Civil Service Division - Report 2017-2019 - Forsa
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Civil Service Division Report 2017-2019
PRODUCED BY DESIGNED BY COVER PHOTOS
Fórsa Communications Unit N. O’Brien Design & Print Delegates attending the 2018
Nerney’s Court, Dublin, D01 R2C5. Management Ltd. Civil Service Divisional Conference.
Ph: 01-817-1500 c/o Kempis, Jamestown Photos: Domnick Walsh.
Business Park, Jamestown Road,
Finglas, Dublin, D11 X2HN.
Ph: 01-864-1920
Email: nikiobrien@eircom.net
Civil Service Division Report 2017-2019
Report 2017-2019
Contents
ORGANISATION ....................................................4 Zero-hour contracts ........................................17
Creation of Fórsa ..............................................4 Bogus self-employment..................................17
PAY AND RELATED ..............................................5 CIVIL SERVICE-WIDE ISSUES ......................18
Public service pay restoration ..........................5 Access to the WRC and Labour Court ..........18
Additional superannuation contribution ..........6
Higher scales ..................................................18
New entrants ....................................................7
Leave and related issues ................................18
Recruitment and retention issues ....................7
Shared services ..............................................18
Starting pay on promotion ................................9
Mobility scheme ..............................................19
Gender pay gap..................................................9
Allowances ........................................................9 Probation guidelines ......................................19
Overtime ............................................................9 Disciplinary code ............................................19
Travel and subsistence......................................9 Attendance management ..............................20
Artificial intelligence and robotics ................20
Red weather alerts..........................................21
PENSIONS ..........................................................10
Promotion policy ............................................21
Public service retirement age ........................10
Sequence arrangements ................................21
Public service final salary schemes ..............10
Temporary clerical officers ............................22
Single career average scheme ......................10
ICT apprenticeships ........................................22
Treatment of parental leave............................11
Survivor pensions for same sex couples ......11
Auto-enrolment ..............................................11
DEPARTMENTAL ISSUES ..............................23
Eligibility for State pension ............................12
Department of Employment Affairs
Tax relief on pension contributions ................12
and Social Protection......................................23
Revenue Commissioners ................................24
WORKING CONDITIONS..................................13 Department of Agriculture,
Working time....................................................13 Food and the Marine ......................................24
Parental leave..................................................13 Department of Justice ....................................25
Sick leave ........................................................14 National Shared Services Office....................26
Outsourcing, agency staffing and FGE grades......................................................26
DIVISIONAL EXECUTIVE related issues ..................................................14
Front row: Alan Duffy, Michelle McCaffrey, Rhona McEleney, Kathleen McGee, Tom Madden, Cliodhna McNamara, Audrey Lyons.
Second row: Deirdre Mehigan, Alan Hanlon, Debbie Brennan, Jean Taylor. Equality............................................................14
Third row: Eimear Codd, Helen Linehan, Liam McLoughlin, Ann McGee. Health and safety............................................17 APPENDIX: SALARY SCALES ........................27
Fourth row: Terry Murphy, Brian Redmond, Geraldine O’Brien, Sue Kelly.
Fifth row: Betty Tyrrell Collard, Melissa Brennan, Eugene Quinn, Kevin Melinn.
Sixth row: Gerry Wilson, Paul MacSweeney, Derek Mullen, Niall McGuirk.
Back row: Michael Crowe, Paul Moyer, George Maybury, Eddie Quinn, Eugene Dunne.
Missing from picture: Ronán Bolger, Daniel Copperthwaite, Stephanie Kelly, Sean Lowde, Dermot McAuley, Jack O’Connor, Kieran Sheehan
Civil Service Division Report 2017-2019
Pay
Organisation and related
Creation of Fórsa The union held its first delegate conferences in Public service pay restoration international comparisons of public service pay
April 2018, when a new divisional executive and living costs, the value of public service
Fórsa came into being on 2nd January 2018 committee was elected at the Fórsa Civil Pay and pension levy adjustments under the pensions, and security of tenure relative to the
through an amalgamation of the Civil, Public and Service divisional conference. Transitional 2015 Lansdowne Road agreement ensured private sector. The ICTU Public Services
Services Union (CPSU), the Irish Municipal, arrangements, designed to ensure that the Civil that, by April 2017, virtually all public servants Committee (PSC), which represents the vast
Public and Civil Trade Union (IMPACT), and the Service divisional executive fairly represented had experienced some pay restoration, while majority of the country’s civil and public service
Public Service Executive Union (PSEU). The new members from each of the three amalgamating those earning below €28,000 had gained full unions, made two written submissions to the
union represents over 80,000 members across unions, were in place between 2nd January restoration of the pay and pension levy-related Commission, and PSC officers met with the
the civil and public services, commercial and 2018 and the first Civil Service divisional cuts. A final payment under the deal, which was Commission on a number of occasions.
non-commercial semi-state organisations, the conference. There are also more long-standing worth €38.33 a fortnight before tax, was
community and voluntary sector, and private transitional arrangements that guarantee that brought forward from September 2017 to April The Commission made its report to the Minister
companies in aviation, telecommunications and the constituencies represented by the three 2017 following negotiations between public for Public Expenditure and Reform in May
elsewhere. Fórsa is the second largest union in unions that amalgamated have fair service unions and the Department of Public 2017. Talks on a new public service pay
the country, and by far the strongest and most representation on the divisional executive and Expenditure and Reform (DPER), which took agreement started later that month and
influential trade union voice in the civil and all-union National Executive Committee (NEC). place between December 2016 and January concluded in June 2017. The outcome was the
public service and semi-state sector. These are in place until May 2024. 2017. Public Service Stability Agreement (PSSA),
Members gave the amalgamation, which was which was strongly backed by members of the
In May 2016, the Government also bowed to
the result of over two years’ work and three unions that later amalgamated to form
union demands for early talks on a successor to
consultation, a strong endorsement in ballot the HRA, which was originally meant to expire in Fórsa, along with unions representing a large
results announced in November 2017. Public September 2018. Negotiations took place in majority of public service workers. The ICTU
Service Executive Union (PSEU) members voted May and June 2017 after the publication of the Public Services Committee backed the deal by a
70% in favour of the move, while those of the first report of the Public Service Pay margin of over 80% in an aggregate ballot in
Civil, Public and Services Union (CPSU) gave an Commission (PSPC), which was established September 2017.
endorsement of 76%. IMPACT members who under the Programme for Government in The PSSA, which came into force in January
voted backed the merger by a margin of 86% to October 2016.
14%. A fuller report on the amalgamation was 2018, now governs pay and related matters for
published in an update to the union’s first The PSPC report addressed the process of virtually all civil and public servants, as well as
national conference, which took place in May unwinding the Financial Emergency Measures in staff in non-commercial semi-state
2018. the Public Interest (FEMPI) legislation, which organisations and ‘section 38’ agencies where
introduced and underpinned the public service pay scales follow the public service. By the time
pay cuts and pension levy. The PSPC also it expires, on 31st December 2020, over 90%
considered factors that are usually taken into of civil and public servants will earn as much as,
account in public service pay determination or more than, they did when pay cuts and the
including recruitment and retention issues, pension levy were introduced during the crisis.
4 5
Civil Service Division Report 2017-2019
those in the older scheme. And, with effect from address this problem. Following detailed
January 2019, the ‘additional superannuation discussions and inputs from Fórsa and other
n 1st January 2018: 1% pay adjustment
Summary contribution’ is no longer payable on non- unions, this resulted in a solution of the pay
n 1st October 2018: 1% pay adjustment pensionable elements of incomes, including scale issue, though not the allowances issue, in
of income n 1st January 2019: Additional superannuation
non-pensionable overtime payments. 2018. This was achieved at least two years
earlier than the PSSA originally provided for.
adjustments contribution threshold up from €28,750 to €32,000
(worth €325 a year). 1% pay increase for those who Under these measures, new entrants will skip
don’t benefit (ie, those earning less than €30,000 a New entrants two points – the fourth and the eighth – on each
year) pay scale. Fórsa welcomed this outcome
The term ‘new entrants’ refers to people who because it ensures a fair outcome for new
n 1st September 2019: 1.75% pay adjustment
started work in the civil and public service, and entrants regardless of their length of service.
n 1st January 2020: Additional superannuation organisations linked to it for pay purposes, after Fuller details of the outcome are available on the
contribution threshold increased to €34,500 (worth 2011 when inferior pay scales for new staff union’s website.
€250 a year). 0.5% pay increase for those who don’t were imposed by the Government without
benefit (ie, those earning less than €32,000 a year) agreement.
n 1st October 2020: 2% pay adjustment Although those inferior scales, which were Recruitment and retention issues
n 31st December 2020: Agreement concludes. worth 10% less at every point of each scale,
were abolished at unions’ insistence under the The Public Service Pay Commission’s (PSPC)
2013 Haddington Road agreement, new original 2017 report, which preceded the talks
entrants continued to have longer pay scales that led to the PSSA, identified recruitment and
The agreement saw pay increase by 1% on 1st examination of the adequacy of current pay
arrangements, and to resolve ongoing than their longer-serving colleagues, with two retention issues that had been raised by unions
January 2018, and by another 1% on 1st
October 2018. Further income boosts were difficulties with the smooth operation of parts of in respect of specific grades. These included
lower pay points at the beginning of each scale.
implemented on 1st January 2019, with a 1% the agreement. submissions for civil service clerical,
In some grades, allowances that made up a
pay increase for those earning less than administrative, executive, technical and
The union had already told the Government that significant part of overall income were also
€30,000 a year. Those who earn more professional grades. Under the agreement,
other grades will expect similar opportunities to abolished for new entrants.
benefited instead from an increase in the unions were able to make further submissions to
have their pay reviewed during the lifetime of The PSSA established a process, involving the the PSPC in respect of these grades. The
‘additional superannuation contribution,’ which
the agreement. Throughout 2018 and early Public Service Pay Commission (PSPC), to Commission was tasked with analysing the
replaced the pension levy as part of the
2019, Fórsa reiterated its view that all civil and
agreement. Further improvements are due on
public servants, and their unions, must be
1st September 2019, 1st January 2020, and
treated equally under the Public Service
1st October 2020 (see table). Pay scales were
Stability Agreement (PSSA).
updated on the Fórsa website to reflect the 1st
January 2019 and earlier adjustments.
As this report was being finalised, Fórsa and
other unions were studying the implications of a
Additional superannuation
February 2019 Labour Court recommendation contribution
regarding nurses' pay and grading, and awaiting
Incomes were also improved in January 2019 by
the outcome of a related contract negotiation
an increase in the threshold for payment of the
and ballot. At its February 2019 meeting,
‘additional superannuation contribution,’ which
Fórsa’s National Executive Committee (NEC)
replaced the pension levy under the PSSA. A
noted that, while ministers had expressed the
further increase in the threshold is due in
view that the Labour Court recommendation
January 2020. Different arrangements apply to
was in line with the PSSA, Fórsa officials had
members of fast accrual schemes, mainly
been assured of continued engagement
certain uniformed grades.
between the Department of Public Expenditure
and Reform and the ICTU Public Services The agreement also saw the resolution of two
Committee on the broader implications of the outstanding ‘additional superannuation
outcome. The NEC said this engagement must contribution’ anomalies. From January 2019,
address any changes in the assumptions staff who joined the public service after January Stephanie Kelly,
underlying the agreement, and noted that 2013, and who are in the single public service Edel Meaney and
clause 8.4.2 of the PSSA allows for this. The pension scheme introduced at that time, pay Bernie O’Gorman,
Clare Civil Service
executive also took the view that ongoing only two-thirds of the additional contribution Clerical Branch.
engagement between unions and DPER must rate. This figure will fall to one-third from
continue to discuss the possibility of a general January 2020, reflecting the fact that the
pay review mechanism to allow a full benefits of the single scheme are different from
6 7
Civil Service Division Report 2017-2019
causes of the problems in each area, and pace with those available in comparable private Starting pay on promotion for lower-paid workers in Ireland, but had not
recommending options to deal with them. sector jobs. It said State bodies were finding it impacted on the wage gap at higher salary
However, it was not empowered to recommend difficult to recruit a wide range of staff including Fórsa has agreed a new civil service starting levels. This is because women are more likely
increases in pay scales. cleaners, solicitors, meteorologists, radio pay on promotion circular with management. than men to work in low paid jobs.
officers, technical agricultural officers, valuers, This simplified approach will abolish the
Fórsa fought for, and welcomed, this provision in The PSSA commits management in each sector
Oireachtas researchers, translation staff, and principle of marking time on a scale, which is a
the agreement and said all professions and of the civil and public service to monitor
special education needs organisers, and that substantial improvement for civil servants
grades must be treated equally by the progress on gender balance in career
service quality was being strained as a result. promoted through open competitions. Those
Government in its response to the Pay progression.
Fórsa called on civil service management to be currently marking time on promotion or
Commission’s findings. appointment to higher or analogous grades will
given the flexibility to pay staff above the usual
The Government approved the terms of entry rates, where necessary, in order to attract be brought on scale at their next incremental
reference for the PSPC’s examination in October suitably qualified staff. date. However, no retrospection from any earlier Allowances
2017, after which the PSPC invited date will apply.
As this report went to print, the Commission had The legislation that gave effect to the PSSA
submissions from unions representing grades The circular also provides for incremental provides for the restoration of an earlier 5% cut
completed its examination of nursing, medical
identified in its original report. The union made progression for staff in analogous grades who in allowances from 2020. Fórsa and other
consultant, and some military grades. But work
submissions for its grades cited in the report move from the public to the civil service. It was unions have held meetings with Finance Minister
its work on Fórsa grades had not begun. In
late in 2017. not possible to reach a similar agreement for Paschal Donohoe on this issue, and are pressing
November 2018, the union called on the PSPC
In a submission on civil service grades the union to press on with examinations of recruitment non-analogous grades and this issue has gone for an earlier restoration date.
said the State was struggling to recruit staff in and retention difficulties in the other areas cited to arbitration. The circular sets out the starting
many areas because salaries were not keeping in its 2017 report. pay rules in detail.
Overtime
Gender pay gap With effect from January 2019, the PSSA
removed ‘additional superannuation
Over the last two years, Fórsa has been at the contributions’ on non-pensionable elements of
forefront of the trade union campaign for civil and public service incomes, including non-
legislation on gender pay gap reporting to pensionable overtime payments.
encourage employers into tangible action to
bridge the gap, which currently stands at an
average of around 14% in Ireland. In November
2018 the union was part of an Irish Congress of
Travel and subsistence
Trade Unions (ICTU) delegation that gave The standard overnight rate of civil service
evidence to the Joint Oireachtas Committee for expenses was increased to €147, in line with
Justice and Equality, which was examining the inflation, following agreement at Civil Service
general scheme of the Gender Pay Gap General Council in November 2018. There were
Information Bill. The Bill would establish no changes in motor travel or foreign
mandatory reporting by employers on the subsistence rates. An official circular setting out
gender pay gap in their organisations. The revised subsistence allowances was issued to
measure would first be applied in firms with 250 civil service departments.
or more employees, but that threshold would
drop to 50-plus over time. The legislation would
also require reporting on differences in bonus
pay, part-time pay and the pay of men and
women on temporary contracts.
In June 2018, Fórsa criticised the Government
for publishing its own Bill on the issue, rather
than amending an existing opposition Bill that
was already well advanced. The union said the
move would delay the introduction of pay gap
ICTU Public Services
Committee officers at the 2017 reporting. A December 2018 report by the
pay talks. Left to right: Sheila Nunan Economic and Social Research Institute (ESRI)
(INTO), Tom Geraghty (PSEU) found that the introduction of the statutory
and Shay Cody (IMPACT).
minimum wage had reduced the gender pay gap
Photo: rollingnews.ie
8 9
Civil Service Division Report 2017-2019
scheme are different from those in the older Survivor pensions for same sex
Pensions
scheme.
couples
Under the single public service scheme, accrued
benefits and pensions in payment are uprated in The Social Welfare, Pensions and Civil
line with annual movements in the consumer Registration Bill, 2018 amended the 1990
price index (CPI), including negative movements. Pensions Act to give a right, in certain
Since the establishment of the scheme in 2013 circumstances, to spousal pension benefits for
the following adjustments were made: same-sex spouses and civil partners who are
members of occupational pension schemes.
Public service retirement age Public service final salary
n 12 months to December 2014: -0.3% Auto-enrolment
The age of eligibility for the State pension was schemes
increased to 66 in 2014. Because of this, the n 12 months to December 2015: 0.1%
For the duration of the Public Service Stability Employers are to be legally obliged to include
compulsory public service retirement age of 65 Agreement (PSSA), public service pensions have n 12 months to December 2016: 0.0% their employees in a pension scheme, and make
meant that many public servants were forced to essentially returned to the pay-linked method of contributions to the fund, on foot of a new
retire before they could draw a significant part n 12 months to December 2017: 0.4%
adjustment, which was in place until the onset of Government scheme outlined in late 2018 on
of their retirement income. The Public Service the financial emergency. This means that basic n 12 months to December 2018: 0.7% foot of union submissions. Ireland is currently
Stability Agreement (PSSA) enabled Fórsa to PSSA pay increases will be passed on to those one of only two OECD countries without
address this issue in discussions with the who retire on or after 1st March 2012 in nearly mandatory earnings-related pension savings
Department of Public Expenditure and Reform all cases. The pay increases will be passed on to and, at present, 35% of workers are not in an
(DPER). pre-March 2012 retirees if the pay level on occupational pension scheme.
In 2018, the Government bowed to union which their pension is based does not exceed Fórsa backed these ‘auto-enrolment’ proposals
Fórsa has repeatedly called for all members of
pressure and agreed to legislate to give civil and the existing pay level of serving staff in the at its national conference in May 2018 because
the scheme to receive annual benefit
public servants the option to retire at any age same grade and pay scale point. Fórsa will seek they would benefit tens of thousands of workers
statements. Although this is required by law,
between 65 and 70 if they chose. Pending the the continuation of this arrangement in any who currently have no occupational pension,
most are not receiving them at present. The
enactment of legislation, limited interim negotiations on a successor to the PSSA. including a small but significant number of
union has also demanded that a scheme for the
arrangements, which allowed the re-hiring of Changes to the pension levy (now called the purchase and transfer of pension benefits be Fórsa-represented grades who deliver public
public servants who wanted to stay in work until ‘additional superannuation contribution’) put in place. Transfer tables were agreed services. The new automatic enrolment scheme
they were eligible for the State pension, were introduced under the PSSA saw pensions worth between the ICTU Public Services Committee targets low and middle income earners to
put in place. But those who exercised this option up to €34,132 a year exempted entirely from and the Department of Public Expenditure and ensure they save towards a financially secure
were placed on the first point of the non- the additional contribution from 1st January Reform in 2016. retirement, with financial contributions from
pensionable pay scale, and were not able to 2018. The exemption threshold was increased their employer and the State.
make further pension contributions. A ‘single scheme estimator tool,’ which indicates
to €39,000 in January 2019, and will be In November 2018, the Government issued a
the retirement benefits that public servants
The legislation that gave the option to retire up further increased to €54,000 in January 2020. draft proposal on how the scheme could work.
hired after 1st January 2013 can expect,
to age 70 was passed into law over Christmas became available in the autumn of 2018 Under these proposals, workers would have to
2018. It also required the finance minister to following pressure from Fórsa. The tool covers contribute up to 6% of their salary towards their
outline potential remedies, within three months, pension pot, with employers having to match
for public servants who had been forced to
Single career average scheme standard-grade members of the single public
that amount. The state would then pay €1 for
service pension scheme who are currently
retire between 6th December 2017 and the Staff who joined the public service after January employed in pensionable posts. every €3 the worker contributes. Participation
commencement of the new law. Fórsa has 2013 are members of the single public service in the scheme would be compulsory for workers
argued that these workers should be given the pension scheme, which gives accelerated for six months, after which they could opt out.
option to extend their 12-month retention accrual of benefits on earnings up to 3.74 times Workers could also suspend their contributions
arrangement up until age 70, and get the contributory state pension. This takes the Treatment of parental leave in limited circumstances, but employer and
increments due to them during this period, but form of 0.58% of gross pensionable State contributions would also cease if an
the Government subsequently refused to do Revised arrangements for the accrual of
remuneration up to this threshold without any employee stopped saving.
this. pension while on parental leave have been in
offset for integration with the social welfare The Irish Congress of Trade unions (ICTU)
place since 9th February 2018. These mean
Public servants recruited after 1st April 2004 system. From the end of March 2019, earnings welcomed the proposals in principle, but said
only two days of reckonable service, rather than
were not covered by the new legislation because up to €48,457 will benefit from the formula. they should be strengthened significantly.
four, are deducted from staff who take parental
they already either have no compulsory Members of the single public service scheme, leave that includes the last working day before, Unions want older workers to be included in the
retirement age or the ability to retire up to age have paid only two-thirds of the ‘additional and the first working day after, a weekend. It scheme which, as it currently stands, would only
70. superannuation contribution’ (formerly the was subsequently agreed that the records of include workers aged between 23 and 60 who
pension levy) since January 2019. This figure staff who took parental leave before that date earn more than €20,000 a year. Congress
will fall to one-third from January 2020, should be amended on a case-by-case basis at wants this expanded to 16-60-plus with no
reflecting the fact that the benefits of the single their time of retirement. income threshold. Congress also wants
10 11
Civil Service Division Report 2017-2019
contributions to be collected by the Revenue ‘total contributions approach to eligibility for
Commissioners in the same way as social State pensions.’ The Congress submission
insurance, and for the State contribution to be covered the design parameters of the scheme to
valued at €1 for every €2.50 a worker saves, be introduced to calculate entitlement to the
with an employer contribution of 7% on all contributory state pension.
Working
earnings. It also wants the employee
contribution to be graduated up to €20,000 a
year with a flat 5% rate on all additional
earnings. Tax relief on pension contributions
ICTU also called for State provision of annuities With input from Fórsa, The Irish Congress of
conditions
for small pension pots. This would take the form Trade Unions (ICTU) made a submission to a
of a top-up payment on the State pension, Government public consultation on pension
similar to an earnings-related pension system. reform, which is focusing on the cost of tax
Congress recommended that the scheme be relief on pension contributions. Congress
mandatory, with a time limited ‘contribution expressed opposition to any fundamental
holiday’ facility for workers which can be changes, pointing out that some 620,000
claimed as a single continuous period or a workers receive tax relief on pension
number of separate periods, and says low contributions. Because tax supports are
income workers and sole traders should be provided at the marginal income tax rate,
automatically enrolled. workers with annual earnings above €34,550 Working time an executive motion committed the union to
work with others to reduce working time in all
get relief at the 40% rate. In 2017 the average Fórsa is committed to seeking to reverse sectors of the economy.
wage for a full-time worker was €45,611. Any
increases in working time introduced in the civil
reduction in the rating of tax expenditure would, The PSSA also commits management to
and public service during the economic crisis.
Eligibility for State pension therefore, adversely affect every worker earning ensuring that work-life balance arrangements,
Although there was no general reduction in
more than three-quarters of the average wage. including flexible working, are available to the
Fórsa was involved in the development of an working hours under the Public Service Stability
Irish Congress of Trade Unions’ submission greatest possible extent across the civil and
Agreement (PSSA), the deal gave staff the
regarding a Government consultation paper on a public service. It says disputes on local and
option of a permanent return to ‘pre-Haddington
sectoral implementation of work-life balance
Road’ hours on the basis of a pro-rata pay
arrangements can be processed through normal
adjustment. Staff were able to opt into this
disputes resolution processes.
arrangement at the beginning of the agreement
(January-April 2018) and can do so for a period
after it expires (January-April 2021). The
agreement also contains a provision to enable Parental leave
annual leave to be converted into flexitime.
Although these two provisions fall far short of Fórsa welcomed long-overdue Government
the restoration of additional hours introduced plans, announced in late 2018, to increase paid
for some civil and public servants under the parental leave from two to seven weeks for each
2013 Haddington Road agreement, they do parent by 2021. Along with existing paid
give options to staff for whom time is more maternity and paternity leave, the change would
important than money. However, the uptake of increase to 42 weeks the amount of paid leave
both options has been relatively low. available to new parents during the first year of
a child’s life. It followed the announcement that
In November 2018, Fórsa added its voice to two weeks’ paid parental leave would be rolled
international trade union demands for reduced out late in 2019.
working time to ensure that workers share the
benefits of increased productivity from The developments stem from a recent EU
technological change. This is often expressed in directive on work-life balance, which obliges
terms of the introduction of a four-day week governments to increase access to paid
parental leave for both parents. Payment will be
with no loss of pay. In 2018, the union
at the same rate as prevailing maternity and
Bridget McGonagle and
organised an international conference on the
paternity leave, which is currently €245 a week.
Maria Gallagher, future of working time, which brought together
The paid leave must be taken in the first year of
Buncrana General Branch. trade unionists and working time experts from
a child’s life.
Ireland, Germany and the UK. This was part of
the union’s response to the large number of Meanwhile, in February 2019, legislation to
motions about working time submitted to extend unpaid parental leave from 18 to 26
Fórsa’s national conference in May 2018, when weeks, and increase the child’s qualifying age
12 13
Civil Service Division Report 2017-2019
from eight to 12 years, was again backed by the Outsourcing, agency staffing and Parental leave Disability rights
Government after it appeared to have Fórsa welcomed the new provision of paid The union welcomed the ratification of the UN
withdrawn support. Although Fórsa welcomed related issues parental leave, which was introduced in Convention on the Rights of the Disabled, and
this development, reports that the proposal Despite management attempts to water them November 2019. This welcome first step gives continues to lobby Government to improve the
would be implemented over a two-year period down substantially, the PSSA retains all the parents of both genders access to paid leave. It availability of services for the people with
instead of immediately were seen as outsourcing protections that unions won in will involve a new social insurance parental disabilities and employment rights for disabled
disappointing. As this report went to print, the benefit payment for employees and the self- workers.
negotiations that led to the earlier Croke Park
Parental Leave (Amendment) Bill had passed all employed, which is to be paid for two weeks for
(2010) and Haddington Road (2013)
stages in the Dáil and was set for detailed each parent of a child in their first year. The Family leave
agreements. The agreement also requires
examination by an Oireachtas committee. Government proposes to increase this to seven Fórsa is examining civil service family leave
management to engage with unions with a view
extra weeks over time. This means that all new issues arising from various conference motions,
to minimising the use of agency staff. And it
mothers and all new fathers with a child under
includes safeguards over the use of internships, including leave to accompany elderly or young
one year of age will be able to apply for this
Sick leave clinical placements, work experience, and job leave, along with the normal maternity, adoptive,
relatives to medical appointments. Management
activation measures, saying there must be has referenced recent significant changes in
The critical illness protocol (CIP), which governs paternity and unpaid parental leave
“agreement on protocols” regarding such entitlements. The Government also proposes to bereavement leave, which covered 40
public service arrangements for those on long- programmes. organisations and 37,000 staff, and said this
term sick leave, was improved in early 2018 to increase the legal limit for parental leave to 12
years. In the meantime, there is no prospect of would make it very difficult to secure additional
allow more managerial discretion about what
changing the eight-year-old legal limit, or the improvements in family leave in the short term.
constitutes a ‘critical illness’ in cases where the
civil service administrative limit of 13 years. The union suggested allowing staff to carry a
precise medical criteria are not met. New ‘CIP Equality bank of leave for family emergencies, and
managerial discretion guidelines,’ negotiated
The union has established new equality believes the official side may be receptive to
with Fórsa and other unions, make it clear that
managers have the flexibility to accept illnesses networks to ensure that equality issues are this in the longer term.
as ‘critical’ even if they have not quite met the discussed and progressed within workplaces,
threshold on the basis of medical certification. branches and divisions. The Women’s Activist
An appeals mechanism against unfavourable Network was successfully launched by ICTU
management decisions, with access to third General Secretary Patricia King in November
party adjudication, was also put in place. 2017. Our new Disability Rights Network was
launched by Minister for Disabilities Finian
The CIP arrangements for the ‘protective year’ McGrath TD in April 2019. Further work is
were also improved. The protective year allows underway to organise national events promoting
staff who return to work following a critical
traveller rights, racial equality and improved
illness to avail of remaining CIP leave for
rights for LGBT members.
subsequent non-critical illnesses or injuries
within one year of their first date of absence. Fórsa’s workplace representative training
This protective year period will now begin on the programme continues to provide workplace
date of return, which means more support for equality training for large numbers local
those returning from a serious illness who then representatives. Our annual Inspire training
suffer a routine health problem in the following days, which took place in 2018 and 2019, were
12 months. very successful in empowering women activists
Fórsa was involved in discussions about the to stand for election.
calculation of certain types of sick leave in the
one year/four year look back periods, and on the Gender pay gap
application of temporary rehabilitation Fórsa campaigned strongly over the last two
remuneration (TRR). In the absence of years for the introduction of mandatory gender
agreement, the matter was referred to the pay gap reporting to compel employers to
Labour Court, which issued a recommendation disclose their gender pay gap. The union gave
in November 2018. As this report went to print, evidence as part of the ICTU delegation to the
the union was awaiting departmental Justice and Equality Select Committee in
regulations to give effect to this outcome. November 2018 on the need to introduce
robust legislation that encompassed all Speakers and panellists at
Fórsa's 2019 'INSPIRE'
employers and required the publication of training for women activists.
accurate data on the gender pay gap. The union
also said remedial action would be needed to
reduce the gender pay gap in each employment.
14 15Civil Service Division Report 2017-2019
Superannuation A new European Union directive on carcinogens
Fórsa asked the Department of Public will be put in place in 2019. This has come as a
Expenditure and Reform to ensure that staff are result of more 100,000 deaths attributed to
fully aware of the implications for cancers caused by working conditions across
superannuation benefits of job sharing, special EU member states each year.
leave and other arrangements.
Shorter working year
The union has sought greater consistency in the Zero-hours contracts
application of the shorter working year scheme, In January 2019, Fórsa welcomed the
as well as an expansion of the options available introduction of legislation which bans zero-hour
to allow leave to be taken in blocks of one, three, contracts in virtually all circumstances. The
five, seven, nine, 11 or 12 weeks. The current Employment (Miscellaneous Provisions) Act,
scheme allows leave to be taken in blocks of 2018, passed through both houses of the
two, four, six, eight, ten or 13 weeks. It also Oireachtas in December and was signed into
permits three separate periods, provided that law on Christmas day 2018. The legislation,
none are less than two weeks and the total does which came into force in March 2019, includes
not exceed 13 weeks. Management has agreed provisions on minimum payments for employees
to review this issue, and to consider the called in and sent home again without work. It
availability of 1.5 days of FWH leave for work- also requires employers to give workers basic
sharers on a 75% pattern of attendance, and terms of employment within five days. Unions,
the continuation of work-sharing following which had campaigned hard for these reforms,
promotion. said there was still an urgent need for greater
protection for workers in the so-called gig
E-working economy.
Management has agreed to consider the union’s
request for more formal guidelines on e-working.
Current arrangements vary considerably across
civil service departments. Bogus self-employment
Review of equality and diversity policies In February 2019, the Irish Congress of Trade
A review of civil service equality and diversity Unions (ICTU) released a policy-summarising
policies is to begin in 2019 in the context of a factsheet on bogus self-employment as part of
‘people strategy.’ Information on the gender its continuing campaign on the issue. The
make-up of grades will be provided to the union. factsheet addresses the negative impact of
deliberate misclassification of employees on
Don Deane (CSO Cork workers, the state and society. The term ‘bogus
Branch), Deirdre Fanning
(Shannon Transport Clerical
self-employment’ describes situations where
Branch) and Brian Burns Health and safety employers deliberately misclassify workers as
(OPW Branch). self-employed subcontractors in order to pay
Fórsa is an active participant in the Irish them less, reduce their social insurance and
Congress of Trade Union’s Health and Safety pension contribution requirements, dodge
Committee, which has been raising awareness benefits like sick leave, and avoid meeting basic
of work-related mental health, and has been employment law protections.
working with the Health and Safety Authority to
increase the number of safety representatives in
Irish workplaces.
The number of workplace-related accidents fell
by 23% in 2018, according to the Health and
Safety Authority (HSA). Thirty-seven people lost
their lives in workplaces, which was ten fewer
than in 2017 and the lowest figure since the
establishment of the HSA in 1989.
16 17Civil Service Division Report 2017-2019
pay had been affected, and 6% said pension The treatment of transfers from the city centre
payments had been hit. The largest single to suburban offices is a significant issue in the
problem encountered was overpayments, which Dublin-phase talks. There are also concerns in
departments that are already experiencing
Civil Service-wide
staff must repay (23%), followed by problems
with sick leave reconciliation (21%), annual significant levels of staff churn. Other issues
leave (19%), payment of increments (17%), pay include reasonable accommodation for civil
adjustments following promotion (13.5%), servants with disabilities. Fórsa has achieved
underpayments (9%), pensions and parental revisions to the terms of the scheme to ensure
issues
leave (7% each). that staff with disabilities have equal
opportunities to access the mobility scheme,
Some 67% said there were delays resolving and to avoid unintended negative impacts on
their problem and 53% complained of poor staff members with disabilities.
communications. While 31% said they were
satisfied with the way their query had been
processed and resolved, 37% said they were
Access to the Workplace contemplating a third-party referral. The annual not. Almost a third said they were still awaiting Probation guidelines
leave circular is to be reviewed shortly and the an outcome. Only 15% said they had registered
Relations Commission and Labour union will seek to abolish the three-year carry- a formal complaint, with over half saying they
The union has reached agreement on new
guidelines governing the management of
Court over rule, which can cause difficulties including were unaware of complaints procedures. probation in the civil service. These guidelines
a loss of leave.
Discussions with the Department of Public should bring a level of consistency across
Expenditure and Reform about civil servants’ It has also been agreed that statutory annual departments and organisations in the treatment
leave accrues when an individual is on TRR of staff on probation, following both recruitment
access to the Workplace Relations Commission
and/or zero rate of pay due to certified sick
Mobility scheme
(WRC) and Labour Court resumed. This move will and promotion.
see civil servants moving to the State industrial leave. Periods of sick leave at full and half pay Discussions aimed at extending the new civil
relations machinery for the first time since the will retain full annual leave entitlements. This service mobility scheme to Dublin are underway,
establishment of the Labour Court in 1946. was in response to a European court ruling with the target of having it introduced in the
under the EU working time directive. capital by the end of June 2019. The Disciplinary code
Discussions are currently focussing on what
aspects of the civil service conciliation and Department of Public Expenditure and Reform Fórsa is resisting Department of Public
arbitration scheme, such as the General Council (DPER) mobility team has also started work on Expenditure and Reform proposals to devolve
extending the scheme to higher executive sanction for dismissal to principal officer level.
and departmental councils, will be retained. The Shared services
issue of staffing and related matters will be to officers and administrative officers. Over 4,000 Meanwhile, a new disciplinary code for staff on
the fore as the WRC and Labour Court prepare The union is preparing for an official civil clerical officers and executive officers have probation has been agreed. This is a welcome
for the transfer. service-wide survey of members to identify applied for transfers since the scheme was development because, while the new code is not
issues in HR shared services, following launched in September 2018. More than 400 as robust as the main one, it gives staff on
engagement with a high-level steering group. pre-offers have been made, and more than 50 probation access to a disciplinary process for
Action plans will then be developed to address transfers had taken place by the end of 2018. the first time.
Higher scales the issues that emerge. Fórsa has been critical
of the pace of business on this matter, but the
Fórsa secured significant improvements in the
union has remained involved at least until the
proportion of clerical officers working on higher
civil service-wide survey is completed.
scales. The percentage was increased from
15% to 20% in 2018, and to 25% in January The official survey follows a Fórsa survey
2019. The union is seeking further advances, conducted in 2018, which found that over 80%
but this will be difficult to achieve in light of the of members had experienced problems with the
recent improvements. centralised pay and leave system. The survey
results were launched at Fórsa’s 2018 Civil
Service Division Conference, which passed
motions calling for a review of the centralised
Leave and related issues HR shared services system then known as
Fórsa secured two days’ additional annual leave PeoplePoint. Conference motions also called for Head of Division,
– one each after 12 years’ and 14 years’ service PeoplePoint to be scrapped, and for HR services Derek Mullen
to be returned to individual departments and speaking at the
– for clerical officers, executive officers and Civil Service
related departmental grades in 2018. Related agencies. Conference 2018.
claims seeking to increase the overall threshold More than half of the 1,079 civil servants who
of annual leave and other special leave, such as responded to the Fórsa survey said their pay
force majeure, have been rejected in the context had been affected by problems encountered
of the recent annual leave increase. The union is with PeoplePoint. Another 18% said their sick
18 19Civil Service Division Report 2017-2019
Attendance management Artificial intelligence and robotics said new technologies have the potential to Fórsa has also raised concerns about aspects of
improve work-life balance and staff control over the Commission for Public Service
Proposals for a new attendance management Fórsa made a submission to the Department of their working time. Appointments’ review procedures. Of the 83
policy have run into difficulty because Public Expenditure and Reform as part of its complaints received and examined by the
management wants to adopt the same approach response to civil service management proposals Commission in 2017, 18 were deemed invalid,
as the underperformance policy, which allows for the procurement of new technologies. This 19 were deemed premature and 46 were
for warnings under the disciplinary code. Fórsa followed an automation pilot in a small number Red weather alerts deemed valid. To date 35 complaints have been
has argued that this hasn’t been effective in of civil service departments. The union Fórsa and other unions are still in discussions on examined with a formal decision issued by the
tackling underperformance, and should not be submission, which is available on the Fórsa future arrangements for red weather alerts. Commission. Of these five were upheld, seven
adopted for attendance management. The union website, sets out principles that should be were partially upheld, and 23 were not upheld.
Compensatory arrangements, including the
has also objected to proposals for long-term and reflected in the roll-out of new technologies.
availability of TOIL, have caused difficulties for The main themes arising in complaints from
serious illness absences to be treated under the
Fórsa support for the introduction of staff providing essential services during candidates include training, selection of
same category as other attendance issues.
technological change and greater automation exceptionally bad weather. Appropriate time or interview board members, management of
While both scenarios merit attention, the union
will be contingent on management’s leave credits for staff unable to get to work has connections between candidates and board
will not agree to members being placed on
commitment to these principles, which aim to also been problematic. members, management of shortlisting, the
attendance management plans because they
protect service quality, customer satisfaction, provision of feedback to candidates, and
have a serious illness.
jobs and incomes. The union has argued that the reference-checking.
Revenue Commissioners and other offices have
been able to deploy new forms of work Promotion policy All civil service unions have raised similar
organisation to improve services and concerns and discussions are continuing with
The Fórsa Civil Service Divisional Executive DPER, PAS, and individual departments on the
performance, rather than reduce jobs. It also Committee (DEC) has been conducting a review mechanisms for interdepartmental and
of competitions policy on foot of 2018 departmental competitions. Fórsa has also
conference motions and the increased volume of reached agreement that, rather than using the
competitions. Arrangements introduced in PAS process for shortlisting at EO level,
2013 were designed to ensure that the pool of departments should reach local agreement on
qualified candidates for promotion was not shortlisting mechanisms.
restricted by a worker’s current salary band.
They moved away from a requirement to have The union has also proposed that departmental
worked for a defined period in the grade below panels should be split to take account of the
the post to be filled, towards a system based on seniority and suitability issues as well as longer
the experience, knowledge and skills required service requirements and work experience.
for the vacant post. This positive agreement Revenue has already taken this approach in
increased the number of potential candidates recent staff officer and higher executive officer
for competitions, which raised questions about competitions for staff with long service. This
selection methodology, particularly shortlisting. arose from specific adjudication findings and
may not easily be replicated.
The Public Appointments Service (PAS) and
DPER have defended the testing processes for
shortlisting in large volume competitions during
discussions with the union. These include a wide Sequence arrangements
range of techniques including psychometric Fórsa reached agreement over recruitment and
tests, job simulation, online tests, personality promotion sequences for the EO grade under
questionnaires, and interviews. the auspices of the Public Service Stability
The union has received many complaints about Agreement (PSSA). The new temporary
technical and substantive aspects of the various sequence, which applies from August 2018
processes, including scoring and feedback. The until the end of July 2021, means 40% of
use of online testing has also been problematic, competitions will open, 30% will be
with at least one major failure in a Garda civilian interdepartmental and 30% will be
competition (see below). The union has also departmental. The sequence will be open,
Jack Nugent (Oireachtas raised the question of reasonable internal, interdepartmental, open, internal, open,
Executive Branch), Amanda O'Hara accommodation for staff with disabilities, and interdepartmental, open, internal, and
(DEASP Executive Grades Branch) says there is evidence of discrimination. Based interdepartmental. The previous sequencing
and James Hagan arrangement was 50% open, 25% internal and
(Oireachtas Executive Branch).
on earlier analysis, particularly of the 2014
executive officer (EO) competition, there is also 25% interdepartmental.
prima facie evidence of age-based
discrimination.
20 21Civil Service Division Report 2017-2019
Once the mobility scheme is in place, every Temporary clerical officers
second interdepartmental sequence will be
replaced with a mobility one if an EO has moved The Fórsa DEC expressed concern over the high
Departmental
to the department or office on mobility. numbers of temporary clerical officers in the
civil service, particularly in social protection. At
There is provision for one in six HEO-level posts the end of August 2018 there were 1,773 (full-
to be filled openly, but only specialist posts can time equivalent) temporary clerical officers. The
be filled externally. The proportion of posts to be union is contemplating seeking a revision of the
issues
filled from interdepartmental promotion agreement on the use of temporary staff to
competitions at HEO level remains at 40%. This ensure that the numbers are reduced to
means that in a sequence of vacancies, the acceptable levels, and that fixed-term contracts
second and fourth are filled from the do not become the norm for long-term projects.
interdepartmental panel and the balance is filled
departmentally.
In recent years, the Arbitration Board decided ICT apprenticeships Department of Employment Special Investigation Unit allowance
that one-third of AP posts should be filled by Fórsa has entered a claim for an increase in the
open competition, with one-third filled Following consultation with Fórsa, and arising Affairs and Social Protection DEASP Special Investigation Unit (SIU)
interdepartmentally and one-third from commitments in the PSSA, the Public
Industrial relations difficulties have continued in allowance to ensure that the net pay of those
departmentally. Appointments Service has advertised the first
the Department of Employment Affairs and who receive it is no less than it was at the end of
two-year pilot apprenticeship scheme, which will
Competition data for open and see participants spend half their time in college Social Protection (DEASP), with management 2018. The union has sought clarification on the
interdepartmental competitions shows that and the balance in civil service departments. intransigence on issues like the shorter working change in treatment of the allowance and insists
significant numbers of internal candidates are The apprenticeship salary will be linked to the year. Fórsa has also been in discussions on the that nobody in receipt of it should suffer any
successful in open competitions, with an EO scale. The union is continuing to discuss provision of online services as digitalisation retrospective change to the treatment of the
average of 70% of posts filled by civil servants. career path issues for serving staff. continues to be a feature. allowance.
Fórsa called for an urgent review of civil service
JobPath scheme
IT systems, including an over-reliance on
Fórsa welcomed the end of referrals to the
external IT consultants in DEASP and other
government departments and agencies. IT JobPath scheme, which was announced early in
inadequacies caused problems in illness benefit 2019, and sought a Government commitment
payments in 2018, with significant delays in that outsourcing of job activation work would
payments to claimants. Staff made huge efforts cease. The union says the work should be
to get people paid, while suffering the brunt of carried out by departmental staff and
customer dissatisfaction. community-based organisations like job clubs
and the local employment service. Turas Nua
During negotiations with management on the and Seetec, the two private companies
issue, the union sought a reversal of the new contracted to operate the scheme, received the
payment policy. It also identified priority fixes
combined sum of €149 million to place long-
for the IT system and special measures to deal
term unemployed people in employment.
with backlogs. The union pledged to continue to
However, only 9% of them were still in
work closely with the department on the
employment after one year.
implementation of measures to deal with the
problems.
Mobility
Front office-back office (FO/BO) Fórsa is in discussions with management on
Front office-back office (FO/BO) is a programme filling vacancies within zones. The union
of restructuring how services are provided to achieved an agreement to ensure that all CO
DEASP customers. The concerns in INTREO vacancies in Letterkenny would be filled by COs
offices where it has has been introduced relate serving in Buncrana, but a number have been
to staffing, increased work pressures, higher filled by direct recruitment because of a
stress and absenteeism, training needs, staff difference in interpretation of the agreement.
Niall McGuirk, Chair of the Civil welfare, and security issues. There have also Fórsa is working to resolve this matter. Another
Service Divisional Executive
Committee. been restrictions to work-life balance and agreement recognised that COs and EOs with
flexible working initiatives. Discussions are inter-departmental transfer requests within a
ongoing, and a slowing of the roll-out was zone would be retained on those lists following
agreed because of the difficulties in illness the introduction of the civil service mobility
benefit (see above). scheme.
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