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Absence Management Forum 2010 www.hrreview.co.uk Thursday 28th January CCT Venues, Canary Wharf, London Organised by: Media Partner: Supported by: workplace healthcare

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Page 1: Absence Management Forum 2010 - Symposium€¦ · Corporate Advert 3. Forthcoming Events 4. Programme 5. Speakers’ Biographies 6. ... Cadbury’s, Strathclyde Police and East Sussex

Absence Management Forum 2010

www.hrreview.co.uk

Thursday 28th January CCT Venues, Canary Wharf, London

Organised by: Media Partner:Supported by:

workplacehealthcare

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Absence Management Forum 2010 Practical solutions to tackle long and short term absences

Thursday 28th January 2010

CCT Venues – Canary Wharf, London

Documentation Contents

1. Welcome Letter

2. Corporate Advert

3. Forthcoming Events

4. Programme

5. Speakers’ Biographies

6. Claire Tyers, Associate Director, Institute for Employment Studies

7. Dr James Bolton, Deputy Chief Medical Adviser, Department for Work and Pensions

8. Steven Whitehall, Attendance & Disability Adviser, Strathclyde Police

9. Matthew Thomas, Employee Relations Manager, Ernst & Young

10. Robert Manson, Director, Employee Health and Performance, GSK

11. Liz Felstead, Head of Workforce Planning & Training, East Sussex County Council

12. Charles Wynn-Evans, Partner, Head of Employment Practice, Dechert LLP

13. Tony Almond, Work-related Stress Stakeholder Engagement Team, Health and Safety Executive

14. Natalie Harries, HR Business Partner, Cadbury’s

Page 3: Absence Management Forum 2010 - Symposium€¦ · Corporate Advert 3. Forthcoming Events 4. Programme 5. Speakers’ Biographies 6. ... Cadbury’s, Strathclyde Police and East Sussex

Thursday 28th January 2010

Absence Management Forum 2010 Practical solutions to tackle long and short term absences

Dear Delegate, I would like to welcome you to our Absence Management Forum 2010. The CIPD’s annual Absence Management Survey found that the overall level of workplace absence across all sectors of the economy is an average of 7.4 days per employee per year. This is resulting in an overall cost to the UK economy of £17.3 billion. Many companies are still under estimating their rates of absence and, in turn, the financial impact this has on the company. With these figures in mind the Government’s new ‘Fit Note’ scheme has recently been unveiled. But there are still concerns about how this will work and how the scheme will be implemented. Absence Management Forum 2010 will give you the opportunity to discuss these concerns with Dr James Bolton the Senior Responsible Officer for the ‘Fit Note’ project. There are many practical steps you can take to manage absence, minimise financial risks and improve productivity. Employers need to deal with poor employee health and wellbeing, collect quality data on the reasons behind absence and develop a structured programme to tackle these. This event combines best practice case studies from organisations such as Cadbury’s, Strathclyde Police and East Sussex County Council, an interactive legal Q&A and expert analysis from the HSE and DWP. Symposium Events’ 6th annual Absence Management Forum 2010 offers you practical solutions to reduce your absence rates. This forum offers both HR and occupational health professionals an invaluable insight into how a variety of high profile organisations are tackling long and short term absence, implementing effective rehabilitation programmes and training line managers to identify potential problems. This website includes an up-to-date programme, copies of all presentations (where available), biographical notes on the speakers and information about our supporters. May I also take this opportunity to thank everyone who has contributed to the production of this conference. We are especially indebted to all the speakers. I hope you have a stimulating and informative day, and look forward to meeting as many of you as possible during the conference. Yours sincerely,

Paul Gray Director Symposium Events Ltd.

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For all your event management needs...

Symposiumevents

Conference Management Working in partnership with companies, public sector organisations, think tanks, trade associations, voluntary sector and so on, we can help you produce events ranging from half day seminars to week long conferences. Symposium can handle all aspects of production, including speaker support, staging, lighting, AV, set design, logistics etc.

Conference Consulting If you feel you need advice and support, but want to do some of the work with your inhouse team, Symposium can help you plan and manage your event. Our experienced team will work with your own staff to supplement and enhance their capabilities and ensure a top quality event.

Event Production For non-conference events, such as fun days, client entertainments, annual parties. Symposium can conceive, plan and execute the perfect day for your staff, clients or colleagues.

Symposium Events provides a wide range of event management and marketing services. We will run entire events for you or offer specialist consultancy and marketing support.

Training Days Symposium can organise bespoke training days for clients - either re-running topics from our public conferences for a private audience or designing packages for your individual needs.

Marketing and PR If you need assistance with marketing and public relations - whether events related or more generally - Symposium’s team has years of experience working with clients ranging from leading plcs to start-ups.

Contact Us Please contact us for further information: William Porter, Commercial DirectorSymposium Events LtdSuite 5 , One Mill Street, London SE1 2DF Tel. 020 7231 5100 Fax. 020 7231 5227 email [email protected]

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Forthcoming Events Reminder

Graduate Recruitment and Development Forum 2010Tuesday 2 February 2010Attracting and retaining the right graduates for your organisation.

Employing and Vetting Non-UK Nationals Forum 2010Tuesday 9 March 2010Protect your organisation against the dangers of illegal working.

The HR Directors Employment Law Forum 2010Thursday 18 March 2010Translating employment law trends into business practice.

The Learning Forum 2010Tuesday 23 March 2010Using the right technologies for effective learning.

Employee Engagement Summit 2010Tuesday 27 April 2010Driving employee engagement through brand reinforcement, CSR and the latest leadership strategies

Managing a Temporary Workforce 2010Thursday 29 April 2010Preparing for the Agency Workers Directive

European HR Leaders Summit 2010Tuesday 11 & Wednesday 12 May 2010Adding business value, improving process efficiencies and maximising people performance.

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Absence Management Forum 2010 Practical solutions to tackle long and short term absences

Thursday 28th January 2010

CCT Venues – Canary Wharf, London

Programme 09:00 – 09:30 Coffee and Registration 09:30 – 09:45 Introduction and Opening Address by Conference Chair

Claire Tyers, Associate Director, Institute for Employment Studies

09:45 – 10:10 Introducing the Government ‘Fit Note’ Project

Dr James Bolton, Deputy Chief Medical Adviser, Department for Work and Pensions

10:10 – 10:35 Positive Attendance Management

Steven Whitehall, Attendance & Disability Adviser, Strathclyde Police

10:35 – 10:45 Questions and Discussion with Speakers 10:45 – 11:25 Knowledge Share Networking Session This is your chance to discuss and debate the key issues and seek solutions to your absence management concerns. Split into roundtables groups to brainstorm and discuss:

• Pandemic planning: What have you learnt from the Swine Flu pandemic?

• How can you minimise sickness absence due to MSD’s • What strategies do you have in place to reduce unofficial

and ad hoc short terms absences • Have you implemented good back to work and rehabilitation

policies 11:25 – 11:55 Coffee and Networking 11:55 – 12:20 Identify Underlying Patterns in Long and Short Term Sickness

Matthew Thomas, Employee Relations Manager, Ernst & Young

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12:20 – 12:45 Active Case Management Robert Manson, Director, Employee Health and Performance, GSK 12:45 – 12:55 Questions and Discussion with Speakers 12:55 – 13:55 Lunch and Networking

13.55 – 14.20 The Effect of Wellness Programmes on Absence Liz Felstead, Head of Workforce Planning & Training, East Sussex County Council

14.20 – 15.00 Legal Issues: Interactive Q & A Session This is an interactive session where the topic of discussion will be decided by you. This is your opportunity to raise any of your legal concerns you have and put your legal questions to our expert presenter.

Charles Wynn-Evans, Partner, Head of Employment Practice, Dechert LLP

15.00 – 15.10 Questions and Discussion with Speakers 15:10 – 15:30 Coffee and Networking

15:30 – 15:55 Preventing Work-Related Stress Affecting the Health of your

Employees Tony Almond, Work-related Stress Stakeholder Engagement Team, Health and Safety Executive

15.55 – 16.20 Training and Educating Line Managers

Natalie Harries, HR Business Partner, Cadbury’s 16:20 – 16:30 Questions and Discussion with Speakers 16:30 Chair’s Closing Comments and Close of Conference

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Claire Tyers

Associate Director Institute for Employment Studies

Claire leads the Work, Health and Well-being research team. She has over ten years experience of delivering research and evaluation for policy clients, and joined IES in 1999. Claire has led a range of large scale research projects, most recently focusing on the evaluation of pilots run by the HSE as part of their commitment to reducing sickness absence and work-related illness. Claire has managed the evaluations of: the Workplace Health Connect Pilot which tested a model of occupational health support as delivered to SMEs; the Stress Implementation Plan which piloted the HSE’s management standards on work related stress, and; the Constructing Better Health pilot which tested the provision of occupational health support and health testing to the construction industry. She has also contributed to research examining worker behaviour around asbestos, and the impact of regulations in this area, in addition to research examining sickness absence management within the police force. Recently Claire helped to conduct a review of evidence for the cross departmental Health, Work and Wellbeing Executive which examined the effectiveness of work based interventions in the treatment of common health problems. Claire also has a track record of research in the learning and skills area, including work considering the labour market outcomes of graduates, and the role of career guidance for graduates and adults. Claire is able to use a range of research methods in her work, including the collection and analysis of both qualitative and quantitative data. She is able to deliver large scale, mixed methodology evaluations, but is also interested in working on smaller scale, exploratory studies.

Dr James Bolton

Deputy Chief Medical Adviser

Department for Work and Pensions James is Deputy Director for Health within the Health, Work and Wellbeing Directorate. He is also Deputy Chief Medical Adviser, leading on Health and Benefits Policy as well as some key Health and Work initiatives. He has overall responsibility for development and maintenance of policy in relation to health aspects of benefit entitlement assesments; for the overview of professional standards in relation to the provision of medical services to the department; for support to the Industrial Injuries Advisory Council; and is the Senior Responsible Officer for initiatives such as the Fit Note.

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He leads on the medical aspects of welfare reform policy development and implementation as well as contributing to development of the Directorate’s overall strategy on Disabiliity and Work.

Steven Whitehall

Attendance & Disability Adviser Strathclyde Police

Steven is the Attendance & Disability Adviser at Strathclyde Police and is responsible for the development and application of the attendance management and wellbeing strategy. Prior to joining Strathclyde Police, Steven worked on a Department of Work & Pensions pilot project aimed at supporting long-term absentees in the workplace back to work through a series of interventions.

Matthew Thomas

Employee Relations Manager Ernst & Young

Matthew has worked for Ernst & Young as Employee Relations Manager since 2004. Matthew is an assessor for the Business in the Community ‘Healthy Workplace Award’, he developed the firm’s award winning wellbeing programme, ‘Energy’ and formed EY’s Disability Working Group, Dyslexia Network and inter professional services disability network.

Robert Manson

Director, Employee Health and Performance GSK

Robert is currently the Director for Employee Health and Performance, for GlaxoSmithKline in the UK. He has worked for GSK for the past 15 years in both the occupational health and health and safety functions. He has a BSc in Occupational health and a NEBOSH Diploma in Environment Health and Safety management. Robert has gone on to obtain an MSc in Health Ergonomics at the University of Surrey and now takes a lead role in musculoskeletal and mental health management within GSK.

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He has written several articles on attendance management and ergonomics. He is a visiting lecturer at the University of Surrey. Robert is one of 12 Global Facilitators that lead the Energy for Performance programme within GSK which has had life changing results for employees both at work and at home.

Liz Felstead

Head of Workforce Planning and Training East Sussex County Council

Liz Felstead is currently Head of Workforce Planning & Training at East Sussex County Council, having gained a wide experience through a number of strategic roles with the Authority. A key target for Liz has been to reduce sickness absence levels within the organisation, particularly targeting long term sickness cases and shift the organisational culture from an expectation of sickness absence to one of attendance, whilst focusing on proactive wellbeing support to employees.

Charles Wynn-Evans

Partner, Head of Employment Practice Dechert LLP

Charles Wynn-Evans heads Dechert's London employment practice. His work covers all employment-related matters, including the employment aspects of corporate transactions as well as unfair and wrongful dismissal, sex and race discrimination, industrial action, boardroom disputes, restrictive covenants, agreed terminations, tax issues and all employment-related litigation matters. He is a member of the Law Society's Employment Law Committee and the City of London Law Society's Employment Law Committee and is a CEDR accredited mediator.

Page 11: Absence Management Forum 2010 - Symposium€¦ · Corporate Advert 3. Forthcoming Events 4. Programme 5. Speakers’ Biographies 6. ... Cadbury’s, Strathclyde Police and East Sussex

Tony Almond

Work-related Stress Stakeholder Engagement Team

Health and Safety Executive

Tony joined HSE in April 2005 working as Communications Manager on the Work at Height Regulations. He spent three years trying to stop people falling off ladders and from there moved to the work-related stress team to take forward stakeholder engagement. His current work involves persuading organisations to adopt the Management Standards for Work-related Stress as an effective way to stop employees being made ill by the work that they do. Before HSE he worked for Department of Work and Pensions (DWP) in the London area for 18 years where he held a number of health and safety related posts including health and safety manager, facilities/ estates manager, HR and planning and resources manager for various parts of DWP.

Natalie Harries

HR Business Partner Cadbury’s

Natalie is HR Business partner for a business unit of Cadbury plc. There has recently been a huge focus on absence management on site and Natalie led the project on how we tackle this issue and has embed a number of changes to ways of working over a short period of time, and also is clear on ensuring the plan is sustainable going forward.

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Supported by: Introduction and Opening by

Conference ChairConference ChairMedia Partner:

Organised by: Claire TyersA i t Di tAssociate Director

Institute for Employment p yStudies

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Supported by:Introducing the

G t ‘Fit N t ’ Government ‘Fit Note’ Project Project

Media Partner:

D J B ltOrganised by: Dr James BoltonDeputy Chief Medical Adviserp y

Department for Work d P iand Pensions

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Fit NoteFit Note

James Bolton a es o oDeputy Chief Medical Adviser

Department for Work and Pensions

January 2010

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ContextContext

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Ageing society

53%

52%

50%

51%

tage

Shows % of working age population who are over 40 vs those

d 4049%P

erce

ntunder 40. [Source – Office for National Statistics]

47%

48%

46%2008 2013 2018 2023 2028 2033

years

Wkng Age under 40 Wkng Age over 40

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Proportionally less of working age

3.3

3.1

3.2

Old age support ratio shows number of working-age per person 2 9

3

working age per person of pension age.[Source – Office for National Statistics]

2.8

2.9

]

2.6

2.7

2.52008 2013 2018 2023 2028 2033

years

Old Age Support RatioOld Age Support Ratio

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Rising prevalence of health conditions

1.4

1

1.2

0.6

0.8

mill

ion

Estimated cases

0.2

0.4

of coronary heart disease and diabetes

02006 2033

years

Coronary heart disease diabetes

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Costs

Cost of working age ill health:

- To economy > £100 billion• Lost productivity £60 billion• Sickness absence £10+ billion

- To Government > £60 billion• Cost to NHS £5 - 11 billion

C t f b fit £29 billi• Cost of benefits £29 billion• Lost tax revenue £28 – 36 billion

- To the individual

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MythsMyths

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Common myths

• You must be 100% fit to work

• Work is bad for your health if you’re ill

• You must be signed back to work

• Often reinforced byMedical adviceEmployersBenefits system

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People with health conditionsPeople with health conditionsand disabilities do workand disabilities do work

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EvidenceEvidence

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Work Is Generally Good For You

Being out of work is associated with poorer physical and mental health

WorkC h d h l h ff f1. Can reverse the adverse health effects of unemployment

2 Is generally good for physical and mental2. Is generally good for physical and mental health and well-being

3. Can be therapeuticp

The beneficial effects of work outweigh “Is Work Good for Your Health and Well-being?”

the risks and are greater than the harmful effects of prolonged sickness absence

Waddell and Burton 2006

absence

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What works at work?

• Interventions with employee-employer partnership and/or consultation yield thepartnership and/or consultation yield the best results

• Communication, co-operation and common agreed goals between stakeholders can reduce sickness absence rates

• Employees’ attitudes and beliefs are important considerations (in addition to

“What Works at work?”

Hill, Lucy, Tyers and James 2007important considerations (in addition to

their health)

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Vocational Rehabilitation

• Effective VR requires both work-focussed healthcare and workplaces that are

d tiaccommodating

• There is a strong scientific evidence base for• There is a strong scientific evidence base for many aspects of VR, a good business case for VR and good evidence on its cost gbenefits

• With appropriate support over 90% of people with common health problems can be helped to return to work by

“Vocational Rehabilitation -What work, for whom and when”

Waddell Burton and Kendallcan be helped to return to work by following a few basic principles of healthcare and workplace

t

Waddell, Burton and Kendall 2008

management

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ChallengesChallenges

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Challenges

• Worklessness has major impact on individuals and families

• Poor health and widening health inequalities

• Social exclusion and isolation

• Financial problems and povertyFinancial problems and poverty

Si ifi t t f i ti iti d th• Significant costs for organisations, communities and the economy of working age ill health

• Having sufficient people to satisfy future workforce needs

- Shrinking and ageing workforce and an ageing population

- Compounded by increasing chronic disease p y g

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ResponseResponse

• Change perceptions and behaviour

• Encourage employers to be proactive, supportive and accommodatingaccommodating

• Ensure early and effective interventionEnsure early and effective intervention

• Improve communication between healthcare and employment p p y

• Encourage a focus on the health and work agenda at local level

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Sick NoteSick Note

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Sick noteSick note

• Not changed for a very long time

• Does not reflect world of work

• Does not reflect current medical practice

• Is too binary

• Encourages ‘unfit’ decision

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Sick note

• Doesn’t provide employers or employees with the information needed to support a return to workneeded to support a return to work

• Focuses on what an individual cannot doFocuses on what an individual cannot do

• Can support the common mythspp y- Need to be signed back- Must be 100% fit to work

• Often not seen as a therapeutic intervention

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Fit NoteFit Note

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Fit Note

• New statement of fitness for work

- Creates “may be fit work” option

- Allow provision of supportive advice

- Shares responsibility with employer

- More user friendly

- Computer generated

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Guidance

• Seen as critical

• Guidance developed for:

GPsE lEmployersPatientsOH professionalsOH professionalsAdvisory bodies

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Progress

• Changes subject to consultation and regulation amendmentResponses generally positive- Responses generally positive

- Legislation will be before parliament shortly

• Guidance is almost complete

• On track for implementation April 2010

• Tight timescales

• Progressing computer generation plan- Successfully piloted

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ConclusionConclusion

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Conclusion

• As a society we face a real challenge in the future in having enough people available to work

• Allowing people to needlessly fall out of work when healthAllowing people to needlessly fall out of work when health conditions arise has huge implications for them and their families

• Addressing these challenges requires a partnership approachg g q p p pp

• Fit note is part of the answer providing work focussed• Fit note is part of the answer providing work focussed healthcare and supporting accommodating workplaces

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Supported by: Positive Attendance Management

Media Partner:

Organised by: Steven WhitehallAttendance & Disability Attendance & Disability

AdviserStrathclyde Police

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Positive Attendance ManagementManagement

Positive AttendancePositive Attendance

Management

Steven Whitehall

Attendance & Disability Adviser

Strathclyde Police

28 January 2010y

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Introduction –Strathclyde PoliceStrathclyde Police

Formed 1975

c 8200 officers

Population 2.3 million

5000+ square milesc.8200 officers

c.2800 police staff

5000 square miles

8 Territorial divisions

3 Central functions

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Positive Attendance Management

Positive Attendance Management (PAM) SOP

Management

Positive Attendance Management (PAM) SOP Development

Key Components of PAM SOP

Linking OHU/HR/Safety/EWPLinking OHU/HR/Safety/EWP

Ensuring Communicationg

Monitoring & Evaluation

Disability in Employment/Stress Management & Prevention

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Positive Attendance Management

Positive Attendance Management Strategy at SP Management

Absence Review Group established September 2007

P iti Att d M t SOP l h d J lPositive Attendance Management SOP launched July 2008 (at same time as Disability/Stress SOPs)

Benchmarking/Researchg

Absence Review Working Group

Consultation with Staff Associations/Federation

I l t tiImplementation

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Positive Attendance ManagementManagement

Positive Attendance Management Policy

Set-up a review groupAppoint a co-ordinatorEngage early with Unions/AssociationsEngage early with Unions/AssociationsHyperlink to other Policies‘Obtain’ any external adviceImpact assessImpact assessMust involve TRAINING

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Positive Attendance ManagementManagement

Positive Attendance Management – Staged ApproachAttendance Support Interviews ( i.e. Bradford Factor Trigger)

Positive Attendance Management Staged Approach

Bradford Factor Trigger)Formal Attendance ReviewsLocal Attendance Monitoring GroupsF Att d M it i GForce Attendance Monitoring GroupReturn to Work Interviews

Documentation throughout process

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Positive Attendance ManagementManagement

PAM Trigger Chart

Trigger 1 – Notification of First Day of Absence (Day

1 – 7)

Trigger 2 – On receipt of Medical Certificate

(Day 8 – 28)

Trigger 3 – Absence exceeding 4 weeks (Preliminary Case

Conference: LAMG)

Trigger 4 – Absence exceeding 16 weeks

LAMG & preparation for FAMG

Return to Work Trigger – To be completed within 48 hours of Return to

Work(Day 29 – 112) (Day 113>) Work

Phone the Absence Management Reporting Line on 0141-427-8080. Information required:

Ab d t

Where absence continues beyond 7 days make arrangements to see GP for a medical certificate and inform line

f thi Th

Invitation to preliminary case conference: Local Attendance Monitoring Group (LAMG). Ab t i it d t

Invitation to case conference: Local Attendance Monitoring Group (LAMG). Ab t i d t

Phone the Absence Management Reporting Line on 0141-427-8080, and advise them that you are fit for duty (which i l d tifi ti• Absence reason and type.

• Duration of sickness or expected return to work date. • Is absence related to an accident/injury on duty?

manager of this. The certificate is to be submitted directly to line manager within 3 days (11th day of absence). Maintain regular

Absentee invited to attend a preliminary case conference and may be accompanied by a friend, colleague or staff association/trade union representative

Absentee required to attend case conference, and can be accompanied by a friend, colleague or staff association/ trade union representative.

includes notification on rest days). Telephone your line manager confirming your return to duty.

Telephone line manager to inform them of absence. 4th Day - contact line manager on 4th day to advise whether absence is

Maintain regulartelephone contact with line manager and advise on likely return to work date. In order to maintain

representative. Update the LAMG in respect of current status and advise of likely return to work date, if known.

If unable to attend then the case may go ahead in their absence, however the individual may wish to be represented by a member of staff

Attend Return to Work (RTW) interview. Provide any outstanding medical certificates. Update SCOPE RTWadvise whether absence is

likely to continue beyond 7 days. In order to maintain eligibility for sick pay individuals must comply will all notification

In order to maintain eligibility for sick pay you must comply will all notification and certification procedures. Failure to do so will result in formal action

member of staff association/trade union.

Update SCOPE RTW Interview by providing digital signature.

comply will all notification and certification procedures. Failure to do so will result in formal action under the

result in formal actionunder the terms of the SOP.

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Day 1 Approach –Early Intervention

Notification

Early Intervention

Care Call

4th Day Contact4th Day Contact

7th Day Contact

Weekly Contact/Home Visit

Referral to OHU/EAP?

• Reason for absence(s); Self or Med Cert; Anticipated return to work; Injury on Duty; No. of previous absences etc

DAY 1 WEEK 1 WEEK 3 WEEK 4WEEK 2DAY 4

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Positive Attendance ManagementManagement

Positive Attendance Management Policy

Awareness to embedLine management ownershipEmployee ownershipEmployee ownershipDepartmental accountabilityEquality/Fairness/Consistency – disability, pregnancy etcp g y

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Positive Attendance ManagementManagement

Policy Development – Learning points

Disclaimer – does not cover every scenarioscenarioEmphasise different Terms & ConditionspClear structure/demarcationH li k t th P li iHyperlink to other Policies‘Qualification’ words importantpDoes not contain all the answers

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Positive Attendance ManagementManagement

Positive Attendance Management

Link HR/OHU/Safety/EAPIntegrated approach – minimise gapsOutline Key ResponsibilitiesOutline Key Responsibilities Healthy Policing Strategy – PREVENTAvoid ambiguityAvoid litigationAvoid litigation

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Positive Attendance ManagementManagement

Monitoring & Evaluation

Attendance Management SystemRecords, Trends and AnalysisException reportsException reportsReal-time dashboardAudit trail – actions/outcomes/positionGovernance Departmental selfGovernance – Departmental self-assessment

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Positive Attendance Management

PRE PAM SOP Implementation

Management

Strathclyde Police:yAbsence:

Police Officers: 5 26% (circa 11 0 days perPolice Officers: 5.26% (circa 11.0 days per officer)Police Staff: 6.27% (circa 12.4 days per staff member)

Rehabilitative Duties No’s:Rehabilitative Duties No s:Police Officers: circa 250

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Positive Attendance Management

POST PAM SOP Implementation

Management

Force Police Officers Police StaffCit f L d 3 5% 4 5%City of London 3.5% 4.5%Metropolitan 3.1% 4.1%Greater Manchester 3 7% 4 8%Greater Manchester 3.7% 4.8%West Midlands 3.0% 3.5%Lancashire 2.9% 4.1%Merseyside 3.8% 4.5%Northumbria 3.8% 3.8%Kent 3.7% 4.1%Strathclyde 4.5% (8.7 days) 5.2% (10.1 days)

Rehabilitative Duties No’s:Police Officers: circa 140

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Positive Attendance Management

Year on Year impact on daily absence:

Management

Xmas Period 2008 & 2009Police Officers - Daily Absence Levels Comparison '09 & '10

450

500

300

350

400

150

200

250

50

100

150

0

2009 445 444 446 456 422 407 394 357 359 381 416 404 407 407 371 342 335 345 343 3662010 336 331 321 308 294 294 288 270 275 279 279 264 280 293 280 274 290 291 274 301

18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6

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Positive Attendance Management

Year on Year impact on daily absence:

Management

Xmas Period 2008 & 2009Police Staff - Daily Absence Levels Comparison '09 & '10

160

180

200

120

140

160

60

80

100

20

40

0

2009 177 172 165 168 146 141 133 123 121 126 131 125 146 150 142 135 134 138 135 1612010 148 147 143 136 133 133 137 130 129 128 127 127 133 132 125 121 121 118 117 137

18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6

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Positive Attendance Management

Ensuring Communication

Management

Ensuring Communication

High visibility of processg y pBooklets‘V’ C d‘V’ CardsTrigger ChartsggStatement of Intent - Chief Constable

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Positive Attendance ManagementManagement

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Positive Attendance ManagementManagement

Source: Evening Times October 23 2008

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Positive Attendance ManagementManagement

Disability/Stress in Employment

Linked to Attendance PolicyEnhanced duty of careReasonable/Accommodated adjustmentsReasonable/Accommodated adjustmentsManage risk – educate managers/HRDo not fear ‘DISABILITY’ or ‘STRESS’

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Positive Attendance ManagementManagement

New: Accountability through appraisal / PDRNew: Accountability through appraisal / PDR

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Positive Attendance ManagementManagement

Positive Attendance Management - Tips

There is no perfect policy!

Positive Attendance Management - Tips

There is no perfect policy!Medico-legal input requiredFramework Guidance (Plain English)Framework…. Guidance (Plain English)Staged Approach – triggers and

ibiliti i lresponsibilities crucial•Do not include anything that you cannot deliver•Be pragmatic and realistic with expectationsp g p

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Positive Attendance ManagementManagement

Challenges

‘Fit’ Note

Challenges

Fit NoteEquality BillDemographic changes in workforce profileDemographic changes in workforce profileEmployment law UpdatesTh t f Liti ti• Threat of Litigation

• Generous sick pay entitlement schemes

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Attendance Managementg

Questions?Questions?

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Supported by:Identify Underlying

P tt i L d Patterns in Long and Short Term Sickness Short Term Sickness

Media Partner:

M tth ThOrganised by: Matthew ThomasEmployee Relations Employee Relations

ManagerErnst & Young

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Identify Underlying Patterns in Long and Short Term SicknessMatthew Thomas – Employee Relations Manager

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Our point of view/ Business case

► High workload and pressure are part of our environment.

P l h h i ll / h l i ll b t f b tt t ib t l ► People who are physically/psychologically robust perform better, contribute over a longer period and recover faster. (IHPM/ Vielife Research)

► Robust organisations have sustained high performance, lower absence and more satisfied ► Robust organisations have sustained high performance, lower absence and more satisfied people.

► Our people, not our services, create a differentiated experience for our clients. We want to t diff t i f l hi h i li t th d k th create a different experience for our people, which is appealing to them and makes them

distinctive in the market.

► Our strategy is driven by a belief that an organisation committed to the health and well-being gy y g gof its people is more attractive as an employer, more effective as an advisor and more efficient as a business.

Companies ith a strong emplo er brand sho engagement le els 28% higher than those ► Companies with a strong employer brand show engagement levels 28% higher than those without (source: Corporate Leadership Council research) and people in ‘good health’ are up to 20% more productive than those in ‘poor health’ (source: vielife.com corporate health research compendium)research compendium).

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Well-being strategy

Mission StatementTo increase awareness of and engagement on employee well-being in order to build a robust organisation to achieve: sustained high performance, lower absence and more satisfied employees.

Key Deliverables1 Review measures with stakeholders to highlight and identify areas of focus1. Review measures with stakeholders to highlight and identify areas of focus2. Engage with management to implement solutions:

• Employee Relations v Medical case• Promote UK well-being framework to staff• Link to related initiatives (Resilience sessions/ Work Smart)

3 M h f i l d i i i i d dj f f3. Measure the success of implemented initiatives and adjust areas of focus as appropriate

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Approach

Analysis and planningM thl ti ith t k h ld l l ti h lth & f t1. Monthly meeting with stakeholders - employee relations, health & safety, occupational health, HR business partner teams

2. Review dashboard► Staff with 10 days (intermittent) absence or more► Staff with 1 months continuous absence or more ► Positive Health Programme (PHP)► Global people survey

Objectives and target setting3 From these inputs consult line management about case with a view to3. From these inputs, consult line management about case with a view to

implementing intervention/sActivity

I th t tt th t k t th t t i l4. In the event a patterns emerges the team works together to put in place focused health and wellbeing activity

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Absence reporting

Statistics:S *UK Private Sector 6.4 days p.a.*

UK Professional Services 5.1 days p.a.*Ernst & Young 6 4 days p aErnst & Young 6.4 days p.a.

£9.1m sick pay (2009)*Source: CIPD Absence Management Survey 2009Report fields (in addition to biographical data):Total absence Reason for absence 1st day of absence 26 k f b Li M OH C t t26 wks of absence Line Manager OH Contact ER Contact HRBC RTW CommentsComments

22 January 2010 AbsencePage 6

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Positive health programme: Well-being measures - area of focusWell-being measures - area of focus

To ensure the areas of focus are relevant the firm monitors well being toTo ensure the areas of focus are relevant, the firm monitors well-being to identify areas which may impact absence rates, productivity and satisfaction scores:

► Stress – 73% of staff have stress problems (30% high risk, 43% sub optimal)

► Sleep – Over two fifths of staff has sleep problems (28% high risk; 20% medium risk), with 45% reporting sleeping less than 7 hours per nightnight

► Nutrition – 30% of staff have poor nutritional balance

► Exercise – 26% lead a sedentary life and a further 16% do not do enough physical activity to benefit their health

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Positive health programme: Analysis of health status for UK FirmAnalysis of health status for UK Firm

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Global people survey: A link between control and happiness / discretionary effortand happiness / discretionary effort

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(1) Individual Intervention

Engage in conversation about health and well- being with line manager. Powerful tool to identify what issues affecting individual:tool to identify what issues affecting individual:

• Advice and guidance on people management

• Absence management process

• Stress policy and risk assessment

O ti l h lth t f k• Occupational health support framework

• UK well being framework

• Analysis of current health status

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(1) Individual intervention -OH support frameworkOH support framework

PMI Physiotherapy

BupaOccupational

Health Physician

OccupationalRoodlaneMedical

Occupational Health

Physician

Physiotherapy

Occupational Health Employee Relations

Mediation services

A W kAccess to Work

Unum

Rehabilitation Services

EAP –Telephone

EAP – Face to FaceTelephone

CounsellingFace

Counselling

Health & Safety DSE Assessment

22 January 2010Page 11 Occupational Health Triage

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(1) Individual intervention - UK Wellbeing frameworkframework

PositiveRehabilitation

services Access to

OccupationalHealth

Restaurant/

Absence Management Policy

Positive Health

programmeResilience sessionsWork

Health Insurance Gym

Subsidies

Restaurant/ Fruit

Absence MgmtTraining

Sport ReliefIntranet

site

Employee Assistance Programme

Stress PolicySports Teams

AccidentInsuranceWellbeing Week

Health Assessments

Programme

Flu vaccinations

External Benchmarking

Stress Notification

EYHelp HR

Bikes for Work

22 January 2010 Presentation titlePage 12

EYHelp HR

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1) Individual intervention - Health & Well being - Intranet sitebeing - Intranet site

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(2) Group Interventions

Engage in conversation about health and well- being. Powerful tool to identify what local issues affecting team he focused activity involved:what local issues affecting team. he focused activity involved:

• Team briefings/ focus group outlining intent and expectations• Education sessions on key areas of focus• Individual analysis of current health status• Gap analysis discussions, to identify how the team might need to change toGap analysis discussions, to identify how the team might need to change to

become healthier• Team agreement on specific targets and desired changes• Local implementation through occupational health health & safety and HR• Local implementation through occupational health, health & safety and HR

teams as well as intra-team changes to working practices and personal actionsLocal and central progress tracking to ensure progress and identify common• Local and central progress tracking to ensure progress and identify common themes

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Engagement – Structured discussions

Role description:• Champion project – have thorough understanding of approach

Review position

Consult management and team/s

Establish dialogue on proposal

understanding of approach • Engage with leadership team to establish buy in and gain feedback• Coach team leaders on working/ focus group discussion

Appoint Project Manager/ Working group

discussion • Present jointly with HR, programme aims and objectives • Set tone of open communication, so people feel comfortable speaking about their needs

Develop programme (including aims and objectives) at team meeting (i.e. POD meeting), discuss and formulate action plan

feel comfortable speaking about their needs• Coordinate requests and develop action plan• Report effectiveness to both leadership team and group• Collate feedback to develop case study

Engage working/ focus groups (utilise existing teams) to address areas of concern on both individual and group basis

• Collate feedback to develop case study

The following areas can be reviewed to measure effectiveness:

individual and group basis.

Review and measure effectiveness

• Take-up and feedback on pilot by participants• Absence rates • Positive Health Programme• Global People survey• TalentDrain- Exit Interview dataTalentDrain Exit Interview data

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Raising awareness - Campaign

Pick up your free water bottle

Research shows drinking more water improves concentration, improves the appearance of your skin and reduces the risk of heart attack

In addition to providing free water bottles, the firm has a well-being programme to: ►support you in improving your health and well-being ►build a more robust organisation to►build a more robust organisation to achieve ►improve your performance and

ti f tisatisfaction.

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Simple interventions – You Can Do!

Exercise: – Skip the lift and take the stairs,p ,– Take a break from your desk - Communicate the old-fashioned way –

walk over to your colleagues desk instead of calling/ emailing or using sametimesametime

Nutrition: – Fruit and vegetables - 5 portions a day, vary the type and colour– Carbohydrates to provide fibre and energy – Protein to provide the building material for cells– Drink 2.5 litres of water a dayy

► Sleep:To find out how much you need on a nightly basis, keep a sleep diary - record the time you go bed what time you go to sleep what time you wake and howthe time you go bed, what time you go to sleep, what time you wake, and how alert you feel during the day. Keep your diary for a week, then make an active attempt to sleep a bit longer the next week and evaluate the difference

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Associated initiatives – Work Smart

• Control over where, when and how you work.

• Transparency about existing flexible work arrangements operating effectively in the business.

• Reinforces informal flexible working practices such as occasional working from home, variable start/finish times and ad hoc time off - recognising therefrom home, variable start/finish times and ad hoc time off recognising there is no ‘one size fits all’.

• Supports formal flexible working but recognises that the formal nature of• Supports formal flexible working but recognises that the formal nature of contractual changes (such as part-time work) means lower take up is likely.

‘Fl ibilit ’ i b t t & t l t k th t t• ‘Flexibility’ is about empowerment & control to work the way you want to meet the needs of your team and clients - working differently not less.

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The flexibility proposition

We will… You will…

P id t iti f t t k T k ibilit f ti thProvide opportunities for you to take more control over how you work.

Take responsibility for meeting the commitments made to your clients & team.

Trust you to deliver, perform and contribute to a high standard.

Build the trust of others by ensuring the work gets done on time and to a high standard.

Be open-minded and trust yourjudgement and personal organisation.

Be pragmatic, recognise that sometimes it’snot possible to work the way you want.

Work with you to find solutionsif things aren’t working.

Plan ahead, share your working patterns, and how to contact you.

Keep in touch with clients and colleaguesKeep in touch with clients and colleagues, update them on what you are working on,

fully participate in activities to network.

Promote the infrastructure available to help you work more efficiently.

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Measure effectiveness

Once the programme has been completed the effectiveness should be evaluated:evaluated:

► Absence rates► Positive Health Programme► Occupational health data► External health assessment providers► External health assessment providers ► Take-up and feedback on group intervention► Global People survey

T l tD i ( it d t )► TalentDrain (exit data)

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2008 Headlines

Days lost to absence decreased from 4,566 per month to 4,411 per month

Our external health assessment provider, Nuffield Proactive Health, provides details of our progress in quarterly and annual reports:p g q y p

• A reduction in numbers of our people reported as being psychologically stressed from 27 8% to 26%stressed, from 27.8% to 26%

• A reduction in attendees registering a Body Mass Index (BMI) score of over 25 (a BMI over 25 is considered to be overweight) from 56.5% to 48.6%A i i i l t k f tt d ( t d d t• An increase in maximal oxygen uptake of attendees (standard measurement of cardio respiratory fitness in the human body) from 23.4% to 45.2%

• An increase in the number of attendees from 39% to 55% if eligible employees

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Questions

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Supported by: Active Case Management g

Media Partner:

Organised by: Robert MansonDirector Employee Health Director, Employee Health

and PerformanceGSK

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Active Case ManagementActive Case Management

Robert MansonGlaxoSmithKlineGlaxoSmithKline

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Definition of Case Management

• A standardised approach to the management f ith h lth i th t i ithof a person with a health issue that is either

caused by work, or impacting on work, in a timel ell comm nicated manner that ens restimely well communicated manner that ensures sustainable business success.

Ref.GSK 2004

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Previous Model of Absence Management

• Each site having their own process• Reactive and unfocussedReactive and unfocussed• Unstructured and unplanned• No real impact on absence levelsNo real impact on absence levels• HR and Line Management duplicating work• Role misunderstanding across business• Role misunderstanding across business• Inappropriate requests for information• Cost and type of absence not measured• Cost and type of absence not measured

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What changed

• Downsizing of EH&P and HR by 20%• Revised and simplified attendance processRevised and simplified attendance process• Clarification of roles HR, EH&P and line management• Absence types analysed and trended by EH&PAbsence types analysed and trended by EH&P• Attendance included as KPI • Focus on musculoskeletal and mental health• Focus on musculoskeletal and mental health• GP and external services aware of in-house support• Revised PDP process focusing on behaviours• Revised PDP process focusing on behaviours• Culture change to engagement and empowerment

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Key Components of Case y pManagement

• OHA led• Structured and consistent approach • Collaborative (HR/Line/Employee)• Contain trigger points to initiate action• Advisory - specific guidance produced• Transparent within bounds of confidentiality and ethics

C li t (l i l ti d li )• Compliant (legislation and company policy)• Facilitates return to work and rehabilitation• Liaison with health care services eg Physiotherapist• Liaison with health care services eg Physiotherapist,

GP, Consultant, EAP

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Line Management Role• The management of attendance in conjunction with

EH&P and HR• The timely referral to EH&P of employees for health• The timely referral to EH&P of employees for health

assessment • Recording of all self-certificates g• Ensuring all medical certificates from the GP/Specialist

are sent straight to EH&P by the employee• Initiating case conferences at 16 weeks and 26 weeks• Making ultimate decision regarding employee’s future

in conjunction with HRin conjunction with HR

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HR Role• The recording of all absence rates and costs • Attending case conferences with EH&P and line

management• Advising employee and line management on HR policy • Advising employee and line management of benefits,

EAP to support early return to workAd i i li t k t i ill• Advising line management on work outcome i.e. ill health retirement, long term disability

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EH&P Role• Timely response from management referrals• Highlight of red flag cases

P id i ti l d f i l d i• Provide impartial and professional advice• Advise on specific workplace modifications • Make early and regular contact during absence• Make early and regular contact during absence • Provide HR and Line management with accurate

measurement of absenceeasu e e t o abse ce• Refer to EAP support or in-house physiotherapy

services• Liase with GP and external services for medical report• Attend case conferences with line management

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Employee at Risk of Absence• OHA to assess health condition from referral by line• OHA to assess health condition from referral by line

management • Secondary Aid provided if appropriate following injurySecondary Aid provided if appropriate following injury• Workplace visit undertaken to establish work

relatedness• If referral to GP or hospital then OHA maintains

contact with employeeLi t k t i f d f it ti d• Line management kept informed of situation and progress

• Workplace modifications advised and agreed with• Workplace modifications advised and agreed with employee and line management

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Absent Employee – Key Steps• EH&P identify red flag cases to line management• EH&P identify red flag cases to line management• Recommendation for referral from EH&P• Line management referral to EH&P• Line management referral to EH&P• OHA reviews the case and contacts absent employee

and offers support. pp• Explore if absence is work related and ascertains

timing of return to work. • Identifying type of work employee does and possible

modifications to aid rehabilitation back to work.• Development of an action plan by EH&P to identify key• Development of an action plan by EH&P to identify key

timelines for events.

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Key Tools/Methods for OHA• Standardised letters to employee and GP informing

them of case management process and support availableavailable

• Analysis and trends of over 7 day absence• Case Management Tool kit for EH&P• Utilisation of Medical Disability Advisor to inform and

challenge length of absence• Specific work modifications and phased back return• Specific work modifications and phased back return• EH&P case management audit undertaken to identify

improvements

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OHA Contact – Health Questions• What exactly does the doctor tell you is wrong with

you? • Do you feel like the treatment you are receiving is

helping you?• Do you think you will be able to return to work while• Do you think you will be able to return to work while

the treatment is still on-going?• What does your job involve, and what potential y j , p

hazards exist in your role • Have you discussed with your doctor what you do at

k?work? • How likely do you think it is that you will be able to

return to your present job?return to your present job?

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Absent Employee - Key Steps• If absence continues over 12 weeks: • OHA reviews case, obtains appropriate Medical report

if requiredif required.• OHA gives updated advice on suitable modifications

and accommodations to aid rehabilitation.C C f• Case Conference at 16 weeks, with Line Manager, HR and EH&P

• Joint agreement of way forward for absent employee,Joint agreement of way forward for absent employee, and identify return to work date and prognosis.

• Case Conference at 26 weeks, with Line Manager, HR and EH&PHR and EH&P

• Decision to be made on future of employee, Ill health etc

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Employee Returning to Work• Prior to return to work a rehabilitation plan will be in

place and agreed to by the employee and Line Manager/HR.Manager/HR.

• Work modifications will be specific, clear and recorded • Timelines should be in place for a review on the

l i j ti ith th Li M demployee, in conjunction with the Line Manager and HR.

• The OHA will continue to review the employee until the e O co ue o e e e e p oyee u ehealth condition is resolved or reaches a state of stability

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Value of Return to Work Interviews• Demonstrate that the absence has been noticed and

the staff member missed f ff• Provide the opportunity for staff to discuss health

concerns in private with managers • Check that there is no underlying work reason which• Check that there is no underlying work reason which

has caused the absence • Bring the individual up to date with work issues g p• If appropriate, alert the individual of management's

concern about the number or length of absences from kwork

• Indicate that absence from work is considered importantimportant

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Benefits of Case Management

• Reduced absence rates (7.55% to 2.8%)• Consistent and standardised approach across• Consistent and standardised approach across

company• EH&P, HR and Line Managers role is clear• EH&P integrated in the business and adding value• Improved employee relations• Clear and consistent advice and modifications

provided• Accurate measurement of absences• Accurate measurement of absences• GP and external services aware of in-house support• Successful return to work or outcome• Successful return to work or outcome

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Case study 1

• Liz was a 42 year old secretary who had seen her GP with lower back pain Her GP had provided a medicalwith lower back pain. Her GP had provided a medical certificate for 8 weeks.

• With early intervention and ergonomic advice by the y g yOHA, Liz was back at work within four days performing a modified role and received treatment by the on site physiotherapist.

• Liz was assessed and monitored on a regular basis by the OHA and managed to make a full recovery

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Case study 2

• Michael was a 38 year old chemist who had informed his line manager that he had been to see his GP and gwas signed off for 12 weeks. He was not prepared to give a reason for his absence.Aft f l t EH&P th OHA t t d Mi h l• After a referral to EH&P, the OHA contacted Michael. After a short consultation, his condition was assessed as anxiety. Appropriate support and advice was given y pp p pp gand close contact made with his GP and line manager.

• Michael returned to work on reduced hours and a difi d l ithi k H d f ll imodified role within a week. He made a full recovery in

less than a month with regular monitoring by the OHA

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Sickness Absence data• With an average employment cost of £32000 ( incl

salary, NI, pension ) Total cost of absence at one GSK it ith 1100 l £1 5 illisite with 1100 employees was £1.5 million

• Additional costs;- excessive demands on company sick pay- overtime payments for other staff covering- replacement labour- lost or delayed production- fatigue and low morale

• This is not an efficient use of resource

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Successful Case Management

• Supports and promotes the Health, Safety and Welfare of employees at work

• Impacts absence rates positively• Clear and consistent advice and modifications

id dprovided• Early and regular contact during absence • Multidisciplinary approach and improved teamwork• Multidisciplinary approach and improved teamwork• Holistic support provided• Successful return to work or outcome• Successful return to work or outcome

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Supported by: The Effect of Wellness Programmes on

Absence Absence Media Partner:

Liz FelsteadOrganised by: Head of Workforce

Planning & Training Planning & Training East Sussex

County Council

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Head of Workforce

Planning & Training

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Who are we?Who are we?700,000 population 15,000 employees

over 500 locations £1 billion turnoverover 500 locations £1 billion turnover

4* rated Council4* rated Council

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4 years ago ‘sickness’ had4 years ago sickness had…

NNo ownership

Inadequate resourcesresources

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costing…costing…

each yeareach year

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Transforming the

Occupational Health TeampBeing part of the organisationBeing accountable to the organisationEffective quality controlsEffective quality controlsFocus on outcomes

A bridge to the GP – PCT - NHS

Provide useful and clear adviceR i i th l t l ti hiRecognising the employment relationship

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Building High PerformanceBuilding High Performance

Clarify expectations / outcomesClarify expectations / outcomes

Role purpose and function within theRole, purpose and function within the organisation

Agree quality control mechanismsg q y

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How we set about the change:How we set about the change:

Weekly reviews

Clear lines of communication and feedback

Quality control

Increased role of Occupational Health AdvisorCase conferences

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What have we done?What have we done?

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Incapacity CapacityIncapacity Capacity

Remove occupational sick pay in first yeare o e occupat o a s c pay st yea

Revise policy to ‘Managing Attendance’

Replaced Occupational Health Team

Created Attendance Management Team

Established a Steering Group with TU’s

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Incapacity CapacityIncapacity Capacity

Improved Management InformationImproved Management Information

Compulsory training programmep y g p g

Link to Performance Management

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YogaPilates

Yoga

Well DoneLetters Di t dC lLetters Discounted

MembershipColour

MeB tif l

Fit Bug

Beautiful

ReflexologyFit Bug

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Invest toInvest to Save Bid for

Physical FlexiblePhysical Therapy

Flexible Retirement Policy

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dvic

e

nnes

s

lief

Honesty

Help uppo

rt

Ad

OpeR

e S u

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Reduced cost by £1.5 million

Attendance increased by 11%

Average sickness 3.6%Average sickness 3.6%

Long term absence down fromLong term absence down from 300 cases to 70Sickness absence reduced by 13.6%

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An increase in productivity of 6 500 days between 2003/04 and6,500 days between 2003/04 and 2008/09

Anticipating a further saving of £250k g gin 2009/10

Invest to save monies for physical therapy pilot achievedphysical therapy pilot achieved 50% ROI

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2008/09 30% of employees had yno recorded absence

In 2008/09 4.5% of cases were of 28 days or more but accounted fordays or more but accounted for 48% of all time lost to sickness

Life wise policies

Joint working with Trade Unions

Introduced in-house physiotherapy Service – self funding

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Personnel Today Awards 2006 , 2007PPMA Awards 2006 , 2007 & 2008

WINNERS 2008

Excellence Award Winners 2006

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Supported by: Legal Issues: I t ti Q & A Interactive Q & A

Session Session Media Partner:

Charles Wynn EvansOrganised by: Charles Wynn-EvansPartner, Head of a t e , ead o

Employment PracticeD h t LLPDechert LLP

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SYMPOSIUM EVENTS

ABSENCE MANAGEMENT FORUMABSENCE MANAGEMENT FORUM

SOME KEY LEGAL ISSUESSOME KEY LEGAL ISSUES

Thursday 28 January 2010

Charles Wynn-EvansDechert LLPcharles wynn evans@dechert [email protected] 7184 7545

© 2010 Dechert LLP

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Topicslegal exposure/risks

disability for DDA purposes

p

disability for DDA purposes

recent DDA cases

reasonable adjustments

key themes

policing ill health absence

the medical angle

stress management

th t bl lthe troublesome employee

PHI problems

holiday entitlements and absenceholiday entitlements and absence

practical measures

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L l / i k

unfair dismissal arising from dismissal

Legal exposure/risks

unfair dismissal - arising from dismissal- one year’s service- £65,300 maximum compensation- health and safety special case

disability discrimination - arising from dismissal or handling of absence- disability related - defence of justification- duty to make reasonable adjustments

potentially unlimited compensation (including injury- potentially unlimited compensation (including injuryto feelings)

constructive dismissal - poor handling of process- unjustified allegations- unjustified allegations- background to illness

stress - claims in tort (personal injury) or contract

PHI - breach of contract damages

Page 133: Absence Management Forum 2010 - Symposium€¦ · Corporate Advert 3. Forthcoming Events 4. Programme 5. Speakers’ Biographies 6. ... Cadbury’s, Strathclyde Police and East Sussex

Disability for DDA purposesDisability for DDA purposes

a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities

mental impairment - includes an impairment resulting from/consisting of a clinically well-recognised illness

certain forms of cancer, MS and HIV are deemed to be disabilities from day one.

Drugs and alcohol dependency are not disabilities - consequent illnesses can be

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Recent DDA cases

St kt T B C A l tt f ll L d B h f L i h

Recent DDA cases

Stockton on Tees B.C. -v- Aylott - follows London Borough of Lewisham -v-Malcolm

- comparator must be in same circumstances as claimant

- so comparison for purposes of disabilityrelated discrimination is with a non disabledemployee who is absent for a long period

- Equality Bill will reverse that

SCA Packaging Ltd -v- Boyle - “likely to recur” means “could well happen”

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Reasonable adjustments

substantial disadvantage - such steps as are reasonable to prevent effect

reasonable adjustments claims being used to get round the Malcolm problem

Fareham College Corporation -v- Walters - unwillingness to make reasonable adjustments is failure to make the required adjustments - dismissal instead of phased return to work was disability discrimination

Ignorance is bliss? Secretary of State for Work and Pensions -v- Alam:

did the employer know of disability and that disability had the relevant d d e e p oye o o d sab y a d a d sab y ad e e e aeffects?

ought the employer to have known this?

particular problems - redundancy, capability, sick pay

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Key themesKey themes

prevention is better than cure

encouragement and enforcement - carrot and stick

support and discipline

is the problem one of capability, conduct or both?

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Policing ill health absencePolicing ill health absence

Reporting procedures

Investigate fully

home visits

Return to work interviews/consultation

Review absence recordsReview absence records

Disciplinary/improvement interface - is it conduct or capability?

tailor your process to the problemtailor your process to the problem

when can you dismiss fairly - damned if you and damned if you don’t?

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The medical angleThe medical angle

accurate and focused medical reports are crucial

getting the best advice and information:-

handle the employee carefully

GP

occupational healthoccupational health

relevant specialist

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Stress managementStress management

awareness - training/workshops

risk management - employee assistance programme

identify reasons - performance issues- harassment or bullying- external factors

be aware of DDA risks and need to consider adjustments

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The troublesome employee

refusal to attend meetings

The troublesome employee

g

refusal to attend medical examinations

claims of harassment (Protection from Harassment Act 1997, discrimination statutes etc)statutes etc)

grievances about the causes of absencegrievances about the causes of absence

underlying issues - domestic or workplace?underlying issues domestic or workplace?

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PHI - the contractual positionPHI the contractual position

employee’s entitlements should be made expressly subject to policy terms

employer should reserve right to change level of cover, provider and other terms

employer’s obligation to use reasonable efforts to secure payment of benefits by insurer

Implied obligation on employer not to dismiss in circumstances which would prejudice PHI benefits - save gross misconduct or express term

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Holidays and sickness - the casesHolidays and sickness the cases

Stringer - workers on sick leave continue to accrue holiday

- claims for unpaid holiday pay can cover past years if nonpayment is a series of deductions

Pereda - where prearranged holiday coincides with sick leave, workersl t t d f t th t h lid if h lid tcan elect to defer even to the next holiday year if holiday cannot

be taken in the current leave year

but - untaken holiday cannot be carried forward to the next leave yearunder the Working Time Regulations

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Practical measuresPractical measures

maintaining/consistency/triggers for review

training managers - awareness of legal issues and proper process

return to work interviews

home visits

review material policies/EAT provision

review sick pay and holiday procedures

review contracts

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Supported by: Preventing Work-Related St Aff ti th Stress Affecting the

Health of your Employees y p y

Media Partner:

Organised by: Tony AlmondWork-related Stress

Stakeholder Engagement TeamHealth and Safety Executive

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Health and SafetyHealth and Safety Executive

HSE Management Standards on gWork Related Stress

Tony Almond

Health and Work DivisionStakeholder Engagement team

HSE.

Visit the Management Standards website at: www.hse.gov.uk/stress/standards

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The truth about work-related stress

• No one definition but plenty of Google entriesentries.

• HSE defines work-related stress as:

“ th d ti l h“…the adverse reaction people have to excessive pressure or other types of demand placed on them.”

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Stress at work cannot be ignored

• 415 000 people in Britain believed that they were experiencing work-relatedthey were experiencing work related stress at a level that was making them ill

11 5 illi l t ki d i B it i• 11.5 million lost working days in Britain

• Mental ill-health health costs employers p y£1.035 per employee per year - £605 is due to presenteeismp

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What does it mean for your business?

• Increased sick absence

O l d t f 30• One case can lead to an average of 30 days off work

• Poor productivity

• Staff not working to their full potential• Staff not working to their full potential

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What the law says

• Legal duties under two pieces of legislation:legislation:

- The Health and Safety at Work etc Act 1974

– Management of Health and Safety at Work Regulations 1999g

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Management Standards

The Standards and supporting processes are designed to:g

• Help simplify risk assessment for stress;

• Encourage employers employees and their• Encourage employers, employees and their representatives to work in partnership to address work related stress throughout their organisation;work related stress throughout their organisation;

• Provide the yardstick by which organisations can gauge their performance in tackling the keygauge their performance in tackling the key causes of stress

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Not About

• Taking action that is disproportionate

R i ll f th• Removing all pressure from the Workplace

• Taking responsibility for decisions away from individuals

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New work-related stress website

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Our new strategy

• HSE’s new strategy for the health and safety of Great Britainsafety of Great Britain

• Reinforces the principles of the Health d S f t t W k A t 1974and Safety at Work Act 1974

• Key themes include: the need for strong y gleadership, building competence, involving the workforceg

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Line manager competency

• Line managers – the first line of defence

Li t i kill d d• Line management is a skill and you need to invest to give your managers the skills th dthey need

• Line manager competency tool – HSE g p ywebsite

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What works?

• The Blackpool Way

O f d hi C t C il k ith• Oxfordshire County Council work with schools

• See HSE website for new case studies• See HSE website for new case studies

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What next?

• Stress remains a big problem – statistics unchangedunchanged

• Line manager competency – the first line f d fof defence

• Management Standards – tell us about gyour experiences

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For more information…

• Visit HSE’s stress at work website

h k/ twww.hse.gov.uk/stress

• Contact the Stress Team

• Tony Almond – 0151 951 3962 tony almond@hse gsi gov [email protected]

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Supported by: Training and Educating Line

M Managers Media Partner:

Organised by:

Natalie HarriesHR Business Partner

Cadbury’s

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T i i d Ed ti Li MTraining and Educating Line ManagersAbsence Management Forum

28th J 201028th January 2010Natalie Harries

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Objectives of the Session

• To give you an overview of Bournville Manufacturing• To give you an overview of Bournville Manufacturing

• To explain why there is a focus on absence

• To explain the project tracks created to address our absence issuesTo explain the project tracks created to address our absence issues

• To discuss our approach to training and educating line managers

• To summarise our progress to datep g

Absence - Training & Educating Line Managers

3

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Bournville Manufacturing

Strong links with Strong Brands Cadbury’s heritage Strong Brands

QCDSM driven agenda

Bournville

SheffieldChirk

Dublin

Rathmore

Crediton

RathmoreMarlbrook

Somerdale

c.1250 employees(Long standing)

Absence - Training & Educating Line Managers

4

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Why the focus on absence?

• High estimated cost

• Absence high in comparison to other

9%comparison to other chocolate sites across the UK

Ab l l t

8%

7%• Absence levels not in line with external benchmarks5%

6%

• Need to deliver 20% improvement in 2009 and maintain

2007 2008

competitive levels of attendance (6%)

Absence - Training & Educating Line Managers

5

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Project Tracks

Track 1:

Case Management Approach/Communication

Track 2:

Employee Engagement

MAXIMISING ATTENDANCE

Track 3:

Line Manager engagement/Training

Track 4:

Occupational Health

Track 5:Track 5:

Reporting

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Current reality V’s Desired Future State(In relation to Track 3)( )

Current Reality Desired State• Fluctuation of line managers, not all

had the same level of understanding of the absence policy

• Line Managers fully understanding the policy and adhering to it

• Managers willing to take risks • Lack of consistency in application of

the policy across line managers

f

• Managers willing to take risks

• Line Managers taking ownership of absence (“What would I do if this

• Lack of ownership by line managers (“it’s not our problem”)

• Lack of senior role models – not on

were my company”)

• Line managers taking the lead in engaging with OH and HRLack of senior role models not on

their agenda!

• No measurement of compliance

engaging with OH and HR

• Line managers being more pro-active in managing absence (“I think we can do this”)do this )

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So what did we do?

100% compliance

VIA

• RTW Interviews • Partnership with OH and HR• Disciplinary Procedure

• No discretion

Miti ti d ith HR

• Absence Representatives

• Measurement• Mitigation agreed with HR

• Absence improvement plans• Role models

• Clear Objectives

• Training

• Guidelines

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Training Course

Content Feedback

Overview of Current StatisticsOverview of Current Statistics

Clear Targets and ExpectationsClear Targets and Expectations

Employee EngagementEmployee Engagement

Consider Changing Sick PayConsider Changing Sick Pay

QuizQuiz

Role PlayRole Play

Better Data and ReportingBetter Data and Reporting

Improved OH SupportImproved OH Supportyy

Absence Policy Key PrinciplesAbsence Policy Key Principles

Individual Action PlansIndividual Action Plans

p ppp pp

Review where Mitigation OccursReview where Mitigation Occurs

Look at Phased RTWLook at Phased RTWIndividual Action PlansIndividual Action Plans Look at Phased RTWLook at Phased RTW

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Did we succeed?

• Absence levels hit 9%

Training periodbelow 6%

• 95% conformance from Managers

8%

7%

a g pe od

from Managers

• More consistency on policy application5%

6%

• Clear visibility of non-conformance2008 2009

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