Open letter responses

PCS has received two responses to our open letter regarding COVID-19

The PCS Home Office Group Executive Committee wrote to the Home Office Permanent Secretaries expressing a number of concerns over return to workplace plans. Two replies have been received which are reproduced below.

16 September 2020

"Dear All,

Return to Workplace plans

Thank you for your letter of 7 September. As you are aware the Prime Minister has set out an aim to get as many Civil Servants back to workplaces as possible, without increasing the number of staff above Covid secure levels, as assessed by each Department. We are reviewing our phased return to the workplace plans in light of this, but we want to firmly reassure you on two points. Firstly, that the health and wellbeing of our people is paramount. Secondly, that, as has been the case all along, the Home Office will continue regular discussions with our valued trade union colleagues as our plans evolve and are progressed.

We appreciate the recognition you provide that the general Home Office approach during the pandemic has been reasonable and responsible and we would urge your union representatives to continue to raise any concerns within the various regular meetings that we have established during this period.

In continuing to implement our return to the workplace plans we will be mindful of the wider context, such as on the rate of infections, and we intend to retain a flexible operating model that works for delivery of priorities and balances staff safety. This will include a consideration of the challenges around access to the workplace and constraints on public transport and the impacts of differences of approach between devolved administrations.

In your letter you raise a number of specific points and our response to these points are as follows:

1. “We seek an immediate meeting with yourself to discuss any change of direction concerning the return to the workplace”

2. “Weekly meetings with senior managers are already taking place and we would want to see these continue. However, we also want a commitment for proper consultation on this matter will also take place with the union/safety reps in each building or any sub division of the department as deemed relevant”

Taking these points together, we are aware that your representatives are having regular engagement with senior managers, including in weekly overarching meetings where our return to the workplace plans are discussed. This will continue to be the primary forum for the Home Office to engage with you on our plans, however, the Second Permanent Secretary is scheduled to meet PCS colleagues on Friday 18 September and would be happy to discuss this matter on that date. We are keen that regular and effective engagement should take place on our plans at all appropriate levels within the Department and the need to engage constructively with our trade union colleagues is set out in our Return to the Workplace Protocols.

3. “We have been provided data recently but we ask should there have been any changes that the department provide as a matter of urgency the following information

(a) the Covid secure occupancy limit for each building

(b) the current staffing levels in each building

(c) current risk assessment for each building”

We will continue to respond constructively to reasonable requests for data or information that will aid the engagement between the Home Office and its trade union representatives. We would encourage your representatives to continue to raise any specific requests for information in the regular engagement meetings that they are attending.

4. “The PCS 5 tests to a safe return to work have been raised with yourselves and in a number of other forums. These must be met, and we expect each to be tested to justify any increased return to the workplace”

The Home Office has previously provided a formal response to PCS regarding its 5 tests. As we engage with your representatives on our evolving plans for returning colleagues to the workplace, we will be happy to consider any concerns raised in relation to the tests that PCS as a union think should be applied.

You also raised the issue of temperature checks in your letter. As set out in a previous response to PCS, the use of temperature checks would not identify all cases of Covid-19, particularly when someone is asymptomatic. Results indicating no heightened temperature may also give a false sense of security and may lead to less careful actions and behaviours in respect to observing other symptoms and distancing etc. What is more important, therefore are the measures to make Home Office locations Covid secure. Temperature checks are not a mitigation in respect of the hierarchy of risk controls nor are they required, suggested or supported in any Government, PHE or WHO advice. They were originally considered within DHSC advice but removed because of lack of reliability.

5. “We ask whether the department still believes that ‘return to the workplace’ is a delegated matter. We seek agreement that the department will stick with its current staff in the workplace rates and that home working should be the default. We are clear the union is opposed to a mass return to the workplace”

The Home Office is progressing our own plans for returning our employees to the workplace through a phased approach and we have been engaging your representatives on our plans. We intend to continue to bring colleagues back into our Covid secure workplaces through this approach, in line with the latest Government guidance, and to maximise the number of colleagues present in the workplace subject to the safe capacity of our buildings. In addition to the operational benefits that are being achieved by returning more staff to the workplace, such as through enhanced productivity (Phase 3) and improved collaboration (Phase 4), we know that there are many colleagues who want to return to the workplace, or who would benefit from the ability to engage directly with colleagues and teams, or to access systems and wider facilities.

6. “In any case, we ask for the Home Office not to agree to the target of 80% of staff to attend their usual workplace each week by the end of September”

As previously set out, we will engage with you on how we are reviewing our plans in relation to the aim to enable 80% of staff to attend their usual workplace each week.

7. “We seek agreement that no staff member will be asked to attend the workplace if they do not wish to attend on safety grounds/concerns; in particular

i. That extremely vulnerable and vulnerable staff will not be asked to attend the work place if they hold such concerns;

ii. That BAME staff who have safety concerns will not be asked to attend the work place;

iii. That carers who have safety concerns will not be asked to attend the workplace;

iv. That staff in areas under lock down and restrictions will not be asked to return to the workplace”

All our workplaces are Covid secure and the Estates team is continuously monitoring all Home Office buildings to ensure that we do not exceed the maximum capacity for safe working under social distancing guidelines. We recognise that colleagues may have concerns about attending the workplace and we have been engaging with your representatives through the regular engagement forums on how to address the individual concerns of staff members.

We have reassured staff that Campus Leads or building Responsible Senior Officers (RSOs) have produced, and will provide them with, Covid secure working practices for their site which will include information about entering the building, hygiene stations and their personal responsibilities in the workplace. We have also produced, following constructive engagement with your representatives, information about what action to take in the event of a confirmed case of Covid-19 in the workplace or a local lockdown.

We expect line managers to have detailed conversations with their staff to talk through any individual concerns with a view to addressing them. In support of this we have also now published, following engagement with your representatives, our Covid-19 Individualised Risk Indicator (CIRI) to facilitate conversations between line managers and employees regarding their own personal characteristics against certain risk factors.

Our expectation is that managers should handle return to the workplace discussions sensitively, with concerns being explored and, wherever possible, practical measures agreed to allay worries.

8. “We ask for confirmation that the Home Office accept the 80% target cannot apply in Wales, Scotland and the Northern Ireland”

We will of course ensure that the Home Office continues to adhere to the relevant national guidance for our workplaces in Scotland, Wales and Northern Ireland. However, the phased return to the workplace plan that we have developed is applicable across the Home Office, including in our workplaces in the devolved administrations where our work may require attendance in the workplace.

9. “We ask for an assurance that 2M distancing in the buildings will not be changed in order to get more staff into the workplace”

For those working at Home Office locations, our guiding principle currently remains that we want to observe the 2-metre rule in a workplace setting where possible. Where a location may consider it a business requirement to move to less than 2m this will need business justification and consultation with union colleagues.

10. “We ask for agreement that Government advice still remains that any return to the workplace is conditional on the prevalence of the virus and that in order to keep the virus under control, it is important that people work safely. Working from home remains one way to do this”

As set out above, in continuing to implement our plans we will be mindful of the wider context, such as on the rate of infections, and we intend to retain a flexible operating model that works for delivery of priorities and balances staff safety.

11. “We ask for medical or scientific evidence to back any return to the workplace.”

12. “We ask you to confirm that current scientific advice is that staff should work from home where possible. Please provide any legal advice that you hold to the contrary”

13. “If the Home Office intend to significantly increase the number of staff returning to workplace can you please confirm that any plans comply with the principles set out in Schedule 1 of the Management of Health and Safety to ‘avoid risks’ and ‘replacing the dangerous with the non dangerous or less dangerous’”

14. “We seek a statement from the Home Office returning to the workplace is just as safe as home working and ask for any legal justification for replacing a safe system of work (in this case home working) with a less safe one (return to the workplace).”

Taking these points collectively, as we have stated previously, we consider the health, safety and wellbeing of all our staff to be paramount. We have engaged constructively with your representatives on our return to the workplace plans at all stages and have appreciated the valuable input they have provided as we have made our workplaces Covid secure for increasing numbers of colleagues to return to through our phased approach. We will remain open to amending our plans in light of developments – such as changes in the Government guidance – and will continue to engage constructively with your representatives on our plans, or on any specific concerns raised. Additionally, we will of course ensure we discharge all our legal responsibilities in respect of the Health and Safety of our employees.

We hope that we can continue to work constructively with PCS colleagues through these challenging times for the benefit of all our people and we look forward to engaging with you personally through the months ahead.

Yours sincerely,

Matthew Rycroft (Permanent Secretary), Shona Dunn (Second Permanent Secretary)

A second response dated 13 October has been received from the Second Permanent Secretary, Shona Dunn.

13 October 2020

"Dear All

Return to Workplace plans

Thank you for your letter of 23 September. Firstly, I want to say how much I valued the opportunity to meet with you on 18 September when you set out very clearly to me your views with respect to the developing situation, including your very clear position on our phased return to the workplace plans. At that meeting I emphasised that we will always make sure the health and wellbeing of our staff is our top priority and repeated my appreciation for just how hard our people are working at this difficult time – whether they are in the workplace or working from home. We also discussed the importance of remaining agile and flexible so that we are able to respond to developments. That is what we are doing and will continue to do – in consultation with our valued union colleagues - in the coming weeks and months as we continue responding to this unprecedented and evolving situation.

Following on from the Prime Minister’s further announcements of new measures in response to the rising incidences of COVID-19, and subsequent changes in Government guidance, we have set out our approach to attendance at the workplace very clearly and will continue to keep this updated. I know that our position is also being discussed with you in the ongoing regular engagement with your representatives.

As we move forward it is important that we do all we can to maintain the services that the Home Office delivers, acting in line with the updated guidance which sets out that public sector employees working in essential services should continue to go into work where necessary. As you know, we have paused the implementation of Phase 5 of our return to the workplace programme, which was designed to allow colleagues who would rather come in, and were not included in Phases 1-4, to establish a mixed model of work including some attendance at a workplace.

Beyond that, we have asked that staff who work in a role that benefits from attendance at a workplace for some, or all, of the time should carry on attending the workplace in line with the arrangements discussed with their line manager. This includes colleagues who have been identified as being part of Phases 1- 4 of our return to the workplace approach. However, I would emphasise that we have been clear that attendance by staff in Phase 2 remains at their own discretion and that where staff covered by Phase 3 or 4 believe the benefits of attending the workplace may not be material, they should discuss this with their line manager who can seek views on whether adjustments are needed. This demonstrates that we are taking a flexible and reasonable approach, which is responsive to the changing environment. As noted above, maintaining the health and wellbeing of our staff remains our top priority and we will continue to follow evolving guidance to ensure the appropriate safety measures are in place and our workplaces are COVID-secure.

In your letter you raised the following specific points.

1. An immediate halt of phase 3 and 4 of the Home Office return to work RTW plans. No further sign off for directorates to increase numbers of staff coming into workplaces

2. If staff can work from home, they should be instructed to do so (unless for personal reasons where working from home would pose more of a health risk as per Phase 2 of the RTW Protocol).

3. Move back to phases 1 and 2 of the Home Office RTW Protocol where only agreed critical work that can’t be performed at home is undertaken in workplaces. Accordingly, we expect to see an immediate reduction in numbers coming in offices and other work locations.

4. Anyone who has concerns about being in a workplace to be allowed to work from home with appropriate equipment and work provided. No-one should be coerced in to travelling to a workplace if they have safety concerns.

5. All extremely vulnerable and vulnerable civil servants, and those who look after relatives in these categories, should be allowed to home work. If this is not possible then they should be put on special leave with pay. They should not be asked to be in the workplace.

The Home Office position on points 1-3, the approach in respect of the phased return to the workplace plans, are covered in my response above. I would add that the majority of Home Office staff continue to work from home, with many others only required to attend the workplace for part of their working time. This is likely to continue to be the case for some time and any adjustments in our approach will continue to be subject to discussion with trade union colleagues.

On point 4, we will continue to reassure staff on the safety measures we have introduced to our workplaces to ensure they meet COVID-Secure guidelines. However, as I have set out previously, we recognise that colleagues may have concerns about attending the workplace. We expect line managers to have sympathetic conversations with their staff to talk through any individual concerns with a view to addressing them. Our Covid-19 Individualised Risk Indicator (CIRI) can be used to facilitate conversations between line managers and employees regarding their own personal characteristics against certain risk factors. I expect managers to handle return to the workplace discussions sensitively, with concerns being explored and, wherever possible, practical measures agreed to allay worries.

On point 5, we have taken a sensitive and supportive approach to colleagues in these categories since the start of the pandemic. Clinically extremely vulnerable staff in geographical areas where shielding provisions are in place must not attend the workplace. Those in this cohort in geographical areas where shielding measures are not in place should continue to work from home where possible. Where a suitable role is not available that allows working from home, any return to the workplace should be on a voluntary basis and be carried out in line with our Return to the Workplace Guidance and Protocols and the CIRI tool. We have had discussions with your representatives about our initial proposals in respect of colleagues on long term special leave with pay due to Covid-19, and these proposals involve finding alternative work. We will continue to consult your representatives as our plans develop on this issue.

All contingent labour and Agency workers are covered by the Cabinet Office Payment and Retention (Furlough) Arrangements until the end of October 2020. We are working with the Crown Commercial Service’s People Team, Cabinet Office and Other Government Departments on what may replace this scheme after that date. In terms of your concerns regarding Facilities Management staff it is the case that where buildings remain open there will be an ongoing need for Facilities Management services to be provided. I can assure you that the Home Office is fully committed to discharging its obligations in all health, safety and wellbeing matters which includes in relation to Facilities Management contractors.

As I set out at the start of this response, I valued having the opportunity to meet with you on 18 September. At that meeting you set out your views about the Home Office approach on the issues you raise in this letter which I heard very clearly. Although our meeting was held before the Prime Minister made his announcement on 22 September you were able to put your position to me at our meeting on the 18th. Given that we have met only very recently I would encourage you to continue to discuss these issues at the ongoing weekly engagement meetings."

Shona Dunn (Second Permanent Secretary)