ASSUMED CONSENT - MANAGEMENT'S BIG STICK, or NOT?

Assumed Consent Myth Busting

You must discuss with, or seek permission from, your team:
False. There is no legally sound reason for this, and your colleagues have no right to know anything about your personal life if you so choose. Assertion of this relates to incorrect interpretation of FWH Policy 5 and Employee Deal paragraphs 15 clauses b, c, and d which are about TPT shift input negotiations & adherence – these contribute to forming a structure to promote fair access to Assumed Consent long before the actual application of Assumed Consent on a standard day-to-day basis.

No - you can't go.

You must have a face-to-face chat with you LM/TL.
False. Your Line Manager/Team Leader can ask you to stay a bit longer/come in earlier, and they can even ask why, but you are under no obligation to do as asked in that regard, additionally, such chats could easily descend into being perceptually intimidating, it also goes against the whole definition of the word 'Assumed'.

We don’t have enough staff in to cover on the team:
False. Teams do not operate in isolation, also, Fixed Start & End times on TPT scheduling are there to ensure we have adequate cover at all key points of the day, in order to provide the necessary standard of customer service.

My LM/TL told me that today is "Exceptional" so they can’t allow me to go.
Probably False. Unless something significant has happened that causes Business Continuity plans to be put into operation, then the chances of the reason being legitimately considered as 'Exceptiona'l as defined in Employee Deal are pretty much nil really.

Remember: Christmas, New Year, Eid, Easter, Summer Holidays, etc, etc, all happen every year and are all pre-mapped and known about in advance, before the demand maps are built, so they are NOT Exceptional (see paragraph 4) for the purposes of overriding Assumed Consent.

I can flex-on/off when I like with Assumed Consent.
True - as long as you obey the rules:

Inform your LM/TL beforehand – mainly for H&S purposes.

You must complete at least half of your shift before you flex-off OR you will complete at least half of your shift after you flex-on.

You must have enough flexi-time to ensure you’re not exceeding the flexi-deficit limits under normal circumstances.

Accurately record your Flexi accrual on the designated flexi-sheets as prescribed by the Department in accordance with the Flexi Working Hours Agreement and site-agreed allowances.

I’ve been told there is insufficient leave levels for Assumed Consent.
False. Leave levels do not apply to Assumed Consent. Anyone telling you this is confusing Flexi-leave (half day or more leave using accrued flexi-time) with Assumed Consent (ad-hoc variation of shift unfixed end time using accrued flexi-time). Remember Flexi-Leave is treated like Annual Leave, whereas Assumed Consent is not.

If you are experiencing issues surrounding any of the above, then
please contact a local PCS TU Rep for assistance and advice.