Supportive Action for Members Not
Striking on 31st January
 Andy
Lord, Branch Secretary
Several of you have been in touch with the office to discuss various
ways and means by which reps and members who have not been balloted
in the PTOps privatisation dispute can help.
To be clear, as a union we cannot under any circumstances encourage
or induce members to take part in industrial action for which they
have not been balloted.
That said, PCS are keen for members who have not been balloted to
play a crucial role in ensuring striking members are feeling
supported and members are encouraged to:
Send messages of support to R& Ccampaigns@pcs.org.uk,
or via Twitter to @PCSRCGROUP, or by approaching picket lines
by donating to the hardship fund and helping to raise £10,000
on 31 January for those that are striking
In members own time helping with picket duties and helping with
tea and coffee runs
Wearing stickers
Ensuring they have completed the E-Action on the R&C pages
of the PCS website and asking their MP to sign EDM 2570 www.pcs.org.uk/hmrc
Bucket Collections Help raise £10,000 nationally for the
hardship fund
The Branch will be arranging a bucket collection on the 31 January.
A donation of £1 a person not striking would be helpful. With
35,000 members potentially not taking strike action, this could
generate £35,000 to the group hardship funds. During periods of
industrial action it is important we continue to maintain our funds
to assist those that require financial support when taking action on
behalf of PCS.
FAQs
1) What is industrial action?
There is no statutory definition for this. However, it is
generally considered to be concerted action, by workers, which
is taken in order to put pressure on their employer in relation to,
for example, a dispute concerning terms and conditions of
employment.
Industrial action includes a strike (where workers refuse to
work) and action short of a strike.
The latter includes (though this is not an exhaustive list):
refusal to perform administrative or other duties
an overtime ban
work to contract
unauthorised sickness or other absence
withdrawal of goodwill
a go slow
a boycott of management meetings.
2) Can I participate in strike action which is being called by
PCS for PTOps members even though I am not employed in the Personal
Tax (PT) business stream?
In short, the answer to this question is No.
To ensure that members are protected by legislation a trade union
must ballot its members on whether they are prepared to take
industrial action and a majority of those voting must vote in favour
of it. PCS have only balloted those employed in PT.
PCS is not, at this stage, balloting its members outside of the PT
business stream on taking industrial action. It would not,
therefore, be lawful for PCS to advise its members employed outside
of the PT business stream to participate in strike action.
While we know that advising branches, reps and members not involved
in the dispute this disappointing information, it is important we do
our best to protect all involved while providing you with
alternative ways of showing your support.
3) As an individual, what type of things can I do to show support
for my colleagues?
PCS is recommending a range of campaigning activities to show
your support including:
Ensuring you support the action by talking to those on the
picket line in your own time before work, during lunch.
By sending a message of support either to R&CCampaigns@pcs.org.uk
or on Twitter to @PCSRCGROUP
Wearing a sticker to work which will be available from your
branch officials and on picket lines
Making a donation of £1 (buckets will be available on picket
lines and branches will also be organising collections) to help
raise £10,000 for the hardship fund to help support those taking a
days action (35,000 members are not involved in the dispute at
this stage could raise £35,000)
Volunteer to distribute literature in your own time
Complete the E-Action to write to your MP and ask them to sign
EDM2570 on the issue (360 members have so far done this and 42 MPs
have now signed) www.pcs.org.uk/hmrc
On the day of action you must attend work as normal. You must also
take great care to ensure that, whatever you do, you do not breach
your contract of employment.
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4) Can I refuse a request to cover work not being
done by a colleague taking lawful industrial action?
This will depend on the nature of the request, the terms of your
contract of employment and whether the request to cover is a
reasonable one. As a general rule, the more senior you are, the more
flexible you will be expected to be. If you unreasonably refuse to
cover work, you could be in breach of contract and if so, you will run
the risk of disciplinary action and, possibly, dismissal. Whilst it is
the view of PCS that this is wholly inappropriate, case law has
invariably supported such actions by employers.
If, however, you are asked to do something which you reasonably
believe is beyond your competency and/or is likely to compromise
health and safety then, as a general rule, you would be entitled to
refuse the request. If you are in any doubt please contact the Branch
office on 01702 3 66275.
(5) My manager has told me that I may have to cover for colleagues
such as call centre workers or face to face enquiry centre on the 31
January. I am concerned that my inexperience in this work may lead to
complaints or cause legal complications. If this happens, am I covered
by employer indemnity?
If you are asked to cover this sort of work, HMRC should be very clear
at the outset as to whether you are protected from any liability. If
you do not receive sufficient reassurance, you should explain that you
the work is outside your area of competence and that you cannot do
that work without a guarantee of indemnity.
6) Can I attend a meeting in my lunch hour or personal time?
As a general rule, you can do what you like within your lunch hour,
rest periods or other personal time, providing, as always that it does
not breach your contract of employment.
7) Can I take part in a picket without being a member of the PT
business stream?
In principle, yes. However, great care must be taken as you run the
risk of committing an unlawful act, being in breach of contract (for
example, if picketing is carried out during your normal working hours)
or, by your actions, bringing your employer into disrepute.
8) Can I take refreshments to those on a picket line to show
support?
Providing that you prepare and deliver the refreshments in your own
time and do not participate in the picket, then this should be okay.
9) Can I cross a picket line?
Yes. If you refuse to do so and do not attend work for this, or any
other unauthorised reason, you will be in breach of your contract of
employment. You may wish to inform those on the picket that you work
in a business stream that was not balloted and that you are required
to attend work.
10) I will be on a day off on 31 January. Can I support my
colleagues on a picket line since I will not be at work anyway?
In principle yes however, the advice in Can I take part in a picket
without being a member of the PT business stream? will continue to
apply.
11) Can my employer cancel leave I have already booked for 31
January?
In principle yes, though this would be highly unusual. Employers are
however expected to act reasonably by providing as much notice as
possible and only cancelling if really necessary.
12) If I can't get to work on 31 January what can I do? What if I
have a personal emergency?
This does depend upon the circumstances for the absence. We have
agreed procedures related to emergency leave and parental leave. As a
general rule if you fail to attend work HMRC can view this as
unauthorised absence and therefore you may be liable for disciplinary
action. Our advice is that in these instances you should contact your
manager in the normal way and at the earliest opportunity to advise
why you may not be able to attend work.
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