Tuesday, 3 September 2013

Pickles lands taxpayers with £90,000 bill


We have won our legal fight against Eric Pickles' latest attack on our union.
Taxpayers now face a £90,000 legal bill after a High Court judge ruled the communities secretary acted unlawfully by unilaterally scrapping the 'check off' system for collecting union subscriptions through salaries.
The Department for Communities and Local Government had tried to end the decades-old arrangement even though it only costs the department £300 a year to administer.
The judge ruled today the move was a breach of contract and must be reversed, and ordered DCLG to pay our legal costs as well as its own.
The £90,000 bill would cover the cost of check off for the next 300 years.
Pickles has previously advised local authorities to end check off but was the first cabinet minister to attempt to apply it in the civil service.
In a statement to the media, our general secretary Mark Serwotka described it as a "reckless and political attempt to undermine our union".
He added: "Pickles has very serious questions to answer about why he decided to spend tens of thousands of pounds of taxpayers' money fighting to scrap something that costs less than £30 a month."

Monday, 5 August 2013

MOD spends £500m on "advisers"

The Ministry of Defence has spent more than £500 million on lawyers and consultants while cutting thousands of troops and civil servants.

The amount spent by the MOD on 'External Assistance' - management consultants, lawyers and Information Technology experts - has doubled over the past two years from £19 million to £44.6 million.

We understand that some consultants are being paid as much as £4,000 a day to do work that was previously undertaken by civil servants.

As much as £455 million has been spent on Framework Agreements for Technical Supports (FATS) since 2011 which must please the 331 approved firms providing services to the department.

We believe that successive defence reviews have been based on cutting the defence budget instead of the demands of the UK's foreign policy and defence need. We also believe that the continuing attacks on civil servants and public services are politically driven by the ConDem government.

Cuts that have no strategy other than to remove jobs and capability is leaving the MOD with shortages in manpower, technical skills, capability and flexibility.

It is unsurprising that a recent Freedom of Information request has revealed these figures. What is surprising is that taxpayers money is being wasted by politicians with little vision who, after being told again and again that civil servants are one of the most cost effective ways of supporting defence capability, continue to ignore it because of political dogma.

The MOD remains the loser as defence cuts cost capability. The winners, consultants and contractors who's extortionate costs are being funded by the taxpayer.


Fair Deal in Defence update 15 - Pay and bonus proposals 2013 negotiations continue


As we reported in Fair Deal Update 14, the department has made a formal offer of 1% on all pay spines (including at the maxima) for all staff, except for those on restoring efficiency.
Our union has held a number of negotiating meetings with the department to improve this offer and address the issues detailed in our pay claim for 2013.
Whilst we have received some assurances on a number of these issues, we are likely to reject the department’s pay offer, as it comes nowhere near meeting the central demands of a 5% (or £1,200) increase, the return of pay progression and a fair bonus distribution.
However we have now been advised that changes to the departmental pay system mean that any changes to salaries that are not agreed for payment by August 2013 may be delayed until February 2014.
Whilst we question the wisdom of programming changes during pay negotiations, we are also aware that members have suffered further cuts to take home pay this year, through the latest round of pension contribution increases and the continuing impact of inflation. We therefore believe it would be unacceptable for staff to be denied any salary uplift until 2014 and the non-industrial unions have therefore agreed to not object to the department paying the proposed 1% salary uplift, on a without prejudice basis, while negotiations continue.

Bonus proposals – there may be trouble ahead


The department has proposed that bonuses would be paid to a maximum of 25% of staff - identified as those receiving a box 5 performance marking.
We have made clear to the department that their own equal pay audit of the bonus scheme in 2012 showed statistically significant discrimination in the award of bonuses, with fewer staff with almost any protected characteristics receiving enhanced awards than their comparator colleagues, as well as a distinct bias towards higher grades.
As the system is broadly unchanged for 2013, we predict similar discriminatory outcomes. Indeed initial figures indicate significant differences in the ratio of box 5 awards between grades, with B1s between five and three times more likely to receive a box 5 than E2s.
We are awaiting more detailed figures and analysis, before deciding how to address this issue. In the meantime, members who are dissatisfied with the outcome of their performance report should consult their local PCS representative for advice.


Attacks on terms and conditions resume

We have now had an initial meeting with the department to address their proposed cuts to terms and conditions (annual leave, occupational sick pay, London hours of work, mobility and probation - detailed in Fair Deal update 14) for new starters and promotees.
Our union has made clear that we will oppose these cuts, which will damage morale still further and also lead to major recruitment, retention and staff development problems.

Action on performance management

A significant number of members have notified us that they are taking part in our protest against the imposed performance management changes. If you have not yet done so, there is still time. Contact your local PCS rep for actions to take in support of our campaign.
These actions are designed to safeguard our rights to object to the process and protect our interests should we find ourselves in the bottom 5%. It is clear from current performance statistics that a significant number of currently satisfactory performers will be force-marked into the bottom 5% to meet the department’s arbitrary quota.
Further guidance on the performance management system is being produced.

Conclusion

The UK is the only G20 country in which wages fell in 2010, 2011 and 2012. It is not a coincidence that public sector pay in the UK was frozen at this time and we now face a maximum 1% rise in each of the coming three years. We have also seen detriments to our pensions and attack after attack on our terms and conditions. Our living standards have therefore fallen significantly and will fall further if our employer gets their way.
In the Ministry of Defence we have seen over 26,000 civilians leave the department since 2010 resulting in those who are left covering more and more gaps as time passes – all of this for less take home pay at the end of every month. Our jobs are less secure and our prospects have been damaged, as our employer seeks to deliver their cuts agenda.
Our union wants a Fair Deal in Defence for every MoD employee. We want our department to once again be a place where members are proud to work and proud to say they do their bit supporting our military colleagues.
We have tried to engage senior MoD management to address our legitimate and growing concerns, so far without success. However until they sit down to talk with us and agree to work constructively to find solutions, morale will continue to fall and staff anger will increase.
Our campaign of industrial action, through the overtime ban and withdrawal of goodwill, continues and we will be developing our strategy to deliver a Fair Deal in Defence over the summer. If you have any ideas that could help us develop our thinking, please get in touch.

Performance reward or Institutionalised discrimination?


Since the introduction of performance awards (bonus payments) our union has argued that the use of non-consolidated performance awards is divisive, discriminatory and that the money set aside for payment (2.7% of the civilian pay bill) should be re-consolidated into basic pay.
The Ministry of Defence has recently issued its audit of performance management pay covering the financial year 2011 – 2012. Analysis of this report, our union believes, confirms that the Ministry of Defence operates a discriminatory system, as it demonstrates a consistently worsening position since the introduction of the current bonus scheme.
The DASA report highlighted the percentages of enhanced awards received, distributed by TLB, grade, length of service, Government Office Region, and diversity groups (gender, ethnicity, sexual orientation and age) and showed statistically significant differences: 
 

  • By TLB. Of the non-industrial staff who received an award, the percentage who received enhanced awards ranged from 8% for DE&S staff to 29% for Air Command. When tested, there was a statistically significant difference between the percentages of enhanced awards amongst the various TLBs.
  • By Grade Analysis. Of those who received an award, band B1s received the highest proportion of enhanced awards (21%) with E2s receiving the lowest proportion (10%). For staff awarded an enhanced award the differences between the allocation among grades were found to be statistically significant.
  • Gender. Of those who received an award, females received a higher percentage of enhanced awards than their male colleagues. When tested, the differences for were found to be statistically significant.
  • Ethnicity. Of those staff who received an award, proportionally fewer self-declared black and minority ethnic (BME) personnel received enhanced awards than their colleagues. When tested, the differences across all the groups that declared their ethnicity were found to be statistically significant.
  • Disability. Of those who received an award, a lower percentage of staff with a self-declared disability received enhanced awards than their non-disabled colleagues.
  • Sexual Orientation. Of those who received an award, lesbian, gay and bisexual staff received a lower percentage of enhanced awards than staff who declared themselves as heterosexual. When tested, the differences across all those groups who declared their sexual orientation were found to be statistically significant.
  • Age. Of those who received an award, staff aged over 60 had the highest proportion of enhanced awards with staff under 30 having the lowest percentages. When tested, the differences between age groups for enhanced awards were statistically significant.
  • Region. Of those who received an award, staff in Eastern and East Midlands had the highest proportion of enhanced awards (both 24%) with the North West (6%) and the South West (10%) having the lowest. When tested, the differences across all the Government Office regions were found to be statistically significant.
  • Length of Service in the MoD. Of those who received an award, staff with less than 25 years service had higher proportions of enhanced awards than staff with over 25 years service. When tested, the differences between LOS groups for enhanced awards were found to be statistically significant.
The report only tested differences between those receiving a basic award and those receiving an enhanced award. We have no doubt that if the analysis had been extended to include those who did not receive an award at all it would show similar discrimination had occurred.
Our union understands that in recent years very few middle management (and none at B1 or B2) have been subject to restoring efficiency for inefficiency procedures and therefore all have been performing satisfactorily and thus have received at least some award. Under the new imposed performance management arrangements, every grade will have to find a bottom 5%, even if all at that grade are performing satisfactorily or better.
Given that the DASA audits have shown a growing trend of discriminatory award patterns over a number of years, our union believes that this is sufficient evidence to conclude that the MoD is running a discriminatory performance award system that no modern employer would countenance.

Why should this bother me?


The department has imposed their new performance management system, designed to force mark 5% of its staff as ‘requiring improvement’ and under threat of dismissal whilst subjectively rewarding up to the top 25% of the workforce with a bonus, based on a reporting mechanism that has been consistently demonstrated to discriminate against large numbers of its own workforce.

Our union has repeatedly asked how the Ministry of Defence will fulfil its Public Sector equality duty, to promote equal treatment for all staff, when it continues to operate a discriminatory performance pay system and now plans to use that system to force mark staff into a potential dismissal situation.
A modern, progressive employer would try to find a solution to ensure that fair pay, reward and recognition underpins business delivery. Our union stands ready to assist in finding such a solution.
To date however, the Ministry of Defence has ignored our requests to alter this discriminatory system and continues to reiterate that it will only “monitor the situation”.
Our union has therefore written to the Permanent Secretary, Jon Thompson, to ask him to intervene in this issue and recognise the importance of delivering equality and fairness for all his staff.
If this situation is not addressed, then it is clear in our view that:
  • There will be little consistency between TLB’s and, where there is a heavily military line management, greater discrimination against protected groups will occur.
  • Higher pay bands such as band B and C will receive the highest proportion of awards with pay band E receiving the lowest proportion.
  • Proportionally fewer self-declared black and minority ethnic (BME) personnel will receive an award compared to their colleagues.
  • A lower percentage of staff with a self-declared disability will receive an award compared to their non-disabled colleagues.
  • Fewer lesbian, gay and bisexual staff will receive an award than staff who declared themselves as heterosexual and the likelihood of an award will be even less where the line management is military.
  • There will be an age bias in the distribution of awards with younger members of staff receiving fewer bonuses than older members of staff.
  • The distribution of awards will show a statistically significant geographical bias, with a clear north - south divide.
  • Staff with more than 25 years service will receive fewer awards.
Our union will not stand idly by while the MoD continues to discriminate against civilian members of staff based on race, gender, age, sexual orientation or grade. Support our campaign against the imposition of the performance management system and support our union as it fights to oppose discrimination.
It is now time for change; it is now time to give all MoD staff a Fair Deal in Defence.

Tuesday, 9 July 2013

Keeping in touch - Update you contact details


The government is trying to stop us communicating with our members.

How?

  • By blocking PCS emails to your work email address.
  • By limiting your work time access to this website.

What does this mean for PCS members like me?

It means we can’t keep you posted on vital union business - like our latest campaigning work on pay, pensions and terms and conditions. 

Get the message - update your contact details now 


Friday, 5 July 2013

Fair Deal in Defence - comprehensive spending review piles on more misery for MoD civilians


The review announced that there would be further cuts to civilian numbers; that allowances would be slashed and that the 1% pay 'freeze' would continue for a further year.
The review announced that there would be further cuts to civilian numbers; that allowances would be slashed and that the 1% pay ‘freeze’ would continue for a further year.
Our union is horrified that the fate of thousands of hardworking and committed MoD civilians was announced on the Andrew Marr show, clearly demonstrating the contempt that our employer now has for us.
The subsequent confirmation by both the Secretary of State and the Permanent under Secretary that these job losses will once again not be matched by a matching reduction in workload makes clear that pressure will continue to increase on those who remain.
This continued gutting of MoD civilians is having a real impact both on morale and the ability to recruit and retain good quality staff who can support the frontline. But the spending review has also made clear a stark difference between the treatment of military and civilian staff.
There is a growing sense of anger that when civilian staff see their jobs, pay and allowances under sustained attack that their military counterparts (who already get paid substantially more, often to do the same job) now seem invulnerable to further cuts.
Staff feel rightly aggrieved that their senior leaders have let them down badly, when it is clear that the Chiefs of Staff have gone into bat for the military and achieved guarantees on pay, allowances and job security that civilian staff are unlikely to see for a long time.

Morale across the department is incredibly fragile, as staff understand that their leaders see them as the problem and that their efforts are not remotely valued by senior management who only wish to see 5% identified as poor performers to eventually be shown the door.
Civilian staff have not had a pay rise of any form for several years, which means that many staff have taken a real terms 15-20% pay cut in this time. The scrapping of any form of progression has left a mismatch in salaries causing real resentment, particularly when our senior leaders have re-introduced higher starting pay for new entrants.
Higher starting pay, which is inherently discriminatory, will see new starters in areas such as DE&S paid significantly above existing staff. They will be expected to train, develop and support that individual who will be paid more than their experienced colleagues, who in turn have no chance of progressing up to those equivalent salary levels for many years – if at all.
These further attacks may be the trigger for further skilled and experienced staff to just walk away, leaving massive recruitment problems and loss of corporate knowledge.

Pay and bonus proposals 2013

The department has made a formal offer of 1% on all pay spines (including at the maxima) for all staff, except for those on restoring efficiency. The protected pay allowance for E1 and E2 staff would continue for a further year.
The department has confirmed that bonuses would be paid only to a maximum of 25% of staff, identified as those receiving a box 5 performance marking after moderation. As last year, only 1.7% of the bonus pot would be distributed to staff.
They have also proposed the re-introduction of higher starting pay, using some of the remaining 1% from the bonus pot to deal with recruitment and retention issues.
Finally there are currently no proposals to re-introduce progression, although senior management have indicated a desire to use the new performance management arrangements to determine possible progression.
Negotiations continue, but it is clear that these proposals are both unacceptable and completely fail to meet the reasonable demands laid out in our pay claim.

Attacks on terms and conditions resume

Senior management have also indicated that they now intend to progress the remaining Cabinet Office proposals to reduce still further our terms and conditions. These were:
• Annual leave - a maximum of 25 days annual leave for the first year of service building up to a maximum of 30 days annual leave;
• Occupational sick pay - OSP to start at one month full pay and one month half pay in the first year of service, rising with each year of service to five month full pay and five months half pay after five years service;
• Hours of work - an increase to 37 hours for staff in London currently on 36 hours;
• Mobility – full mobility for all grades between departments as well as location;
• Probation - departments should consider what restrictions are placed on entitlements during the probation period (e.g. access to flexi-time).
MoD management have already introduced detrimental changes to privilege days and access to flexible working for new starters and promotees and senior management and Ministers now think to the time is right to go further.
Our union will oppose these cuts, which will damage morale still further and also lead to major recruitment, retention and staff development problems.

Action on performance management

A number of members have asked for clarification about the sentence in the letter (Annex 1: Letter formally objecting to the new system), that states, "I will not be agreeing any performance objectives and I will not agree a Performance Report."
There is nowhere on the new Performance Appraisal Report (PAR) 2013/14 to members to sign, either to agree objectives, or to agree the PAR. Members therefore need to indicate their disagreement with their objectives and their report in a different way, so that they are able later in the process to progress a grievance should the outcome be unsatisfactory.
Members who are worried that this may expose them to some risk should talk to their branch representative, who can take further guidance if needed from their regional liaison officer.

Attacks on facility time start to impact on activists and members

This week massive cuts on facility time and detrimental changes to the department’s employee relations process have been imposed.
Although our union attempted to mitigate the worst effects of the proposals, a shambolic negotiations process has led to incoherent and un-agreed proposals being released onto the People Portal while reps have been ejected from trade union offices, dumped into the redeployment pool and sent home on gardening leave.
Our union will attempt to maintain support to members, branches and activists through this process but this will be assisted by more members being willing to play a more active role in their union.
Guidance on how we will operate in this changed environment is being developed.

Continuing to take action to deliver a Fair Deal in Defence

On behalf of the group, I would like to thank all those members, activists and some non-members who took part in the day of protest last week.
Industrial action, in the form of an overtime ban and withdrawal of good will, continues in the group to force senior management back to the negotiating table to address our legitimate and growing concerns.
Senior management need to understand that the issues we are raising are not going to go away and neither are we. Until they sit down to talk to us and agree to work constructively to find solutions, morale will continue to fall and staff anger will increase.
We are talking to members and activists to identify further possibilities to take action that will have maximum impact on the department with minimum effect on members. If you have any ideas that could help us develop our thinking, please get in touch.

The new performance management arrangements and the MGS - Treating guards as second-class citizens


Members will be aware that our union is already completely opposed to the new performance management arrangements that have been introduced in the MoD that is likely to result in 1 in 20 members of staff facing the sack in the next year. However, guard service members now face a double whammy with MGS management deliberately not following the MoD rules on how these new arrangements are implemented because of a serious shortage of C grades within the MGS.

MoD rules
 

The department have said, “Where there are large numbers of relatively junior grades (e.g. Band D and below) the grade level of an Reporting Officer (RO) can be reduced to keep the number of job holders to be assessed manageable. However, it must be kept as high as possible and not be below C2.”

MGS ‘rules’
 

The MGS is chronically understaffed at all levels and especially in the middle management grades of C1 and C2. Our union has been highlighting this to management and the lack of management governance for several years.
Our union has now found out that MGS management have applied to their new parent TLB (DIO) for special dispensation regarding the new performance management system. MGS senior management have made a case that, as there is a serious shortage of C grades within the MGS ranks, there should be “special” consideration given to allowing Band D managers to act as first RO’s for MGS E grades. As you can see, this totally contradicts departmental guidance on the new performance management arrangements.
DIO have now granted this special dispensation and are planning to implement this even though it is against departmental rules and to rub salt in the wounds, all of this - from the request for dispensation to the granting of it - has been conducted without the slightest attempt at consultation with our union. Aside from an extreme lack of courtesy on the part of both MGS and DIO senior management, our union believes that this exposes an astonishing disregard for our MGS members.

What this means
 

If you are a CSO4 or CSO5 working in the MGS, you will be treated differently from all other E1 and E2 grades in the department. Even within DIO, the MGS parent TLB, we will see a two tier workforce with CS04’s and CS05’s being reported on by a band D whilst E1’s and E2’s will be “afforded the luxury” of having a C2 grade as their RO.
 
The MoD guard service has only been in DIO a few months and this is the first clear sign that the department wish to forge a “two-tier workforce” mentality.

What you can do
 

Members will be aware that our union has already raised objections to the new performance management system and as we are opposing its imposition, we are now in formal dispute with our employer regarding this. The briefing,DSg/MB/45/13 issued on 25 June 13, titled, ‘Action on Performance Management begins - Guidance for Members and Branches’ gives clear guidance on how to protest against these draconian arrangements.
Our union is encouraging all members to complete the template letter attached to this briefing and issue it to their line manager. With MGS now trying to implement a further detriment, we would especially encourage PCS guard service members to complete this letter and pass to their line manager as quickly as possible.
We are now entering the busy summer period when many members will look to take leave. Nationally, our union is running a fresh period of the overtime ban from 1 July to Aug 31. We would ask all members and in particular MGS members, who remember work in a very understaffed business are, to fully observe the overtime ban to put further pressure on a department already creaking at the seams.

Conclusion
 

PCS guard service members are the backbone of our department, but in the next year, they like every other MoD civil servant will face the prospect of 1 in 20 of them being sacked. Guard service jobs throughout the country are almost identical and this means the new performance management arrangements will be especially unfair and divisive to a group of workers whose jobs give little or no opportunity to ‘go the extra mile’.
We hope that all PCS members in the MoD follow the new guidance and MGS members, in particular should consider how shoddily they have been already been treated even before this “system” has actually started.
PCS members in the guard service and elsewhere in the Ministry of Defence are not to blame for the fact that more than 25,000 civilian staff have left our department since the SDSR in the autumn of 2010, thus creating at least 25% vacant posts across the department.
If MGS senior management do not have the correct grades to undertake the new performance management system, then they should put up business cases to MoD ministers to ensure they do have the correct staffing levels. The answer is not, as is happening here, to once again make the ordinary workers in the department suffer.