2. Memorandum from Public and Commercial
Services Union (PCS)
INTRODUCTION
1. The Public and Commercial Services union
is the largest trade union in the civil service with 300,000 members
working in government departments, non departmental public bodies
and related areas.
2. PCS has 360 members in the Equality
and Human Rights Commission, comprising over 85% of permanent
staff below director level.
3. We had offered to discuss this briefing
with the Interim Director General before his appearance before
the PAC but unfortunately the offer was declined.
4. Our members include policy officers,
lawyers, caseworkers, advisers, information officers, administrators,
regional officers, ICT and communications staff. They are all
highly committed to using their expertise and experience to ensure
that the Commission achieves the goals with which it has been
tasked as a robust, authoritative body that can deliver its remit.
PCS CONCERNS
5. PCS believe that the EHRC should be above
reproach as a government funded body (we have attached the Nolan
Principles as an Appendix to this briefing). The budget cut,
and recent revelations including the NAO report,[1]
regarding the Commission's financial and operational failings
could have a detrimental impact on EHRC's unique statutory role,
service delivery, capacity building and its essential grants programme
for voluntary bodies.
6. PCS questions how the budget cuts will
impact on how the commission plans to maintain ongoing essential
work programmes, for example the flagship Codes of Practice &
Guidance project and what impact it will have on law enforcement
or the grants programme.
7. We have grave concerns over the EHRC's
inefficient use of public money. For example we do not believe
that the commission could demonstrate value for money on their
information and communication projects. We are also concerned
that there has been an over reliance on using high profile QCs
rather than making better use of in-house expertise.
USE OF
CONSULTANTS
8. Another area where EHRC has used its
finances ineffectively has been on its expenditure on consultants.
PCS understands from written parliamentary answers that it is
the high number of temporary staff, mostly consultants, which
has led to the staff numbers exceeding the agreed complement of
525. The number of permanent staff remains at approximately 450.
9. Written answers on 19 October 2009 reveal
that the cost of interim staff in 2008-2009 was £6.2 million,
all paid from the overall staffing budget. Meanwhile, the internal
pool of talent with years of experience advising external organisations
on best practice has been wasted. PCS believe that this short
sighted approach has damaged staff morale and offers poor value
for taxpayers' money.
10. We understand that apart from a small
number of agency administrative staff, the majority of interim
staff are engaged as consultants paid between £450 and
£1,000 a day. A recent freedom of information request
revealed that one interim director alone was paid £231,750 in
ten months. Compare this with the starting salary of £15,000 for
a helpline operator.
11. We understand that the EHRC is now reducing
the number of consultants, but that gives rise to how the Commission
will maintain continuity of delivery and transfer of knowledge
when handing over to in-house staff who to date have been largely
excluded from this work.
IMPACT ON
STAFF PAY
12. Both unions and staff have been informed
that for reasons including a breach of the 2008 and 2009 pay
remits and exceeding its authorised headcount, the Commission
may not be able to award any pay increases this year. This could
not only impact on cost of living rises, but also any incremental
progression or entitlement to back pay for those staff previously
appointed at the wrong grade.
13. The impact on the morale of hardworking
staff will be demoralising because they are being penalised for
actions not of their making. Over a quarter of EHRC staff earn
less than £25,000 per year, and over half earn less
than £33,000 per year. According to a written parliamentary
answer on 19 October, over a quarter of EHRC staff have received
no pay rise or incremental progression since the Commission opened
in 2007, rising to 32% of the lowest paid administrative staff
(earning between £15,000 and £18,000 per year)
who have received no pay increase at all for over two years.
HELPLINE CUTS
14. The helpline is the public face of the
EHRC and therefore a key measure of its credibility. Staffing
levels at the helpline and knowledge centre were recently cut
from 115 posts to 65, despite a high profile TUC supported
campaign. The cuts have included the closure of the helpline team
in Manchester.
15. PCS believe that this decision was based
on a false economy in terms of service delivery. We are concerned
that stakeholders and service users were not consulted, and two
years since it opened for business, the Commission is still delaying
the public launch to promote and advertise the helpline service.
16. We have major concerns over the impact
on public services that the helpline cuts will have:
The helpline provides an essential advice
service on human rights and all six equality strands to the public,
and to organisations such as large employers, small businesses,
public and private sector bodies, schools, colleges, universities,
service providers, solicitors, students and the media. The queries
range from older people denied insurance, abuse in care homes,
forced retirement, disabled people unable to access work or services,
and parents or carers denied flexible working to remain in employment
rather than rely on state benefits.
Calls are increasing to a large extent
because of the impact of the recession a point recognised
by ministers who have recently emphasised the need for individuals
and employers to be more aware of their legal rights and duties
when making redundancies.
Since job cuts have been introduced,
the helpline has been increasingly run as a regimented call centre
operation. Callers are waiting in queues of up to an hour, and
if they request a call back are allowed limited scope to specify
a time. If the helpline adviser does not reach the caller at the
first attempt, they are under instruction not to leave a message
or call again.
The outcome of such an inadequate system
is that more members of the public are likely to go to a high
street solicitor who immediately lodges an employment tribunal
claim on a no-win no-fee basis, increasing the burden on employers
who will face being tied up defending more ET claims and their
associated costs. In contrast, an experienced helpline adviser
can often suggest ways for the caller to resolve the situation
without recourse to legal action and save on expenditure.
17. The EHRC has recently awarded £4.2 million
in grants to voluntary sector bodies offering legal advice on
equality and human rights issues. PCS supports this important
funding for voluntary organisations, but that should not be a
reason to cut the in-house advice service. Unlike external advice
providers, the helpline is a cost effective way to feed emerging
sectoral issues, strategic legal concerns or knowledge gaps requiring
employer capacity building into the EHRC's legal and policy development.
18. As well as hampering service delivery
PCS believe that the helpline staff cuts are also a waste of taxpayers'
money. £450,000 was spent on the recruitment and training
of helpline staff only two years ago. We also estimate that over
£500,000 has been spent on consultants to take forward
the helpline restructuring. We believe this money would have been
better spent on promoting this service to the public.
19. PCS strongly believe that the EHRC should
reverse its decision and prioritise a service which will benefit
some of the most vulnerable people in society as well as employers.
STAFF TURNOVER
20. Low morale is leading to an increased
number of staff leaving the EHRC. This is resulting in a loss
of expertise. These are staff who chose to join the commission
two years ago, eager to play their part in developing a new equality
agenda to benefit all UK citizens. PCS are concerned that the
high number of costly consultants, staff departures and low morale
will adversely affect output, and create a negative financial
impact.
30 October 2009
Appendix
THE NOLAN
PRINCIPLES
THE SEVEN
PRINCIPLES OF
PUBLIC LIFE
Selflessness
Holders of public office should take decisions
solely in terms of the public interest. They should not do so
in order to gain financial or other material benefits for themselves,
their family, or their friends.
Integrity
Holders of public office should not place themselves
under any financial or other obligation to outside individuals
or organisations that might influence them in the performance
of their official duties.
Objectivity
In carrying out public business, including making
public appointments, awarding contracts, or recommending individuals
for rewards and benefits, holders of public office should make
choices on merit.
Accountability
Holders of public office are accountable for
their decisions and actions to the public and must submit themselves
to whatever scrutiny is appropriate to their office.
Openness
Holders of public office should be as open as
possible about all the decisions and actions that they take. They
should give reasons for their decisions and restrict information
only when the wider public interest clearly demands.
Honesty
Holders of public office have a duty to declare
any private interests relating to their public duties and to take
steps to resolve any conflicts arising in a way that protects
the public interest.
Leadership
Holders of public office should promote and
support these principles by leadership and example.
These principles apply to all aspects of public
life. The (Nolan) Committee has set them out here for the benefit
of all who serve the public in any way.
1 National Audit Office-Report of the Comptroller
and Audit General to the House of Commons, 18 June 2008 Back
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