Public and Commercial Services Union

DWP/MB/027/08

Your first response

In all circumstances you should tell your manager that you want to be accompanied by a trade union representative at all formal meetings.
It is then best practice to say nothing else until you have contacted a PCS representative for advice before attending a formal meeting.

Standards of behaviour

The standards of behaviour expected of DWP employees are published on the DWP intranet. Disciplinary action may be taken when you are alleged to have breached one or more of these standards.

Formal disciplinary action

Formal disciplinary action starts with you being issued with an invitation to an investigatory meeting and, or, a disciplinary letter inviting you to a meeting with the decision maker. An investigatory meeting is not always necessary but you must always be invited to a disciplinary meeting before a decision is made.

Summary of individual rights

DWP recognises that you have 13 individual rights which are listed, summarised and published on the DWP HR intranet under Problems at Work/Discipline.

The full list of your rights is provided at the end of this circular, entitled "Summary of individual rights (DWP discipline policy and procedure)".

You are also entitled to a high standard of procedural fairness during the disciplinary process.

Standards for procedural fairness

The DWP management standards for procedural fairness are provided in the DWP discipline procedures including, for investigations, the internal fraud investigations guide for managers and staff (discipline procedures para 3.2) and, for decision making, in the HR decision makers guide (DWP HR home page, right hand side list).

Your are entitled to natural justice which means that you must be informed of the case against you and be given a fair opportunity to state your case. The decision maker must also act fairly, in good faith and without bias or conflict of interest.

PCS advice and support

Always contact your local PCS representative or Branch Secretary without delay for advice, support and representation when you have a problem at work.

Summary of individual rights (DWP discipline policy and procedure)

You have the right to:

• not be dismissed for a first offence or without notice unless the offence is gross misconduct which relates to a single incident
• a full and fair investigation into any allegations of misconduct made against you
• in cases of minor misconduct – 3 working days notice in writing of the subject of any disciplinary interview including being given details of the alleged misconduct and copies of any evidence
• in cases of serious/ gross misconduct - state your case at a disciplinary interview, this interview should be a minimum of 3 working days from the date of the disciplinary letter, this includes being given details of the alleged misconduct and copies of any evidence from investigation reports
• when attending a disciplinary meeting, choose an alternative date so long as it is at a reasonable time and within 5 working days of the proposed day if your chosen TU representative or departmental colleague is not available
• be accompanied and represented throughout formal disciplinary action by a TU representative or departmental colleague
• request that, if appropriate, the interview be adjourned
• raise any concerns you have about the behaviour of the manager handling the case with HR
• remain silent when interviewed, but if you do not answer any or all of the questions put to you, a decision on disciplinary action will be made on the basis of the evidence against you
• state your side of the case at a disciplinary interview before any decision is made
• a copy of the record of the interview which you can check and submit amendments to, but this will not delay the process
• appeal against a final written warning, additional sanction, demotion or dismissal and use the grievance procedures when dissatisfied with an oral or written warning
• written details of your rights as above.