Employment Policy Issues (Discipline Policy and Smarter Working)
North Lanarkshire Council · 21 March 2023
Back to Joint Consultative Committee for Local Government Employees — 21 March 2023 and its agenda
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North Lanarkshire Council Report Joint Consultative Committee for Local Government Employees Does this report require to be approved? ☐ Yes ☒ No Ref: FW/LC Date 21/03/23 Employment Policy Issues (Discipline Policy and Smarter Working) From Fiona Whittaker, Chief Officer People Resources E-mail Whittakerf@northlan.gov.uk Telephone 07973 728628 1. Background 1.1 Over the last year or so, the trade unions have regularly raised issues regarding the application of the Smarter Working Policy and in particular, the perception that some services are not applying the policy fairly and consistently. Specifically, the trade unions have raised concern that there are some services where employees’ applications are being refused almost instantaneously without due consideration. 1.2 In order to evidence this theory, the trade unions have requested that the Council provides details of how many Smarter Working applications have been received and how many have been approved or rejected. Unfortunately, the Council does not record Executive Summary At the last meeting of the Joint Consultative Committee for Local Government Employees (JCC) on 26 October 2022, discussion took place around several employment and policy issues that were causing concern for both the trade unions and their members which mainly centred around the disciplinary process and smarter working applications. The purpose of this report is to try and formally address the issues raised by the trade unions and to provide reassurance that the Employment and Policy Team are aware of the issues and are making every effort to address these. Recommendations The Joint Consultative Committee for Local Government Employees (JCC) are asked to: 1. Note the contents of this report. 2. Agree to the actions as outlined within the report. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition
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this specific information, however information on Smarter Working Appeals has been provided within this report which will hopefully alleviate the concerns expressed by the trade unions. 1.3 It has also been raised by the trade unions on several occasions, the length of time that disciplinary investigations are taking to conclude, and requests have been made to consider ways in which we can expedite the process. This issue is also addressed within the report. 1.4 In a similar vein, the trade unions have raised concerns around the practice of suspending employees from work, pending conclusion of the disciplinary process, and have asked that alternatives to suspension are considered, suspension times are reduced, and employees are supported throughout the period they are suspended. 1.5 The remainder of this report attempts to address the concerns raised by the trade unions as outlined above and give the reassurance sought, that any concerns raised with the Employment and Policy team regarding policy application or process are taken seriously and addressed appropriately. 2. Report 2.1 Smarter Working Policy 2.1.1 By way of background, the Smarter Working Policy has been in place for over 5 years, providing employees with an opportunity to request to work flexibly or from a different work location with the aim of providing a better work life balance. 2.1.2 Whilst the legislation that governs this policy, states that employees require to have 26 weeks continuous service before they can submit a smarter working application, the Council in recognition of the benefits this can provide to both employees and the organisation, allows employees to apply from the first day of their employment. 2.1.3 The application is initially considered by the line manager, who should consider the impact the request will have on the operation of the service and the ability of the employee to perform their duties and should take into consideration the following: • Burden of additional financial costs • Detrimental effect on ability to meet customer demand • Inability to re-organise work amongst existing employees • Inability to recruit additional staff • Detrimental impact on quality/performance • Insufficient work during the periods the employee proposes to work • Planned structural changes At this point, a member of the Business Partner team supports the manager and advises on the implications of the application should it be supported or otherwise. 2.1.4 Where an employee’s application is rejected, they can appeal the decision which is then considered by a senior manager. At this point, a member of the Employment and Policy team is present to support the manager and ensure that the appeal is given full consideration.
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2.1.5 Although, we do not record first stage applications at this time, this is something that we have recognised would be beneficial and discussions will take place with the Workforce Systems and Analytics Team over the coming weeks to assess what functionality is available within our current systems to allow this to happen. 2.1.6 In the meantime, we can advise that since 1 April 2022, we have received 46 Smarter Working appeals, with 41% coming from Education and Families, 26% from Chief Executives, 22% from Health and Social Care and 11% from Enterprise and Communities. Of the 45 appeals that have taken place so far, 33% have been upheld. 53% of the upheld cases are from Education and Families. 2.1.7 While the trade unions have raised concerns that specific services are not considering smarter working applications appropriately, there is no evidence that this is the case however we will ensure that managers are reminded about the importance of considering each application on its own merits. Officers from the People Resources teams will continue to provide support and advice on each application to ensure consistency, fairness, and compliance with the policy. 2.2 Disciplinary Process 2.2.1 Where a conduct issue has arisen, it is normal practice to investigate the incident before any further action can be taken and the Council’s Discipline Policy provides clear guidelines on how the investigation should be conducted, including the requirement for it to be carried out swiftly and impartially. 2.2.2 Whilst every effort is made to ensure that investigations are carried out timeously and within a reasonable timescale, there can be mitigating factors that prevent this from being the case including availability of officers investigating, unforeseen sickness absence and/or annual leave of those involved and the accessibility of witnesses and trade union representatives. 2.2.3 It has also been recognised by both the Council and the trade unions, that there are occasions when trade union representatives are either not available or have very limited availability, causing further delays to the investigation process. Although managers have been reminded about the importance of allowing trade union representatives time off to undertake their duties, it is accepted that there are areas where resourcing difficulties prevent trade union representatives being granted time off. Whilst there is no clear solution to this particular issue at this time, we will work with the trade unions to address this issue in the areas that it is most problematic. 2.2.4 The trade unions should also raise any concerns regarding the length of time that an investigation is taking to conclude with the Employment and Policy team in order that an explanation can be provided, and appropriate actions taken. 2.3 Suspension from Work 2.3.1 There are occasions when it is prudent to suspend an employee from their work, whilst the investigation into their conduct is carried out. Suspension is always with pay and should be for as limited a period as possible, subject solely to the investigation being completed. 2.3.2 It should also be noted that suspension from work on full pay must be carefully considered and alternatives to suspension are usually sought in the first instance. Where this is not possible, we ask that managers review the suspension at regular
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points in the investigation process to see if the requirement for the employee to be suspended remains. 2.3.3 Unfortunately, for the reasons outlined at 2.2.2 and 2.2.3 above, employee’s can be suspended for protracted periods of time awaiting the conclusion of the investigation. The trade unions, whilst understanding that there can be delays, have asked that employees are provided with regular updates throughout the period they are suspended. 2.3.4 The trade unions have also asked that employees are supported throughout the period of their suspension including the provision of regular updates on the investigation, regular contact from a manager and signposting to any other support deemed appropriate. 2.3.5 In response to the above, the Employment and Policy team will review the guidance currently available and will ensure that this is updated and issued to any manager who is considering or has suspended an employee from work. 2.3.6 It should also be noted that the Council will be reviewing the Discipline Policy in the future and the trade unions will be invited to be part of that process from the onset allowing for their input to the section on suspension and other aspects of the policy and procedures. 2.3.7 In conclusion, the Employment and Policy team will continue to work with the trade unions to identify issues with policy application and to address these at the earliest possible point. 3. Measures of success 3.1 The policies and procedures of the Council are applied fairly and consistently and processes are undertaken timeously and within reasonable timescales. 4. Supporting documentation Not Applicable Fiona Whittaker Chief Officer People Resources
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? It has been identified that there is a need to record first stage Smarter Working Applications to ensure statistical information can be provided and analysed. While a review of the Disciplinary Policy is in the pipeline, there is a need to ensure that managers have a firm understanding of their responsibilities during the period of time that an employee is suspended and guidance notes will be updated to reflect this. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☒
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.