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amendment 80

The Civil Service Management Code is currently undergoing a major revision to clarify, update and correct anomalies and ambiguities which have appeared over the years with changes in policy and legislation.

Last updated - 30th January 2009

CIVIL SERVICE MANAGEMENT CODE

The Civil Service Management Code is currently undergoing a major revision to clarify, update and correct anomalies and ambiguities which have appeared over the years with changes in policy and legislation. There will also be a number of structural changes to the Code. This is a large project which will need to be carried out as a staged process. Amendment sheets will be circulated to keep departments and agencies informed as each stage is completed, and the website version of the Code will be amended to reflect these.

At this initial stage, for ease of maintenance, the Civil Service Order in Council 1995, the Civil Service Commissioners’ Recruitment Code, the Civil Service Code and the Civil Service Nationality Rules are no longer set out in full in this Code, but have been replaced by links to the relevant websites.

A number of cross reference and textual inconsistencies may arise as different areas of the Management Code are addressed. While we will be trying to keep these to a minimum, it is unavoidable at this initial stage of the project. Please use the e-mail contact point below if you have any problems.

STATEMENT OF CHANGES

1. REVISION OF: Section 1.1: Paragraph 1.1.2.b

The retention period for recruitment criteria records has been amended to “twelve months”.

2. REVISION OF: Section 1.1: Paragraphs 1.1.7 to 1.1.10 and Annex A - The Civil Service Nationality Rules

The Civil Service Nationality Rules are no longer set out in full. They, and the guidance on eligibility, can now be viewed on the Civil Service Website

This link can also be found in section 1.1.7 of the Civil Service Management Code. Annex A to this section has been deleted.

3. REVISION OF: Section 1.4: Paragraphs 1.4.3 and 1.4.4

Information on pensions starter packs has been updated.

4. REVISION OF: Section 1.5: Fast Stream Development Programme

Updated to reflect structural changes to Fast Stream recruitment.

5. REVISION OF: Section 1.7: Paragraph 1.7.3a

This paragraph has been amended by the Office of Civil Service Commissioners from:

“applicants were selected for their former appointments in accordance with Civil Service recruitment procedures operating at the time;

to:

“applicants were originally recruited by fair and open competition;”.

6. REVISION OF: Section 2.1: Paragraph 2.1.2

The Guidance on Age Discrimination is now owned by the Department for Work and Pensions.

The Fair Employment Commission is now the Equality Commission for Northern Ireland.

7. REVISION OF: Section 2.1: Paragraph 2.1.5

The paragraph has been amended to remove any suggestion that the procedures for complaints are separate to the statutory dispute resolution procedures. For consistency, the words “, and in line with the statutory dispute resolution procedures process (see Section 4.5).” have been added to the sentence ending “must be handled promptly and appropriately”.

8. REVISION OF: Section 4.1: Annex A: The Civil Service Code

The Civil Service Code is no longer set out in full in the Civil Service Management Code. It can now be viewed on this website:

This link can also be found in section 4.1 of the Civil Service Management Code. Annex A to that section has been deleted.

9. REVISION OF: Section 4.4: Paragraph 4.4.6b

The condition that civil servants must have had at least 10 years’ service before their election in order to be subsequently re-instated has been deleted.

10. REVISION OF: Section 4.4: Paragraph 4.4.9

The sentence in parenthesis identifying the grades of staff who would have fallen within the “politically restricted category” before 1 April 1996 has been deleted.

11. REVISION OF: Section 4.5

The section has been re-titled and re-written in accordance with the Statutory Dispute Resolution Regulations.

New Heading: Dismissal, Discipline and Grievance: Rules and Code of Practice

(New 4.5.1) The provisions on dismissal, discipline and grievance have been grouped together as the statutory provisions apply to all. As disciplinary and grievance matters are now so closely interlinked, the sections on individual grievance in Section 12.1.1 to 12.1.5 and 12.1.12 have been moved to 4.5 and the section currently dealing with discipline and group grievances has been expanded to cover individual grievances as well.

The reference to PIN 42 has been deleted as it is no longer relevant and potentially misleading. It gives the impression that being accompanied at a hearing is a privilege which should be conferred on staff. New procedures give staff the right to be accompanied at any grievance or disciplinary hearing which comes within scope.

(New 4.5.2) Formerly 4.5.5.

(New 4.5.3) Formerly 4.5.6.

(New 4.5.4) Formerly 4.5.7.

(New 4.5.5) This is an expanded version of paragraph 4.5.9 within the framework of the statutory dispute resolution procedures.

(New 4.5.7) Formerly 4.5.11.

(New 4.5.8) Formerly 4.5.12.

(New 4.5.9) Formerly 4.5.8.

(New 4.5.10) This is an amended version of paragraph 4.5.15.

(New 4.5.11) A paragraph on dismissal has been added to refer to statutory dispute resolution procedures.

(New 4.5.12) This is an amended version of paragraph 12.1.4.

(New 4.5.13) Additional text has been added to paragraph 4.5.4, which deals with the rights of TU representatives to bring complaints about general issues to the attention of management, to reflect the new “collective grievance” which allows employers and employees to be treated as having followed the statutory dispute resolution procedures when a TU official or other employee representative raises a grievance for two or more staff.

(New 4.5.14) Formerly 4.5.13. This section has been re-titled to provide clarity in terms of whom can represent staff throughout formal disciplinary or grievance procedures.

(New 4.5.15) This is an amended version of paragraph 4.5.14 to make it sufficiently clear that departments must put in place arrangements for both the initial and appeal stages of the disputes resolution procedures.

(4.5.16) Unchanged.

12. REVISION OF: Section 8.2: Paragraphs 8.2.4 and 8.2.4a

References to the “Principal Civil Service Pension Scheme (PCSPS)” amended to “Civil Service Injury Benefit Scheme (CSIBS)”.

13. REVISION OF: Section 10.3: Paragraph 10.3.2

The word “formal” has been deleted.

14. ADDITION OF: Section 10.3: Paragraphs 10.3.10 and 10.3.11

Paragraphs added to reflect the House of Lords judgement in Celtec Ltd v. Astley & others regarding the secondment of employees to a non-Civil Service organisation to which the function in which those employees are engaged is being transferred.

15. REVISION OF: Section 10.4: Paragraph 10.4.2a

The qualification “under 30” has been deleted.

16. REVISION OF: Section 10.4: Paragraph 10.4.5

The final sentence has been deleted.

17. REVISION OF: Section 12.1: Paragraphs 12.1.1 to 12.1.5 and 12.1.12

These paragraphs have been grouped more appropriately under section 4.5.

CONTACT

To enquire about these amendments contact:

Jane Allen
Civil Service Wiorkforce
Cabinet Office
Emaill: jane.allen@cabinet-office.x.gsi.gov.uk

Issued by: Jane Allen, Cabinet Office

Date: April 2008

List of amendments and contact

Full list of Amendments

Contacts

For enquiries about amendments to the code, or the code in general, contact: 

Jane Allen
Civil Service Workforce
Cabinet Office
Email: jane.allen@cabinet-office.x.gsi.gov.uk