IL Statement On DWP Elections

At present, the joint Independent Left/Broad Left Network candidate standing for DWP President, Bev Laidlaw, will be omitted from the DWP Group Executive Committee ballot paper on the stated grounds that she did not accept the nomination within the deadline. 

Bev does not agree with this view and decision. Without going into all the detail here, Bev indicated her acceptance within the deadline, stating  “please find attached my election addresses for DWP Elections 2024; DWP Group President and Ordinary GEC member.” On any reasonable reading a candidate stating that are attaching election addresses and identification the posts they cover is a statement that they do accept nomination for those posts. 

Supported by IL and BLN colleagues (who are also standing as part of the Coalition for  Change in the NEC elections), Bev has challenged this decision, although the “procedure” allowed for challenge is not one we would recommend and the HQ decision, as it stands at present, will mean that the LU candidate will be elected unopposed.

The wider view we take, and that Bev has expressed, is that trade unions should favour the maximisation of democracy, reduce obstacles to candidates standing, and promote contested elections rather than omit candidates for reasons unconnected to the key issues of whether a candidate is in membership, is a member in the relevant constituency, has been properly nominated, and has accepted nomination. Going forward after the election, we will therefore be looking to ensure PCS’ election arrangements reflect these fundamental democratic principles.

In the here and now, it is crucial that everyone of us, who wants change in our union, who is serious about winning on pay and wants democratic, accountable leaders, redouble our efforts to vote for and campaign for BLN/IL/Change candidates in Group and National Executive Committee elections.

You can read our programme here, and see the candidates we endorse here.

Vote for change.

The Inequitable Churn: Civil Service Pay Disparities

The fact that civil servants are badly paid is basically axiomatic at this point. The report PCS commissioned Dr Mark Williams to produce on our pay confirmed this categorically.

But what is talked about less is just how much variation there is in how badly civil servants are paid. In-grade pay disparities within the civil service are a systemic and damaging injustice.

Mind the gaps

The Institute for Government’s (IfG) reported that civil service pay in each grade has fallen in real terms by between 12 and 26 percent since 2010 (‘Whitehall Monitor’, 16/01/2024). Pay disparities between different departments are striking. An IfG report (February 2023) showed that median AO/AA pay at MoD was £20,423, over £4,000 less than the median AO/AA salary in the Welsh Government. Pay at DCMS at every grade between AO/AA and SCS consistently lags median civil service pay by thousands of pounds.

The 2023 pay rise and limited sectoral/employer deals do little to unpick these disparities. Within departments, bargaining units, and workplaces, there are huge disparities in individual pay at the same grade and even in the same role.

Gender and disability pay gaps remain, too. Men were, on average, paid 9.1% more than women in 2023, according to Dr Williams’ report. This has shrunk since the mid-2000s but is still inexcusable. Even more worrying is the disability pay gap – 8.4%, and widening.

Aims without plans

Given all this, it is a positive that the PCS 2024/25 pay demands include ‘pay equality across departments on the best possible terms’. This, the current leadership tell us will provide ‘pay coherence’ via an end to delegated negotiations and a return to national pay bargaining, ‘a longstanding aim of PCS’.

There’s an aphorism in one of author and poet Antoine de Saint Exupery’s books that says our ‘task is not to foresee the future, but to enable it’. The leadership may say national pay bargaining is a longstanding aim, and indeed Left Unity members will occasionally mention it in a speech, but evidence of them actually doing anything to enable this aim is scarcer.

While it is progress that our pay claims are no longer a demand with a flat percentile increase and little detail, it is unlikely that making ‘demands’ over departmental pay equalities in pay claims will do much. The government will point at the 1995 Civil Service (transfer of functions) Order and case law to say that departments are separate employers, and so divergence, and local negotiations, are only natural. Dealing with inequality is something we will have to force either on the picket lines or in the court room.

The Law

How does the government legally justify the disaparites in our pay for work of equal value / grading given that all civil servants work for the same employer – the Crown? Salaries, Ts&Cs, and bargaining were delegated from the centre to departments by an Order in Council in 1995 – the employer uses this state of affairs to prove that civil servants in different departments in fact work for different employers.

In 2005, this approach was upheld in the Court of Appeal in Robertson & Others v DEFRA, a case in which the PCS supported male AOs and EOs at DEFRA making an equal pay claim on the basis that women at DETR earned more for work of equal value. They brought the claim not under the Equal Pay Act, but Article 141 of the European Community Treaty, which placed a duty on states to enforce equal pay not just within an establishment, but across an entire employer – the ‘single source’ of employees pay inequalities, and the authority capable of remedying it.

However, the presiding judge, John Mummery, ruled that while the ‘general proposition’ that the Crown was the ‘single source’ of civil servants pay, terms and conditions had ‘considerable force’ (paragraph 31), he ultimately found that because of delegated negotiations, ‘neither the Treasury nor the Cabinet Office is involved in the negotiations and their approval of settlements is not required. There is no co-ordination between the different sets of negotiations’ and so the Crown was therefore not the single source (paragraph 35).

No similar test case has been brought since. But a lot has changed in 20 years – bar a sectoral/flexibility deal (approved by Treasury), and some limited tinkering around how a headline percentage increase is distributed, civil service pay remits and set in stone by the centre, as any local negotiator will know. Terms and conditions are also delegated, but dictats from the centre like the 60% attendance policy show that this departmental independence is a fiction that can be done away with if need be.

In 2013 a Supreme Court judgement noted that the EHRC believed that Robertson was wrongly decided, ‘because it did lie within the power of the Crown to put matters right’ – there is a need to support branches via legal services to allow challenges on this and less novel disparities within departments and establishments. One victory could benefit every member.

Industrial options

Trade unionists and socialists would be wise to not have any illusions who the law is made for, though. As Marx and Engels remarked, it is just another tool through which the ‘ruling class assert their common interests’. Industrial power remains our greatest weapon.

Given the sheer scale of inequalities between and within departments, it remains unfathomable that the leadership has not sought to mobilise groups, departments, regions, and branches in the union to take industrial action against pay inequalities. GMB is currently pursuing such a course with the members it represents in ASDA (where shop workers are paid £3 less an hour than those in distribution centres), and with care workers employed by different Scottish councils (where the Scottish government is the ultimate arbiter of their pay). Both these campaigns are generating significant publicity, engaging members in action (including winning strike ballots) and exerting significant industrial pressure on the employers. Why isn’t PCS agitating for similar disputes in the civil service?

IL’s motion, legal services and pay policy provide a way – vote for us

One of the more memorable slogans of the Paris revolutionaries in May 1968 was, “be realistic, demand the impossible!” The current PCS leadership has seemingly heeded the second part of this advice in their recent pay claim but decided to ignore the concurrent requirement for realism. Expressing a desire for pay coherence means nothing without a coherent plan of how it will be achieved.

IL candidates are standing for NEC elections this year as part of a coalition for change in PCS including the BLN and other independent groups. We have a manifesto and strategy that will begin to create the conditions, industrial and legal, in which PCS can fight pay disparities.

Our platform is committed to assisting and empowering reps to pursue disputes and cases over discrimination and inequalities, to build pay claims which seek to address the detrimental pay, terms, and conditions on which newer members of staff have been recruited. To support such claims, we will strengthen and open up PCS’ legal services, also a key priority of the recently re-elected, IL backed, assistant general secretary, John Moloney.

To help fulfil these ambitions, IL members have submitted motion A4 to this year’s conference. It instructs the the NEC to collect and make available granular data on pay inequalities, empower to reps to agitate, mobilise, and rise disputes industrial and legal.

But all the motions in the world will be insufficient if we continue to have a leadership set on repeating the same failed industrial strategy again and again. We need a new, radical leadership. The IL/BLN slate offers just that. 

PCS National Campaign Strategy: Sabotage or Incompetence?

The PCS NEC met last week to discuss last minute proposals from the General Secretary for this year’s national campaign strategy.

Observant members will notice that last year’s national campaign, which we were told was merely ‘paused’ has, as we predicted, been swept under the carpet, never to be spoken of again. But as a reminder – we settled on the lowest pay offer in the public sector and a £1500 bonus which the failed candidate for Assistant General Secretary told bargaining units to accept being paid pro-rata’d.

The NEC decided on a pay-claim and a national consultative ballot for strike action, which they have described as a ‘survey’, which would be carried out over 2-weeks from the 20th of February, which may or may not result in a disaggregated Civil Service statutory ballot before May.

Ballot timetable

To put this in context, branches were asked to agitate around a consultative ballot on pay, which would commence less than a week after it was announced, would last only 10 working-days and who’s demands have been sprung on members and activists at the last minute without any consultation or rationale.

The formula of a short, rushed consultative ballot with little preparation time and minimal rank-and-file engagement, followed by the potential of a statutory ballot if the response is positive is paint-by-numbers Left Unity industrial strategy. But this timetable is particularly galling.

Such a rushed ballot strategy presents 3 key issues:

Firstly, the incompetent administration of the ballot is already causing problems. From members not being sent the links on the day the ballot started, to being asked for their National Insurance Number rather than membership number to vote and hosting the ballot site on a none ‘https’ secure server. All are unnecessary barriers to participation and will reduce turnout.

Secondly, a predictably poor turnout does not provide an accurate measure of members feelings. It also provides those who would rather not move to a statutory ballot the ammunition to argue that members are not sufficiently prepared for action. The leadership have used this argument previously not to move to a statutory ballot and we should be conscious this may be the case again.

Thirdly, running potentially 2 ballots in such a short space of time is a recipe for unnecessary confusion and fatigue among members and activists. Members are potentially being asked to take part in two ballots, asking the same question within weeks of each other, and activists are being asked to turnout the vote twice over. As both ballots are conducted in different ways, more confusion is likely.

The Academic Study

The foundation of the pay claim was an academic study commissioned by the union on pay trends in the civil service overtime, but specifically since 2007. For transparency, we attach the study at the bottom of this article.

This was received by the union in January, but not shared with the NEC until just before the meeting and not shared with branches until this week.

The study illustrates the serious loss in real-terms wages since 2007, summarising that just to restore real-term earnings to 2010 levels, an average of 35% pay increases at grades AA-EO would be required.

This figure does not surprise us. Independent Left comrades both in branches and on the NEC have consistently argued that pay restoration is a key demand and that to continually carry over the same pay claim year-on-year while pay shrinks, is a tacit endorsement of real term pay losses. Historically, this has been met with ridicule, with the leadership stating that members would find a 35% pay demand to be absurd.

Pay Restoration

They say good things come in groups of 3. During the last years national campaign, the union adopted 2 tactics we had been advancing for years. Namely selective/targeted action in areas which were industrially disruptive and a levy on members subs to ensure such action could be supported.

This year, the NEC has rightfully adopted the demand of pay restoration, although one could argue too little too late considering years of real-terms pay degradation.

Pay restoration is a key demand. It’s not an arbitrary percentage rise which has no basis in the material reality of members experiences, and which isn’t tied to the increase in the cost of living. It’s asserting the principle that workers’ salaries should at a bare minimum always keep up with the cost of living. It is good it’s finally been adopted.

Lowest paid left out

Why then, hasn’t the £15/r under-pin for our worst paid members been uprated? £15/hr was in the 2022 claim and since then, we’ve had historically high inflation. It would be excellent if we simply won on pay restoration, but if we don’t achieve that, the point of the underpin was to act as a separate bargaining point for our lowest paid.

They have been sadly ignored by this claim.

Hybrid working

Many thousands of our members have since the end of the pandemic, little choice by to attend the office daily, despite proving during the pandemic they were able to do much of their work from home.

One of the key issues for hybrid workers is the move to increase office attendance from 40% to 60%. This is a widely and deeply held grievance, which if included in the claim would help to increase participation.

For non-hybrid workers a specific demand advancing the principle for flexible working where possible should be included.

Exclusion of FM workers

Once again outsourced and facilities management workers are left out of the claim. We understand this pay claim is for Civil Service Workers, but there is no reason why the demands we’ve made nationally for our outsourced workers should not sit-beside them in a joint campaign.

As it is we have a national campaign, into which most of the union’s effort is focussed with a much more secondary and in many groups like the DWP, non-existent campaign for Facilities Management workers. Workers which hold significant industrial power in our workplaces and who through a coordinated campaign could bolster leverage for all members.

So, incompetence or sabotage? Or a mixture of both?

The question for us is, is this strategy designed to sabotage the campaign from the start or is it simply a poor, incompetent plan? We will give the new leadership the benefit of the doubt and go with the latter, but there may well be members of the leadership faction who do have the inclination or capability to fight an industrial campaign.

What is telling, is that numerous NEC members have admitted in various forums that they hadn’t even read the study before voting on the claim, preferring to simply accept the claim as presented by the general secretary. Whatever your faction, the role of an NEC member is to scrutinise decisions based on the total amount of evidence. It is depressing, but not surprising that NEC members do not think this is important.

Regardless, we have a lot of work to do over the next weeks to ensure the maximum membership turnout. Vote Yes to industrial action.

What’s the alternative?

If the aim is to have a live mandate by conference in order to be able to take action in a timely fashion during this year’s pay round, we should have begun the process much earlier, on the safe assumption that the pay-remit would not be acceptable to us.

As we are where we are, we believe a better option would be to use the coming weeks to continue to ensure the foundations in branches are prepared for a statutory ballot, not to agitate around a superfluous consultative ballot.

In terms of the claim, pay restoration is good (but needs to be explained to members), but the refusal to uprate the underpin and the omittance of one of the key workplace issues of the day – flexible working – are serious oversights which could have been caught if the process wasn’t so rushed or we had a different leadership.

John Moloney re-elected: The fight for the future of the union has begun

The results of the election for the unions General and Assistant General Secretary have been announced this afternoon.

Fran Heathcote, the existing union President, and candidate of the leadership won General Secretary, only beating Marion Lloyd by 783 votes or 3.9% in the closest run General Secretary election in the union’s history.

Remarkably, John Moloney of the Independent Left defeated full-time officer Paul O’Connor by 11,705 votes to 8,152 to be re-elected as Assistant General Secretary.

The closeness of the GS result and the defeat of Paul O’Connor are remarkable for several reasons. They occur in the context of Fran and Paul being the anointed successors of Mark Serwotka, the union machine being used to profile both candidates throughout the campaign and the patronising and sometimes unedifying and desperate spectacle of celebrity endorsements.

Despite the ongoing leadership claim that PCS is a member led union, the turnout in the election was appallingly low at 11.5%. Much lower than the 19% 5 years ago, and a statistic which puts the bed the justification for bringing the elections forward made by Mark Serwotka that it would increase turnout.

In this respect the election was a failure for all candidates and damning indictment on the state of the democratic deficit in the union. If barely 1 in 10 members feels any purpose in returning a ballot for the leadership of the union, something much more fundamental than simply standing in elections with decent politics is required to rebuild the rank-and-file in PCS.

Clearly, the election of the unions first woman General Secretary is a good thing. It was, of course, a foregone conclusion before the ballots were even issued as both candidates were women.

Unfortunately, there is little evidence that the result of the GS election is going to better the material conditions of women members or members more widely for that matter.

What we heard during the campaign, echoed in the closeness of the results and overwhelming return of John Moloney as AGS, is that many members are acutely aware of the dire state the union is in and the inability and unwillingness of the leadership to change or fight for better. 

In the countless members hustings events Marion and John spoke to throughout the country, most of which were boycotted by Fran and Paul who preferred to seek support from the likes of Steve Coogan, members wanted change or through debate were convinced by the alternative as laid out by Marion and John.

Members are acutely aware that this leadership strategy this year has led to the worst pay-rise in the public sector alongside a pro-rated £1500 payment which the unions own negotiators didn’t equality check, and which therefore was disproportionately lower for part-time workers and negatively impacted UC payments. Members are also aware of the Orwellian ballot to ‘continue the campaign’ on 23/24 pay, which despite members voting ‘Yes’ has now, as predicted by us, been well and truly buried.

Throughout, Fran and Paul’s campaign vaunted the increase in pay in certain departments, not mentioning that in many cases the pay-rises had nothing to do with the union and everything to do with the rise in the minimum wage and forgetting that most members listening were profoundly conscious – particularly at this time of year – that they only got a 4.5% rise.

During the campaign, members were told of ongoing talks with the Cabinet Office on 23/24 pay, but true to type these haven’t produced a result. Largely, as predicted, because the leadership strategy has given up any leverage we had by shutting the dispute. Additionally, members haven’t had an update on talks because of the unions longstanding insistence to keep much from members for as long as reasonably possible.

On both issues, the alternative presented by Marion and John, of re-energizing the national campaign, with a more creative and combative industrial strategy and of ending secretive negotiations and opening them up to membership control won many members over.

We hope that considering John’s large mandate, he will be given the remit to carry out his platform, including that of bargaining. It’s the democratic thing to do. But we also know that to really change the union we have to win the leadership.

The combined votes for the candidates for change, Marion and John, exceeded those for Fran and Paul by nearly 2770 votes or 7%. We’re not stating this to claim Fran shouldn’t have won, but to illustrate that despite everything, our ideas got through to members.

This coalition, which throughout the campaign saw many new individuals and groups of activists join, needs to maintain the same level of unity going into the NEC elections next year.

If you agree, please consider joining us at the PCS Independent Left.