Beware of the PCS Union

[mickey33]

My wife worked for the DWP and Jobcentre Plus for over 10 years and was a member of the PCS Union from the very start. My wife has a recognised disability of which there is no cure and requires permanent daily medication.

 

Following a bout of absence that lasted over 6 weeks the department pushed for a return to work date threatening a review of my wife's position if she did not supply a date. This went on further with a recommendation for dismissal with compensation which was later changed to voluntary ill health retirement without my wife's consent I may add. The application for retirement was signed off by a senior manager.

 

The PCS union actually supported this stating they thought it was the best option for my wife to be retired and draw her pension at the age of 35 which is unbelievable.

 

Due to the lack of support from the union we sought independent legal advice and issued an official grievance. The grievance was handed to the branch secretary of the union who held onto it for three weeks before hand delivering it to me wifes senior manager. On handing over the official grievance my wifes senior manager back dates the termination of employment by a month to enable her not to answer the official grievance and put a hold on the proceedings.

 

All of this ended up in an employment tribunal which took 18 months to be heard with constant delays and reschedules.

 

My wife's union rep wrote a statement for the tribunal that showed that the senior line manager lied on six different counts of her sworn statement. Unfortunately the PCS union rep would not respond to requests to attend the hearing to support my wife and stand by his statement. We even called the chairman of the PCS union in Leeds to intervene but he stated that all reps are volunteers and they cant be forced to attend.

 

The judge of the hearing on the very first day asked where the union were and if they were going to attend. Our legal advice was such that we were told my wife had such a good case regardless of the union we would be okay but it would have been better with them being present.

As a result of them not attending my wife's senior manager was allowed to swear under oath and lie unchecked. My wife lost the case as a consequence and is now retired with a permanent disability at the age of 35. The DWP used my wife's pension money to get rid of her and end her career.

My wife ended up in hospital on four separate occasions as a result of the departments treatment and lack of procedure as it took over a year before my wife was finally sacked.

 

Our advice is be very careful who represents you take independent advice if you can and consider going through the courts instead of the tribunal service. The PCS union like to grab headlines and try and change policy but when it comes down to the individual they are very lacking. The fact that the PCS union supported the ill health retirement along with the DWP and that was used against my wife in the hearing demonstrates that you are not entitled to disagree with a decision if you are disabled and have no equal rights whatsoever.

 

Very Very Poor from the start and throughout the only consolation is she does not have to put with the prejudice and constant bullying with the Job Centre plus attendance management process. The department has a blanket policy for everyone sick or disabled so beware of the PCS and there advisers.

[rebel11]

Hi mickey

 

Unfortunely Unions are not what they were or should be. They pander to employers and lost the will to fight the good fight.

[papasmurf1cx]

Mickey sorry to read this... hope your wife is bearing up under the circumstances.

 

Unfortunately, your story is not alone on here. There are many others, including my wife's, who have similar stories. Please join us to assist others in their fights, you obviously have quite a lot of experience to relate to people.

 

On a brighter note, I just got in an my wife's union wants to settle out of court !!!!!!!! So fighting these b*****ds does pay off. Our fight started 4 years ago.

[Atlas01]

I can understand the union bashing and on many occasions would jump on in with some of the things i've seen but.....

 

On this occasion though i'm more interested why you don't have an issue with the "independent" legal advice which was catastrophically wrong?

[Lanney50]

i aree with your post regarding the unions they are only good for the headline cases,what big them up there not for the little people who pay there wages,I think they have moved on from the reasons they were set up in the first place,there money making organisations now, I hope your wife gets on ok,look after each other no one else will,take care fellow cager also let down by her union.x

[MONX]

This is terrible! I especially am interested in this post as I am currently at home suffering from work related stress and PCS are representing me during my talks with my employer!

 

My role has dramatically changed in the last two months, basically they downgraded part of the work higher pay grades did and lumped it onto my role and did this by changing the name of my role. The job i used to do and the role name no longer exists. The way the changes were introduced and the way things were "cascaded" to the people actually doing the work was abysmal, deadlines came and went and then we were told that we should have been doing something different since the beginning of the week on a friday!

 

I am doing all i can do to return to work, i have given permission and taken part in an assessment with ATOS which is our occcupational health department and taken advice and councilling from the work based councilling service set up to deal with work place problems.

 

The standard letters sent by my employers are threatening by tone and mention frequently that if there isnt a return to work within a "reasonable period" that termination could be an outcome. I have given this department 13 years of my loyal and dedicated work and now that I am ill (hypertension, low mood, anxiety attacks, insomnia, fatigue and chronic irritable bowel syndrome) through their actions and need some support I am being forced to try to return to work against both my doctor's advice and that of the ATOS reports recommendation!

 

At the moment my support from my union rep has been unstinting and she has thrown quite clearly the responsiblity of my current state at the managements feet and they have yet to be able to argue that it didnt belong there. She has been very supportive and as far as I can comprehend has acted always with my best interests at the heart of everything she has said and done. I realise that tribunals and the like make people consider their own careers but so far I do not have any problems with her support.

[papasmurf1cx]

MONX You are very lucky. Long may you get that support from the union. But just bear in mind that beyond local support the branches have a different agenda.

[MONX]

MONX You are very lucky. Long may you get that support from the union. But just bear in mind that beyond local support the branches have a different agenda.

 

I agree Papasmurf,

 

The OP is obviously one such case where someone has been totally misrepresented and left high and dry by the same union. It does worry me that should this ever get to a tribunal my rep can do so much but then the branch managers etc will have to take a roll in the precedings and these are people who do not know me, had a close working relationship with me and I would have to put quite a bit of trust in them.

 

I just thought it was important to mention that my rep has been a godsend.

[papasmurf1cx]

I agree Papasmurf,

 

The OP is obviously one such case where someone has been totally misrepresented and left high and dry by the same union. It does worry me that should this ever get to a tribunal my rep can do so much but then the branch managers etc will have to take a roll in the precedings and these are people who do not know me, had a close working relationship with me and I would have to put quite a bit of trust in them.

 

I just thought it was important to mention that my rep has been a godsend.

 

Personally, I think it is more to do with the issue of cost. Unions are OK about taking PI claims to County Court because costs are recoverable, not so with the ET. The cost of legal representation rests with the union so good cases are shelved because of it.

[pumpking10]

Hi Guys, sorry to hear of your woes with the PCS.

 

Can anyone advise. I represented a close relative after the union refused representation. After a a long fight with the union and presenting a concise legal argumnet to them. I recieved several emails ( from the big cheese himself and a national officer) stating "no chance of success", "does not have a valid ET claim" " claim should be withdrawn" etc etc.

I sensed an alternative agenda to this and ignored their incorrect advice and continued the fight against the DWP and continued with the the ET.

 

I employed a lawyer and DWP settled out of court before the hearing (50% of 25k) - not bad for a case with "no prospect of success". Thus incurring approx 2.5k legal expenses.

 

On the basis of the "no chance of success" and being hung out to dry by the Union , my close relative believes that the Union should reimburse his legal expenses. ( I agree).

 

Is there any legal standing on this ? The Union say not.

 

Interestingly, the Union have not asked to see our legal papers, which you would think they would have done considering the numbers of people whom have been affected by changes to the CCCS and that we have succeed where they have failed. (we are aware of a high number of Union Members whom were effected by the same issues, and were also hung out to dry.)

[mickey33]

I can understand the union bashing and on many occasions would jump on in with some of the things i've seen but.....

 

On this occasion though i'm more interested why you don't have an issue with the "independent" legal advice which was catastrophically wrong?

 

I have just come across this comment after returning to the forum. The independent legal advice wasn't wrong it went wrong from the start when the branch secretary of the pcs union never bothered to turn up for the hearing. The union rep also wrote a statement clearly showing that the senior management had lied on six different counts which they relied on in the hearing.

Following the loss of the case there was very strong legal support verified by no less than three independent solicitors firms that a case could be brought against the union for negligence. At his point my wife who suffers with epilepsy was exhausted with the struggle which was and had affected her health.

 

The case was also verified and checked by the equality and human rights commission it makes interesting reading and we were astonished at the outcome even without the union. The only positives to come from the case were a complete change of internal procedures on the processing and assessment of medical retirements.

 

What is now interesting is that the very companies ( atos and capita ) are now stating my wife is fit for work having supported the dwp's decision in writing that she would never be able to provide a recon able level of service when she was employed.

 

In light of all the government cut backs I would imagine the level of discrimination has increased a lot more for current staff with disabilities and health related problems.