COVID-19 SDA & rosters

COVID-19: Shift Disturbance Allowance (SDA)

Detailing the potential impact of the Covid-19 related changes to the rostering of staff in receipt of Shift Disturbance Allowance

Background

In MB 021/20 PCS detailed (amongst other things) announcements made by the Department on the rostering of staff in receipt of the Shift Disturbance Allowance (SDA). The announcement on 16 April 2020 was followed by further joint communications from Border Force (BF) and Immigration Enforcement (IE) on 23 April 2020.

Departmental Proposals

It has been a long-standing Departmental Policy since 1 April 2014 to disincentivise SDA through multiple routes, primarily by (wherever possible) rostering staff on AHW terms and conditions premium days (weekends and public holiday/privilege days) in preference to those in receipt of SDA/AAA. The logic being that the Department has already paid for their premium days. The communications of 16 and 23 April merely restated this policy. Unfortunately the main difference between post and pre-COVID-19 rostering is that the reduction in the need for staff (due to less flights and the inability to detain and remove illegal entrants) means that now the Department sees a way of exerting unprecedented leverage over staff in receipt of SDA.

SDA Weekend Working

SDA is contractual for those in receipt of it. Unfortunately premium payments (weekends and Bank holidays / privilege days) are not, at least not automatically. When the Department first moved to cap weekends in IE over 10 years ago there was a small group of staff that were able to defend their frequency of weekend working. Those staff had received written confirmation from the Department that they could expect to work a specific number of Saturdays and Sundays every month.. Such letters were freely provided by the Department in the past by request, when staff required proof of regular income for the purposes of obtaining loans or mortgages. If any members have Departmental letters to that effect, or of a similar nature, then please approach a PCS rep as soon as possible with that document.

Bank Holidays/ ‘CL days’

It has been customary for staff in receipt of SDA to accrue a Compensatory Leave Day (CL day) in lieu of a Bank Holiday/Privilege Day, whether worked or OFF on that day. Currently in 2020 there are

There are 8 Bank Holidays in England, Scotland and Wales, and another 2 in Northern Ireland. Privilege Days like the Queens’ Birthday are also accrued in the same way. In moves which are unprecedented in areas like Heathrow the Department have now chosen to not allow CL accrual but to force the automatic taking of the Spring Bank Holiday on 25 May as an enforced CL day. So full time (or 0.9 part time) staff who work 5 days per week have that week been rostered Sunday and Saturday as OFF, and Friday 25 May Spring Bank Holiday as a CL day. Meaning that week they are only rostered to work 4 days. Whilst this is unprecedented in places like Heathrow PCS is aware that this has occurred in operational units elsewhere, and for many years. We are told this may also have been the case in some front line PCP roles though we are yet to see evidence beyond first hand accounts. If members have any information to the contrary, or have documents relating to Bank Holidays along the same lines as the weekend working letters referred to above, please contact the author(s) of this briefing.

Honouring Published Rosters for those in receipt of SDA

PCS’ position on this is clear. SDA does not allow short notice changes, and published rosters must be honoured. Custom and Practice in most areas has been for shifts to be rostered anywhere between 3 and 5 weeks in advance. The Department have stated that they believe that they can change published rosters, however they have chosen to honour them nevertheless. Those receiving SDA should therefore expect published rosters to be honoured, and if that is not the case please contact a local PCS rep as soon as possible.

AHW Opt In?

Following the moves by the Department to further disincentivise SDA as detailed above, many have speculated that yet another AHW opt-in window may be planned. When PCS asked, the response was as follows –

1. There is not going to be an incentivised opt in exercise in the foreseeable future.
2. If staff on legacy allowances were to opt in, they would receive a consolidated pay rise aligned with those on AHA terms. It is noted that approx. 30% of legacy terms staff received a consolidated pay rise as they were below the amended range minima, it was also noted that, as staff will have received a non-consolidated payment, the remainder of the award would have to be recovered.
3. The opt-in would need to take place before 30 June 2020 (to take advantage of the 2019/20 Pay award).

Point 1 may or may not be a moot point, as the Home Office said exactly the same prior to all 3 of the previous opt-in windows. Nevertheless members can only make informed decisions based upon known facts.

Impact on Staff

PCS is under no illusion that these proposals, coming at a time when there are more staff than required to cover ‘business as usual’ operational demands, could have a devastating impact on the finances and work/life balance of some staff. Like those in receipt of AAA, SDA Legacy allowance staff have had no consolidated pay rise at all for the last 4 years compared to the rest of the Home Office, and very limited Home Office wide pay rises for several years prior to that.

Flexible Working Agreements

These should not be abandoned by the Department overnight. They are contractual agreements, and depending on their wording could be permanent arrangements, but are subject to review at least annually, or need to be reviewed in line with business need, or when personal circumstances change a review can be requested, Either way an existing flexible working agreement should be formally reviewed, discussed and if necessary renegotiated with all parties concerned. The Department is likely to use the significant reduction in passenger numbers as the grounds for review. Equally for those whose work / life balance is put under strain as a result of the changes, they should consider submitting a new FWA. If in doubt please consider approaching a local PCS rep for advice.

PCS reps are not in a position to give financial advice, however PCS centrally does have access to financial advice through Lighthouse Financial, and the Charity for Civil Servants is accessible to all Civil Servants around financial and many other areas of advice. Again please approach your local PCS reps, and they will tell you what they can and can’t advise on, and what options may be available.

In Conclusion

This is clearly a very worrying time for many staff. No one knows how long the current circumstances will remain in place, or when (and even if) matters will return to ‘normal’, or change forever. PCS has asked above for any documentation that individuals may have that may protect their individual (or even collective) position, and we await further developments. If there are any further changes to the proposed rostering of staff in receipt of SDA we will keep you informed.

Stephen Taylor (Assistant Group Secretary), Patricia Corrigan (Assistant Group Secretary), Peter Wright (Vice President, GEC Equalities Lead)