Commonwealth War Graves Commission Staff

James Gray Excerpts

Tuesday 15th December 2020 Westminster Hall

[Rachel Hopkins]

I thank the hon. Gentleman for that really important point about genuine options and security for the staff. I will come to that in my speech, and hopefully we will have a response from the Minister.

The amazing work carried out by CWGC staff and the many volunteers in many countries who support the cemeteries must not be forgotten. Across the House and across the country, we proudly recognise the national value of the work they do. Some staff who have been posted to France and Belgium, although not permanently, have stayed for many years—some for decades—and have had families on the continent. As they are posted abroad from the UK for work, they are offered affordable housing and a living allowance to stay for the duration of their posting by the commission. That is commonplace when UK staff are sent to work abroad, and has been the situation for a number of years.

That supportive agreement between the commission and its staff has ended. Following remembrance events this year on 12 November, the commission’s management provided Unite, PCS and Prospect—the trade unions representing staff—with a decision that it would be presenting to its UK-employed staff abroad. At three weeks’ notice and without consultation, staff, many of whom have lengthy service with the commission, would be forced to decide between transferring to new pay and contractual terms, which means choosing to have their income drastically cut, or being repatriated back to the UK in January.

Staff had to respond to that ultimatum by 7 December, and if they did not, they would be repatriated. I first want to highlight to the Minister the inappropriateness of the timing of that announcement. Releasing life-changing information that would completely upend the lives of staff the day after Armistice Day is completely unacceptable.

[James Gray (North Wiltshire) (Con)]

My right hon. Friend the Member for Ludlow (Philip Dunne) is extremely sorry that he cannot be here to listen to this important debate. The point that the hon. Lady makes is extremely important. It is not necessarily a question of the employment terms of those people; it is the way in which the choice was put to them and the time they were given. I am sure she will agree that, by and large, the CWGC is a first-class employer, but on this occasion it seems to me to have slipped up, and it really ought to get it sorted out.

[Rachel Hopkins]

I thank the hon. Gentleman for making that completely pertinent point.

The decision is perceived by some as a communications strategy to limit the backlash against the mistreatment of staff, and by others as an attempt to silence staff and prevent them from speaking out, as they know that those loyal, dedicated staff would not want to be criticising the situation at an important time for remembering those who sacrificed their lives. I hasten to add that it may have been a logical decision taken to meet tax and payroll deadlines, made with the head but sadly not with the heart.

I hope the Minister will agree that the timing of the announcement is pretty shameful. The excuse that the EU transition period deadline is approaching is actually thoroughly inadequate. The vote to leave was more than four years ago. Implementing a plan to support staff should have been a priority for the commission. As an employer, the commission has a duty to protect the staff’s wellbeing.

I am deeply concerned that the new employment contracts for staff who choose to remain in Europe remove their entitlement to additional allowances, which will lead to staff having their income drastically cut. A PCS member in France at a supervisory grade, who shared their situation with me, is having their total employment package cut by 53%, equating to about €32,000. That is not an anomaly. Two other staff members working abroad have told me that their package will be cut by more than 50%. Staff are being told to sign new contracts by 22 December, although they have been told that they cannot negotiate their new pay levels, as pay is a decision for human resources to make. Many long-serving staff are being transferred to a level that is between 50% and 75% of the corresponding local pay scale, without any opportunity to negotiate. The staff involved also still do not know what will happen with their state or occupational pension.

I understand that the commission points to the Brexit mitigation payment that offers staff who want to stay in a European country £30,000 to account for the loss of income under the new contract. In most cases, it will cover only one to two years of allowances, and they will not be entitled to any assistance to repatriate when they retire or if they need to move back to the UK for compassionate reasons. Furthermore, I am aware that the commission has offered an additional payment of between £5,000 and £10,000 to assist with housing costs following the initial removal of rental and living allowances. That is a positive step, but it fails to confront the central issues: the long-term impact on staff’s pay and pensions arrangements.

Such decisions have a real impact on staff’s wellbeing. Accounts that I have received state that many of the staff are extremely distressed and feel completely let down and abandoned by the commission. The situation has had a tremendous toll on them, with four out of the 32 PCS members now unable to work because of illness. I have spoken virtually to some of the staff, and it is heart-breaking to hear how they have been treated after dedicating so many years to caring for the cemeteries. The support offered is essentially a stopgap, and an improved package is needed to ensure these important workers do not have to face significant upheaval in their lives and/or downgrade their living standards. What confuses the situation further is that such jobs are needed—they are essential. The cemeteries need caring for, and the incumbent staff have the skills and dedication to do it.

I am aware that the commission’s management state that, legally, the staff can no longer stay on UK contracts and will need to localise in order to pay into the local tax system, but the UK’s exit from the EU should not be used by the commission as an excuse to reduce its overall costs. Indeed, the legal advisers to the trade unions have not been able to identify a clear legal reason why the commission is seeking to change the contracts of staff working abroad. As I understand it, the British Commonwealth war graves overseas situation is based on the 1951 treaty. It therefore derives from international law, not EU law.

That raises the question of whether the UK leaving the EU changes the immigration employment situation of staff. Subject to international law, the 1951 treaty is between individual sovereign states, and not all are members of the EU. I say that because I am concerned at the commission’s response. It not only refused to disclose its legal advice, but claimed that its external legal advice was verbal only. I would have thought it would have been to the commission’s benefit to have legal advice in writing, which it could then have shared with the trade unions to ensure that there was mutual trust in the process.

I hope the Minister can shed some further light on the legal position, as I believe the lack of transparency and trust is at the heart of the dispute. Through greater transparency and negotiation with the trade unions, the commission could have averted the crisis. Trade unions have repeatedly asked for more time to consider the legal position and for better pay protection for the staff involved, but they have received little to no movement from management.

I understand that things may need to change, but the jobs that those workers do are of national importance. I am sure the Minister and the Secretary of State agree with me on that, so will the Minister discuss this issue with the Secretary of State, who is also the chair of the commission, to increase the level of support provided to these workers? That should include improving pay protection for staff who are transferring to localised contracts. Importantly, the trade unions should be involved in representing staff and working collectively towards a negotiated settlement that continues to value the staff and the work they do, and that reflects the respect that I and so many members of the public have for them, as part of our connection to those who gave so much for our country. Nous n’oublierons pas.