Public and Commercial Services Union

DWP/BB/023/07

Focus on improvement

The revised attendance management policy and procedures imposed by DWP from 26 June 2006 include improvements negotiated by PCS. Further changes were introduced following the ballot of PCS members on the outcome of the jobs, rights and services campaign. These changes:

• adjusted the backsliding period to 12 months from 24 months (see circular DWP/BB/141/06)
• added advice on how managers should treat sick absences which are known about in advance (advice Q4)
• introduced a formal regular review of the attendance policy with quarterly meetings at which trends should be highlighted and possible solutions sought.

DWP also agreed to retain and publish basic principles for decision making in a HR decision makers guide. Guidance for branches is provided in circular DWP/BB/108/06.

Attendance management rights for members are outlined in circular DWP/MB/06/07.

Branches should focus on the improvements achieved and the need for further change.

Warnings not automatic

The attendance policy states under para 4 that warnings are not automatic but must be given unless one of the exceptions applies. There is a hyperlink which links this policy statement to the exceptions as listed and described under Para 3.2 of the attendance procedures.
The discretion managers have to not give a warning is now placed within, and at the start, of the list of 11 reasons not to give a warning.

Managers have discretion

Mangers have discretion not to give a warning when they believe, for reasons not detailed in the list, that an oral improvement warning would be inappropriate and or likely to hinder a return to good attendance. When applying this discretion the manager must put their reasons in writing and consult their manager or HR business partner team or a more senior manager.

The word “consult” is deliberately used in this provision as consulting and taking advice is distinctly different from taking instructions. The manager who will hear the case put by the employee and their representative at the warning meeting is the decision maker.

Advice is taken from others (also see para 3.1) not instructions.

Meetings may need to be adjourned as allowed under para 3.11 of the procedures for consultation and advice to be considered.

Informal action first

Managers are instructed under para 1.1 of the procedures that they must discuss concerns about attendance levels informally even before formal action is appropriate.

Employees may bring a trade union representative to an informal meeting if they wish (attendance advice Q3).

Eleven exceptions for warnings

The first exception is the manager’s discretion not to give a warning for reasons not detailed in the list. The other exceptions are:

• The absence is pregnancy related (see sick leave procedures para 4.18 to 4.24).
• Reasonable adjustments have been identified but not yet made (see attendance advice Q8 to Q10)
• The employee has a disability or underlying health condition, the absence is directly related to that condition and the manager considers it is reasonable following OHS advice to increase the consideration point (see para 3.11, the manger can suspend further action until OHS advice is received but also see attendance advice Q18)
• Reasonable absences due to the after effects of infertility treatment or gender reassignment (see sick leave advice Q10)
• Personal injury due to an assault at work (see sick leave procedures 4.30 to 4.36)
• Absence due to injury leave up to a maximum of 6 months (see sick leave procedures 4.22 to 4,.29)
• Absence due to accident caused by a third party in certain circumstances (see attendance advice Q23)
• The nature or seriousness of the condition appears at the time to be a one off (e.g. broken bones) which is unlikely to recur and the employee otherwise has a good attendance record (also see attendance advice Q14 and Q15)
• There is medical evidence to show the absence is due to a notifiable communicable disease (see personal health appendix 1)
• The absence has been agreed as part of working part time on medical grounds (see sick leave procedures para 5.2 to 5.8)

Written improvement warnings

Managers must now consider everything they would have considered at the oral warning stage when considering a written warning (procedures para 3.21).

Long term absence warnings

The attendance procedures provide instructions for considering warnings upon return from long term sick leave. Paragraph 4.2 states that “if the employees previous attendance record was satisfactory, they are back at work and there is no reason to doubt they will be able to meet the attendance standard in future the matter should be regarded as closed unless further absences occur”. Also see attendance advice Q14 about linking periods of long term absence and Q15 about unrelated short spells of absence after an absence caused by a serious illness.

Evidence for review

Employees have the right to use the grievance procedures when dissatisfied with a warning. Details of warnings that have been wrongly given and not corrected under the grievance procedures should be provided to PCS DWP group office. Evidence of problems with the operation of policy and procedures is needed to support the case for further improvements. Areas of concern may include:

• Managers take advice from others not instructions.
• Managers can suspend action pending OHS advice.
• Reasonable adjustments should be considered, made when appropriate, given time to be effective and reconsidered if necessary, before warnings are given.
• A “one off” absence should not be redefined with unintended qualifications (see circular DWP/BB/24/07).