Asked by: Grahame Morris (Labour - Easington)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, pursuant to the Answer of 21 May 2021 to Question 5182 on Civil Service: Conditions of Employment, if he will specify (a) whether the legislative provisions which apply to civil servants but are not binding on the Crown refers solely to those arising from paragraph 5 of the Civil Service Management Code or (b) what other such legislative provisions apply on that basis.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
As referenced in my answer to PQ 5182 on 26 May 2021, the Civil Service has not applied any legislation which is not binding on the Crown as if it were so binding. Paragraph 5 simply makes clear that departments must fully comply with legislation that binds the Crown. There is no guidance covering when legislation that does not bind the crown should be applied as if it did so.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, what steps he is taking to prevent the use of fire and rehire practices by contractors to Government departments.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, what is his policy on the use of fire and rehire practices by departmental agencies.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, what discussions he has had with Mitie on proposals to fire and rehire staff employed by Mitie to fulfil its facilities management services for the civil service in the event that they do not accept new pay proposals.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, which departmental agencies are required to comply with the requirements set out in paragraph 4 of the Civil Service management code, published in November 2016, to submit to his Department proposals or arrangements that are contentious; and what submissions has he received under that provision since 1 January 2020.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, what recent discussions officials in his Department have had with officials in the Ministry of Housing, Communities and Local Government on potential use of fire and rehire practices by Homes England.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.
Asked by: Grahame Morris (Labour - Easington)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, with reference to paragraph 5 of the Civil Service management code, if he will provide details of all legislation that Ministers have undertaken to apply as if it were binding on the Crown.
Answered by Julia Lopez - Minister of State (Department for Science, Innovation and Technology)
The Civil Service has not applied any legislation which is not binding on the Crown. However, certain legislative provisions, which do not apply to the Crown, apply to Civil Servants as set out within the Civil Service Management Code and within departmental policies.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth, Sutton and Devonport)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, how many and what proportion of officials employed by his Department receive remuneration as a result of working for an organisation or company outside of government.
Answered by Victoria Prentis - Attorney General
On 23 April, the Cabinet Secretary wrote to the Chair of the Public Administration and Constitutional Affairs Committee on the management of outside interests in the Civil Service.
The Committee published this letter on 26 April. It can be found here: https://committees.parliament.uk/publications/5623/documents/55584/default/
The Cabinet Secretary’s letter sets out a series of steps to improve processes. This programme of work will also take account of any recommendations that emerge from Nigel Boardman’s review.
The Civil Service Management Code sets out, at paragraph 4.3.4, the requirement that civil servants must seek permission before accepting any outside employment which might affect their work either directly or indirectly. The applicable principles are those set out in the Business Appointment Rules. The Civil Service Management Code is published here: https://www.gov.uk/government/publications/civil-servants-terms-and-conditions.
Where the civil servant is a member of the departmental board, any outside employment as well as other relevant interests will be published as part of the Annual Report and Accounts or other transparency publication.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, pursuant to the Answer of 19 April 2021 to Question 180986, on Ministry of Housing, Communities and Local Government: Pay, how many civil servants working in his Department have declared remuneration for paid work for organisations and companies outside of Government; and what steps he is taking to ensure that all that paid work has been properly declared.
Answered by Eddie Hughes
On 23 April, the Cabinet Secretary wrote to the Chair of the Public Administration and Constitutional Affairs Committee on the management of outside interests in the Civil Service
The Committee published this letter on 26 April. It can be found here: https://committees.parliament.uk/publications/5623/documents/55584/default/
The Cabinet Secretary’s letter sets out a series of steps to improve processes. This programme of work will also take account of any recommendations that emerge from Nigel Boardman’s review
The Civil Service Management Code sets out, at paragraph 4.3.4, the requirement that civil servants must seek permission before accepting any outside employment which might affect their work either directly or indirectly. The applicable principles are those set out in the Business Appointment Rules. The Civil Service Management Code is published here: https://www.gov.uk/government/publications/civil-servants-terms-and-conditions
Where the civil servant is a member of the departmental board, any outside employment, as well as other relevant interests will be published as part of the Annual Report and Accounts or other transparency publication.
Asked by: Jonathan Reynolds (Labour (Co-op) - Stalybridge and Hyde)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether any officials in her Department receive remuneration for paid work for organisations or companies outside of government.
Answered by Guy Opperman - Parliamentary Under-Secretary (Department for Transport)
On 23 April, the Cabinet Secretary wrote to the Chair of the Public Administration and Constitutional Affairs Committee on the management of outside interests in the Civil Service.
The Committee published this letter on 26 April. It can be found here:
https://committees.parliament.uk/publications/5623/documents/55584/default/
The Cabinet Secretary’s letter sets out a series of steps to improve processes. This programme of work will also take account of any recommendations that emerge from Nigel Boardman’s review.
The Civil Service Management Code sets out, at paragraph 4.3.4, the requirement that civil servants must seek permission before accepting any outside employment which might affect their work either directly or indirectly. The applicable principles are those set out in the Business Appointment Rules. The Civil Service Management Code is published here:
https://www.gov.uk/government/publications/civil-servants-terms-and-conditions
Where the civil servant is a member of the departmental board any outside employment, as well as other relevant interests will be published as part of the Annual Report and Accounts or other transparency publication.