CHAPTER 12: CONDUCT AND DISCIPLINE (See also Civil Service Management Code, Chapter 4 - Conduct and discipline)
12.1. The following general principles should be observed by all staff: (1) they are expected to give their undivided allegiance to the House at all times when the House has a claim on their services and to cooperate with all reasonable requests made of them; (2) they are expected not to engage in private activities which might bring discredit upon the House; (3) they should not put their private interests before their official duty, neither should they put themselves in a position where their duty and private interests conflict, and they should not make use of their official position to further those interests; (4) staff of the House are required to carry out their duties with complete political impartiality. For political activities see paragraph 12.11.
Behaviour
12.2. Staff are expected to behave in a courteous,
considerate and helpful manner both to third parties and to one
another. Oppressive, bullying or disrespectful behaviour is deprecated,
especially when directed at more junior staff. If any member of
the staff persists in such behaviour, disciplinary procedures
may be invoked. Violent behaviour towards staff or others with
whom staff come into conduct will lead to disciplinary action.
12.3. It is important that all staff perform their jobs to the best of their ability, and at least to a satisfactory level. Excessive drinking during working hours is not permitted and where over-indulgence results in a deterioration in performance or conduct, or jeopardises personal safety or the safety and well-being of others, then disciplinary procedures will be invoked.
12.4. Alcoholism (alcohol-related illness) will be treated sympathetically, like any other illness, subject to the co-operation of the member of staff concerned in receiving appropriate treatment. If help is refused and if performance or conduct is unsatisfactory, inefficiency procedures or the Code of Discipline will be invoked.
12.5. This policy also applies to misuse of drugs with the proviso that the taking of illegal drugs during working hours will be viewed as a serious disciplinary matter; and the buying, selling or distribution of drugs is not only a serious disciplinary matter but a criminal offence and, without exception, will be reported to the authorities.
12.6. In accordance with section 9 of the Juries Act 1974, an Officer of the House of Lords is entitled to be excused from jury service. In this context "Officer of the House" is regarded as having a wider meaning than its usual one (see paragraph 7.13) and any member of staff who receives a jury summons should immediately inform the Human Resources Office, who will advise as to the course to be followed.
Next of kin, address and telephone numbers
12.7. All staff should inform the Human Resources Office of their next of kin, private address and telephone number (if any). Any changes of next of kin, address or telephone number should also be notified when they occur.
Second jobs and other outside occupations
12.8. Staff may not engage in any outside activity which would impair their usefulness as servants of the House.
12.9. Full-time staff are not allowed to accept any other post - paid or unpaid - which would require their absence from the House at any time during normal working hours. Exceptionally, leave to accept such a second post may be given by the Clerk of the Parliaments - for example where the activity is related to the postholder's work for the House. Applications for such leave should be made to the Head of Human Resources.
12.10. Any member of staff who wishes to hold a second job outside normal hours should notify the Head of Human Resources who is under a duty to ensure that staff do not exceed an average working week of 48 hours whether in the employment of the House or not.
12.11. Housekeepers and the catering staff of the Refreshment Department are free to take part in political activities outside the House. All other staff wishing to engage in national or local political activities, or to express views on such matters in letters to the press, or in books, articles, or leaflets, must consult the Head of Human Resources. Officers of the House may not join political parties. Other staff are not debarred from joining political parties, but they should not play an active political role or hold office.
Disclosure of official information, privilege
and confidentiality
12.12. While staff of the House are not subject to the provisions
of the Official Secrets Act 1989 in the same way as Civil Servants,
they are subject like all other persons to section 5 of the Act.
Under that section it is an offence for a member of staff to make
a disclosure of information falling within certain defined categories
which has either been given to him or her by a person acting in
breach of the Act or has been given in confidence by a Crown servant
(e.g. a Minister or a civil servant) or Government contractor.
This is subject in most cases to the qualification that the disclosure
is damaging and that it is made in the knowledge, or with reasonable
cause to believe, that it would be damaging. The defined categories
of information are (a) information relating to security or intelligence,
defence or international relations, and confidential information
obtained from a state other than the United Kingdom or an international
organisation; and (b) information the disclosure of which results
or is likely to result in the commission of an offence or which
otherwise interferes with the maintenance of law and order in
the manner set out in section 4 of the Act. The need to prove
that the disclosure is damaging applies to all information in
category (a) but not to information in category (b).
12.13. Staff should also be aware that unauthorised disclosure
of information about the work of the House - for example the contents
of a draft report - could be held to be a breach of its privilege
leading to disciplinary action.
12.14. Staff are expected to observe the normal practice of respecting the confidentiality of confidential information. There is no objection, however, to repeating information which has already officially been made public. Staff who are in doubt about the propriety of disclosing information in their possession should consult their Head of Office or a person authorised to deal with the matter.
12.15. Staff must at all times be discreet and avoid disclosure of personal or potentially sensitive information, howsoever obtained.
Publications etc. on parliamentary subjects
12.16. Staff must seek permission from their Head of Office
if they wish to publish an article or a book or broadcast or appear
on television on a subject in any way connected with their work.
Acceptance of gifts
12.17. Staff must not accept any gift or reward, except isolated gifts of a trivial character or occasional modest hospitality, from any member of the public or organisation with whom they have been in contact by reason of their official duties. If the refusal of such gift is likely to cause offence to the giver, they should immediately report the fact to their Head of Office who may consult the Head of Human Resources.
Borrowing and lending money
12.18. The borrowing and lending of appreciable sums of money
between members of staff is deprecated. It is a disciplinary offence
for a member of staff to borrow appreciable sums from a more junior
colleague for any reason which does not constitute an emergency.
It is also a serious offence for official funds to be appropriated
as a loan even in the very short term.
Bankruptcy and insolvency
12.19. A member of staff who becomes bankrupt or insolvent must at once report this to the Head of Human Resources, who will ask for a complete statement of the facts of the case.
Fraud
12.20. Staff in positions of management are responsible for preventing and detecting fraud, and for ensuring that effective means of control exist to those ends; while all staff have a duty to be honest, to act with propriety and integrity at all times and to safeguard public funds. Any act of fraud or suspected act of fraud should be reported immediately to the Head of Office or Internal Auditor who will arrange for investigation. If a prima facie case of fraud is established, the Head of Human Resources should be informed. She will determine what further investigation, legal and/or disciplinary steps should be taken. The full text of the fraud policy statement is at Appendix H.
Arrest or conviction
12.21. Staff must report to their Head of Office as soon as possible if they are arrested, or if they are convicted by a court of any criminal offence (except a traffic offence for which the penalty has not included imprisonment or disqualification from driving). In serious cases, staff who have been arrested may be suspended from duty until after criminal proceedings have been concluded. During suspension, pay may be withheld either wholly or in part.
Private telephone calls
12.22. Staff may if necessary make private calls from their
office telephones if the call is not likely to be of long duration
but this privilege must not be abused. In order to avoid congestion
of the limited number of lines on the Palace of Westminster exchange,
such calls should as far as possible be made at off-peak times.
Coin boxes are available for other calls. International calls should
be made through the switchboard and the individual concerned will
be billed for them.
Policy on use of email and the Internet
Monitoring
12.23. The House reserves the right to monitor incoming and outgoing emails and other use of the Parliamentary Network (PN) to establish that the system is being used properly and for necessary and lawful purposes. Monitoring will occur only where abuse of the email or the Network is suspected and can occur only with the approval of the Head of Human Resources. The individual(s) concerned will be informed that monitoring will take place. Any monitoring will be conducted in accordance with the requirements of the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000.
12.24. You are permitted to make occasional personal use
of the email system, provided that this does not interfere with
the performance of your normal duties. However, as the House
reserves the right to monitor emails, as set out in paragraph 2
above, privacy cannot be guaranteed.
12.25. In using email you must not send or distribute email messages, attachments, or other material which employ language or contain images that may reasonably be considered to be discriminatory, obscene, derogatory, offensive, threatening, insulting, illegal, harassing or otherwise harmful to recipients; you must not originate or distribute chain letters via email; if you receive what you consider to be an inappropriate internal email you should forward a brief note to the sender explaining that you do not wish to receive any further emails of that nature. If the sending of inappropriate emails continues you should advise your line manager immediately; if you receive any email which you think may contain a virus you should not open it but should contact the Parliamentary Communications Directorate (via the Helpdesk % 2001); if you receive an inappropriate email from outside the House of Lords which falls into the category of SPAM (a term used to describe unwanted and unsolicited emails sent to multiple email addresses) do not respond to the email but please notify your manager and forward the unwanted email to unwantedspam@parliament.uk and PCD will consider how best to prevent the receipt of similar emails in future.
12.26. You are permitted to make occasional personal use of
the internet provided that it does not interfere with the performance
of your normal duties and is outside your normal hours of duty.
You should understand that the House may monitor your use of the
internet, as explained in paragraph 12.23.
12.27. When using the internet:
do not use the internet for any illegal purposes; do not download information or pictures which are likely to cause offence to any other potential observers unless you have to do so in the proper discharge of your duties; do not use the internet for commercial activities, except in connection with your official duties; you must not deliberately visit web sites, or disseminate or retrieve information or software which contains material of an offensive, obscene or discriminatory nature; take all appropriate action to prevent viruses entering into the network; do not download software without the prior agreement of the Computer Office; do not use the internet for the purposes of promoting any external commercial activity.
12.28. In the event that you inadvertently access an inappropriate
internet site (as described above) you should immediately use the
'Back' button on the browser to return to the previous page or the
'Home' button to return to the parliamentary intranet home page.
12.29. Any non-compliance with this policy on the use of email
or the internet may lead to the application of the House of Lords
disciplinary procedure, which in serious cases could lead to your
dismissal.
12.30. This policy also applies when accessing the PN via a remote
link.
12.31. If you are unclear about any aspect of this policy
please speak to your line manager or contact Geoff Embleton in the
Human Resources Office.
Official stationery and photocopying
12.32. Official stationery is provided solely for use on
House of Lords business and must not be used for any other purpose.
Official paid envelopes and labels and franking stamps must not
be used for private correspondence. Abuse of paid envelopes or the
frank amounts to a fraud on the House and will be dealt with as
such under the disciplinary procedures. Staff may make occasional
use of photocopiers. Arrangements for more regular use should be
made through Parliament Office Supplies.
Dress
12.33. Staff who are provided with uniforms or protective clothing are expected to wear them while on duty. Refreshment Department staff must also observe the food hygiene regulations set out in paragraph 8.14. For other staff there are no formal requirements laid down, but they are expected, especially when in areas where they come into contact with peers, to dress in accordance with the standards normally observed by peers. These standards should also be met during recesses by any member of staff on the Principal Floor.
Personal property
12.34. Staff should not leave belongings lying around or
in unlocked drawers. Many people have access to the building and
regrettably there have been cases of theft.
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