Public and Commercial Services Union

DWP/BB/082/08

Pilot consultation

PCS has been consulted about the introduction of a mediation pilot for DWP harassment, discrimination and bullying (HDB) cases. The pilot will run from 9 June 2008 until January 2009 in:

• Jobcentre Plus (contact centre directorate and the benefits and fraud directorate), and
• Pension, Disability and Carers Service (disability contact and processing unit (DCPU))

The PCS DWP Group Executive Committee (GEC) considered a report on the pilot arrangements at its meeting on 4 June 2008 and agreed in principle to the DWP pilot. PCS will be consulted as part of the evaluation process. The terms of the pilot are outlined below and published by DWP in a pilot policy, procedures and Q&A.

Voluntary participation

Using mediation will be entirely voluntary (pilot policy para 3).

Confidential service

Mediation is an entirely confidential service (pilot policy para 4). All discussions during mediation will be held on a “without prejudice” and “privileged” basis, meaning that nothing said by anyone in the process can be put forward as evidence in any subsequent:

• Management or formal investigation
• Disciplinary action
• Grievance or appeal
• Employment tribunal

Independent mediation

Unless directly involved as a party to it, line management will have no role in the mediation process after the case is accepted for mediation (pilot policy para 6).

Mediation will be conducted away from the normal place of work by a professionally trained DWP mediator who has been appointed to do so (procedures para 3).

Rights unchanged

If a mediated agreement cannot be reached, or if either participant changes their mind about taking part in mediation or withdraws from the process, the normal HDB procedure will be re-instated, timescales and targets will be picked up from the point at which the procedure was suspended for mediation to be offered (procedures para 9).

Mediation purpose

In HBD cases mediation can be offered as a valid alternative to management action as a means to:

• Help improve and maintain working relationships
• Address poor communications and any misunderstandings
• Give both sides an opportunity to express their thoughts or feelings away from the workplace, and
• Reach a satisfactory and workable agreement to close the matter.

Not all complaints will be suitable for mediation. In some cases the nature of the matter complained about will make it obvious that mediation is inappropriate.

At the end of the mediation the mediators will encourage the employees to agree to produce and each retain a copy of a short written agreement. However, all notes or other paperwork created by:

• The employees
• Their representatives and
• The mediator

must be destroyed at the conclusion of the process. DWP mediators will be unable to:

• Give evidence about mediation at an employment tribunal, or
• Give evidence about mediation at any other formal or informal hearing or investigation, or
• Make a statement at any time after mediation relating to any issues arising from or during mediation (with the exception of an investigation into a serious criminal offence).

Mediation stages

Mediation is a non-adversarial, non-punitive process in which a mediator will help two people to resolve a complaint or dispute by talking about their situation, exchange their concerns and come up with ideas about how to move forward.

The mediation process normally happens in three stages over a series of 5 meetings:

• Stage 1 – 1 meeting with the mediator for each participant in the mediation to discuss their different perspectives of the complaint;
• Stage 2 – 1 meeting with the mediator for each participant in the mediation to separately discuss and prepare for the final joint mediation meeting; and
• Stage 3 – 1 joint mediation meeting when the mediator will help both employees to resolve the complaint or dispute.

When mediation is successful the employees will be encouraged to:

• Prepare and sign a written agreement that confirms how and what they have agreed to resolve the dispute.
• Agree whether the agreement is to be copied to a line manager/TU rep (policy para 7).

Trade union representation

The pilot Q&A (13) outlines that trade union representation is encouraged at the first stage of the mediation process but is not appropriate at the subsequent stages. For the second private meeting with the mediator, and at the final joint meeting at which the mediation takes place it would not be appropriate to be accompanied by a TU rep or a work colleague. The process requires the mediator to work with individuals to develop and foster an environment in which they feel confident to talk openly and honestly while ensuring they are listened to with respect for each other and without interruption or fear of intimidation.

Further PCS advice

Further advice on this pilot will be provided for branches and members. PCS advice on the grievance mediation pilot is provided in DWP/BB/083/08.