DWP briefing

Department for Work & Pensions Group

To: Branch Secretaries, Additional Branch Contact, Regional Secretaries, and GEC.
Date: 13 January 2012
DWP/BB/006/12

DWP confirms managers should not initiate dismissal action after long-term illness and rehabilitation into work

Return to work & unfair dismissal

PCS raised concerns in 2010 that employees were being unfairly dismissed when they had returned to work from long term sickness absence and have had no further absences following their return.

DWP agreed to issue advice to HR Managers and clarify Attendance Management Procedure to confirm that the purpose of long term sickness action is to get the employee back to work. PCS guidance for Branches was issued in Branch Briefing DWP/BB/022/10.

Further clarification introduced

PCS has responded to evidence from Branches that there has been unacceptable non compliance with the guidance issued in 2010. DWP Attendance Management Procedures have therefore been clarified, on 23^rd December 2011, following consultation with the Departmental Trade Union Side.

Four changes have been introduced to the text of the DWP Procedures. They are clarifications of current policy, and the intent of the procedures, rather than a policy change. The four changes are:

Decisions should be taken promptly Procedure 2.5 – sentence inserted to stress that all decisions should be taken promptly or without undue delay, and that where delay does occur any improvement, deterioration or new circumstances must be taken into account.

Managers should not initiate dismissal Procedure 4.2 - to confirm that managers should not initiate dismissal action after supporting an employee during a long-term illness and successfully rehabilitating them into work.

Action before absence becomes long term

Procedure 4.4 – to confirm that dismissal action may be taken before the absence becomes “long-term” at 28 days, if the employee is in a Review Period or Backsliding Period because they have already received a Written Improvement Warning, before the current absence and if, upon full consideration of all the circumstances, there is justification for not supporting the current absence.

Confirmation of formal review

Procedure 4.6 – to confirm that a formal Review Meeting should take place where the circumstances given in Procedure 4.4 apply.

PCS Advice for Branches

The DWP Decision Makers Guide (Glossary 8) requires procedural correctness. Managers must follow procedures correctly when making any decision. Branches with a case where a member is referred for dismissal after return from long term absence, without further absence, should contact PCS Leeds Group Office before meeting with the Decision Maker.