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Civil Servants - Investigations over last five years

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WQ.467/2021

WRITTEN QUESTION TO THE CHAIR OF THE STATES EMPLOYMENT BOARD

BY DEPUTY M.R. HIGGINS OF ST. HELIER

QUESTION SUBMITTED ON MONDAY 15TH NOVEMBER 2021

ANSWER TO BE TABLED ON MONDAY 22ND NOVEMBER 2021

Question

Will the Chair advise members of the number of senior and middle grade civil servants who have, in each of the last five years –

  1. been investigated for breaching the terms of their contract of employment;
  2. been investigated for breaching the code of conduct;
  3. been found guilty or innocent of any such breach (in either case);
  4. been disciplined for such breaches, stating the nature of the sanctions imposed in each case (e.g. docked pay, moved to another position or had their contract of employment terminated); or
  5. been allowed to resign from their positions rather than face disciplinary hearings for their actions;

and, in the case of Parts (d) and (e), will he further state whether anyone who left States employment as a result of a breach, or who was allowed to resign, received an enhanced severance package and was subject to a compromise or non-disclosure agreement?

Answer

  1. For the purposes of this part of the question, we have defined breaching terms of their contract of employment' to be a matter of either Probation[1] or Capability. Those so defined will therefore not be investigated but will be subject to performance improvement plans.

 

Year

Probation

Capability

2021

<5

0

2020

0

<5

2019

<5

<5

2018

<5

<5

2017

0

5

Total

6

12

  1. For the purposes of this part of the question, we have defined breaching a term of the code of conduct' to be Bullying and Harassment, Disciplinary and Grievance. Some form of investigation / fact-find will take place for any alleged breach of the Code of Conduct.

 

Year

Bullying & Harassment (B&H')

Disciplinary

Grievance  

2021

<5

16

9

2020

9

14

<5

2019

5

19

<5

 

2018

<5

15

7

2017

<5

15

<5

Total

25

79

23

  1. Those upheld include sanctions of informal, formal or final formal warnings. Within policy we are unable to reduce pay with the exception of Police Officers.

 

2021

Total

Upheld

Not upheld

Pending  

Capability

0

 

 

 

Probation

<5

 

<5

<5

B&H

<5

 

<5

<5

Disciplinary

16

<5

9

<5

Grievance

9

<5

<5

5

 

2020

Total

Upheld

Not upheld

Capability

<5

<5

 

Probation

0

 

 

B&H

9

<5

5

Disciplinary

14

7

7

Grievance

<5

<5

<5

 

2019

Total

Upheld

Not upheld

Capability

<5

 

<5

Probation

<5

<5

 

B&H

5

<5

<5

Disciplinary

19

12

7

Grievance

<5

 

<5

 

2018

Total

Upheld

Not upheld

Capability

<5

 

<5

Probation

<5

<5

<5

B&H

<5

<5

<5

Disciplinary

15

10

5

Grievance

7

<5

5

 

2017

Total

Upheld

Not upheld

Capability

5

<5

<5

Probation

0

 

 

B&H

<5

<5

<5

Disciplinary

15

<5

12

Grievance

<5

 

<5

  1. Officers dismissed

 

Year

Dismissed

2021

<5

2020

<5

2019

<5

2018

0

2017

0

  1. Resigned prior to disciplinary action

 

Year

Resigned  

2021

<5

2020

<5

2019

0

2018

<5

2017

<5

in the case of Parts (d) and (e), will he further state whether anyone who left States employment as a result of a breach, or who was allowed to resign, received an enhanced severance package and was subject to a compromise or non-disclosure agreement?'

Less than 5 employees allowed to resign were subject to a compromise agreement[2].