DWP briefing

Department for Work & Pensions Group

To: Branch Secretaries, Additional Branch Contact, Regional Secretaries, and GEC.

Date: 21 December 2011
DWP/BB/181/11
Conduct at formal meetings – DWP Grievance, HDB and Disciplinary Meetings guidance revised

Employee relations clarification

There have been a few isolated cases where the robust and legitimate presentation of a member’s case at a formal meeting has resulted in an inappropriate complaint. PCS has raised serious concerns that such cases are examples of bad practice which are inconsistent with the intent of DWP Policy.

Discussion between the Departmental Trade Union Side and DWP Employee Relations Managers has resulted in the introduction of further clarification that “the exercise of authority” and “pressing a point in an assertive style” is not legitimate grounds for complaint.

Harassment, discrimination and bullying

DWP Harassment, Discrimination and Bullying (HDB) policy and procedure now includes two provisions to help protect trade union representatives from inappropriate complaints.

HDB Policy on Legitimate Actions in the Workplace, paragraph 25, confirms that:

At work, managers and trade union representatives are expected to exercise authority and take legitimate actions to deliver services. For example, issuing reasonable instructions to define requirements or standards of performance will not be classed as harassment, discrimination or bullying.

HDB Procedure 2.10 has been amended to include a new bullet point which states that:

All present at the meeting must be courteous and respectful to each other in line with the Department's normal standards of behaviours. Questioning, contradicting and pressing a point in an assertive style, which are not always a feature of normal business discourse, should be expected. Care should be taken not to confuse such behaviour as being an act of harassment, discrimination or bullying.

Formal grievance & disciplinary procedure

DWP Formal Grievance Procedures – Step 3, paragraph 3.1, and DWP Discipline Procedure paragraph 7.2, have been amended to include:

All present at the meeting must be courteous and respectful to each other in line with the Department's normal standards of behaviours. Questioning, contradicting and pressing a point in an assertive style, which are not always a feature of normal business discourse, should be expected. Care should be taken not to confuse such behaviour as being an act of harassment, discrimination or bullying.