DWP briefing

Department for Work & Pensions Group

To: Branch Secretaries, Additional Branch Contact, Regional Secretaries, and GEC
21 December 2011
DWP/BB/179/11
Severe weather and major disruption to travel:
Revised guidance introduced for DWP members

Revised DWP Policies

DWP introduced revised policies for severe weather and major disruption to travel, on 7^th December 2011, following consultation but not agreement with the Departmental Trade Union Side (DTUS). Branch Briefing DWP/BB/173/11 reported the implementation of these changes.

Guidance for DWP members about severe weather and transport disruption is now provided under the DWP Major Disruption to Travel (MDT) Policy.

DWP Policy

DWP does not expect employees to take any unnecessary risks at times of major disruption. Employees and their manager should discuss any potential health and safety risks and take account of, and make adjustments for, factors such as any disabilities, the nature of the disruption and the individual’s personal circumstances, when deciding on the most appropriate course of action. (MDT Para’s 8-9)

Employee responsibilities

DWP expects employees to perform their usual role or carry out other useful work in the event of major disruption. They are expected to attend their usual place of work or explore what else they can do, using the major disruption options list if they cannot travel. When unable to attend their usual place of work they must contact their manager as soon as possible. (MDT Paragraphs 10-11)
Flexi credits

If an employee is unable to attend work, or carry out any work after considering all practical options, managers should use their discretion and consider requests for flexi credits. Managers should also consider giving credits for delays in arriving at work and early departures due to major disruption.

Credits are determined on the basis of employee’s contractual hours of attendance as recorded on their working pattern agreement. (MDT Paragraphs 33-34 & 36)

Deteriorating conditions

DWP has a duty of care to its employees and will not expect them to risk their personal safety if conditions deteriorate during the day.

Employees who are concerned about their personal safety on their journey home should speak to their manager. Managers will consider the employee’s concerns, any potential health and safety risks and take account of, and make adjustments for, factors such as any disabilities, the nature of the disruption, the individual’s personal circumstances and business continuity requirements when considering a request to leave early.
A flexi credit should be given to take the employee up to their usual working hours for that day. (MDT Paragraphs 28-29)

Caring arrangements
Major disruption can impact on employees’ caring responsibilities. Whilst employees may be able to travel to their usual place of work themselves, they may be prevented from doing so due to a breakdown in their caring arrangements. For example, schools and care centres may suddenly close. In these circumstances employees should make reasonable efforts to make alternative arrangements.
Where an employee has been notified about an unexpected breakdown in their caring arrangements they should refer to the Special Leave Policy (MDT Paragraphs 16-17)

Major disruption options

The options, under paragraph 15, “are suggestions only”. Some options will not be available to all employees because of their individual circumstances. The list is not exhaustive:

Check local weather forecasts for improvements during the day to understand how the journey to and from work may be affected




Use an alternative form of transport than that usually used for travel to work e.g. walk to the nearest public transport stop




Car-share or lifts from colleagues




Consider the likelihood that the situation will improve and delay the journey to work




Walk to work if less than one hour’s walking distance, where it is safe and practical to do so.




Is there any useful work that can be done at home




If disruption is expected to last for several days discuss options with your manager for the day after. Are there options that could be considered that were not possible today because of short notice?




Employees can request to use their own time i.e. flexi leave or annual leave, subject to business need




Is special leave appropriate for the situation and the employee’s individual circumstances?

Working from an alternative office nearer to home is an option but is dependent on a number of factors and must be approved by the employee’s manager. Before selecting this option the guidance on working from an alternative office must be considered.

Annual Leave

Pre-booked annual leave or other leave should still be taken. (MDT 35) The Policy does not require employees to take annual leave. The Working Time Regulations (Regulation 15) require notice to be given to the individual worker where an employer wants to require a worker to take statutory annual leave. The employer is required to give a notice period of at least twice as long as the leave period. This means that the employer would have to give 2 days’ notice of a requirement to take 1 days leave and 5 days notice of a requirement to take 2.5 days leave. The options list has a suggestion that employees can request to use their own time but Managers have a duty to consider giving flexi credits/special leave.

PCS Guidance

The Major Disruption to Travel Policy was introduced following consultation but not agreement with PCS. However, DWP accepts:

· Walking to work if less than one hour’s walking is subject to this being “safe and practical to do so” (Para 15)
· Flexi credits should be given to take the employee up to their usual/contractual hours for the day (Para’s 30 & 36)
· DWP has a duty of care and will not expect employees to risk their personal safety (Para’s 8, 14 & 28)

Any perverse misapplication of the policy, which cannot be resolved locally, should be reported to Group Office at the address below.