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 have had a few questions on assumed consent:

Assumed Consent

Paragraph 15 g) covers assumed consent to leave the office as follows: “Where employees guarantee their attendance at certain times by fixing either their start or finish time, that will generate adequate resources to meet customer demand at those times. The flex arrangements above should also ensure that consent to work flexibly at the opposite, non-fixed end of the day will be assumed, with line managers overriding this assumption exceptionally.”

Is there a minimum amount of time that you have to work before you can assume consent and leave?

Answer

Thank you for your question.

Assumed consent is implemented in the Flexible Working Hours Agreement (FWHA) under FWHA Procedure 2(i). The standard requirement for Line Manager consent to leave is also implemented under FWHA Procedure 9 which specifies that consent is required for half and full day Flexi Leave. In practice this supports the use of ‘assumed consent’ after completing a half day at work. FWHA Advice Q8 and Q9 provides additional guidance. The intention, as stated under FWHA Advice Q9, is that employees should enjoy reasonable self-management of their time at the non-fixed end of the day. In most cases this flexibility, when used, is likely to be most common during the last 60 to 90 minutes of the work plan day.

Both DWP and PCS expect that individuals will use ‘assumed consent’ with adherence to the overall objective of the FWHA, as stated under FWHA Policy, paragraph 1, which is to provide individuals with ‘reasonable personal freedom’ and ‘reasonable control over their working hours’ in the context of ‘effective delivery of business objectives.’