19.3.14

DWP to impose spells of absence trigger point from 1st April 2014

PCS will oppose new punitive
Attendance Management Warnings Policy

Attendance Management changes
Revised Attendance Management Policy, Procedures and Advice will be published on 1st April 2014. This PCS article outlines the proposed changes related to spells of absence. Consultation is continuing with the Departmental Trade Union Side (DTUS) about this and other key issues. PCS is arguing against punitive measures and the need for improved support for disability related absences and better procedural fairness and justice for all employees.

DWP message to employeesDWP wants to send a message to employees that short term, irregular absences is not something the Department can continue to support. DWP therefore plans to introduce:

  • A four spells of absence trigger point, in addition to the eight day Trigger Point (previously known as consideration point).
  • A review of an individual's sick absence over the previous 12 months at Welcome Back discussions.
  • A series of How To guides.
Other changes include adopting civil service employee policy terminology, such as, “Consideration Point” will be replaced with “Trigger point” and “Backsliding period” will be replaced with “Sustained Improvement Period.”

Application of Spells of absence
DWP procedural guidance for the application of a spells of absence trigger point excludes disability related absences and rules out pro-rata application for part-time employees. Other qualifications may be introduced but current DWP guidance for 1st April states:

  • Spells of absence refers to the number of separate instances an employee is absent within a defined period, rather than the total number of days.
  • The Trigger Point is four spells of absence for all employees, regardless of their working pattern, in a rolling 12 month period. It is not prorated for part-time staff.
  • A spell is usually at least one full working day but where an employee has repeatedly taken part day absences, the line manager may consider whether it is reasonable to total the number of hours sickness absence into whole days and then these would count towards the Trigger Point. If the manager considers this is reasonable, they will need to let the employee know in writing that they will do this if the pattern of part-day sickness absence continues. It should not be done retrospectively and the aggregated total should not be entered on RM.
  • The Trigger Point may be reached and action taken if employees are absent on four separate occasions within that period, regardless of the length of absence.
  • The considerations which apply when a trigger point is reached for eight days remain the same in terms of management action, for spells. Managers should refer to the guidance to ensure they follow the correct course of action.
Warnings are not automatic and should not be given where one of the special circumstances applies.
  • Managers are expected to discuss concerns about attendance levels informally with the employee, before they reach the trigger point, particularly when spells or trends are emerging and consider what forms of support are appropriate in order to prevent further absence and help them remain at work.
  • Management intervention must be taken timeously so the right help and support for an employee is identified at the earliest opportunity
  • Spells of absence do not apply to disability related absences. Planned absences for dialysis, chemotherapy or scheduled minor operations are not counted as a spell.
  • Spells can be linked. If an employee returns to work and is then absent within one calendar week with the same incapacity, the spells should be linked and classed as one spell.
Transitional arrangements from 1st April 
Spells of absence are applicable to all employees from 1st April 2014 but:
  • Sickness absences before 1st April will NOT count as spells of absence.
  • Sickness absences that began before 1st April and include or continue past 1st April will NOT count as a spell of absence
  • The trigger point for employees in a 6 month Review Period on 1st April 2014 will not include spells and will remain as four days
  • Once this period has ended, the trigger point will also include spells
The trigger point for employees who are in a 12 month Sustained Improvement Period on this date is 8 days and will include spells from and including 1st April.

Involvement of HR Expert
There will be a re-emphasis on the approach line managers need to take before applying discretion, which includes seeking advice from a HR expert. The relevant sentence (currently within paragraph 3.2(b)), has been amended, from 1st April 2014, to read:

“Before applying their discretion, or informing the employee of the decision in circumstances not listed, the manager must seek advice, not instruction, from their line manager (or a senior manager) and a HR Expert. The decision on the action to be taken remains the responsibility of the line manager and must not be escalated to, assumed by or attributed to the person giving the advice.”

PCS requires significant improvements
PCS Policy advocates significant improvement of DWP Attendance Management. DWP must introduce improvements not bad practices. Consultation is continuing with DTUS and PCS will take all necessary action to remove unfair, unnecessary and punitive policies and achieve improvements to support disability related absences and better procedural fairness and justice for all: DWP Must Improve.