Public and Commercial Services Union

PCS HR briefings

This is the first of a series of human resources (HR) briefings for managers who are PCS members in the Department for Work and Pensions (DWP).

This HR briefing is published following consultation with the DWP policy team. The advice provided is in our view consistent with DWP policy. Managers are therefore free to follow the advice given in this briefing to deliver fair, reasonable and consistent decisions.

PCS publishes clarification

The DWP policy, procedures and advice published on the intranet are designed to provide lean policy documents. PCS has discussed clarification at the attendance management quarterly review meeting. The supplementary advice provided in this briefing, in a Q&A format, provides clarification on:

• the application of special circumstances (Q&A 1)
• the application of the irregular attendance management consideration point & continuous absence (Q&A 2)
• bereavement related sickness absence (Q&A 3)

Special circumstances apply

The most important clarification is that all the special circumstances listed under paragraph 3.2a of the attendance procedures must be considered at each stage of the attendance management process up to and including dismissal. This means, for example, that when the decision maker is required to “ensure fairness and consistency” under the attendance procedures para 6.6 this includes checking “that the manager has considered the special circumstances at each stage of the process” (see procedures 3.2a, 3.21, 3.34 and 6.6).

PCS supports members

PCS is committed to supporting members who are responsible for managing attendance as managers.

You can access PCS briefings on attendance management on the PCS website.

Contact your local PCS representative or branch secretary should you need any further advice or support.

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The application of special circumstances

Q&A 1 Must special circumstances be considered and applied at each stage of the formal procedures?

Managers must consider the application of all the special circumstances (as required under attendance management procedures paras 3.2, 3.21, 3.34 and 6.6) at each stage of the formal process up to and including dismissal. For example, the “one off” circumstance may be applied after a written improvement warning where the reason for reaching or exceeding 50% of the consideration point was a “one off“ absence and the employee otherwise has a satisfactory attendance record at that stage of the process. Absence levels are always satisfactory when below the consideration point that applies at the stage in the procedures under consideration. Once a decision has been made to discount a “one off” that decision will be permanent except where the reason for that absence recurs in a current rolling 12 month period.

The application of the irregular attendance consideration point

Q&A 2 Does the irregular attendance consideration point apply to continuous absence?

Formal action, on return from continuous absence, is not justified simply because the absence has exceeded the consideration point. Where formal action is felt to be appropriate, it will be because the manager has reason to believe that the employee will not be able to meet the attendance standard in future (see procedures 4.2). The irregular attendance consideration point should never be used as the only reason for an improvement warning upon return from continuous sickness absence.

Bereavement related sickness absence

Q&A 3 Should a manager take formal action because of bereavement related sickness absence?

Managers should be sensitive to the situation and support employees who have suffered a bereavement. It would be inappropriate to issue a blanket exclusion for all absences related to bereavement but would expect such absences normally to be considered by managers under the “one off” provision or under the provision for managers to exercise discretion where a warning would otherwise be inappropriate. Decisions must take account of individual circumstances in line with policy.