeting took place on 2nd September 2009.
At the meeting it was agreed that there would be a meeting following the review of the imposed scheduled breaks, which will likely take place in early October 2009. We advanced the need for individuals to have input and be consulted about the timing of their breaks, and also the potential for flexibility within when the breaks can be taken. We also reminded the employer that our recent experience suggests that we can work together to find acceptable ways forward given willingness on both sides. PCS has indicated we are willing to discuss further to try and resolve matters. If we cannot then we will continue with the dispute(s) and will keep members informed.
Hopefully the above is useful. If you require any further details about these or any other points then please do not hesitate to contact the Branch Office.
If you have not yet joined PCS then please complete the form here to do so.
You may have seen the earlier circulars regarding the employer imposing fixed scheduled breaks from 26th May 2009. We indicated that we intended to continue to oppose this imposition and were considering what steps we need to take to try to persuade Senior Management to remove this imposition and especially in light of your views as established by ballot which was undertook on Thursday 30th April 2009 (which was a snapshot of the members’ views that were in work at that point).
The results of the ballot are as follows:
Questions:
a) Do you believe that imposed scheduled breaks are a good idea? Yes: 77 No: 185
b) Are scheduled breaks compatible with your Health, Safety and Welfare at work? Yes: 79 No: 174
As there was no change in the employer’s position when we lodged dispute (s) through the Health and Safety channels and the matter has been referred to Agency level. In the mean time to try and resolve matters before the next PDCS Safety Committee, an Informal meeting took place on 2nd September 2009.
At the meeting it was agreed that there would be a meeting following the review of the imposed scheduled breaks, which will likely take place in early October 2009. We advanced the need for individuals to have input and be consulted about the timing of their breaks, and also the potential for flexibility within when the breaks can be taken. We also reminded the employer that our recent experience suggests that we can work together to find acceptable ways forward given willingness on both sides. PCS has indicated we are willing to discuss further to try and resolve matters. If we cannot then we will continue with the dispute(s) and will keep members informed.
Hopefully the above is useful. If you require any further details about these or any other points then please do not hesitate to contact the Branch Office.
If you have not yet joined PCS then please complete the form here to do so.
Support The Campaign To Defend The Civil Service Compensation Scheme
Our union has agreed to campaign to fight against the Governments plans to sweep away the protection you get from the Civil Service Compensation Scheme (CSCS). The CSCS sets out the terms and levels of payment made to employees who are declared redundant. It is very important that PCS members in the DWP support our campaign.
Attack On Our Conditions
The key changes proposed by the Government would make things worse by
capping your redundancy payment entitlement at a maximum of two years pay.
removing your entitlement to additional or enhanced early payment of pension and lump sum from the Flexible Early Severance and Compulsory Early Severance schemes.
Allowing Departments to withdraw from the national scheme and set up their own voluntary redundancy schemes subject to a two year cap on the level of payments.
DWP Members Particularly Vulnerable To This Attack
Remember until the current recession DWP was at the forefront of attacks on jobs across the Civil Service. Some 30,000 full time equivalent posts in DWP were cut between 2004 and 2008. There is little doubt whichever party wins the next General Election that DWP will again be at the forefront of job cuts in Government Departments.
Against this background PCS members in DWP are particularly vulnerable to this attack on CSCS terms and conditions. If the Government force through the changes it will:
- slash the level of compensation payments in scheme and only encourage Ministers to drive forward with future plans to reduce staff numbers in DWP.
- reduce the numbers of staff who volunteer for redundancy when jobs are cut therefore increasing the likelihood that compulsory redundancy will be used to reduce staff numbers.
- make redundancy more likely for Fixed Term Contract staff making it harder for PCS to get them made permanent.
CMEC Members Affected
Members working in CSA/CMEC were faced with potential redundancy following the closure of a number of satellite processing centres. Most of these staff were re-deployed but some chose voluntary redundancy under the terms of the current scheme. They would have been much worse off under the proposed changes to the CSCS.
With the new maintenance scheme being put out to tender by private companies the threat of redundancy may again be an issue in CMEC. If the proposed government changes are brought in then compulsory redundancy may be a threat.
Getting Rid Of Staff Who Are Sick On The Cheap
Finally, if the Government gets its own way on the changes currently proposed, there is little doubt they will attack other parts of the Civil Service Compensation Scheme. Such as your right to compensation if you are one of the many staff in the DWP dismissed because of the Managing Attendance policy and performance targets.
Your Support Is Vital
Our national campaign includes pressing our case with Government Ministers and exploring options for a legal challenge. Your support is vital and you can help by:
Sending and email to – pensionspr@cabinet-office.x.gsi.gov.uk to insist that the government honours existing contracts and negotiates a good scheme for new entrants.
encouraging other members to do the same. Copy your emails to PCS at cscs@pcs.org.uk ensuring your Branch also raises concerns with Management at local level
Attend one of the union members’ meetings which will be organised between 25 September and the end of October. Ask your local PCS site office for details.
We Can Win This Campaign
The CSCS is at the very heart of our contractual terms and conditions. The scheme has provided important protection for thousands of union members. It has helped avoid the use of compulsory redundancies and has underpinned arrangements to help ensure that any job losses have been done on an orderly, fair basis and by agreement with our Union.
We cannot allow the government to impose changes that are a massive detriment to the vast majority of our members. If we don’t fight this attack it would give the government a green light to other key terms and conditions such as our pensions.
If we stick together we will win.
Put People First Campaigning Day
Friday 4 September 2009
10am-6pm, Central London
This autumn the G20 is back. On Friday 4 September, the G20 Finance Ministers are meeting in London to discuss the financial crisis, for the first time since April’s G20 summit. So far they’ve flunked the challenge of putting people first in response to the financial crisis, preferring instead to patch up the old system that has led to poverty, inequality and the threat of climate chaos.
Join us in central London to tell the G20: No More Business As Usual.
We’ll be demanding action on jobs, justice and climate, learning more about some of the key institutions behind the crisis, and discussing what’s next for Put People First campaigning.
10.30am-11.15am: A media stunt at which 20 powerful world leaders will carry a throne of money through the City of London. Campaigners will tell them that it’s time to put people before money. Location Lloyds Building, Leadenhall St.
11.15am-1pm: A walking tour of companies and institutions that have contributed to the economic crisis. Activists will meet at Liverpool Street (outside the rail station next to the McDonalds).
2pm-6pm: International speakers and a worker from the Vestas wind turbine plant will address a conference of activists from across the UK. The Woolfson Theatre, London School of Economics.
To register to attend, email events@jubileedebtcampaign.org.uk or phone 020 7324 4722.
25.8.09
Hope Not Hate - Luton
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
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
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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