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Denial of time off for PCS members - Offer of Settlement

  • Time denied now granted
  • PCS access to members re-instated
  • PCS recommends members accept the offer

Background

Members may recall HO/MB/60/07/09, and HO/MB/61/08 which reported the position on this issue.

During the 2007 pay talks PCS applied to management on behalf of members for 30 minutes time off to be granted to enable them to attend a meeting to discuss pay. This request was refused by management in the then Border and Immigration Agency.

Following legal advice that the refusal of time may be illegal, PCS lodged employment tribunal applications on behalf of 8,527 members affected by the refusal. After an initial hearing of the Tribunal which determined that the PCS claims had been correctly lodged, the employer offered to negotiate. We are pleased to advise members that agreement on a settlement has now been reached.

The settlement offer

The offer from the employer contains the following provisions:

  • A 30 minute time credit to all PCS members who are participating in the claim and were employed by BIA on 21 September 2007, the date on which the original request was refused. The time credit would need to be taken within 1 month of any settlement of the claim. For those absent from the workplace for that month, the time would be taken within one month of their return to work.
  • A flat rate payment of £6.00 for any member who has left the department since 21 September 2007
  • An amendment to the departmental facilities agreement strengthening members’ right to paid time off to discuss a final pay offer
  • Re-instatement of PCS access to local induction events
  • Re-instatement of PCS access to workplaces for organizing purposes
  • Re-instatement of PCS access to members at their desks for leafleting purposes

The offer recompenses members for the original time off that was refused and re-instates all access to members for PCS which had previously been withdrawn. PCS considers that the offer made by the employer is a reasonable one and is therefore recommending that members accept it.

What happens next?

From 30 October 2009, members involved in the claim will be receiving a letter from our solicitors Thompsons, which will officially notify you that Thompsons are handing back representation to PCS in light of the settlement offer. Enclosed with this will be a further letter from PCS containing details of the settlement offer, a return form for you to complete indicating whether or not you are willing to accept the offer, and a pre-paid envelope in which you should return your form. Members will be asked to complete and return the form by 20 November 2009.

Victory for PCS members

The settlement offer represents a significant victory for PCS and this action has ensured that members will continue to enjoy access to the union in the workplace. We will continue to defend members’ interests in this regard should there be any future attempt by the employer to act in this manner again. We urge all members to accept the settlement and the victory achieved.