Hybrid & Homeworking Policies

Hybrid working policy launched

Final hybrid working and a redraft of the homeworking policy. This briefing gives some background to the discussions and changes that PCS have been involved in.

25 January was the proposed date for the Home Office launch of the Hybrid working policy, and a rewrite of the Home and Flexible working policies. The GEC (Group Executive Committee) have been involved in discussions on the policy since the introduction of the temporary hybrid working guidance, which was initially launched as one of the many measures to deal with the COVID-19 pandemic.

We have been unable to communicate the negotiations with members whilst they were ongoing as Home Office issued the draft policy on an embargoed basis. This meant we were unable to share the contents of the policy proposals wider than the negotiating teams. The embargo is finally lifted with the publishing of the policy and we are now able to share details of the final policy and negotiations which brought the policy about.

PCS has raised concerns that by sharing documents ‘in confidence’ we are unable to properly consult our members, which is fundamental to our functioning. However, the proposed ‘go live’ date is the 14 March and this does give us the chance to consult over the contents with members and we have made clear to management we may be returning with further proposed alterations.

Please also note that this policy does not replace the current Government advice of continue to work at home if you can. Further communications will be issued by PCS and Home Office on the subject of working through the COVID-19 Pandemic.

Hybrid Working

This policy, as mentioned above, was initially launched as part of the measures to enable work areas to deal with the problems of the pandemic. The initial guidance sought to bring about a minimum attendance level in offices of 50%, with the option of working, where the work conducted allowed, the remaining 50% at home. As part of the negotiations, PCS argued that there was precedent set in alternative policies operated around home/alternative location working with a required minimum office attendance of 40% with 60% of the working week being performed elsewhere. We were also able to argue that 40% was easier to achieve over a period of time given the restrictions on the availability of safe workspace. PCS are pleased to inform members that we were able to change the policy to reflect this and going forward the ratio of attendance in the policy is 60/40. The 40% attendance in the office is to be agreed with managers and will be subject to member’s roles being able to be conducted from home. It is also calculated, and averaged, over a period of up to 3 months, rather than on a weekly basis.

It is important to point out that the final policy is not a temporary measure whilst we deal with the pandemic, but is to operate, where possible, as a new way of working. It is also important that members should be aware that where they do not wish to work from home, office facilities must be provided, and that no-one can be forced to undertake this way of working.

Working from home does present some areas for consideration for members which we would seek to highlight to ensure compliance with legislation. Where a member has a reasonable adjustment in the workplace, these apply equally in working from home, namely that if a member has an adapted chair or desk, or assistive technology to help them do their job, then these same measures are provided at home. Members should not be reluctant to ask for these facilities to be provided, and where resistance is met, it is suggested that members contact a local PCS rep to ensure that the policy is complied with. Likewise, members should be aware that they may need to inform their home insurers, mortgage providers or landlords that they are working from home, as well as ensuring that security measures for Home Office equipment and the confidentiality of the information they are dealing with are protected.

In requesting hybrid working, members should have a conversation with their line managers, and there is a conversation template within the policy which should form the basis of the discussion to ensure that the rules and obligations of both sides of the discussion can be met. It should be noted that hybrid working is not a contractual change and remains an informal arrangement throughout. Therefore, should a member find that the arrangement does not work for them, there is no obligation to continue with the home working element. Likewise, hybrid working should not undermine any existing contractual agreements in place such as flexible working.

PCS will continue in dialogue with the Home Office as the policy becomes embedded. Therefore, where difficulties are encountered, members should engage their local reps who can feed back difficulties to the GEC for us to take up centrally.

Homeworking

As with the policy on hybrid working, the review of the policy has taken place to acknowledge the experiences of working through the pandemic. However, unlike the hybrid working policy, homeworking has been in place for a number of years, albeit in restricted numbers. The Home Office made clear to PCS that they do not envisage that there will be a large upturn in the number of homeworking contracts being issued, and that the policy will remain in the majority as a reasonable adjustment to facilitate working for disabled members.

The significant part of the amendments are there to draw attention to the availability of hybrid working as an alternative, and to update references to Metis. As 100% homeworking is a contractual change there may be elements such as tax implications and, as with hybrid working, may require significant changes for members such as insurance, informing mortgage lenders or landlords, and where a specific area of the home is set aside as an office, the potential for a need for planning applications. Therefore, members should ensure that they are able to comply with these obligations before entering into a contractual change.

Members are reminded of the implications for London Pay, in that if you are a contractual homeworker, then whether or not you are on the London or National pay bands will depend on your home location. Therefore, a member on the London pay scale who moves to homeworking will only move to the relevant point on the National scale if their home is out of London. It should also be noted that a contractual homeworker should receive excess fares and time back for visiting the office and that they are entitled to the Homeworking allowance of £312.

Again, as with hybrid working, we remain in dialogue with the Home Office and would ask members to engage with local reps to feed back any difficulties they encounter in making a formal homeworking application.

The majority of these changes came about as a result of PCS negotiations. Hopefully we have been able to outline some of the significant changes and important information that PCS have been negotiating on these policies and demonstrate the importance of PCS membership. As ever we will continue to engage on these issues to achieve the best deal we can for our members.

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Pete Wright Group (Vice President, Personnel Lead), James Cox (Group President)