Public and Commercial Services Union

GEC endorses agreement

Following feedback from branches, and the Jobcentre Plus Advisory Committee, the Group Executive Committee (GEC), meeting on 15 October 2008, endorsed revised proposals for a flexible working hours agreement to cover members working in the Benefit Delivery Centre (BDC) network of Jobcentre Plus. The full revised agreement will be copied to branches and guidance will be issued to members, including those who are managers, and representatives on best practices under the agreement.

Protecting and promoting flexi-time

Our purpose for the agreement is to both protect and promote flexi-time in the BDC network and to extend best practices across the DWP. The GEC recognised three aspects in particular as good reasons to endorse the agreement:

• Minimum levels of cover
• Bandwidth minimum standard
• Formal and ad hoc breaks

Minimum levels of cover

The provisions under paragraph 3 of the agreement are supportive of :

• Use of computer schedules to inform but not dictate management decisions
• Cover to be arranged through agreed means – taking into account staff preferences, asking volunteers or using an equitable rota system
• Everyone is not automatically required to provide cover at the end/start of the day

These provisions are underpinned by the definition of nil core time, under para 6.1 that there is no part of the bandwidth when it is essential for all staff to be at work.

A collective agreement will support interventions by BDC management should local arrangements not conform to the centrally agreed letter and spirit of the agreement. However this should only be necessary when local discussions have been exhausted.

Bandwidth minimum standard

The minimum bandwidth is defined as not less than 10 hours under para 7.1. This is a significant improvement on the DWP FWH procedures which only “recommend” a minimum bandwidth of 10 hours.

Credits for doctors and dental appointments

Credits will be given for all emergency appointments (para 14.2).
Employees should try to arrange other dental or medical appointments outside of normal working patterns/at the start or end of the working day. If however it has to be during working hours and the employee has no control over this, the manager should allow a flexi credit (para 14.3).

Formal and ad hoc breaks

Paid formal breaks of 15 minutes in the morning and afternoon will be given to employees whose working day is 7.24 (7.12 London) or more. A paid break of 15 minutes will be given to BDC employees whose daily working time is 3.30 or more but less than the full working day (para 16.1).

The introduction of paid formal 15 minute breaks under the agreement are in addition to the current statutory and contractual rights of DWP employees. For example, part time employees in DWP have:

• a legal entitlement is to an unpaid break of not less than 20 minutes when working more than six hours under the Working Time Regulations.
• a contractual entitlement to an unpaid break of not less than 30 minutes when working not less than five hours in one day.
• a right not to be treated less favourably than a comparable full time worker under the Part-Time Workers (Prevention of Less Favourable Treatment ) Regulations.

A paid break of 15 minutes when daily working time is 3.30 or more under the agreement, together with access to paid ad hoc breaks, is designed to give better access to paid breaks than under strict pro rata limits. The agreement supports reasonable arrangements for members without detriment to statutory rights.

Reasonable ad hoc breaks, under para 16.3, will be allowed for refreshments, toilets, medication etc. These will not be scheduled breaks but it is expected that “the normal courtesies between individuals and team leaders” will apply (para 16.3).

The agreement also covers breaks for religious observance and smoking as notified in branch briefing DWP/BB/129/08.

Consolidation and improvement

The agreement will consolidate the carry over for flexi credits and deficits, and the limit for flexi leave, at 3 days. This is in the context of:

• The original civil service standard being 1.5 days
• The DWP framework being a range between 1.5 days up to 4 days
• The position on the deficit carry over in the BDC network being 51 sites with 3 days or less and 33 with 4 days.

We therefore replace a patchwork of individual differences with an agreed consolidated position which will be used as a basis for protecting the actual delivery of flexi-time locally, a basis for further improvements and a basis for extending the best practices of the agreement through collective bargaining for all members.

The GEC also agreed to:

• continue to campaign for universal access to flexi–time for all employees;
• reaffirm our zero tolerance for zero flexibility policy and issue guidance for branches;
• issue guidance for PCS members who are managers in the BDC network;
• ask for time and premises for members meetings to explain the benefits available under the agreement.