Civil servants lose flexi leave claim

New middle-ranking civil servants have lost a claim to be entitled to similar flexi-leave arrangements as longer-serving colleagues.

The Civil Service Arbitration Board (CSAB) has recommended that assistant principal officers appointed after July 1, 2013, should not have a right to accrue and take leave under flexible working arrangements as sought by their trade union.

In a ruling on a dispute between the Association of Higher Civil and Public Servants and the Department of Public Expenditure and Reform, the CSAB said no concession should be made for the re-introduction of flexi leave for such civil servants.

Flexible working hours and the right to accrue flexi leave were withdrawn from all assistant principals except for staff already availing of them under the Haddington Road Agreement in 2013.

The association subsequently submitted a claim for access for newly appointed assistant principals to flexible working arrangements in 2016 which was successful apart from being allowed to accumulate flexi leave.

In a submission to the CSAB, the trade union said the removal of flexi leave was done for no other reason than an ideological one. It said it seemed the policy specifically targeted management grades as if family-friendly policies should not apply to them and it contravened natural justice as it did not affect any other grades.

The union argued the ability to accrue flexi leave helped to achieve a better work-life balance and claimed the barrier on assistant principals accessing flexi leave had also stopped some civil servants from seeking promotion, particularly female staff.

The department claimed the measure was necessary as assistant principals were in a critical post for ensuring quality service delivery to the public and the use of flexi leave was not appropriate for such a grade. It said assistant principals also differed from lower grades as they were not eligible for overtime.

The department said it expected assistant principals should have sufficient autonomy to manage their own working time to fulfil the responsibilities of their role.

The CSAB said the restriction on flexible working arrangements for assistant principals was the subject of a specific sentence in the Haddington Road deal which had not been altered by a subsequent pay agreement. It noted accrued flexi leave was not applied uniformly across the civil service.

“As a result any perceived inequity felt by the assistant principal officers appointed since 2013 cannot be regarded as discriminatory as it is not something that is available to all assistant principals employed before that date,” said CSAB.