Public and Commercial Services Union

DWP/MB/05/08

Safeguard against bias

DWP has agreed that transparency of decision making is essential to help safeguard against bias (see DWP newsbrief 24 January).

This means that your performance level decision (top, majority or lower) must be decided by assessing the evidence or your performance against the descriptions of performance levels. When you are compared to employees of the same grade/payband and similar job, assessments should be based on fact not opinion and properly explained.

Performance level descriptors

Descriptions of performance levels will define what top, higher, majority and lower will look like in your part of the business.

They should be copied to you before the end of year discussions so you have the opportunity to take them into account in your self review.

Your end of year discussion may only take place before 31 March when you agree to do so (PDS advice Q&A 13). In all cases end of year discussions should not take place until the descriptions of performance levels have been set and communicated to you.

Performance level distribution

The distribution ranges, which must be used as a guide not a requirement, are:

Performance level distribution

Top	15%-20% of staff
Higher	30%-35% of staff
Majority	40%-45% of staff
Lower	3%-8% of staff

 

The PDS procedures expect the distribution levels to be applied on the basis that:

• Your manager can justify variance to the guided distribution based on evidence of your performance and the descriptions of performance levels, so that clearly unreasonable or unfair decisions are not made (para 6.12).
• Your countersigning manager should vary the distribution levels, which are a guide not a requirement, when not to do so would result in an unreasonable decision not justified by your evidence of performance relative to the descriptions of performance levels (para 6.15).
• No one will be placed in a performance level simply to meet the distribution ranges where there is clear evidence not to meet the guide (para 6.16)

Transparency of decisions

You do not need to know what other employees have achieved in their performance plans for relative assessment purposes. You do need to know the descriptions of performance levels which have been agreed by your line manager and countersigning manager.

The PDS procedures require that:

• You must not be marked down if the team has not reached its targets but you have reached yours (para 6.7)
• All employees should have the ability within their post to achieve a top/higher box marking (para 6.11)
• Your performance level will be awarded on the basis of fact not opinion with the decision justified by evidence of performance in your performance plan against descriptions of performance levels (para 6.11)

Equality not bias

Each equality analysis of PDS performance level results shows that ethnic minority, disabled, male and part time employees receive proportionately fewer top or higher performance levels than ethnic majority, non disabled, female and full time employees, respectively.

The analysis is not itself evidence of discrimination but does reinforce the need for decisions to be transparent, justified and accountable in all circumstances.

Meaningful feedback required

Your line manager will inform you of your performance level verbally and provide you with meaningful feedback on why you have been awarded your performance level (procedures para 6.19). All unfair decisions should be challenged with the support of your PCS representative.

PDS policy requires your relative performance to be accurately reflected and decisions to be properly explained to you (policy para 7).

Your performance level decision should be reasonable and must be justified by the evidence of your performance assessed against agreed descriptions of performance (policy para 15, procedures para 6.15)

Appeal unfair decisions

You should not hesitate to use the DWP grievance procedures when dissatisfied with your performance level decision. PDS decisions must be transparent, justified and accountable. Contact your local PCS representative for advice, support and representation.