Public and Commercial Services Union

DWP/BB/014/10

Attendance Management Changes

DWP is introducing a limited number of Attendance Management changes, from 25 January 2010, following consultation with the Departmental Trade Union Side. These changes, which have not been agreed with PCS, include:

• Occupational Health Service (OHS) referrals on the first day of absence, for advice on what can be done to help and support a return to work, for absences due to musculoskeletal disorders or mental health conditions;
• Senior Civil Service (SCS) members to engage with managers after 6, 9 and 12 months in long term absence cases;
• Case Conferences to be arranged with OHS, to discuss how to manage a case and support a return to work where long term absences reach the 3 month stage.

Amendments have been made to the Attendance Management Policy, Procedures and Advice to introduce these changes.

Decision Making Authority

These changes are not intended to alter the responsibility and authority for decision making under the Attendance Management warning and dismissal Procedures. OHS, SCS and Case Conference provisions are advisory not decision making stages in the Attendance Management process.

Decisions remain subject to the provisions for formal meetings with the employee including the right to be accompanied by a PCS Rep.
Members have a right to expect all decisions in their personal case to fully meet the DWP standards for procedural fairness published in the Decision Makers Guide (Paragraph 2.2). Managers are required to make decisions which:

• comply with policy
• are procedurally correct
• take account of the employee’s circumstances
• are legal
• satisfy the principles of natural justice
• are reasonable and fair
• can be clearly explained and justified

The revised Attendance Management Policy, Paragraph 37, confirms that the final decision on whether an absence can continue to be supported remains with the Decision Maker. However, the Manager will be asked to explain their reasoning where an absence is being supported over a long term period.

The factors a Decision Maker should take into account when deciding whether or not to dismiss or demote are covered in Attendance Management Advice Q&A 25

All decisions remain subject to the Grievance and Appeal rights under Attendance Management Policy paragraphs 38 – 42.

Referral to OHS

Attendance Management Procedures 5.1 to 5.4 cover referral to OHS which confirm:

The Occupational Health Service provides managers with advice on preventing or resolving work-related problems that are linked to an employee’s health. This may include advice on what the employee is capable, or may be capable of doing with help, and reasonable adjustments. When referring a case to the OHS, the manager should follow the OHS Procedures.

The manager must, with the employee’s consent, make an occupational health referral on an employee’s first day of absence where it is due to a mental health condition (e.g. stress, depression) or musculoskeletal disorder (e.g., back pain) (unless there are exceptional circumstances which would make a referral inappropriate).OHS advice is considered up to date where it is not more than 3 months old.

SCS Engagement

Attendance Management Procedures 6.1 to 6.3 cover SCS engagement which confirms:

The manager must engage a member of the Senior Civil Service (SCS) once an employee’s absence reaches 6 months and thereafter at the 9 and 12 month stages of absence. The purpose of this engagement is to ensure the employee is being given the help and support they need to return to work and that the case is being proactively managed.

A new Attendance Management Advice Q&A 28 provides a list of 7 issues which help to define the purpose and practice of SCS engagement.

Where an employee’s absence is exceptionally supported beyond 12 months, engagement must continue on a monthly basis until the case is resolved.

The final decision on whether an absence can continue to be supported remains with the Decision Maker. However, the manager will be asked to explain their reasoning where the absence is being supported over a long-term period.

Case Conferences with OHS

Attendance Management Procedure 5.3 covers case conferences with OHS which confirms:

The manager must arrange a case conference with occupational health (preferably involving an HR expert) once an employee’s absence reaches 3 months (or sooner if appropriate) to discuss how to manage the absence. A rehabilitation plan may be developed to help the employee return to work and support them in their return. Where a rehabilitation plan is commissioned, the employee will be involved in developing it.

Guidance is also provided in the OHS Q&A Manager Zone.

Advice for Branches

DWP intends these changes to be supportive of a return to work. However, PCS is aware Businesses may put managers under undue pressure to give inappropriate warnings or deliver unfair dismissals.PCS is working to resolve such bad practices and will provide advice for Branches.