18 August 2006
Whitehall departments are failing to follow correct disciplinary procedures, leading to hundreds of appeals through which some staff overturn dismissals, Public Finance has learnt.
In response, the Cabinet Office has warned senior human resources personnel not to simply 'rubber-stamp' bad decisions during the appeals process to cover up poor decision-making.
A study by the Civil Service Appeal Board has revealed that 22% of all disciplinary cases involving appeals during 2005/06 were deemed 'unfair' –15% up on last year.
In his annual report, CSAB chair John Davies outlines a number of concerns to the Cabinet Office, which oversees the board.
'It is clear that departments and agencies do not always appreciate the importance of respecting the standard statutory procedures and it has, perhaps, not been fully appreciated that if there is a breach… the board has no choice other than to find the dismissal automatically unfair,' he wrote.
Davies also reports that, rather than re-examining their original decision in an objective fashion, managers often use appeals to 'justify and uphold the basis upon which the original decision to dismiss [staff] was founded'.
Departments are also criticised for taking too long to complete disciplinary procedures. Many appeals take more than a year and Davies suggests that is 'at variance with the principles of natural justice'. Some dismissals have been deemed unfair because of the time taken to hear cases.
Davies' study will raise questions about Whitehall's human resources functions, which have already come under scrutiny through the Cabinet Office's Departmental Capability Reviews.
Cabinet secretary Sir Gus O'Donnell wants to raise civil service HR standards by increasing the number of qualified professionals, but Davies' report shows that there is some way to go.
Of 253 appeals considered by the CSAB last year, 55 found in favour of the appellant – including ten cases where the board demanded that staff were reinstated immediately.
The Revenue and Customs department was subject to the most appeals last year (50), followed by the Prison Service (46) and Jobcentre Plus (37).
A Cabinet Office spokeswoman said Davies' concerns had been 'highlighted… in a recent newsletter circulated to HR directors, together with advice on good practice.'
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