NOMS to implement CESP Attendance Management Policy
NOMS are due to implement the above policy in January. This follows on from a consultation period with trade unions during which Napo provided extensive feedback on the draft policy. We subsequently met with NOMS HR officers to discuss our comments and amendments and as a result some of our points were accepted, but our most significant concerns were not and are as follows:
- Trigger points set at eight days or four spells of sickness absence - instead of 10 days in two or more periods within a 12-month rolling period as in the current policy.
The short trigger points are not acceptable given:
- The nature of the work carried out by probation staff (which is an occupation commonly associated with high levels of sickness absence), is ‘emotional labour’ meaning that workers are expected to regulate their emotions during interactions with clients.
- That front line staff working in the NPS to clients who may not be the healthiest due to their circumstances. Despite the precautions being taken by staff, contact with a high number of people each day is more likely to result in the transmission of minor viral or bacterial infections.
- The perennial ICT and assistive technology failures, lack of reasonable adjustments, excessive stress and workloads and all the chaos caused by Transforming Rehabilitation. Is it any surprise that sickness levels have gone up?
- Formal action is to be taken in the event of unsatisfactory attendance involving three stages rather than four.
- Getting to dismissal quicker is hardly symptomatic of a caring employer. NOMS stated aim for the policy of supporting and managing sympathetically is undermined by such pernicious aspects of the policy.
- The existence of a serious underlying medical condition would no longer be treated exceptionally. This would bring the policy into line with the rest of the Civil Service.
- Napo do not believe all such absences will be covered by the Equalities Act (as claimed by NOMS) - and that these absences will be included when it comes to calculating sickness absence trigger points.
Napo’s view
NOMS argue that they have no choice other than to implement the policy – as they have been instructed by the Cabinet Office that this is necessary to align with the wider MoJ and Civil Service. This ‘one size fits all’ approach does not take into account the nature of the work you do (in comparison with MoJ and Civil Service staff). Additionally, it is insulting that this draconian policy is being foisted on probation staff, while NOMS still delay in harmonising other MoJ and Civil Service policies which would be of benefit to NPS staff.
Sonia Crozier wrote recently that her Christmas list for the NPS included ‘improved ICT and reducing staff vacancies’ – how ironic then that NOMS intend to career ahead with the implementation of this policy, the main impetus of which is to get staff more quickly to dismissal!
The new policy puts a significant amount of responsibility and work on our already overworked and stressed middle manager members, and we are concerned that they will not be able to exercise effectively the degree of manager’s discretion the policy allows for, and that we shall see an increase in cases proceeding to Employment Tribunal.
Due to these concerns Napo has:
- Lodged a dispute with NOMS about the policy
- Sought legal advice, particularly in relation to equality issues.
- Met with senior NOMS managers, including Michael Spurr to make these views clear and that we will seek to assist all members who fall foul of this un-agreed policy.
Despite this NOMS are intent on pressing ahead with implementation in January 2017.
What you should do next
It is important that you ensure that you inform your line manager of any work related circumstances which you believe have contributed to your ill health by completing the NPS accident/incident form.
The implementation of this policy means that it is also important that you formally register concerns about the size of your workload or any instructions that you may receive which you consider to be detrimental to your personal health and safety.
Ensure that you take part in the current indicative ballot that Napo is running on reforms to Collective Bargaining, as this decision is a clear sign that NOMS hold little regard to the trade unions’ concerns on what is an extremely important issue.
We will keep you advised of progress and issue further advice on the policy in the New Year.