Public and Commercial Services Union

13 August - DWP/BB/084/09

Attendance management changes

DWP agreement to abolish the attendance management “must give a warning” policy, from 3 August 2009, fully achieves a PCS ballot objective set by members in 2007.

The changes to DWP attendance management policy, procedures and advice, also introduced from 3 August, do not mean that attendance management as a whole is agreed by PCS. It does mean that PCS has achieved agreed improvements. The changes include:

“Must give a warning” policy abolished

The agreed policy change states that “warnings are not automatic and should not be given where one of the special circumstances applies.” Policy para 4 also includes improved wording on the approach to be adopted by managers being “flexible”, using “discretion afforded them in the policy” and “satisfactory attendance” replaces “good attendance”.

The application of the warning procedures is improved by removal of the “must give a warning” instruction at Procedures para 3.2 and its replacement with, “They should not give an oral improvement warning at the meeting if either:”

1. one of the listed circumstances applies, or
2. they believe for reasons not detailed in the list that a warning would be inappropriate.

Advice not instruction clarified

The requirement for a manager to consult either their line manager or others under revised procedures paragraphs 3.2 (b) and 6.2 is clarified as “advice not instruction”.

Managers discretion improved

The scope of a manager’s discretion, not to give a warning for reasons not detailed in the listed special circumstances, is improved and supported by the inclusion of two examples:

• “a reasonable expectation of improvement, or
• a compassionate response to bereavement or domestic violence”

These procedural improvements should help to deliver the intent of revised policy para 4 the policy addition on dignity and respect.

Dignity and respect recognised

A right “to be treated with dignity and respect” is added to the list of employee rights under attendance management policy para 6.
Considering referral to the decision maker stage improved
the considering referral to the decision maker stage is clarified as a distinct stage of the procedures (policy para 20) with the procedures (para 6.2) strengthened by the introduction of criteria to support decisions not to refer a case for dismissal or demotion when:

• One of the special circumstances applies or;
• The absence has been uncharacteristic of the employee’s overall record or;
• There is evidence of sustained improvement, or reason to expect improved attendance to a satisfactory level

Additional special circumstance

An additional “special circumstance”, when a warning should not be given, is included under procedures para 3.2(a) covering when “the absence is directly caused by an operation or similar medical procedure aimed at correcting the health condition.”

“One off” provision improved

The “one off” provision is revised so that it states: “The nature or seriousness of the condition appears at the time to be a one-off, which is unlikely to re-occur, and the employee otherwise has a satisfactory attendance record by being below the consideration point in effect at that stage of the procedures.” A new advice Q&A provides guidance on “What a manager should consider when deciding whether to treat an absence as a one off”. This guidance includes:

“There are a number of circumstances in which an absence might be treated as a ‘one-off’:

• An illness/condition which is usually experienced only once;
• An illness/condition which is fairly uncommon or unusual;
• The absence is following an accident or injury.

When deciding whether an absence is unlikely to reoccur, the manager must consider whether it is likely that an absence for the same or a related reason will reoccur, not whether it is possible.

For example, an employee who has been active in a sport for a number of years breaks their wrist. It is possible that this could happen again in the future but it is unlikely given that this is the first time they have done so. The manager must decide based on the facts of the case at that time.”

Requirement to consider special circumstances at each stage improved
the requirement to consider special circumstances at each stage of the procedures is reinforced by explicit instructions to do so at procedures paras 3.21 and 3.34

Advice Q&A 18 improved

Advice Q&A 18 is amended to support not giving a warning pending OHS advice. This improved advice states:

“Normally the manager should not give a warning where it is believed that the advice from the OHS provider will confirm a decision the manager has in mind to increase the employee’s consideration point to take account of absences linked to a disability or underlying health condition.”

Decision makers guide

Compliance with the decision makers guide” is now required under procedures 6.6. Advice Q&A 25 has been amended to require reasons for a decision to be explained in writing.

PCS advice and support

Branch and members briefings will provide guidance on the delivery of the revised policy, procedures and advice. PCS aims to negotiate similar changes for members in CMEC. The changes achieved in DWP will be a basis for further improvements for all members.