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:

There was an earlier question about working beyond 6:30 Pm, the questions at that time, were:

A quote from the DWP FWH agreement:

2 (c) From the 6th February 2017 – Employees may attend during the flexible working period providing there is work that is required to be done and the timing is the most productive for that work. Other than in ad hoc cases agreed with the manager, flexi time can be accrued from 08:00 (or from 07:30 for those with a 08:00 fixed start). An exception to the above is colleagues who have opted out of the 2016 Employee Deal contractual changes and have a legacy contract which explicitly states a commencement time before 7:30. An employee may also choose to continue to attend after their fixed finish time providing there is work that is required to be done and the timing is the most productive for that work.

4. Operating Hours – For each Directorate, these are the hours during which the team must be adequately staffed to provide a first class service. The number of employees required to provide cover across the operational day will be stipulated in the team’s baseline staffing plan. Employees who want to attend and accrue flexi outside of the Operating Hours may do so only if they have prior line manager consent, there is work to be done, the timing is the most productive for that work and it doesn’t prevent the team’s ability to provide cover across the full operating day.

Question: does the 7:30 am to 8 Pm referred to in Questions 5 and Question 6 of FWH Advice override the strictures of 2c and 4 (parts in red).

Answer

The first point of clarification is that ‘Advice’ provides additional guidance: it does not override a Policy or Procedure.

The second point of clarification is that Procedure 4 has been amended to ensure there is no conflict with the Collective Agreement and the Mandatory Principles of the Flexible Working Hours Agreement. The sentence, in red font, under Paragraph 4 now includes the wording I have underlined and states: ‘Employees who want to attend and accrue flexi outside of the Operating Hours may do so only under a specific provision of this Agreement or if they have prior line manager consent, there is work to be done, the timing is the most productive for that work’

The third point of clarification is that whilst, under Collective Agreement 24(c), moving to working to 20:00 will not be introduced across all parts of DWP at the same time, no one should be told they may only continue working as allowed under FWHA Procedure 2 (c) only until 18:30 when the building is open to 19:00 and past practice has allowed working under flexi-time until 19:00.

Is there a good reason for this restriction?

Where this is an unreasonable restriction on the employee’s working pattern plan a grievance should be raised which may be submitted to the Independent Panel if not resolved at or before the Appeal stage.