Public and Commercial Services Union

This guidance is designed to give you information on what you can expect from your representative and how you can help them bring your case to a conclusion that you will find acceptable.

It gives you information about what you can do and outlines some of the difficulties that there can be in resolving cases.

Talking to your union rep

Your local union rep is your starting point for getting help from PCS. We cannot stress strongly enough how important it is to talk to your union representative as soon as you can.

Often members feel that they can sort things out on their own. Whilst it may be helpful to approach management to seek an early solution to a problem, try to resolve the issue without proper advice can sometimes cause more problems.

When your PCS representative gets a case to deal with, they will explore the full range of options that are open to you. Even if they are inexperienced, or haven’t dealt with a case like yours before, they have many sources of advice and support available to them.

Your PCS representative will agree a way forward with you and help you achieve the best possible outcome. In simple terms, approach your PCS representative at the earliest opportunity to enable them to have the most scope for dealing with your case.

Do not see contacting your PCS representative as your last resort but as your first response.

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What if I am not a member?

PCS is a membership organisation and is funded almost entirely from members' contributions that pay for the insurance that it provides in times of difficulty. If you are reading this and you are not a member then you should join today, and get the benefit of that insurance.

If you are considering joining but are already looking for help because of a problem at work you may find that your local representatives will still be prepared to give you some advice and help.

However, you should understand that you may not be able to get assistance for things that happened before you became a member.

Find out about joining PCS today.

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Finding your local PCS representative

Every member of PCS is a member of a local union branch and you should receive information from your local branch on a regular basis. Some branches and workplaces will have a PCS notice board and you should be able to find details of your local PCS representatives on that – or on PCS posters that may be displayed in your workplace.

If you are unable to find out whom your representative is locally, then contact PCS headquarters or your local PCS office. Details of telephone numbers are also in your PCS diary.

If possible, try to have your membership number available, as this will make it easier to put you in touch with the right person.

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The initial meeting

Except for very straightforward cases, where a representative may be able to give you an immediate opinion, your PCS representative will arrange a time when you can meet with them to discuss your issues.

Remember that the majority of PCS representatives have to share his or her time between working for the employer and undertaking union work. This may mean that there is a slight delay between you making an initial contact and being able to meet up with the representative. If your case in genuinely urgent then he/she should be able to give you time but if it can wait for a short while then you may be able to arrange to speak or meet when it is convenient to both of you.

If you are contacting your representative because you are being called to a disciplinary or grievance meeting with your manager and you have a statutory right to be accompanied to that meeting, the law allows you and your representative to suggest an alternative date, if the original date is at a time when the representative cannot make it. Any alternative date has to be not more than 5 working days after the original date, by law, though some employers will allow a greater flexibility in this.

You should expect the initial meeting with your representative to be held in private and without interruption.

The meeting between you and your PCS representative will be confidential and he/she will not discuss your case with anyone unless you agree, other than to seek further guidance on your behalf.

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At the initial meeting - Explaining your case

You should prepare your case thoroughly before you meet your union representative – you will know all of the facts of your case while your representative will almost certainly be hearing all of it for the first time. Make sure you are clear about what the issue is about.

Bring copies of all the relevant papers, minutes and letters pertaining to your case and make sure that these papers are in chronological order.

It may be worth preparing a time-line or other notes so that you can explain the issues that you are concerned about as clearly as possible and have something in writing explaining these that you can leave with your representative.

It is important that you are fully open with your representative: unless they are in possession of the full facts, they cannot properly plan the best way to approach the case: for example, if you are being accused of something and you deny it to your representative, when you know that you did in fact do what you are being accused of, your representative will be severely compromised in any subsequent meeting if the employer has clear evidence of your conduct. You would be in a stronger position if you admit the conduct to your representative and allow them to concentrate on explaining why things happened, rather than trying to deny it.
Before you see the representative think about what you would like to achieve by way of an outcome. It may be that you are not sure what can be achieved but it is likely that you have some idea how the matter could be resolved.

The representative is likely to ask you questions and take notes. Notes also remain confidential and will be locked away or kept secure.

You may ask to see any notes that are kept on you by your representative.

If the case is something that the representative has not come across before then he or she may ask your permission to speak to another representative, full-time officer or the PCS Legal and Personal Case Unit to seek further advice.

It is up to you whether you allow a representative to do this but it will be difficult for them to do their job if you don't.

Once you have explained your case and answered any questions that your representative may have asked, you will then need to agree with him or her what happens next.

You may receive in writing a copy of what you have agreed with your representative and you should check this carefully to ensure that there are no errors.

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What can your PCS rep do?

How your representative helps you will depend on the circumstances of the case and what you want or are prepared to accept.

Your representative will advise on the options available to you, and the best course of action to take.

It remains your decision if you wish to follow their advice, although, if you do not follow the advice given, there may be a limit as to how much help your representative can then give you.

Sometimes your representative can provide you with the information you need by referring you to the codes and manuals that can be so difficult to navigate.

They may be able to reassure you based on their experience of others in your position and advise you what to do next.

Reps can act on your behalf

It may be that your representative can write on your behalf to management.

This can sometimes cause management to reflect on what they have done or intend to do, as they know that your representative will pick up on any errors that they make.

Sometimes getting management to reflect on a decision will be all you need to put the matter right.

It may be that your representative can accompany you to a meeting with management to discuss your case and seek to negotiate an acceptable outcome with you. This can help resolve a matter quickly as exchanges of correspondence can take a long time.

If you are facing a disciplinary hearing or have taken a grievance then you have a legal right to be accompanied by a union representative.

What if your case is against another member?

It may well be the case that you have a grievance against or feel you have been treated badly by a member of staff who is also a member of PCS.

This member may also approach the union, and is entitled to representation where appropriate. PCS is very careful to be fair in such cases, and will ensure that confidential information is not shared.

What if the issues affect people other than yourself?

Some issues affect more than one person and it may be best to take these up as a collective complaint or grievance, as many voices will be more effective than one.

You should consider whether others have the same issues as you, before you meet with your representative.

If this is the case, your representative may look to meet with all those affected and may discuss the option of taking forward a collective grievance.

It may also be necessary to launch a campaign around this particular issue and to involve a PCS regional organiser, who will be able to arrange leaflets, petitions and publicity.

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What is a suitable outcome?

This is a bit like asking 'How long is a piece of string?' in that it is different in every case and in every set of circumstances.

You and your representative should discuss both what outcome you want and what you would be prepared to accept as a compromise. You should bear in mind that involving your representative does not in itself guarantee that you will get what you want.

If management is able to concede what the representative is saying on your behalf or if you have discussed all aspects of the case and have reached a compromise then it is often acceptable to settle the case and that should be an end to it.

If you and your representative are unable to agree with management a suitable outcome, then you will have to discuss the case again. Sometimes your representative will be able to obtain more advice from his/her full time officer or other experts within PCS. In these circumstances they may be able to discuss with you what the next steps might be.

Sometimes it means that you will have reached the end of the road with this case. Other times it may well be possible to appeal to a higher level of management, or even to take legal action.

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Employment Tribunals

If your case is one that can be pursued to a Civil Service Appeals Board (CSAB) or an employment tribunal (ET) then PCS may continue to represent you depending on the circumstance of the case.

The CSAB can no longer hear appeals against dismissal, if the dismsisal date is after 30th November 2010. However, they are still able to deal with cases involving:

• Refusals to allow participation in political activities;
• Forfeiture of superannuation; and
• The amount of compensation to be paid in inefficiency dismissals.

Employment tribunals can hear a wider range of complaints – but they are still limited in their scope. The issue must be one over which they have jurisdiction. A full list of the issues that can be taken before an ET are listed on the ET website.

Appeals to either body have to be submitted within a specific period time – usually within 3 months of the date of the event that you are complaining about. Some CSAB complaints have shorter time limits.

You should seek assistance as early as possible to ensure that time limits are more likely to be met. If you feel that you have a case that could go to an ET then you should advise your representative at once. Your representative will be able to get advice from their full time officer or the legal and personal case unit.

Remember: it is your case and the responsibility for ensuring that claims to CSAB and/or ET are made in time remains with you.

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What if PCS cannot help?

PCS will always try to assist members. Even where a member has contributed fully to the circumstances they are in, a PCS representative can play an important role in ensuring that the disciplinary action that is taken against that member is appropriate to the case and not inconsistent with other cases.

Sometimes, after pursuing a case through the available procedures it may be that your representative feels that the case has reached the end of the line and no further progress can be made. Your representative will usually take advice on this.

There are some circumstances where PCS cannot help:

• If winning your case could adversely affect others terms and conditions then PCS may advise you that they cannot continue to support it. This is highly unusual and only happens where a success in your circumstances would undermine others or agreements that have been fought for.
• If advice suggests the case is not likely to succeed at a Tribunal. In such a case we may be able to negotiate a settlement or ensure that no detrimental action is taken against you by your employer but we will usually not represent such cases at ET.
• If you refuse to take the advice of representatives on how to pursue a case then your representative or the Legal & Personal Case Unit may take a view that we cannot continue to represent you in that case.
• You are always free to choose what action is taken but where this is thought to be inappropriate, your representative may take the view that he or she can no longer help.

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Points to remember about personal cases

• Although PCS representatives will do all they can to advise and support you in resolving your issues, they remain ‘your’ issues – you cannot simply pass all responsibility on to your PCS representative. In particular, in respect of time limits, it is your primary responsibility to ensure that these are complied with.
• Professional advice is available to your representative, through other reps, PCS officers including subject specialists and, in appropriate cases, from our legal advisers. Not all cases will require formal legal advice.
• PCS representatives will often have to balance the competing demands of union business and work for their employer. They are also not expected to work ‘out of hours’ on personal cases or other union work. Be reasonable in your expectations of your representative, please.

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Tips for dealing with problems at work

• Do not delay approaching your representative. The earlier you bring the case to your representative the more likely the case can be resolved informally and speedily.
• Do keep notes and copies of all dates, letters and documents relating to the case. These will be important if the case takes time to resolve or has to be passed on to another representative or headquarters department for advice.
• Do ensure you give your representative all the facts. It is important that you are honest with your representative. What you tell your representative is in confidence but they must know everything, however damaging it may seem.
• Be realistic in what you expect as a resolution to your issue – most cases are settled through compromise;
• Be clear what your agreed objective is. The representative is there to act on your behalf and you should agree what actions they are to take.
• Do not speak or write to management or anyone else about the case without your representative being aware in advance. This can hinder the progress your representative may be making.
• Do remember that if you are asked to attend a disciplinary or grievance hearing then you have a legal right to be accompanied by your representative and you should use that right.
• Do be patient. While you can expect your representative to deal with your case without undue delay, they may well have other cases and work impacting on their time. Similarly delays can often occur when management invoke formal procedures. Remember to keep in regular contact with your representative. 

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Flowchart showing initial processes for new problem at work

Download the flowchart

  Flowchart showing initial processes for new problem at work

 

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Flowchart showing process following first meeting with rep

Download the flowchart

  Flowchart showing process following first meeting with rep

 

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Personal & Legal cases – Frequently asked questions

1. I am having some problems at work and need advice – what should I do?
   
   Speak to your local PCS representative – as soon as possible.
    
2. I don’t know who my PCS representative is. How can I find out?
   
   In most workplaces PCS will have a union notice board – look on there for details of who your representative is.
   
   Alternatively, visit the group contacts page.
   
   You could also telephone PCS headquarters, on 020 7924 2727.
    
3. I want to go to Employment Tribunal – can I?
   
   There are a number of things that you need to do before you can take a case to an Employment Tribunal (ET):
   
   a. Ensure that the thing that you want to complain about is within the ET’s jurisdiction: You can view a full list of the laws that they cover at the ET site.
   
   b. Make sure that any complaint is ‘in time’ – most complaints to ET must be lodged within 3 months of the issue that you are complaining of.
   
   c. If you want PCS support, you need to speak to your local PCS representative and, usually, they will have to arrange to get advice on the strength of your case. As costs can be awarded in ETs for hopeless cases, PCS needs to ensure that we do not spend members’ money wastefully by supporting poor cases. Of course, you have the right to take a case yourself, without PCS support, if you wish to.
    
4. I’ve had advice but I’m not happy with it. What can I do?
   
   Think about why you are not happy – do you have grounds to believe that the advice is wrong? Employment law is a very difficult area of legislation and cases are not easy to prove. You may simply have misjudged the strength of your case. In the first instance, speak to your rep. If they are unable to provide further advice and explanation, ask them to talk to a more experienced rep or to the PCS officers for your bargaining area.
    
5. My rep is not advising me. What can I do?
   
   Remember that local PCS representatives can have a very heavy workload – they usually have their official work to do as well as their union work. You can speak to either a Branch officer or someone within your bargaining area if you are concerned – see (2) above for how to find contact details.
    
6. I need a medical report – will the union pay for it?
   
   In certain circumstances, PCS will assist in the cost of necessary medical advice. Where employers are requiring medical reports for employment related matters, PCS would usually expect the employer to meet such costs.
    
7. My partner has a problem at work. Can I get advice?
   
   The PCS Employment Law scheme is only for members of the union. Others should seek advice from their own union, if there is one, or could go to alternative sources, such as the Citizens Advice Bureau.

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Sources of advice for members with employment questions

When a PCS member has a query about an employment issue, we recommend that they speak to their local PCS representative as soon as possible.

However, we recognise that there may be times when a local rep is not immediately available, or when the member may wish to check things for themselves before raising the issue with their rep.

This guide, therefore, aims to signpost members to useful sources of advice, which they may wish to use.

Contract of Employment/Staff Handbook/Employer’s Intranet Site

If you are an employee, you should have a Contract of Employment, or at least a written statement of your employment particulars. This should be given to you within two months of starting work. This document must contain certain basic information – see the DirectGov site for further details.

Many Civil Service employers now have intranet sites where their terms and conditions of employment are expanded upon.

This site

The PCS web site has a wealth of resources intended to assist members and representatives understand the law relating to employment.

There are sections within the web site addressing issues such as:

• Equality
• Call centre work
• Health & Safety
• Pay
• Pensions
• Guidance on personal cases and employment law

Many of the bargaining areas within PCS also have specific web pages within the site which explain particular employment issues within that area. Most of these web pages also contain a Contacts directory for the bargaining area.

Other useful sites

The internet can be a rich source of advice and guidance on employment issues – but it is important to ensure that any sites that you rely on are giving advice appropriate for UK employment law and that they are reputable.

PCS would suggest the following as good sources of advice:

• Worksmart: Sponsored and maintained by the TUC, this site aims to give basic advice on all aspects of life at work.
• DirectGov: employment pages: These pages give a good basic overview of employment law and rights within the UK. You need to remember, however, that these are based on minimum employment rights and that PCS has managed to secure better terms and conditions for members.
• Equality & Human Rights Commission: all you need to know about discrimination at work and in wider society.
• Health & Safety Executive: If you are concerned about health and safety at work, look at the HSE’s website. They also have a wide range of issue-specific micro web sites, covering the law and best practice on issues such as stress, violence at work, temperatures and worker involvement.
• Businesslink: Although it’s really intended for employers, the government sponsored Business Link pages contain more detailed employment related rights information than Direct Gov.
• ACAS: The Advisory, Conciliation and Arbitration Service provides guidance and advice on employment rights and dispute resolution in the workplace. They also publish Codes of Practice on issues such as the rights of union members and officials to take time off work.
• Civil Service Appeal Board: pages explaining the coverage of the CSAB and guidance for applicants and departments.
• Employment Tribunal Service: gives guidance on the laws which Employment Tribunals can enforce and links to the ET1 form to submit a complaint.

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