Members have raised questions with the Branch on specific points. We have raised these with PCS DWP Group and have received answers, the details are published below:

Question 1:

I work X hours over 4 days Monday to Thursday and do not take a lunch break. Will we be forced to take a lunch break on the new contract?

Answer 1:

There is no change to existing policy so Part-Time staff will not be expected/forced to take a lunch break. The new Working Pattern Guidance will make this clear.

Question 2:

In the matter of the Employee Deal Q&A, that the employer effectively states that any amended work patterns will be subject to business need and not on the basis of EWHA entitlement  – and, by implication, that this may have an impact upon an individual’s entitlement to EWHA subject to amended working patterns.

My interpretation of this being that, for those of us contracted presently to work every Saturday, future business needs (given they will likely result in a surfeit of available Saturday workers under the employee deal arrangements whereby everyone will now be expected to work ‘one in four Saturdays’) may cause us to not be required to work every Saturday, but only one in four as per the employee deal arrangements (and, as such, lose EWHA accordingly).

Now, given under employment law it is illegal to replace one (better paid) employee with another (lower paid) employee doing the same job, what are the thoughts of the Union if a situation arises whereupon, following the application of the Employee Deal, the DWP has a pool of Saturday workers willing to work every Saturday (and they are presently contracted to do, such as myself and a fair few of our colleagues at Peel Park CMG) but the employer now has a surplus pool of workers who are now contracted to work ‘one Saturday in four’ (who are NOT entitled to EWHA).  If the employer seeks to ‘replace’ us ‘every Saturday EWHA entitled workers’ with ‘one in four non-EWHA entitled workers’ will this satisfy the criteria for ‘replacing a better paid worker with a lower paid worker doing the same job’?

Answer 2:

CMG staff who currently work evenings and Saturday’s, will still be expected to work evenings and Saturday’s and if they volunteer to work the current number of evenings/Saturday’s it is anticipated they will continue to do so. While there will be a bigger pool of people to draw from there will be many staff who cannot work certain days/hours, who will be covered by the safeguards, and there will be staff who want to work no more than 1 in 4 or 1 in 5, if any. It should be remembered that 1 in 5 and 1 in 4 are maximums that can be expected not minimums.

If it became apparent that staff where being chosen to work lates or Saturday’s to save cost, ie. to reduce EWHA payments, then we would ask branches to raise this to group office immediately and we would challenge this at national level.

To operate differently would be to impose the new contracts on staff which is not the primary intention of the employer. This should only be as a last resort if they cannot cover the operating hours.

Question 3:

Is it possible to have a scenario where overtime is available on the Saturday and hence some people will be getting an overtime premium and other just a plain time rate (if they are down to work that Saturday on the one in four Saturdays)?

Answer 3:

This is not only possible but highly likely. Staff who work the Saturday as part of their normal working week could also, potentially, be working overtime on a Monday-Friday, earning premium rates, when other colleagues are on a “normal” working day.

This has been the scenario in CMG and Debt Centre’s for quite some time.