Public and Commercial Services Union

Preface

The national agreement on job security is a significant step in protecting members' jobs, and in dealing with privatisation and outsourcing, but the dispute continues over our outstanding demands, particularly in relation to pay.

We all still need to continue our principled opposition to office closures, contracting-out, and other unacceptable features of the governments continuing so-called efficiency programme!

But for the first time, we now have a protocol which is binding not only on government departments and agencies, but also on virtually all NDPBs where PCS has members, even where PCS is not formally recognised.

If you are unsure whether your organisation is covered by the protocol, please contact the PCS Protect Public Services Unit (PPSU) on 0207 801 2771.

It is important that each branch in the Public Sector group ensures that their management complies with this protocol, because some NDPBs are questioning whether they are covered. This Negotiators’ Guide is to assist you in ‘policing’ the protocol. You can also get support and advice from the PPSU (as above), your full-time officer or a PSg Executive Committee member (see contact list).

Introduction

We now have a formal agreement with the Cabinet Office which sets out in detail the steps that the employer will have to take when there is a risk of redundancy. Unions will have a clear right to be informed and consulted throughout the process.

The agreement is not an absolute guarantee of job security. But it will provide strong protection from compulsory redundancy.

PCS remains opposed to any compulsory redundancies and the National Executive Committee has restated its intention to reconvene and decide on further industrial action should any compulsory redundancy notices be issued.

This new protocol is the first formal agreement with the unions which binds Departments/agencies/related bodies and NDPBs to steps they will have to take with the aim of avoiding compulsory redundancy.

Any member who is declared surplus but wishes to continue to work in the civil service or related areas should be made at least one offer of alternative employment.

The protocol is explicit on the requirement for surplus staff being given priority and exclusive consideration for vacancies elsewhere in the civil service.

There is also now a direct requirement for equality impact assessments to be carried out before issuing notices.

In the event of that redundancies seem likely, there must be: 

• a minimum 90 day period of meaningful consultation with the unions aimed at avoiding compulsory redundancy
• a formal meeting with the Cabinet Office and the unions if compulsory redundancy seems unavoidable
• a subsequent minimum six-week period of reflection to see whether there are further avenues for avoiding the issue of a notice
• a minimum of two weeks notice to unions and the and Cabinet Office before issuing any notice

PCS, both within departments and NDPBs and nationally, now has a clear role throughout the process.

There is a clear understanding with Cabinet Office that the protocol applies to the civil service and to NDPBs in receipt of the Cabinet Office HR bulletin and where PCS has a membership.
Some managers may be reluctant to recognise the protocol or may even indicate that they have not received the HR Bulletin.

In these circumstances, please communicate this to a your PSg executive committee liaison officer, your full-time officer, and the PPSU. The guidance is available at the official Cabinet Office website.

The protocol - breakdown by paragraph

Introduction Page 1- For the purposes of this protocol CCSU is PCS, PROSPECT, FDA and ,in theory, POA.

"Relevant" is understood by Cabinet Office and CCSU to mean not only those NDPBs in the PCS national dispute, but also those where PCS, PROSPECT and/or FDA operate (whether or not they are "recognised" trade unions).

This protocol has been agreed, unlike its predecessor. This is hugely significant, both symbolically and for practical negotiation purposes.
All cases where notices have not been issued by 1 April 2008 should be reviewed in light of this agreed protocol.

The guidance then refers to two other documents:

"Good Practice for Managing the People Consequences of Outsourcing and Privatisation, which guidance applies where redundancies are anticipated post privatisation.

"Cabinet Office Statement of Practice on Staff Transfers in the Public Sector", otherwise known as COSOP

1. Handling Surplus Staff Page 2 - Role of Departments with surplus people, Bullet Point 1 - The current contacts in Cabinet Office as of April 2008 are John Whittaker and Bill Fitzmaurice. PCS liaison with them is via PPSU.

Bullet Point 3 - The importance of equality impact assessments is central to these revised protocols. If you need further advice on equality impact assessments, please contact a PSg Officer, the PPSU or the PCS Equality Department.

Bullet Point 4 - "Appropriate" means the union(s) recognised for the staff at risk or the union(s) of which they are members. It is a matter for the appropriate unions to decide whether the Department, Agency or NDPB TUS is involved. Staff representatives only have a role where there is no union recognition or membership.

Bullet Point 6 - The need to review post filled by agency staff, consultants etc is much more clearly stated in the revised protocol. Please be aware of the PCS Policy on Agency Workers that has been widely circulated in the guidance booklet and is available as a PDF on the website http://www.pcs.org.uk/templates/internal.asp?nodeid=917384 and contact ppsu@pcs.org.uk for advice.

Bullet Point 7 - "Meaningful Consultation “may well be defined in local agreements but for the purpose of this protocol it is understood to mean the stage when specific individuals
at risk can begin to be identified.

Bullet Point 8 - These are Cabinet Office appointments located in all the English regions, Scotland and Wales. Separate co-ordination arrangements apply to Northern Ireland. Further details of CS Vacs are set out in the section on recruiting Depts.

Role of Departments with surplus people, Page 3, Bullet Point 12 (4th Bullet Point on Page) - Strictly speaking it is the rules of the Civil Service Compensation Scheme which apply. At the time of writing there are no arrangements in place for voluntary schemes for staff over 60, but in the event of redundancy they may have an entitlement to extended periods of notice.

On redundancy staff over 60 do have a right to payments equivalent to the Statutory Redundancy Scheme in addition to immediate payment of their pension. "Appropriate Costs" - The criteria and outcome need to capable of standing up to equality proofing scrutiny.

Bullet Point 13 - This section does not imply that postings can be made solely because they are within existing mobility criteria. Rather all factors must be taken into account, including a subjective test of reasonableness based upon the individual’s circumstances. However the inclusion of the concept of posting is a significant improvement over the previous protocol and is a practical step which has demonstrably worked in avoiding redundancy.

Bullet Point 14 - Including relevant NDPBs; and NDPB to Civil Service. In the unlikely event of the CS nationality rules proving to be an impediment contact the PPSU.

Bullet Point 15 - Again the scope for redeployment beyond contractual obligation and the strong presumption that all staff at risk receive at least one offer of alternative employment is significant change from the previous protocol. However, the Cabinet Office Legal Advice is clear that staff cannot, except in the context of machinery of Government changes, be required to accept a post in another Department or NDPB. The position on agencies is less clear.

Redeployment to NDPBs is potentially problematic. In all cases of redeployment to another post outside of the contractual obligation members should check carefully all relevant terms and conditions. Potential problems can usually be resolved (see later in the protocol) and should not be seen as a disincentive to consider redeployment options.

"What is seen by management, Cabinet Office and the trade unions" - For the avoidance of any doubt this means all three parties being in agreement.

"Acquiesced" means the acceptance of compulsory redundancy including contractual notice or CILON (Compensation in lieu of notice).

Role of departments with surplus people, Page 4, Bullet Point 16 (1st bullet point on page) Experience has shown that such discussions must be on an individual basis; are often best conducted by an HR professional; and often benefit from the trade union being present.

Bullet Point 17 - Indeed the process for avoiding redundancies ought to be set out in an up to date agreement in the Dept, Agency or NDPB compatible with this protocol and endorsed by the PCS NEC via PPSU.

Bullet Point 18 - "The National TU Side" - For all practical purposes this is the current CCSU Secretary Charles Cochrane. The CCSU will lead for the trade unions at any period of reflection meeting.

Bullet Point 21 - This does not necessarily mean that PCS or the other unions accept the situation, see later under Period of Reflection.

Bullet Point 22 - The concept of staff wanting to continue their careers, and by implication demonstrating this, is key to the operation of this protocol. It is not about preventing people leaving, including those who are only prepared to go on compulsory redundancy with contractual notice etc.

Role of recruiting departments, Bullet Point 1 - This is intended to reflect the concept of forward planning to identify not just current vacancies but also those which may arise in the foreseeable future.
Bullet Point 2 - For CSVACS to be effective it must be monitored daily by both the employer with surplus staff and where possible the staff themselves.

It is anticipated that the employer will encourage surplus staff to apply for suitable vacancies. It should be noted that applications are required within the 10 day exclusivity period, but the unions want to see the requirement for applications taking account of both the level of the post and the status of staff as surplus. Surplus has not been tightly defined in terms of access to CSVACS but it is intended to mean those staff identifiable as at risk of redundancy.

Examples of any breakdown in this system or posts not being advertised on CSVACS should be notified to PPSU immediately.

Bullet Point 3 - Despite the above there is no reason why surplus staff cannot be offered posts on redeployment without application and/or interview. Indeed PCS would encourage this subject to the rights of staff being protected.

Role of Trade Unions, page 5, Bullet Points 1 to 3 - None of this section on the role of the trade unions appeared in the earlier protocol. These explicitly lock in Management to consultation and negotiation with PCS.

Bullet Point 4 - This sentence was inserted to reflect the commitment of all CCSU constituents to work within the agreed protocols and to convey this to their members at risk, where appropriate in “real world” 1:1 discussions.

Role of Regional Coordinators, Bullet Point 1 - This is a strong steer towards forward planning.

Role of Cabinet Office, page 6, Bullet Point 3 - PSER is a key permanent secretary group operating corporately across the Civil Service. It is chaired by Sir Leigh Lewis, Permanent Secretary of DWP on behalf of the Head of the Civil Service. This is a further indication of the high level buy-in to the protocol.

Bullet Point 11 - This reinforces the point made above.

The Period of Reflection, All Bullet Points - The period of reflection is an absolutely crucial part of the protocol process.

It takes place only if the employer believes it has done all that is possible to avoid redundancy. At the formal PoR meeting they are held to account by both Cabinet Office and unions on their actions to date. The intention of the meeting is to agree between the three parties further action, as identified in this section, to avoid redundancy for those who want to continue their careers.

The potential jointly acceptable outcomes are set out in the text of the protocol. They are not acceptable without union agreement.

The Period of Reflection, Page 7, NB at end of Bullet Points - The intention of the PoR is to deal with the people consequences of policy decisions, not to debate policy decisions themselves. It is implicit that the PoR is not the forum to revisit these decision, but neither are the unions bound by them. However, the PoR can be an opportunity to argue for the transfer of work to a local office at risk of redundancy etc.

2. Advice on terms and conditions of service, All Bullet Points - the employer has considerable scope to deal with terms and conditions issues arising from the redeployment of staff to avoid redundancy. See Role of Departments with surplus people, Bullet Point 15

3. Career transition (advice and training), All Bullet Points - PCS Reps should ensure that all members are aware what advice and training is available to them and that they have access to all necessary resources.

Page 8, 4. Oversight of ERSP Protocols - This section provides the unions with considerable redress if the protocols are not adhered to, including access to ministers. Nor does the agreed protocol limit the scope to take industrial action on redundancy , although all unions have stated ,through CCSU, that - Having reached agreement we are committed to working within the protocols to achieve outcomes acceptable to management , Cabinet Office and the trade unions. It would not be our intention to seek to call for industrial action on compulsory redundancies whilst these agreed protocol processes were under way"