Public and Commercial Services Union

Introduction

As you will be aware the MoD recently imposed the second year of a three-year pay settlement (2008-2011). Part of this includes cutting the current pay band maxima for E1 and E2 staff. The Reserve Forces and Cadets' Association (RFCA) also implement MoD pay settlements and pay scales.

PCS protested about this unjustified attack on the pay and pensions of the lowest paid members of staff in the MoD and RFCA. Although meetings have been held to try and resolve this, to date the MoD have not indicated that they are prepared to try and resolve this issue.

Although this issue only affects E1 and E2 members, this circular has gone to all PCS members in the RFCA. This is because the PCS membership system does not differentiate by grade and the only way we could be sure of reaching all E1 and E2 members was to send this to all PCS members in the RFCA.

Legal advice

Given the intransigence shown by the MoD, PCS took legal advice as to whether the MoD were able to cut current E1 and E2 maxima without the consent of either staff of their trade union.

Following legal advice from the unions solicitors PCS now intends to test the legality of the MoD’s actions, and by extension the RFCA.

What we want E1 and E2 PCS members to do

The union’s solicitors have drafted a letter, which we are asking all E1 and E2 PCS members in the MoD and RFCA to send to their employer. Our solicitors have told us that in order to protect the legal position of members it is essential that all E1 and E2 members in the RFCA send this letter. To potentially protect your legal position you are urged to send this letter to the RFCA.

Below is a copy of the letter. This should be sent by e-mail to Air Vice Marshall Luker, the RFCA chief executive at CO-CE@co.rfca.mod.uk

You should also send a copy of this letter to PCS HQ to pamwai@pcs.org.uk

What happens next

PCS is still hopeful this matter can be resolved through dialogue with the MoD. However if that does not prove possible then PCS may have to go down the legal route. If this happens then it is likely that E1 and E2 members will be asked to take further action. You will be advised as and when this is necessary.

I would also like to point out that PCS’s dispute is with the MoD rather than the RFCA. However in order to protect the legal position of RFCA members at E1 and E2 who are also affected by the cut to the maxima, PCS is advising members in the RFCA in these grades to send this letter to protect their legal position.

PCS will also be informing the RFCA about what action we are asking E1 and E2 members to take and why.

If you have any queries then please contact the PCS RFCA branch chair Bernie Pagent at csoadmin@clwyd-gwyneddacf.org

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Pay – legal protest letter

[date]

Air Vice Marshall Paul Luker CB.OBE.AFC.
Chief Executive
RFCA
Holderness House
51-61 Clifton Street
London,
EC2A 4EY

Dear Air Vice Marshall Luker,

Re: Reduction in Pay Band Maxima - Bands E1 and E2

I understand that the MOD is reducing the pay band maxima for E1 and E2 staff from May 2009. As you will be aware the RFCA adopt the pay scales used by the MoD

I consider that I have a contractual right to progress to the current pay band maxima for my grade. I consider that unilaterally reducing the pay band maxima amounts to an attempt to unilaterally vary my contract of employment, which I do not accept.

Whilst I shall continue to work for the (insert name of local association) RFCA, my continued working should in no way be seen as an acceptance of this purported unilateral variation to my terms and conditions of employment.

Further, my continued working for the (insert name of local association) RFCA is without prejudice to my legal rights, should this matter not be resolved through negotiation with PCS and / or any test case litigation.

Yours sincerely

[ name]
[address]
[staff number]
[PCS membership number if known]

Copy to PCS HQ at pamwai@pcs.org.uk