Public and Commercial Services Union

Management intend to deploy for five days at a time. PCS advice to members and managers:

Background

HO/MB/06/10 gave details of management’s attempts to compel staff to go on compulsory detached duty to cover the roles of their colleagues working in France who are taking strike action as a result of management’s disgraceful attack on their livelihoods.

Solidarity

In their desperation to cover the controls, management sent out a national call for volunteers to cover the controls left vacant by striking PCS members. PCS responded by urging people not to volunteer. In a fantastic show of solidarity by PCS members, management were unable to muster enough bodies to cover the controls voluntarily.

Management try to impose compulsory detached duty
In light of their failure to cobble together enough people to cover the controls voluntarily, management have now tried to

impose compulsory detached duty citing the “mobility clause”. This is effectively an attempt by the employer to force people from all over the country to go to France to cover the controls when PCS call strike action.

They have issued a “Manager’s Briefing Pack” on the issue that makes it clear that any enforced detached duty will be for 5 days at a time. This is a reprehensible act by the employer which demonstrates a callous disregard for their employees. It appears that there are no depths to which they will not sink in order to impose their will.

Inflaming the situation

This latest act by management is highly inflammatory and has served to only alienate their workforce further. PCS will now be forced to actively consider widening the dispute and balloting members in other areas in order to protect them from being used as a scab labour force by and employer with seemingly no principles.

Compulsory detached duty and mobility - advice for members

HO/MB/06/10 gave members advice on compulsory detached duty and mobility. It is clear from the feedback we have received from members that they have no desire to be compelled by the employer to travel hundreds of miles to cover the roles of colleagues who are striking to defend their livelihood.

Despite this, management appear to be continuing to show a callous disregard for their workforce and are ploughing on regardless. Accordingly, we are re-producing here our earlier advice to members and providing some further advice in order that members have the necessary tools to defend themselves from this vicious attack.

Compulsion

PCS do not believe that management can simply compel people to go and work in France. We have taken legal advice on the matters arising and, in light of that advice, we are issuing this guidance for members in the event that you are approached by the employer.

The employer claims that they are entitled to deploy mobile staff to any location under compulsory detached duty, provided that the action is proportionate and individual circumstances have been taken into account. PCS do not believe that this is the case.

Our advice states that the employer cannot require mobile staff to carry out detached duty. Therefore, in the event that management ask any mobile staff to go on compulsory detached duty, those staff should explain to management that our legal advice states that they are under no obligation to go and that they do not intend to do so.

Mobility

Not only is our legal advice that there is no requirement for mobile staff to undertake detached duty, but members should also be aware that the exercising of any mobility requirement must pass a test of “reasonableness”.

If it is not reasonable to ask staff to travel several hundred miles to cover a control in another country over a two day period then mobility cannot be enforced. If the employer tries to enforce it then that decision can be challenged.

If you are approached and told that you must undertake juxtaposed control work you should bear in mind the following:

• Distance away from home
• Amount of time required to get to the juxtaposed controls
• The notice given of this compulsion
• Your personal circumstances and demands
• Your social circumstances and demands
• Your domestic life and family

All these factors will play a part in any valid reason why staff cannot undertake compelled mobility hundreds of miles from their homes at short notice. You should make it clear to the employer that you have legitimate reasons why you cannot go.

Interviews - Responses to management

In the event that you are approached by management and asked if there are any reasons why you cannot go on detached duty, you should advise them of those reasons drawing upon the points contained within the section headed “Mobility” above.

Remember that you have a right to privacy and a family life and, therefore, that management cannot be over intrusive in their questioning. You have the right to draw a line and decline to answer questions on grounds of privacy.

In the event that you believe that you believe that their line of questioning is becoming over intrusive, you should advise them that this is the case and that you do not intend to go into further detail, citing your right to private life.

Remember that, try as they might, the employer does not own you. In acting in this manner you are not engaging in industrial action. You are simply advising the employer you are willing to do the job they pay you to do but you are not willing to allow them to dictate the terms of your existence!

Post-interviews – Recording your position

In the event that you are interviewed, you should follow up your objections in writing. In the event that you have already been interviewed and you have not raised any objections so far, it is not too late to do so. Attached to this Newsbrief (see Annex A) is a template letter for you to complete and submit to management. You should retain a copy of the completed version for your own records.

Advice for managers

In the event that you are a manager and you are asked by the employer to interview staff with a view to facilitating their being sent on compulsory detached duty, you should ask the questions you have been instructed to ask and no more.

If a member of staff says that there are legitimate reasons why they cannot go on detached duty, you should accept this at face value and not pry any further. In doing this, you will be fulfilling your duties as a manager and your duty of care to your staff.

PCS will fully support any manager who is a PCS member who finds themselves being put under undue pressure from above to act in an over intrusive manner when interviewing their staff.

The employer has issued a “Managers Briefing Pack” on this issue. This states that “Managers should implement the mobility clause reasonably as failure to do so may result in a legal challenge.” and “Managers may need to take action that does not follow established guidance.”

This is a clear indication that the employer is not confident of its position on this issue and is playing fast and loose with the rules. We do not believe that managers should be exposed in this manner.

We urge managers to do all you can to protect yourselves by following the advice in this Newsbrief. You should join PCS if you are not already a member, and seek advice from your rep if you are.

Finally, if you are approached, please do not agree to any enforced mobility, but say you will contact your pcs representative immediately.

ISU members left unprotected

As reported in HO/MB06/10, the leadership of the ISU have issued a circular dated 21 January 2010. This disgracefully gives the employer their tacit approval to send their members on compulsory detached duty.

It also, disgracefully for a so-called Trade Union, effectively states that their members should cross picket lines.

They have completely capitulated on this issue and left their members horribly exposed, effectively abandoned them to the whim of the employer that is prepared to force them to travel hundreds of miles at great inconvenience against their will.

PCS is happy to provide a home for workers in the Home Office where they will be protected by a Trade Union that will fight to defend their interests. We urge all non-Union members and ISU members to join PCS.

Join PCS today!