MANAGEMENT IN CONFIDENCE
ANNEX
LEGAL POSITION
1. The legal position is that a civil servant is governed by the terms and conditions of service set out in Estacode. These have the force of regulations made by the Minister for the Civil Service under Article 5 of the Civil Service Order in Council] Nothing in the Trade Union and Labour Relations Act precludes an employer from taking such disciplinary action as he may see fit under his disciplinary code. If, however, the effect of disciplinary action were to involve a breach of, for example, the unfair dismissal provisions of the Trade Union and Labour Relations Act, a civil servant would in strictness be able to apply to an Industrial Tribunal.
2. Estacode exp icitly makes striking a disciplinary offence (Estacode N a 10) but is silent on forms of irregular action short of a strike. Nor is the general code of conduct and discipline (Estacode K) specific as to the discipline to which the individual civil servant is subject, though departments may have made more explicit regulations under the authority of paragraph A2 of Estacode. Estacode K a 2 states, however, that:-
"The first duty of a civil servant is to give his undivided allegiance to the state at all times and on all occasions when the state has a claim on his services."
It is clearly implicit in this that he must undertake his duties conscientiously to the best of his ability during normal working hours for which he is paid.
GENERAL APPROACH
Unofficial disputes
3. Departments are free to institute orthodox disciplinary action against staff taking part in unofficial action at a time when there is no official dispute with their staff association. It is often difficult to establish whether industrial action is official or unofficial, partly because a quick answer may be difficult to obtain from the National Staff Side or headquarters of the staff association concerned, and partly because those taking industrial action locally may not always appreciate that the approval of their headquarters rather than their local branch committee is necessary to make action official. Moreover, headquarters of staff associations have more often than not shown themselves ready to attach an official label to industrial action started unofficially by a local branch. Where the matter is in doubt and a quick decision is required, departments should avoid the use of normal disciplinary action in the Estacode K b sense and treat the matter as an official dispute.
Maintenance of service
4. As a general rule staff should not be directed to do any work which is not appropriate to the normal range of duties of their grade. This should not, however, be taken to imply the abrogation of any management right to direct staff to do whatever work of their own or a lower grade may be required of them. It must, however, be recognised that it may rarely be possible to invoke this right without worsening the position. Nevertheless, in a situation where some staff are on strike but others are attending work, the latter may be called upon to undertake either their normal work or work which they would not themselves generally carry out but which is nevertheless appropriate to their grade.
Temporary relief from duty
5. In considering what action should be taken against a civil servant who refuses to comply with a reasonable request to undertake specific tasks within the normal range of duties in his grade, it must be borne in mind that the normal disciplinary measures outlined in Estacode K b 4 are inappropriate during an official industrial disputs. People who refuse to carry out their range of duties in such circumstances should s termoremily raeved from duty and sent home, and
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MANAGIISUT IN CONFIDENCE