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The Scottish Government is refusing to say whether key compromises struck with trade unions over its hybrid working policy for civil servants have been scrapped as it prepares to enforce office attendance.
From November 9, thousands of civil servants will be required to self-report where they work as the 40% office target becomes mandatory, while senior staff face a 60% requirement.
But internal documents obtained exclusively by The Herald reveal for the first time the full scale of the concessions unions secured from officials as the previous policy was negotiated.
Documents show a Memorandum of Understanding (MOU) was drawn up last year specifically to ease concerns by the Public and Commercial Services (PCS) union, before being agreed with the wider Council of Scottish Government Unions (CSGU).
The agreement in the MOU goes beyond the assurances that 40% would remain a target and staff would not face disciplinary action simply for falling short.
Officials agreed individual or team attendance would not be recorded or monitored, that in-person attendance would not factor into performance and that development opportunities would not depend on how frequently staff worked from a Scottish Government office.
The Scottish Government refused to answer direct questions from The Herald over whether the MOU remains in place or which of its key commitments will survive the move to mandatory working.
The documents also reveal how union negotiations influenced what civil servants were told about plans to increase attendance to 60%, with Chief People Officer Rob Malpass telling government colleagues unions would be “broadly supportive” of communicating a 40% target “if there is no reference to 60%”.
Days later, Permanent Secretary Joe Griffin – the head of Scotland’s devolved civil service – wrote to unions to acknowledge there had been a “distinct change in message”, in light of their concerns.
He accepted that while the Scottish Government wanted to go beyond the 40% target, making specific public references to that “could be difficult” for unions to support.
Public Service Reform Secretary Ivan McKee would not disclose to The Herald the nature of the compromises last month but said trade unions would not be allowed to “dictate” government policy.
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But the newly obtained documents provide the clearest account yet of what lay behind the “compromises” which prevented the Scottish Government enforcing its previous hybrid working policy.
The documents also show officials were being warned internally about the consequences of adopting a tougher approach.
A senior official warned: “I do not believe that the full implications of a hard line have necessarily been taken on board in considerations around final decisions.”
Mr Malpass then told union representatives that officials had accepted the “vast majority of your suggestions”.
A self-reporting tool will now be used by civil servants to record their working stations and those who repeatedly fail to comply could ultimately lose the ability to work on a hybrid basis entirely.
The change raises questions over the future of the MOU which explicitly promised PCS that individual and team attendance would not be monitored.
The new mandatory regime has been branded “unworkable” by the FDA union, previously known as the Association of First Division Civil Servants.
Allan Sampson, the FDA’s national officer for Scotland, told The Herald the Scottish Government risked “recreating the same problems of a year ago”.
Out of Office - our pledge to expose how your money is being wasted on empty civil service buildings. (Image: Damian Shields)
He warned ministers risked making attendance mandatory before “practical details” around exemptions, individual circumstances and what happens when somebody fails to meet the requirement had been resolved.
Craig Hoy, the finance spokesman for the Scottish Conservatives, said: “The SNP have lost control of a sprawling bureaucracy that continues to grow.”
He added: “Taxpayers are footing the bill for empty offices with hefty energy bills and business rates.
“Ministers have to come clean and admit their ridiculous workplace policy has failed to get staff back into the office even two days a week.”
Data obtained by The Herald’s Out of Office campaign revealed the Scottish Government’s hybrid working policy consistently fell short of the target.
Glasgow Atlantic Quay’s building occupancy in January was 32.5%, while Saughton House was 8.2% and Edinburgh’s Victoria Quay was 12.1%.
The Scottish Government stopped providing occupancy data for core civil servants, meaning the public could not track whether the policy had been met.
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Instead, it published data for all staff with Victoria Quay sitting at 20.8% in April.
An analysis of attendance between December and January found average core attendance of just 5% on Mondays and 3% on Fridays.
Five key buildings – Bute House, St Andrew’s House, Victoria Quay, Saughton House and Atlantic Quay – cost a combined £41.8 million to run since 2020-21.
A Scottish Government spokesperson said: “Requiring core Scottish Government staff to work in-person 40% of the time is a tightening of the existing policy which gives managers more certainty in implementing the requirement.
“All the existing support arrangements remain in place and managers have been given clear guidance and training in how to use them. The hybrid working policy will continue to support individuals who require reasonable adjustments and exemptions, ensuring every colleague feels valued and supported and is empowered to deliver their best work.”
The Scottish Government said the move to mandatory 40% in-person working followed formal consultation with the Council of Scottish Government Unions.
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