Public and Commercial Services Union

Defence Sector group

Smarter Working Toolkit

Updated - June 2022

Contents

1.  Introdction

2.  Types of Smarter Working  

3.  Smarter Working Myths 

4.  Deciding on Your Working Pattern 

5.  Failure to Agree Your Working Pattern 

6.  Changes to an Agreed Working Pattern 

7.  Future Implications 

1. Introduction

 1.1 This toolkit is PCS guidance for members on how to navigate your way through the MOD’s current Smarter Working policy, focusing, in particular, on Hybrid Working. Hybrid Working refers to the ability to work part of your time from home and part of the time at your workplace and is one of the options available as part of the MOD’s wider Smarter Working and Future Workplace Strategy. The other options are Location Specific working, Mobile Working and those formally designated as Homeworkers, all covered below. This toolkit covers the general Hybrid Working policy that covers all MOD staff but DE&S staff will be subject to a DE&S specific policy.

1.2 The aim here is to give practical advice on Smarter Working, how it can work, what it is not, how it can be managed, and to share PCS’ understanding of the departmental policy. Some of the policy in this area can be ill-defined and hopefully this toolkit will better equip all members, whatever their grade, to understand and incorporate the policy, leading to a more balanced and better working life.

1.3 The toolkit covers various aspects of the Smarter Working policy for all employees:

• Different types of Smarter Working

• Smarter Working Myths

• Benefits of Smarter Working

• Deciding on your working pattern

• Failure to agree your working pattern

• Changes to an agreed working pattern

• Future implications

1.4 This toolkit is not intended to be exhaustive, there will no doubt be situations that arise which will be particular to a TLB, business unit or workplace and which this guide does not cover, but it should be of use when discussing Smarter Working, as it attempts to cut through the mountain of MOD policy and set out practical, easily digestible, steps that maximise effective use of the policy.

2. Types of Smarter Working

2.1 The key MOD policy document in this area is Establishing the MOD Future Workplace, which can be found, amongst a suite of related documents, at Future Workplace Hub (sharepoint.com)

2.2 The Establishing the MOD Future Workplace document details four different types of MOD worker:

• Location Specific - works in a fixed location all of the time

• Hybrid Worker - Has a Permanent Duty Station but can also work remotely (work from home)

• Home Worker - Uses their home as their principal place of work on a permanent basis.

• Mobile Worker – No Permanent Duty Station and generally mobile in nature

2.3 There can be some confusion regarding working from home and homeworking. The ability to work from home is part of the Hybrid Working possibilities and does not involve any change in your terms and conditions:

·        Working from Home (WFH) is an informal agreement between you and your line management.

·        Homeworking is a contractual arrangement and has a defined set of terms and conditions.

There are also financial considerations to being designated a Homeworker, as Homeworkers are not paid location allowances. Staff can apply to move to a Homeworking contract and this will be considered by your line management but there is no guarantee that a request will be granted. If you are currently WFH for part of your working week then it doesn’t automatically follow that a Homeworking application would be successful. A Homeworking application would need to outline the benefits of moving to such an arrangement, not only for the individual, but for the area concerned.

2.4 Where there may be increased opportunities regarding Homeworking is when an individual is physically incapacitated in some way but could WFH and deliver output. The expansion in WFH, and the investment in laptops and associated support, now means that whilst previously being physically unable to attend the workplace would constitute a major threat to your MOD employment it may now be possible to agree an informal Hybrid Working solution or a more solid Homeworking solution, to maintain your MOD employment. Moving to a Homeworking set up should be carefully considered. The Homeworking policy is here

3. Smarter Working Myths

3.1    Some misunderstanding has arisen around Smarter Working and the new Hybrid Working opportunities. As previously stated, Hybrid Working arrangements are informal, not contractual, and have no impact on already established terms and conditions. Hopefully the following will clarify some of the misunderstandings around the new arrangements. Some of these myths will be addressed in more detail later in the toolkit:

• Hybrid Working means a change to Flexible Working Hours (FWH) – Hybrid Working has no impact on current FWH arrangements. You can operate a Hybrid Working agreement, working from home for part of your week, and continue on FWH. Exceptionally if changes are required to your FWH agreement, in order to accommodate Hybrid working, these will need to be the subject of consultation with PCS.

• Part time workers can’t use Hybrid Working - Part time workers should be able to agree a Hybrid Working arrangement, just as their full-time colleagues. There are numerous working patterns across the department, but all working patterns are open to the Hybrid Working conversation with the line management concerned. Part time workers should also have a Hybrid Working agreement on a pro-rota basis.

• Once agreed the Hybrid Working pattern cannot be changed - The working week doesn’t have to be set in stone, the key is to have the conversation between the individual and the line management and agree the broad outline of the working week. Workload can change and an individual’s circumstances will change, the point is to agree a revised Hybrid Working pattern when circumstances change.

• You must attend the workplace for the appearance of fairness amongst colleagues - The ability to work from home is linked to your role and some roles will require greater attendance in the workplace than others. The idea that it is unfair for some to be able to work from home more than others and that some attend the workplace simply to match their colleagues’ attendance, to seek a false equivalence, is discouraged by the department and would be a form of presenteeism, attending the workplace for the sake of it and not directly linked to your role.

• Line managers are to attend the workplace more often - It is not a given that line managers are expected to attend the workplace more often than their team. There may be a requirement for some line managers to attend the workplace more than their team but this will depend, like all else, on the particular line management role. A line manager can maintain contact with their team via the tools we have been using since 2020, Skype, Teams etc., just as many have been doing whilst WFH and they do not have to be in the workplace to keep in contact, nor should they feel obliged to attend the workplace if some of their team are in on a regular basis. This is not to say that a line manager should routinely deny their team the opportunity to WFH whilst they themselves WFH, that is never a good look, but if a line manager has some of their team who wish to attend the workplace full-time then it does not follow that they have to also attend the workplace, in order to ‘supervise’. In addition, leaders within the MoD are to set an example regarding WFH and should ‘own, champion and role model Smarter Working’ (Establishing the MOD Future Workplace, p6).

• You must attend the workplace for 40-60% of your working week - This figure is given only as an example in the MOD policy, when suggesting time WFH. Unfortunately, in some areas it is becoming a restrictive quota, leading to some line management stating that the policy directs that full-time staff, for example, must work a minimum 2 days per week in the workplace, and the 40-60% figure is also used to impose a three-day week in the workplace:

We will not impose quotas about time spent on-site versus time spent working remotely but people will typically work remotely more than ever before (as a broad average this could be 40-60% of time remote, for some this will be more and for others less). This will be dependent upon the activity and outcomes to be delivered, including taking into consideration personal circumstances. (Establishing the MOD Future Workplace, p10)

WFH for 40-60% of your time may well be the agreement you reach with your line management but it should be based on your role, not an arbitrary figure plucked from the air. The 40-60% example given in the policy sits amongst direction against the dangers of presenteeism and an unnecessary emphasis on face to face for its own sake.

• Everyone must adopt Hybrid Working - Whilst Hybrid Working will offer opportunities for many to significantly re-design their working week some staff may wish to return to the workplace on the same basis as before the pandemic. This should be accommodated. If you have a Permanent Duty Station (PDS), a recognised place of work, then you can return to this PDS on the pre-covid basis. The MOD recognises that WFH will not suit some and that ‘it’s critical that we focus on providing flexibility and choice for our people’. Your choice may be to return to the workplace as before. You may not return to the same desk, or the same floorplate lay-out, as many areas will reconfigure their work area to adapt to the new ways of working, but you should be able to return to your site. If you do return to the workplace on the same basis as pre-covid, on your full conditioned hours, then you will still be able to WFH occasionally as the need arises. If this is not the case, you should contact your local PCS representative for advice.

4. Deciding on Your Working Pattern

4.1      It is difficult to be general here as roles across the MOD will differ. If, however, you have been successfully delivering output WFH throughout the pandemic then there is no reason why Hybrid Working cannot be a feature of your working life in the future.

4.2 A phrase that DE&S employ is useful, ‘work from home where possible, attend for a purpose’. As the MOD policy discourages presenteeism, attending the workplace for its own sake and attending simply to be seen, then approach your attendance in the workplace from the ‘why am I here?’ angle. It is accepted that there can be benefits to attending the workplace as it can foster important contact with colleagues, can encourage greater exchange of ideas, and lead to greater team cohesion. The extent to which attendance in the workplace is vital in these areas, though, does depend on your role. In addition, there are various online tools now available that help to maintain contact amongst teams and a successful team, well managed and delivering defined output, does not necessarily rely on regular physical interaction. Staff can be in the workplace all week and yet be poorly managed and/or performing.

4.3 The MOD policy also states that ‘work is an activity not a place’ and it is the shift that this phrase encapsulates that is at the heart of the Hybrid Working model. If you were WFH previously then there should be no requirement for a full return to the workplace. The MOD has invested in laptops and WFH support and is explicit in its desire to build in the Hybrid model across its workforce, where possible. This is MOD policy, as detailed in the Future Workplace Strategy, and, frankly, the individual preferences of a line manager, or Branch Head/Commanding Officer, should not have a veto on your Hybrid Working opportunities.

4.4 There is recognition that face-to-face contact has benefits and can help morale. It is also the case that attendance in the workplace just for the sake of it, when output may be less due to travelling time and distracting office interaction, can also drain morale. Not to mention the cost of attending the workplace that many of us incur. We incurred costs before covid but the MOD policy does refer to cost savings as one of the benefits of Hybrid Working. The genie is out of the bottle and we are in a new space. Add in the current cost of living crisis, not helped by our unsatisfactory pay situation, and the cost of attending the workplace should be borne in mind when Hybrid conversations take place.

4.5 Have the discussion with your line manager on your aspirations regarding your working week, and if there is agreement then all well and good. In the majority of cases agreement should be reached, taking into account:

• the policy direction

• your full-time/part-time status

• the demands of the role

• your previous experience of WFH throughout the pandemic

4.6 Line management must also ensure that the WFH set-up is assessed and that additional equipment, where required, is provided, such as desks, chairs, keyboards, and screens. In short, your home set-up should reflect your workplace set-up. Further guidance is covered at Q 4.2.5 and 4.2.6 in this link Workplace and COVID FAQs version_15.docx (sharepoint.com)

4.7 If there is no agreement following initial discussion then PCS advise that you ask your line management to detail, by email, the reasons why they require you in the office for the days they stipulate. Any line management should be able to articulate the benefits of the attendance in the workplace they insist on. Having the rationale in writing also allows you to challenge, in writing, the thinking here. Having an email trail of the debate around your work pattern may help an agreement to be reached but will also help your PCS representative if they become involved, and any other external to the line management chain if they too become involved.

5. Failure to Agree a Working Pattern

5.1    It may be that after you have had your Hybrid Working discussion and you have exchanged emails on the working pattern that you remain in disagreement with your line management. Hybrid arrangements are informal and there is some framework guidance, and much of this guidance is useful, but to be blunt, what if your line management simply don’t like the WFH concept and seek to limit your opportunity to do so? If you feel your immediate line manager is being unreasonable regarding your Hybrid working week then obviously advance your case up the relevant line management chain. Some cases will find agreement at that point. If, ultimately, you consider your line management chain’s approach to be unreasonable then there is the possibility of raising a Grievance, as in all other areas of MOD policy.

5.2 To avoid time consuming and stressful Grievances, for all concerned, PCS are seeking a decision-making process within the MoD that can address a failure to agree. We are relaxed about the precise model and terminology, whether referred to as Consistency Panels, Adjudication, or other terms, the point would be for those outside the line management chain to review the Hybrid decision and conclude if the approach from the line management, and the request from the individual, are reasonable. Short of a formal agreement with the MOD in this area, and PCS will update members if we make progress here, you can request that your Hybrid Working situation is looked at by those outside of your line management chain.

5.3 It is important to be clear, however, that any agreement with the MOD on an adjudication process would not undermine your right to raise a Grievance on the issue. Consult your local PCS representative if considering raising a Grievance in this area. It will be useful to gather examples of other colleagues’ experience of Hybrid Working and to find comparable examples in your area of greater flexibility allowed regarding the Hybrid model. It is hoped that by introducing an adjudication process, though, that the need for Grievances would be greatly reduced.

6. Changes to an Agreed Working Pattern

6.1     Although early in the new Hybrid Working environment PCS are aware of cases where an initial agreement was reached, only for it to be questioned following a change of line management. It is important that your Hybrid agreement is documented, and the reasons underpinning your agreement, so that if there are any future attempts to change it the initial agreement is referenced.

6.2 To this end PCS advise that you ensure that your Hybrid Working agreement is recorded. The department have produced a template for this purpose - Informal hybrid working arrangement template .docx (sharepoint.com). This also allows all parties to revisit the template if your role/work requirements change.

6.3 Any moves to change an existing agreement when there has been no change in your role would have to justify why. Again, the Hybrid policy is informal and depends on agreement between the job holder and line management, but it should not be subject to regular change based on nothing more than the personal preferences of a new line manager. As with any initial agreement if you consider a subsequent change to your Hybrid arrangement unwarranted then raise your concerns through your line management chain, beyond if possible, involve your local PCS representatives if still no agreement, and ultimately consider raising a Grievance.

7. Future Implications of Smarter Working

7.1   Whilst there is much to commend the move to Smarter Working and Hybrid Working possibilities - increased flexibility in your working week, potentially greater empowerment, increased efficiency, and increased trust levels - there may be less positive aspects that PCS members should be aware of.

7.2 It may be more difficult in future to build team cohesion, successfully introduce new employees to the MOD, and, eventually, there may be moves to reduce the MOD estate; in short, sell off current workplaces with the justification that they are under used. Where your new Permanent Duty Station is, if indeed there is one, may suit some but not others.

7.3 There are also concerns for the future of trade unionism within the MOD, and the wider Civil Service, as a result of widespread Hybrid arrangements. It may be more difficult to organise in the workplace when there are simply fewer in the workplace on a regular basis. The reduction in the informal connections between PCS members and representatives and fewer members at workplace meetings, meetings which can increase confidence amongst members, may make it harder in future to foster a sense of solidarity. Online possibilities exist, though, and can be effective, and they can also widen the opportunity to attend virtual union meetings so it is not a wholly bleak picture. In addition, how do you organise industrial action if the majority of members are WFH? These questions are for the trade union movement to address but, in the meantime, your trade union will ensure that the present Smarter Working possibilities are utilised, fairly and within reason, across the MOD.