This document details the collective agreement between DWP and the Public and Commercial Services (PCS) / Prospect / FDA trade unions about the ‘Employee Deal: Pay Offer 2016 (AA-HEO)’.
PCS Briefing DWP/BB/071/18 was issued on 20 June 2018 to provide guidance for Referrals to Independent Panels together with a copy of the Independent Panel Referral Form for the use of PCS Representatives. Both DWP and PCS are concerned that there may be working pattern disputes outstanding at 10 September 2018 for Rotation 4 working pattern plans where the assigned working pattern would result in material detriment for the employee
The issue of members who have changed their hours of work on or after 6 January 2014, and have opted-out of the Employee Deal, was debated at the 2017 PCS DWP Group Conference. DWP introduced a ‘notice of change’ clause, for all working patterns agreed on or after 6 January 2014, to give 3 months’ notice to vary the times of attendance, hours per day, days per week or weeks/months per year of attendance within the employee’s total hours.
Independent Panel Referral Form for disagreements not resolved by Appeal Manager
Fraud and Error Service meeting 16 January 2017
At the meeting PCS and the employer discussed the concerns which members had raised regarding the Productivity Tool and the performance expectations on members, particularly the number of expected clearances.
There is a complete disparity between the feedback we are receiving from members and the employer’s view of how the tool is operating. As a result PCS has reached agreement with FES to hold meetings across FEPS to explain how the Productivity Tool should work and to ensure that both the tool is being used in the correct way, taking into account all of the other activities which reduces the time available for the purpose of the MELs (Minimum Expectation Levels), and that the expectations on members are achievable.
These sessions will be at each of the FEPs sites, with both Local and National TUS invited to attend, so that there is a shared understanding of all of the issues, including how the tool should work and expectation levels.
PCS will have further discussions on the issue with FEPS senior management following the briefings and report back to members following these discussions.
Independent panels for working pattern plans
The Employee Deal Collective Agreement includes, under Paragraph 30, agreement that:
Where disagreements arise regarding changes to working patterns, including part-year contracts, if they cannot be resolved through the normal grievance process and TU believe the decision is perverse; DWP will appoint an independent panel including a trade union representative to consider such exceptional cases. This arrangement will apply for 12 months from the date it is established, reviewable after 6 months and 11 months and extendable by agreement.
PCS and DWP are working together to implement this provision of the Collective Agreement. Branches will be aware that all collective bargaining covers all employees whether or not they are trade union members. There are no separate pay and terms and conditions of employment for trade union or non-trade union members and any such arrangements would be unlawful. It is on this basis that access to the Independent Panel will be available to trade union members and colleagues not in a trade union and members of trade unions not recognised by DWP.