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Case studies

Below are a few examples of recent cases handled by the FDA, and how the union helped their members.

1.) Public spotlight - Paul Gray stands down as chairman of HMRC

Paul Gray's decision to stand down as chairman of HM Revenue and Customs in November 2007 has been one of the more high-profile and publicised departures from the civil service in recent years. As a member for most of his 38 years in the Service, Paul was able to call on the support of the FDA as the crisis over the loss of the child benefit CDs developed, and subsequently.

During the two weeks between the data loss becoming known to Paul and the subsequent announcement to Parliament, Paul reached the decision that - given the scale and seriousness of the loss - as official head of the department he should stand down from his role.

The fact that the loss occurred at the same time as the Government was facing a range of political setbacks inevitably increased the political newsworthiness of the incident. But unlike the great majority of operational problems that can arise in the public sector - where the background is typically a complex mixture of policy design and implementation issues - Paul was clear this was a detailed and purely operational issue, and as such accountability rested squarely with the civil service rather than ministers.

Once Paul had reached this decision, and told ministers of his intention, he contacted senior members of the FDA in confidence and sought their support before the planned Parliamentary announcement. The most immediate issue was the financial basis for Paul's departure from the civil service. The FDA worked closely with the Cabinet Office on this, deploying the union's expert knowledge of contractual and pension arrangements. This undoubtedly facilitated and speeded up agreement on the basis of Paul's retirement - the negotiation process was completed within two working days.

As had been expected, the announcement of the data loss and Paul's decision generated intense media interest over the following days.Paul decided that - notwithstanding the media circus outside his home - he was not going to speak to the media himself, and the FDA provided further support in this area. Influential journalists were briefed and this undoubtedly led to more balanced reporting than would otherwise have occurred.

Over the subsequent weeks and months intermittent media interest in the story continued, particularly in the run up to the publication of HMRC's accounts in July 2008, which detailed for the first time the financial basis for Paul's departure. Again, during this subsequent period, the FDA team closely monitored the media interest and intervened as appropriate to secure more balanced reporting.

Commenting some nine months after the original incident, Paul said: "The support I received from the FDA team was excellent. Hopefully the great majority of my former colleagues will never find themselves facing anything like this but, in the rare instances where this happens, the support of a modern, professional trade union is invaluable."

2.) Promotion and Ill-Health - "Peter"

Peter* approached the FDA after he had been overlooked for a promised promotion without being given a satisfactory explanation of the reason why. His local FDA representative made some enquiries on his behalf and was only told that "performance issues" were the reason.

It transpired that Peter was suffering from clinical depression, which had been diagnosed some time before and which was being treated. He had told his line manager at the time of the diagnosis, and said that he hoped it would not affect his work. It soon became clear that, in fact, his work was affected. He had asked for support, but this plea for help was ignored by a manager who simply didn't know how to deal with someone with this illness.

Peter then went on sick leave. The FDA intervened directly, working with the HR team and managers to ensure that Peter was properly and fully supported on his return to work, that his depression was acknowledged, and that, in consultation with medical experts, "reasonable adjustments" were made to his workplace.

These included adjustments to his workload to allow him to meet his performance standards and move towards achieving his full capability. Peter is convinced that without the support of both the local representative and head-office staff, he would not now be working for this employer.

3.) Harassment and Bullying - "Louise"

Louise* was called in to see her managers and told that she was being removed from line management duties with immediate effect, as a result of a "serious allegation" made against her.

She immediately contacted FDA head office who made contact with her employer and asked for a copy of the allegations and the procedures that were being followed.

A full-time union official sat down with Louise and talked through her perception of what had happened.

Louise, a senior manager, had been working on issues of poor performance with the person who had made the allegations, and had been concerned about insufficient improvement, despite support and assistance.

A couple of days before the allegation was made, Louise realised that she needed to instigate the formal inefficiency procedure and had told the person involved on an informal basis, before preparing a formal letter. The person involved then went on sick leave and Louise felt it was inappropriate to send the formal letter until the person had returned to work.

Allegations of bullying and harassment were then made against Louise.

After a lengthy and stressful external investigation, the employer found in favour of Louise: it was the clear the allegations were malicious.

Louise feels that the support of the FDA enabled her to cope for the several months that this process took to reach its conclusion.

The FDA ensured that Louise knew exactly what was happening and was given appropriate support by her employer, including private welfare support. The FDA also ensured that the investigation was conducted properly and that the investigators were fully briefed and genuinely independent.

 

*Names have been changed to protect privacy