Policy Guidance

 








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 7th 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.

2 comments:

  1. rothrighttowork11 January 2012 at 16:51

    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.

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  2. rothrighttowork13 January 2012 at 15:56

    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 23rd 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.

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