Information Security – from gross misconduct to minor misconduct - DWP disciplinary changes 11th May 2011
Disciplinary policy changes
DWP has accepted concerns raised by PCS about unfair disciplinary action. Changes to DWP Disciplinary Policy, Procedures and Advice will be introduced from May 11th 2011.
These changes meet the objective agreed in 2010 Conference Policy A120 to clarify the distinction between simple human error and deliberate misconduct.
Minor misconduct policy introduced
DWP Discipline Policy paragraph 13.1, on Minor Misconduct, has been revised to include some breaches of information security that are accidental, genuine errors where reasonable care was taken and where there is no criminal act; no known harm or distress caused; and no reputational damage or significant financial cost to the Department
Disciplinary procedure revised
DWP Disciplinary Procedure paragraph 17, on breaches of information security, has been revised. The revised procedure confirms that:
The manager must consider the circumstances of the case, whether there was any intent or known harm caused, the extent to which the individual’s actions caused or exacerbated the incident and take disciplinary action in line with policy.[17.1]
Failure to comply with the policies on information security is serious. The level of misconduct depends on the full circumstances of the case, such as the nature of the offence, intent and the potential or known harm from disclosure. [17.2]
Disciplinary Procedure 17.3 confirms that minor misconduct action may be appropriate for information security breaches in cases where:
- The incident does not constitute a criminal act;
- The act was the result of a genuine error and there is no deliberate, malicious or suspicious intent;
- There is no known harm or distress caused to any party;
- There is no reputational damage; and
- This is not a linking offence – the employee does not already have another live warning in place at the time the breach was identified.
DWP will not agree retrospective action but does accept that the changes will have immediate effect on current decision making including appeals. Also, members under a live two year Final Written Warning, for an offence which would be treated as minor misconduct from 11th May 2011, will have the warning ended when it has reached 12 months.
