Public and Commercial Services Union

Manager’s discretion and twelve special circumstances for no formal action under DWP Attendance Management procedures

DWP changes August 2009

DWP agreement to abolish the “must give a warning” policy for attendance management, from 3 August 2009, was accompanied by the introduction of:

• clarification of the scope of the manager’s discretion not to take formal action,
• improvement of the procedures for special circumstances when formal action should not be taken, and
• improvement of the considering referral to the decision maker stage.

This branch briefing provides a summary of these procedures for PCS representatives.

Manager’s discretion improved

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

• the requirement for a manager to consult either their line manager or others under procedures paragraphs 3.2(b) and 6.2 is clarified as “advice not instruction” and the scope of the manager’s discretion is clarified as including
• a reasonable expectation of improvement or
• a compassionate response to bereavement or domestic violence.

Attendance Advice also provides guidance on alcohol/drug problems (Q&A 8), domestic violence (Q&A 7), stress and mental health (Q&A 16), and disregarded absences (Q&A 14)

Twelve reasons for no formal action

Twelve special circumstances, when formal action should not be taken, are listed under Procedures para 3.2(a).

The requirement to consider all these circumstances at each stage of the procedures, up to and including dismissal, is affirmed under paragraphs 3.21, 3.34, 6.2 and 6.6.

The listed special circumstances are:

• The absence is pregnancy related (see Sick Leave Procedures para 4)
• Reasonable adjustments have been identified but not yet made (see Attendance Advice Q&A 4,5,6 and 7),
• 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 Attendance Advice 4,5,6,7 and 12)
• The absence is directly caused by an operation or similar medical procedure aimed at correcting the health condition
• Reasonable absences due to the after effects of infertility treatment or gender reassignment (see Sick Leave Advice Q&A 10)
• Personal injury due to an assault at work ( see Sick Leave Procedures para 4)
• Absence due to injury leave, up to a maximum of 6 months( see Sick Leave Procedures para 4)
• Absence due to an accident caused by a third party in certain circumstances (see Attendance Advice Q&A 23)
• 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.(see Attendance Advice Q&A 27)
• Reasonable time off to recover from the adverse effects of bone marrow donation, or similar procedures intended to help someone other than the employee
• There is medical evidence to show the absence is due to a notifiable communicable disease ( see page in Attendance Management Tools)
• The absences have been agreed as part of working Part Time on Medical Grounds (see Sick Leave Procedures para 5 and Attendance Advice Q&A 24)

Notifiable communicable diseases

Attendance management tools provides two lists and guidance that:

There are two lists of notifiable communicable diseases operating across DWP; one for England and Wales and one for Scotland.

A notifiable communicable disease on either of the two lists will come under the scope of the attendance management procedures ( at para 3.2(a) ) regardless of the employees location.

The single list applies only in respect of attendance management. (E.g. This means that chickenpox, on the Scotland list, also applies for para 3.2 (a) in England and Wales).

Long term absence warnings

The attendance management procedures provide guidance for considering warnings upon return from long term sick leave.

Paragraph 4.2 states that:
“If the employee is 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.”

Attendance Advice Q&A13 provides guidance about linking periods of long term absence and Q&A 15 about unrelated short spells of absence after an absence caused by a serious illness.

Referral to the decision maker

Criteria which support decisions not to refer a case for dismissal or demotion have been introduced under Procedures para 6.2. The manager may decide not to refer a case where:

• one of the special circumstances applies, or
• the absence has been uncharacteristic of the employees overall record, or
• there is evidence of sustained improvement, or reason to expect improved attendance to a satisfactory level.