CFI & Mobility

CFI (Criminal and Financial Investigations) and use of the mobility clause

PCS details the Operational reasons why staff from CFI were first asked to volunteer to assist the CTC with small boats arrivals, and latterly why the Department sought to compel those from the South and the South East of England to assist the CTC with Operation Altair, along with providing advice to members.

Operations Yomba and Altair

As part of a wider Home Office move to assist the Clandestine Threat Command (CTC) in dealing with ever increasing numbers of small boats arrivals from across the English Channel, CFI, ICE and Border Force staff have been asked to provide volunteers. In some areas feedback suggested that members were being told that if they did not volunteer they could be compelled. Nevertheless, initially CFI coverage was voluntary and a significant percentage of volunteers were from locations not situated close to the crisis points for small boats arrivals. There were concerns expressed in some areas over some of the Op Yomba shift times proposed, and the placement of meal breaks, though by 12 May most of these concerns were resolved.

Mobility Clause

On 4 May PCS were informed that the reducing numbers of volunteers from CFI overall had led to the decision being taken to invoke the mobility clause of all frontline staff in 6 CFI offices in the south and southeast of England - Heathrow, Eaton House, Basingstoke, Croydon, Stansted and Dover.

Home Office policy states as follows:

Staff on pre-modernised terms and conditions:

• if you are EO grade or above (and equivalents) and work full-time, you are a mobile member of staff

• if you are below EO grade (and equivalents) or you work part-time, you are a non-mobile member of staff

Staff on modernised terms and conditions:

• you are a mobile member of staff regardless of your grade or working pattern

You are on Modernised Terms and Conditions if you:

• are a new entrant to the Civil Service

• were promoted within the Home Office from a job advert that was published on, or after, 31 August 2014

• have joined the Home Office on a permanent and voluntary basis from another government department on level transfer or promotion, from a job advert published on or after 31 August 2014

‘Reasonableness’

However the mobility clause is not and has never been an absolute. It is subject to what is considered ‘reasonableness’. Departmental policy also states that the following issues may mean that any given invocation of the mobility clause may not be reasonable:

• equality issues – for example, whether a disability may make it more difficult for you to take on the new role requirements

• domestic and personal circumstances – for example, if you have caring responsibilities or health issues

• travel arrangements – differences in distance, available method of travel and travelling time

• pay and benefits – differences in pay scales and contractual benefits

• working pattern – differences in working pattern and hours of work

Meeting with IE (Immigration Enforcement)

PCS met with senior managers in IE on 5 May to discuss the invocation of the mobility clause for frontline CFI staff in those 6 locations. We were informed that there were up to 150 staff in scope and since they were all above AO grade they were all mobile. Of those an estimated 100 were PST trained. At the time of meeting there was no available roster for the deployment of compelled staff to Operation Altair. We were however informed that supporting Operation Altair was so important that CFI had reduced the rostering of their staff on standard CFI duties to ‘minimum viable project’ in order to accommodate the operation. Finally they suggested that in order to aid career development, if there were no Operation Altair work to do during their rostered CTC support shifts, CFI staff could assist CFI Dover with their standard work.

Subsequent Communications with IE

Following sight of the proposed roster PCS were informed that aside from CFI Dover (that would have approximately 5% -10% of its staff on standby due to its location), approximately 10% – 15% of the total staff in each of the other 5 locations would be on standby each day. This amounted to 2 staff per location per day.

The revised in scope figures from Heathrow, Basingstoke, Croydon & Eaton House were that there were 68 staff in total in scope, but that also included the non-warranted staff. In order to be eligible for working at Tug Haven staff had to be warranted, have PST 3 or PST2 in ticket and not be restricted in some other way due to being CEV or some other restriction. This reduced the pool of staff from 68 to 44.

At Stansted they currently have 22 staff (which includes business support staff). 20 staff were initially considered for deployment on Op Altair. There were two staff currently on long term Maternity and Paternity leave. A further three staff with medical conditions which, following OH advice prevented deployment to Dover, and one member of staff who as a new joiner was not yet PST 3 trained. This left 14 staff available for deployment. The 14 staff were consulted and asked to provide dates to avoid and preferences for shifts. Consideration was also given to maintaining on call coverage for Stansted and Bedford to cover business as usual. All of the officers due to be deployed in Dover are PST 3 trained.

We were also informed that staff assisting Op Altair would not require any additional training and that this was all covered in the standard Safe Systems Of Working (SSOW) and Risk Assessment (RA).

Finally we were informed that CFI priorities would be reviewed regularly in light of the ever changing lockdown situation over the period of 17 May to 21 June.

PCS Concerns

• With the invocation of the mobility clause there is always the possibility that staff who should not be compelled feel pressurised into assisting Operation Altair, and that the issue of ‘reasonableness’ is over-looked or applied incorrectly.

• IE senior managers have admitted that the very fluid situation at Tughaven could mean that staff are asked to undertake work at short notice, and that they may not have been trained for all aspects of that work.

• This additional workload will put pressure on all CFI staff regardless of the ‘priorities’ stated. Cases already in the criminal justice system must still be dealt with, and existing work must be progressed, in addition to Operation Altair.

• There is the potential for reputational damage and increased criminal and financial vulnerability due to CFI resources being diverted from core business areas.

• Members with health vulnerabilities, disabilities and caring responsibilities may feel (or may actually be) pressured into accepting working arrangements which are not supportive to their needs.

Conclusion

The ongoing problems that the CTC faces at Tughaven (with the increasing numbers of small boats arrivals) means that operational areas across the Home Office are coming under ever increasing pressure to assist. The business is already stretched in many operational areas, be it due to quarantine checks on the border or removals targets in IE, so additional pressures from Operations Altair and Yomba just add to the workload and demands of staff. The move to compel staff using the mobility clause is worrying, and we must hope that this does not become more widespread. If members feel unduly pressurised into assisting the CTC (whether it be voluntarily or through compulsion), or they feel that their specific circumstances are not being given proper consideration then please contact PCS. Equally if the loss of staff to assist the CTC is having an effect not just on your workload, but also your health, wellbeing, work/life balance (and operational delivery as well), then PCS wants to know so we can address the problems. We in turn will update members of any developments.

PCS advice

Members are advised to contact PCS local branch reps to raise their concerns in relation to the areas detailed above, or to contact the authors of this briefing.

Stephen Taylor (Assistant Group Secretary), Patricia Corrigan (Assistant Group Secretary)