FDA calls for removal of Prime Minister’s power to rule on bullying complaints

Before Andy Burnham entered No.10, FDA General Secretary Dave Penman wrote to the incoming Prime Minister, urging him introduce a fully independent process for dealing with bullying and harassment complaints about ministers.

In his letter to the now-Prime Minister, Penman wrote:

“As a new Prime Minister, you will have the opportunity to set out your expectations on the conduct of your ministers when you publish your version of the Ministerial Code”, which helps regulate the conduct of ministers, including in relation to any allegations of bullying and harassment.

Penman urged Burnham to go further than his predecessors and “introduce a fully independent process for investigating and determining on the facts of such allegations”.

Penman acknowledged that although every Prime Minister enters office “believing they will act only with integrity”, every Prime Minister is also conflicted by political headwinds and “often with the best of intentions, make bad choices that are driven by their own political interests.”

Penman stressed that this isn’t about “robust, demanding ministers. Civil servants actually like those, because they are clear about what they want and they will make decisions”, rather, it centred around tackling the systematic bullying of dedicated civil servants who cannot publicly defend themselves.

The letter added that, for a civil servant, “raising a complaint about a minister can not only be career-threatening, but ultimately is also about challenging one of the most powerful people in the country. To do so takes courage, but also confidence that the process for determining on any complaint will be fair and considered solely on its merits.”

As such, the General Secretary called for a recognition of this inherent conflict of interest and for Burnham to demonstrate, “a commitment to integrity, objectivity, accountability and leadership, key pillars of the Nolan Principles”, by ensuring this matter is addressed at the beginning of the Prime Minister’s tenure:

“Separating out a determination on fact – the outcome of the investigation – from the sanction that will apply if appropriate, would address the conflict in the current process. It would give civil servants the confidence they need that, if they take the brave and difficult step of raising a complaint, it will be decided solely on the evidence.”

Penman concluded that, “a fully transparent and independent process is not only what civil servants should expect in a modern workplace, but is also in the best interests of ministers, protects the Prime Minister from accusations of political bias and would be a visible demonstration of your commitment to doing politics differently.”

As reported in the i Paper, Penman stated that there can be no confidence in a system where “the individual who put that minister there in the first place is the same person who determines the outcome of a complaint.”

Penman highlighted the consequences that then occur when civil servants experience bulling and harassment at the hands of their ministers and have no confidence that it will be dealth with:

“They’re trapped. Their only choice is to leave the very job at the heart of government that for many is the pinnacle of their career or put up with behaviours that can be hugely damaging to their health and wellbeing.”

Read the full letter.