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:

The employer often refers to “Each team will therefore be responsible for ensuring enough people are present to run the business throughout the day, with final decisions as necessary resting with line managers”.

On that basis members in Ops would never leave the office as there are never enough staff to run the business throughout the day.

Is the employer correct?

Answer:

 he cover tool is the mechanism that each team is using to ensure there are enough people throughout the day, which is why a certain % of staff are committed to stay until 6.30pm  

Plus the Flexible Working Hours Agreement (FWHA) provision for ‘assumed consent’ has to be applied reasonably in the context of the terms of the FWHA which support the use of ‘assumed consent’. 5. The successful operation of the FWH scheme depends on the full cooperation and a responsible approach by everyone concerned. The four key provisions which put the agreed use of ‘assumed consent’ in context under the Agreement are FWHA Procedures 2(b) & 2(i) and Advice Q9 & Q21:

Fixing either a start or end of day

2(b) Within their team arrangements, each employee will commit to fix either the start or end of each day, as set out in the ‘How to: Manage Working Patterns’ guide. Managers must not fix both the start and end of the same day or more than one in five consecutive working days beyond 17:00, unless the employee chooses to do so.

Assumed consent

2 (i) 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 flexi arrangements above should also ensure that consent to vary times of attendance at the opposite, non-fixed end of the day will be assumed, with line managers only overriding this assumption exceptionally

Q9 Is line manager consent required to flex on or off early / late?

From the 6th February 2017 – Employees fixing either their start or end times will provide adequate resources across the team to meet customer demand. Therefore, employees should enjoy reasonable self-management of their time at the non-fixed end of their day. This is why the FWH Procedures refer to consent being assumed, with line managers only overriding this exceptionally. However, the normal courtesy and good team / customer service practice applies so that colleagues are aware when leaving early using assumed consent.

Q21 What is meant by ‘assumed consent’ in relation to the start or end of the day which employees do not fix, as referred to in the FWH Procedures paragraph 2 i)?

From the 6th February 2017 – Employees are required to fix either their time of arrival or departure each day, but not both. The assumed consent relates to the opposite non-fixed end of the day. Our objective is to provide everyone with reasonable personal freedom to decide their non-fixed arrival or departure times.

 Such personal freedom is possible because the arrangements for deciding regular working patterns to provide adequate staffing cover at team level, including the fixing arrangement, will fully meet business demand across the day. Therefore, rather than seek permission, employees can assume they have line management consent and standing permission to decide their arrival / departure time. A manager may override this assumption only exceptionally.

The agreed purpose under FWHA Advice Q9 is: employees should enjoy reasonable self-management of their time at the non-fixed end of their day.

The agreed objective, as stated under FWHA Advice Q21, is: to provide everyone with reasonable personal freedom to decide their non-fixed arrival or departure times

 Employees have no absolute right to simply leave early or arrive later using ‘assumed consent’ and managers have no absolute right to simply block an employee from using ‘assumed consent’ to leave early or arrive later.

The employer may often refer to Collective Agreement 14, “Each team will therefore be responsible for ensuring enough people are present to run the business throughout the day, with final decisions as necessary resting with line managers”  and this is delivered under  FWHA Procedure mandatory principle 2(b).

Collective Agreement 15 (g) also agreed that: “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” and this is delivered under  FWH Procedure mandatory principle 2(i) supported by Advice Q9 & Q21.

The Flexible Working Hours Agreement (FWHA) provision for ‘assumed consent’ has to be applied reasonably in the context of the terms of both the Collective Agreement and the FWHA without unreasonably quoting one of the paragraphs out of context.