managing attendance policy - cheshire and wirral partnership nhs … · 2019. 10. 15. ·...

Document level: Trustwide (TW) Code: HR3.5

Issue number: 8

Managing Attendance Policy Lead executive Director of People and Organisational Development Authors details Gillian Assinder (HR Officer) and Katie Wharton (HR Advisor) Type of document Policy Target audience All CWP employees

Document purpose

Aim to support reduction in overall sickness absence levels and, in so doing, ensure that key decisions about managing individual worker sickness are taken at the earliest possible time

Approving meeting People and OD Sub Committee Implementation date 07/06/2018

CWP documents to be read in conjunction with HR6 HR14 HR15 HR2.14 HR2.6 HR3.3 GR1

Mandatory employee learning (MEL) policy Guidance on accessing staff support and psychological well-being service Stress prevention and management policy Maternity policy (inc adoption and paternity leave) Annual leave and bank holiday policy Trust disciplinary policy and procedure Incident reporting and management policy

Document change history

What is different?

Minor amendments to update terminology from “Medical Certificate” to “Fit note” and that the original fit note should be returned to the employee.

Appendices/ electronic forms

No amendments.

What is the impact of change?

This policy will increase consistency of approach to Attendance Management for the Trust.

Training requirements

No - Training requirements for this policy are in accordance with the CWP Training Needs Analysis (TNA) with Education CWP.

Document consultation East locality Clinical Service Manager Wirral locality Clinical Service Manager West locality Clinical Service Manager Corporate services Head of Human Resources, HR Service Partners, Occupational Health

Manager, Staff support Services External agencies Various comparisons have been made with other organisations

Financial resource implications None

External references 1. N/A

http://www.cwp.nhs.uk/policies/1547-hr6-mandatory-employee-learning-mel-policy

http://www.cwp.nhs.uk/policies/1553-hr14-guidance-on-accessing-staff-support-and-psychological-well-being-service

http://www.cwp.nhs.uk/policies/1553-hr14-guidance-on-accessing-staff-support-and-psychological-well-being-service

http://www.cwp.nhs.uk/policies/1708-hr15-stress-prevention-and-management-policy-promoting-staff-well-being-guidance-for-managers-and-staff

http://www.cwp.nhs.uk/policies/1708-hr15-stress-prevention-and-management-policy-promoting-staff-well-being-guidance-for-managers-and-staff

http://www.cwp.nhs.uk/policies/1515-hr2-14-maternity-policy-incorporating-adoption-and-paternity-leave

http://www.cwp.nhs.uk/policies/1515-hr2-14-maternity-policy-incorporating-adoption-and-paternity-leave

http://www.cwp.nhs.uk/policies/1503-hr2-6-annual-leave-and-bank-holiday-policy

http://www.cwp.nhs.uk/policies/1503-hr2-6-annual-leave-and-bank-holiday-policy

http://www.cwp.nhs.uk/policies/2537-hr3-3-trust-disciplinary-policy-and-procedure-issue-6

http://www.cwp.nhs.uk/policies/2537-hr3-3-trust-disciplinary-policy-and-procedure-issue-6

http://www.cwp.nhs.uk/policies/802-gr1-incident-reporting-and-management-policy

http://www.cwp.nhs.uk/policies/802-gr1-incident-reporting-and-management-policy

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Do not retain a paper version of this document, always view policy / guidance documents from the desktop icon on your computer

Equality Impact Assessment (EIA) - Initial assessment Yes/No Comments Does this document affect one group less or more favourably than another on the basis of: - Race No - Ethnic origins (including gypsies and travellers) No - Nationality No - Gender No - Culture No - Religion or belief No - Sexual orientation including lesbian, gay and bisexual people No - Age No - Disability - learning disabilities, physical disability, sensory

impairment and mental health problems Yes See below

Is there any evidence that some groups are affected differently?

Yes

Special consideration is given to those absences related to the Equality Act and Pregnancy Related sickness within this policy.

If you have identified potential discrimination, are there any exceptions valid, legal and/or justifiable? N/A Is the impact of the document likely to be negative? No - If so can the impact be avoided? N/A - What alternatives are there to achieving the document without

the impact? N/A

- Can we reduce the impact by taking different action? N/A Where an adverse or negative impact on equality group(s) has been identified during the initial screening process a full EIA assessment should be conducted.

If you have identified a potential discriminatory impact of this procedural document, please refer it to the human resource department together with any suggestions as to the action required to avoid / reduce this impact. For advice in respect of answering the above questions, please contact the human resource department. Was a full impact assessment required? No What is the level of impact? Low

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Contents Quick Reference Map for Managing Attendance ................................................................................. 4 Quick Reference Map For Management Of Long Term Absences ....................................................... 5 1. Policy Statements .................................................................................................................... 6 1.1 Scope of the Policy .................................................................................................................. 6 1.2 Monitoring Effectiveness .......................................................................................................... 6 3.1 First full day of absence – Initial Contact AttendanceLine System ............................................. 7 3.2 Reporting work-related absence .............................................................................................. 7 3.3 Sickness part way through the shift .......................................................................................... 8 4. Support during Sickness Absence ............................................................................................ 8 4.1 Fit Notes .................................................................................................................................. 8 4.2 Communication during sickness absence ................................................................................. 9 4.3 Occupational Health referral ..................................................................................................... 9 4.3.1 Employee consent to release Occupational Health report ....................................................... 10 4.3.2 Conflicting Medical Advice ..................................................................................................... 10 4.3.3 Case Conference ................................................................................................................... 11 4.3.4 Obtaining Further Medical Advice ........................................................................................... 11 4.3.5 Occupational Health advice / recommendations ..................................................................... 11 4.4 Equality Act 2010 ................................................................................................................... 12 5. Long Term Absences Procedure ............................................................................................ 12 5.1 Occupational Health Referral ................................................................................................. 12 5.2 Absence Reviews .................................................................................................................. 12 5.3 Terminal Illness ...................................................................................................................... 13 6. Returning To Work ................................................................................................................. 13 6.1 What to do when you are ready to return to work ................................................................... 13 7. Managing Attendance Procedure ........................................................................................... 15 7.1 Trigger points ......................................................................................................................... 15 7.2 Pattern of Sickness Absence.................................................................................................. 15 7.3 Stage meetings ...................................................................................................................... 16 7.4 Management Discretion ......................................................................................................... 17 7.4.1 Pregnancy related sickness absence ..................................................................................... 17 7.4.2 Work-related sickness absence.............................................................................................. 17 7.4.3 Disability related absence ...................................................................................................... 17 7.4.4 Linked Absence ..................................................................................................................... 18 8. Absence Hearing ................................................................................................................... 18 8.1 Making the decision to proceed to Absence Hearing .............................................................. 18 8.2 Proceeding to an Absence Hearing ........................................................................................ 18 8.3 Failure to attend an Absence hearing ..................................................................................... 18 8.4 At the hearing ........................................................................................................................ 19 8.5 Absence hearing outcome...................................................................................................... 19 8.6 Dismissal (Termination of Contract) ....................................................................................... 20 8.7 Appeal ................................................................................................................................... 20 Appendix 1 – Additional Information .................................................................................................. 21 Appendix 2 - Scheme of Delegated Authority .................................................................................... 24 Appendix 3 - Failure to Comply with/support the Trust Procedure ...................................................... 25 Appendix 4 – Employee Right of Appeal ............................................................................................ 26 Appendix 5 – Redeployment Due To Ill Health Capability .................................................................. 28 Appendix 6 – Example of Attendance Management Process ............................................................. 29

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Quick Reference Map for Managing Attendance Reference should be made to section 7

After every occasion of absence, the manager must review the employee’s attendance and determine if the absence has resulted in them reaching one of the following trigger points: -

• 4 or more occasions* of absence in a retrospective 12 month rolling period;• 12 or more calendar days* absence in a retrospective 12 month rolling period;• Where it can be shown that the employee’s absences form a pattern*

* Including periods of long term absence

Employee has anepisode of absence

Has the employee met a trigger point?

Manager conductsStage 1 Informal Meeting

Further Occasion of Absence occursduring Monitoring Period

After every occasion of absence, the manager must review the employee’s attendance over the previous 12 months and determine if the absence has

resulted in the employee meeting one of the trigger points as detailed above and in section 7 of the policy

Manager conductsStage 2 Formal Meeting




Manager conductsStage 3 Formal Meeting




The decision to instigate an Absence Hearing (Potential for Dismissal)will be made by the senior manager (see Scheme of Delegated Authority

(Appendix 2) who will consult with Human Resources and consider Occupational Health advice (refer to section 8)

Decision made not to progress to Absence Hearing but to hold a further

Stage 3 Meeting

Progress to anAbsence Hearing

(Potential for Dismissal)

Employeehas meta trigger

Employeehas meta trigger

Repeatedly entering the Informal Stage of the Managing Attendance Process:In such circumstances, the manager may proceed straight to the Formal Stage of this process

Does the Manager decideto commence an

Informal Monitoring Period?Yes

No

No

Yes

Does the ManagerIssue a First Written Warning?

Does the ManagerIssue a Final Written Warning?

No

Yes

No

Yes

Employee has met a trigger

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Quick Reference Map For Management Of Long Term Absences Reference should be made to section 5

A long term absence is defined as an occasion of absence of:• 21 calendar days or more

See Section 5 of Managing Attendance Policy

Employee commences long term absence

Has the member of staffReturned to work?

Is there any prospect of theemployee returning to work within the

foreseeable future?

Manager conducts Return to Work Meeting and

follows the Managing Attendance Procedure of the

Policy (section 7)

The manager should inform the employee that anAbsence Hearing (Potential for Dismissal) may be necessary if all reasonable support mechanisms have been considered

Progress to anAbsence Hearing

(Potential for Dismissal)See Section 8 of Managing Attendance Policy

Manager conducts monthly Sickness Review Meetings:

Has the employee been absentfor 6 months or more?

Yes

No

No

Yes

No

Yes

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1. Policy Statements Cheshire and Wirral Partnership NHS Foundation Trust (CWP) recognises that the health and wellbeing of its workforce are fundamental to the successful delivery of services. The Trust further recognises that employees wish to make a consistent and valuable contribution to the work of the Trust, but from time to time, may become ill and be unable to work. Therefore, the intention of this policy is to provide a framework whereby managers and employees can work together to take appropriate action enabling regular attendance to be maintained.

The overall purpose of this policy is to set out the Trust’s approach to managing attendance and will provide guidance to employees and managers about their responsibilities.

This policy aims to promote the following objectives: • to provide a proactive, consistent and fair approach to managing sickness absence, • to recognise the need to create an environment that enables everyone to contribute

fully through regular attendance at work, • the provision of high quality services to service users, and a good working life balance for

its employees, • to ensure that all parties work together to facilitate a return to work as soon as

possible following an occasion of sickness absence, • to ensure that in all cases of sickness absence, there will be a progressive and

thorough review of the employee’s circumstances, taking into account the need to maintain service delivery, support to individuals and to comply with all employment and equality legislation,

• to treat all staff fairly and equally, with dignity and respect, • to signpost employees and managers to proactive health initiatives that support employees

to improve their health and wellbeing, including Occupational Health and Staff Support services,

• to ensure full and proper consideration is given to any reasonable adjustments that will enable an employee to attend work regularly and/or return to work,

1.1 Scope of the Policy The policy will apply to all employees of the Trust for matters relating to sickness absence.

The Managing Attendance Policy is written with the aim of providing fairness and equity to all employees. No particular group or individual will be disadvantaged on the grounds of race, ethnic origin or nationality, disability, gender, gender reassignment, marital status, age, sexual orientation, trade union activity, religion or belief during the application of this policy.

1.2 Monitoring Effectiveness Senior managers will review the following within supervision with line managers: • return to work interview timeliness and quality, • the appropriate stage meetings are being held within timeframes, • that employees are being appropriately referred to support services,

The HR Service Partner will report to Locality Performance Reviews using AttendanceLine reporting system. Trust wide performance data will regularly be reported to People Development and Organisation Development Sub Committee and Operations Board.

The Trust will hold partnership meetings with Staffside representatives at which feedback from employees regarding the effectiveness of the application of the policy will be discussed.

2. Health Maintenance Employees are responsible for their own health and welfare. In order to maintain a high service delivery it is important that employees attend to their own health and wellbeing needs. As

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such they should ensure that any medical advice and treatment is received and actioned as quickly as possible in order to maintain their health. Occupational Health (OH) and Staff Support services are available to employees at any time, not just when they are absent due to sickness. The Trust encourages employees to utilise these services at the earliest opportunity in order to prevent absence from work. Employees can self-refer or may be referred by their manager.

Employees can find out further information on additional services available by visiting the ‘My Health and Wellbeing’ page through the Trust intranet site.

3. What To Do When You Are Unable To Attend Work Due To Sickness The following provides guidance on what action should be taken if an employee is unable to attend work due to sickness.

3.1 First full day of absence – Initial Contact AttendanceLine System Whenever an employee is unable to attend work due to sickness, it is their responsibility to notify the Trust.

When: Employees should report in sick at the earliest opportunity.

Due to varying service needs, managers should agree local written procedures for latest reporting times to enable the Trust to plan alternative arrangements.

How: Where the AttendanceLine system is used all employees must phone the Trust on 01244 434112, where they will be required to input answers to a series of questions on an automated system, this information will be logged on the AttendanceLine system. Employees should also follow any additional local reporting processes. In areas where AttendanceLine is not used, employees must follow local process. Managers are responsible for ensuring all employees are aware of local processes.

Who: The call should be made by the employee. Only in exceptional circumstances will a call from another person be accepted.

What During the call to AttendanceLine the employee will be asked questions, which will include: • verifying identity, • reason for the absence, • anticipated length of absence, • a contact number where they can be easily reached by the relevant Trust

representative NB: should the employee, at any point within the call, not record the requested information the call will be incomplete and the absence will not be registered. The employee is reminded that:

• if their absence is longer than 7 days they will require a fit note from their GP, • it is their responsibility to keep in regular contact with the Trust, • their absence has been registered

Why: The information provided by the employee will automatically be uploaded to the Electronic Staff Record (ESR) and will instigate the employee’s sick pay.

The sickness occasion will continue to be recorded until the manager inputs a return to work date into AttendanceLine.

Failure to follow the correct reporting procedure may be dealt with as a conduct issue under the Trust’s Disciplinary procedure. 3.2 Reporting work-related absence If the employee feels that the absence is related to a workplace incident, they must advise their manager on Day 1 of their absence. The manager should seek to understand the detail

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behind this by having a discussion with the employee. Communicable Diseases If the employee suspects that the illness is related to a communicable disease / illness, they must advise their manager on Day 1 of their absence. The manager must then report this to the Infection Prevention and Control Service. Where an employee is absent with an illness possibly due to communicable disease, this should be managed in accordance with Infection Prevention and Control guidelines/advice.

Absences due to diarrhoea and vomiting (D&V) will be counted towards the trigger unless proven to be caused by a workplace outbreak. Where there is evidence that a D&V occurrence was contracted as a result of a workplace outbreak, then it will be treated as work related sickness absence. D&V is not itself a notifiable disease, however the cause might be, therefore the employee may be asked to provide a sample to OH for testing to identify the causative organism, ensure they are clear and able to return to work.

Work-related injury If it is possible that the absence is due to an injury sustained in the course of the employee’s role then a Datix form should be completed at the time of the injury and statements taken from employee and witnesses. The manager must complete an immediate referral to OH, as well as Risk/Stress Assessment Form. Further information is set out in the Trust Incident Reporting and Management Policy. Consideration should also be given to applying for Injury Allowance - Refer to Appendix 1 for Injury allowance.

Managers must inform the Senior Health and Safety Advisor of any absences which exceed 7 days (not including the day of the incident) due to a workplace incident in order for it to be reported to the Health & Safety Executive (HSE). The Datix form reference should be given to the Senior Health and Safety Advisor to refer to. (For further information refer to Incident Reporting and Management Policy)

3.3 Sickness part way through the shift Employees who attend work and become unwell but have not completed up to half of their contracted hours for that day will be recorded as having one day’s sick leave. This should be recorded as sickness absence on Trust systems.

Where AttendanceLine system is in use, the employee should phone the AttendanceLine number to record the absence. Where AttendanceLine is not in use the Manager will record the absence in ESR.

Employees who attend work and complete at least half their scheduled shift but then report sick from duty are treated as having completed their full working day for sick pay purposes and no absence will be recorded on AttendanceLine. However a record of the absence should be made on their ESR record and personal file. If a pattern is identified this may result in the procedure within Section 7 being triggered.

If an employee remains unwell and cannot attend on their next shift, they must follow the reporting procedure in Section 3.1.

4. Support during Sickness Absence

4.1 Fit Notes Self-certification of sickness absence is permitted for a maximum of 7 calendar days on any one occasion, regardless of how many days are normal working days.

On the 8th calendar day, a Fit note will be required and should be forwarded to the employee’s

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manager.

All appropriate fit notes must be received by the manager in a timely fashion. After the expiry of one fit note, the manager should receive the next one as soon as possible, but by no later than 7 days after the expiry date of the previous certificate. Post-dated fit notes are not acceptable.

Managers should retain a copy of the fit note and upload it to AttendanceLine. The original should be returned to the employee as they may need it for benefits or other purposes.

Failure to provide consecutive and timely fit notes may result in loss of payment or unauthorised absence and may invoke the Trust Disciplinary Procedure.

In exceptional circumstances, such as if abuse of the sickness policy is suspected, the Trust reserves the right to request a fit note when normally one is not required, and will meet the cost arising from any such request.

4.2 Communication during sickness absence It is vital, that early and regular telephone communication is maintained throughout an employee’s absence.

It is expected that this will be two-way and that the employee will keep in touch to ensure that the manager is regularly updated on their condition and recovery. This will also enable the manager to be able to offer appropriate help and support.

For some employees, returning to work after a prolonged occasion of sickness absence can be difficult and regular communication with their manager can greatly aid this process.

Arrangements for contact should be agreed when the sickness is first reported and kept under review between both parties. It is important that a written record is kept of the date and content of all contact using the AttendanceLine system; or where not in use a note is made and placed on their local file.

Where it is not appropriate or possible for the immediate manager to maintain contact with the employee, a suitable alternative should be nominated and this should be communicated to the employee. Verbal communication is essential, however it can be supplemented where deemed appropriate by letter, text or email.

4.3 Occupational Health referral The Trust may require the employee to attend an OH referral appointment.

Employees will be expected to fully cooperate with the Trust in order to ensure appropriate supportive measures are put in place and to facilitate a return to work as soon as possible.

All employees are required to attend OH where appropriate; this is a condition of employment and a condition of the Occupational Sick Pay Scheme (OSP).Whilst this would be a last resort, should an e m p l o y e e refuse to attend/cooperate they could compromise the continued payment of OSP. Persistent failure to attend scheduled OH appointments may be dealt with under the Disciplinary Policy.

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How are referrals made:

The referral forms are available on the ‘My Health and Wellbeing’ page within the Trust Intranet site. Referrals can be made by the manager or employee. Managers can discuss the referral with OH and/or HR for further guidance. Managers must inform the employee of the referral.

Why are referrals made:

The purpose of the referral may include: • assess the employee’s ‘fitness to work’ and anticipated return to work date, • provide the employee with support and guidance regarding their health and fitness for

work, including signposting to support services, • determine if further medical information is required, with agreement from the

employee, • provide advice for a safe return to work, which could include reasonable adjustments

to the workplace or role to support the employee after an occasion of sickness for example a phased return to work may be recommended,

• If the employee is not fit enough to return to work then further OH review appointments may be scheduled

Who attends a referral:

It is the responsibility of the employee to attend the appointment. The employee may be accompanied by a staff side Representative (or work colleague). Following the referral it may be necessary for the manager and/or HR to attend a case conference with OH and the employee – in this case the employee will be notified in advance.

When are referrals made:

Referrals should be made on Day 1 if the absence is related to: • Stress • Musculoskeletal • Work-related

Otherwise, a referral should be made when it has been identified that an absence will go over 21 days, or if the manager has a concern regarding an employee’s health and requires OH advice.

Where referrals are held:

OH Referrals will take place either at one of the Trust’s OH departments. Staff Support referrals will take place at one of the Trust’s Staff Support departments. Employees will be contacted to arrange Physiotherapy appointments. There may be occasions where contact between OH and the employee can be maintained by phone; this would be dependent on the nature of the illness and time scales involved. The scheduling of these calls will be determined by the OH Practitioner.

If the employee fails to attend a referral then the Trust would base any decision relating to the employee on available information.

4.3.1 Employee consent to release Occupational Health report The OH Department, with the employee’s consent, will compile a report for the manager to give medical advice and guidance concerning the employee.

If the employee refuses permission for an OH report to be released to management then the OH Practitioner must comply with this request. Management will then make decisions based on the information available to them.

4.3.2 Conflicting Medical Advice In some cases the recommendations on a Fit Note and the recommendations from the Trust’s OH department may not concur. The advice as given by the GP on the fit note is for guidance and is not binding on the Trust. The employee can be deemed fit to return to work by an OH practitioner because they have knowledge of the workplace and alternative arrangements and reasonable adjustments that can help facilitate the employee’s return to work within the Trust.

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4.3.3 Case Conference In some circumstances it may be appropriate to hold a case conference. This meeting will involve OH, manager, employee, HR and a staffside representative or work colleague if required by the employee. The purpose of the case conference is to discuss the health concerns of the employee in more depth and to explore ways in which management can support a return to work or regular attendance. Managers should write to the employee following the case conference in order to record actions required and timeframes.

4.3.4 Obtaining Further Medical Advice Should OH require a report from the employee’s General Practitioner/Consultant, this will be requested by OH only after obtaining written consent from the employee as per the “Access to Medical Reports Act” 1988. If the employee withholds consent, then the Trust would base any decision relating to the employee’s health/fitness to return to work on the assessment of the OH Practitioner and any other available and relevant information.

4.3.5 Occupational Health advice / recommendations The advice that will be received from OH can include the following: • Fit for work – without adjustments

Where the OH report has stated that in their opinion, the employee is fit to return to work then a return to work date should be agreed between the employee and the manager.

• Not fit to return now OH may advise that the employee is not currently fit to return to work and will schedule a further review appointment.

• Not fit to return in the foreseeable future This advice is given when OH upon considering the employee’s health situation (which may include the review of specialist reports), cannot envisage when the employee may be able to return. In these instances managers will need to consider proceeding to an Absence Hearing – managers should refer to Section 8.

• Fit to return on phased return - reduction in hours OH will advise when a phased return on reduced hours should be considered. This will normally only be recommended where employees have had continuous absence of at least 6 weeks. The period of the phased return will normally be a period of up to 2 weeks. The manager will agree the details of a phased return in line with service needs.

During the phased return the employee will be paid full salary (not sick pay) irrespective of the hours they work up to a maximum of 2 weeks.

If it is recommended by OH that the phased return period is longer than 2 weeks, the employee will have the option to take unpaid leave or can choose to use annual leave to offset the reduction in hours.

• Fit to return with reasonable adjustments If the employee receives a certificate from their GP stating that they "may be fit for work" they should inform their manager immediately. A discussion between the employee and manager will take place to review any additional measures that may be needed to facilitate a return to work, taking account of the GP’s advice. This may take place at a return-to-work interview. If appropriate measures cannot be taken, the employee will remain on sick leave and the manager will set a date to review the situation.

OH may advise on reasonable adjustments which may include the following: • Re-allocation of some duties on a temporary basis; • Alter working hours or pattern of work, such as reduced hours or alternative shift patterns; • Redeployment on a temporary or permanent basis (see appendix 5); • Provide additional support or training/retraining; • Acquire/modify equipment;

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• Provide a reader or interpreter. • Modifications to premises;

This is not an exhaustive list and the implementation of reasonable adjustments will need to be considered not only in line with the individual’s needs, but also in line with the service needs.

When agreeing any reasonable adjustments the manager should confirm the detail in writing including whether the adjustment is permanent or temporary with a review date.

4.4 Equality Act 2010 In some cases an employee may be deemed likely to be considered disabled under the provisions of the Equality Act 2010.

This Act describes disability as a ’physical or mental impairment, which has a substantial and long- term adverse effect on a person’s ability to carry out normal day-to-day activities’.

In these cases OH will provide managers with advice in respect of reasonable adjustments to the workplace and/or work tasks of the employee.

The manager, with support from HR, should conduct an open discussion with the employee, which may involve OH, to explore possible practical solutions that would meet both the needs of the employee and the Trust to minimise absence from work due to disability related illness.

The Trust’s Equality and Diversity Officer is also available for support and guidance and can be contacted on 01244 397 389.

If the reasonable adjustment cannot be accommodated within the service then OH will advise on potential redeployment.

Any agreed adjustments should be recorded in writing and monitored for a mutually agreed period.

In cases where the employee has a disability, financial support may be available to the employee through the Department of Work and Pensions ‘Access to Work’ scheme. Further details are available from https://www.gov.uk/access-to-work/overview

5. Long Term Absences Procedure The following procedure is a framework for managers to apply a fair and consistent approach when an employee’s absence has reached 21 calendar days. The aim is to support the employee to return to their role at the earliest opportunity.

When an employee returns to work the Managing Attendance procedure within Section 7 will also apply. Long term absence will count towards the Trigger Points within the Managing Attendance Procedure in Section 7.1.

5.1 Occupational Health Referral OH referrals are vital to support employees during long term absences and will be made in line with section 4.

5.2 Absence Reviews The manager will arrange Absence Review meetings during the course of long term sickness absences.

https://www.gov.uk/access-to-work/overview

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The reviews will be conducted in the following format: Review Meeting(s)

When Recommended on a monthly basis, unless there is justification for delaying. Where

• In a suitable venue on Trust premises to allow a private and confidential discussion. • In exceptional circumstances it may be appropriate to conduct the meeting in the

employee’s home, with their agreement.

Who will

attend

• Manager • Employee • HR representative (as appropriate) • Staff side representative or work colleague (as arranged by Employee)

How • Invite Letter • Outcome Letter Available in Attendance Management toolkit

W

hat w

ill b

e di

scus

sed

The discussion will include: • An update on their health and treatment plan will be provided by the employee. • Review and discuss OH report and recommendations. • Consideration of support / reasonable adjustments including redeployment, phased

return, ill health retirement. • Discuss a potential return to work date and arrangements. • Agree the next review date. • Agree ongoing communications. • Discuss any other relevant points.

O

utco

me

Return to work Further Review Meeting Needed Consider proceeding to Absence Hearing

Discuss a return to work date and agree any reasonable adjustments.

Schedule a provisional date for a further review meeting. Consider whether any additional support could be put in place.

if all adjustments have been considered and either;

1. there is no prospect of the employee returning to work within the foreseeable future; or

2. the employee continues to be absent beyond 6 months;

The manager will inform the employee that an Absence hearing, with a potential outcome of dismissal, may be necessary. At this point the manager will refer to Section 8.

5.3 Terminal Illness Where an employee is suffering from a terminal illness the Trust would aim, as far as possible, to accommodate the employees wishes and would try to provide the most beneficial result for the employee and/or his/her relatives.

In all cases of terminal illness, employees should contact the Pension department as soon as possible to enable options to be identified and discussed.

Options include:

• That the employee continues to work fully or in a reduced capacity • that, if the employee is eligible, they could make an application for ill-health retirement,

or where life expectancy is 12 months or less, their incapacity pensions could be commuted so that the value of their benefits is paid as a single lump sum.

6. Returning To Work

6.1 What to do when you are ready to return to work Employees must inform their manager on the first day that they consider themselves to be fit to

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work, whether or not they are due to work that day. This will ensure that their sickness records are accurate and allow managers to plan service delivery.

If an employee feels well enough to return to work but not to complete their full range of duties they should discuss this with their manager who will decide if advice from OH is required. 6.2 Communicable disease If an employee has been absent due to an illness possibly linked to an outbreak of a communicable illness in their workplace they should obtain advice via their manager from Infection Prevention Control. In the case of diarrhoea and vomiting, employees should refrain from returning to work until they have been symptom free for at least 48 hours, and are feeling well again.

Managers should also refer to the special leave policy in cases of notifiable disease. All absences should be managed in line with Section 7.4.2.

6.3 Return to Work (RTW) Discussion.

When:

All employees must have a return to work discussion following an occasion of sickness absence. Ideally this should be on the first day back at work; this may not always be possible but the discussion must be completed at the earliest opportunity, and within 7 working days.

Where: The discussion should take place in a confidential environment to allow personal information to be shared if necessary.

Who:

A nominated Trust manager will hold this discussion with the employee in line with local practice. If the employee’s manager is not available the manager may nominate another Trust manager to hold this discussion. The employee has a duty to inform a Trust manager of anything which may affect their health and safety at work. Where their manager is not available they should inform another Trust Manager.

How:

The way in which the return to work discussion is carried out is very important. This should be done in a caring and sympathetic manner displaying the commitment of the Trust to the employee’s health and wellbeing.

What:

The return to work discussion form on AttendanceLine should be used to save the details of the discussion. Where AttendanceLine is not in use, a paper return to work form should be completed and kept on personal file. A copy will be given to the employee either by email through AttendanceLine or paper copy. The paper return to work form can be found on Attendance Management Tool Kit.

Why:

The aims of a return to work discussion are: • Discuss the employee’s health and welfare. • To confirm that the employee is fit to work. • To confirm the dates and reason(s) for absence • Determine if the employee requires any further support regarding their health. • To find out whether the employee is still on any medication that may affect their

work, or whether any facilities need to be provided to take the medication. • To provide opportunities to bring the employee up to date with

development/changes in working arrangements and discuss any training requirements.

• To understand whether the employee requires any reasonable adjustments. Where this is the case the manager should seek guidance from OH through a referral.

• Where necessary signpost the employee to support services such as OH and Staff Support.

• To communicate if a trigger has been reached and that a stage meeting will be required within the Managing Attendance Procedure.

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7. Managing Attendance Procedure The following procedure is a framework for managers to apply a fair and consistent approach when an employee’s attendance has reached a level of concern.

7.1 Trigger points After every occasion of absence the manager must review the employee’s attendance and determine if the absence resulted in meeting one of the following trigger points:

• 4 or more occasions* of absence in a retrospective 12 month rolling period • 12 or more calendar days* absence in a retrospective 12 month rolling period • Where it can be shown that the employee’s absences forms a pattern

* NB. Occasions of long-term sickness will count towards the trigger points.

If a trigger point has been met the manager will hold a meeting in accordance with the appropriate stage of the procedure.

An example of the application of this procedure can be found in Appendix 6.

7.2 Pattern of Sickness Absence If a pattern has been identified, then the Trust reserves the right to arrange a stage meeting (based on the particular details of the case and following consultation with HR).

It is important when looking at patterns of absence to bear in mind that there may be an underlying reason causing an employee’s absence. The manager should endeavour to explore any causes and offer support if appropriate.

The following list provides examples of patterns of sickness absence but is not exhaustive:

• Before or after an occasion of annual leave/bank holidays; • A certain day or period off sick each week/month/year; • Sickness at a particular time of year (e.g. school holidays); • Repeated sickness following the expiry of a warning; • Before or after a period of off-duty; • Showing a pattern of part day absences; and • Regular Self Certification.

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7.3 Stage meetings In the course of managing an employee’s sickness absence a manager will follow the framework below:

Stage 1 - Informal Stage 2 - formal Stage 3 - formal

Trigger An appropriate meeting will be held when a trigger point has been met. (see example in Appendix 6)

When

At the return to work interview or within 3 weeks of return to work.

Within 3 weeks of employee returning to work after reaching one of the above triggers.

If the meeting can not be convened within 3 weeks then the reason should be explained to the employee; and an alternative date arranged.

Where Venue to allow a private and confidential discussion.

Who

Manager & Employee* *Advice can be sought from HR and/or Staffside

Manager Manager Employee Employee

HR representative (optional) HR representative Staff side representative or work colleague (arranged by Employee)

How Verbal invite is sufficient Invite Letter – See Attendance Management Tool Kit Outcome Letter – See Attendance Management Tool Kit

What

The employee and manager will discuss: • The stage of the procedure which has been reached • Review the employee’s current and historical sickness absence. • Establish what support or assistance is required to prevent further periods of absence. • Consider the input of OH Department, Staff Support or Physiotherapy. • If an employee has a disability related absence refer to section 4.4 for guidance

O

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The

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will

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ded

on o

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1) Informal monitoring period commences for a period of 12 months.

The employee is advised that if a further trigger* is reached within the next 12 months a stage 2 meeting will be held.

1) Issue a First Written warning.

If a further trigger* is reached

within the next 12 months a stage 3 meeting will be held.

1) Issue a Final Written warning.

If a further trigger* is reached within the next 12 months an Absence Hearing will be held.

OR OR OR 2) The manager uses their discretion and the employee is advised that they will be called to a Stage 1 meeting if a further trigger is reached in the future.

2) The manager uses their discretion not to issue a first written warning;

A stage 2 meeting will be reconvened if the trigger is met again within the remaining timeframe of the informal monitoring period issued at the stage 1 meeting.

2) The manager uses their discretion not to issue a final written warning;

A stage 3 meeting will be reconvened if the trigger is met again within the remaining timeframe of the first written warning issued at the stage 2 meeting.

*In cases of disability related illnesses the manager may agree an adjusted trigger and agree further reasonable adjustments, in consultation with OH advice; or if no further adjustment can be

made, may proceed to an Absence Hearing.

Employee and Manager will agree any additional supporting actions for improving attendance.

Appeal No right of appeal Yes - if formal warning is issued

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Any warnings issued will remain live for a period of 12 months.

During the 12 month monitoring period, if the employee has an absence, the manager will look retrospectively at the employee’s attendance in the previous 12 months; if a trigger has been met then the employee will be invited to the next stage meeting.

If no trigger is reached within the review period then the employee will only re-enter the procedure at Stage 1, if one of the trigger points are met again in the future.

If, after following this procedure, the employee is unable to maintain attendance below the trigger points set out in section 7.1 and where all other appropriate avenues have been explored, it will be necessary to consider convening an Absence Hearing which may result in dismissal.

7.4 Management Discretion In exceptional circumstances, there may an occasion where an absence has happened that has resulted in a trigger point being met, however following a discussion with the employee, the manager decides that no warning will be issued. In all cases the stage meeting should take place to ensure appropriate support is given to the employee and all decisions must be communicated and recorded in the meeting outcome letter, including justification. All cases will be considered on an individual basis

A manager may wish to consult their HR representative for advice.

Although this list is not exhaustive, absences where discretion may be used include:

7.4.1 Pregnancy related sickness absence The stage meeting will occur to enable a dialogue with the employee to review the support required, however absences related solely to pregnancy should not result in a warning being issued. Where an employee who is absent from work due to illness or becomes ill with a pregnancy related illness after the beginning of the fourth week before the expected week of childbirth (EWC), this will be treated as the beginning of ordinary maternity leave (OML) and the OML will automatically commence on the first day of absence; in which case this will not be treated as sickness absence.

In the event of illness following the date the employee was due to return to work from maternity leave, normal sickness absence policies will apply.

Non-pregnancy related sickness will be included when calculating if the criteria has been reached to enter the Managing Attendance Procedure.

7.4.2 Work-related sickness absence The stage meeting will occur to enable a dialogue with the employee to review the support required. Managers will need to consider each case individually.

Absences related to a workplace investigation will not be classed as work related absence for the purpose of this policy.

7.4.3 Disability related absence The stage meeting will occur to enable a dialogue with the employee to review the support required.

Managers should obtain OH advice on the employee’s disability and any impact it might have on

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their sickness absence record. Managers should then decide if a reasonable adjustment would be to adjust the trigger for holding a meeting or the review period.

7.4.4 Linked Absence There may be instances where an employee has returned to work too quickly and goes off within seven calendar days with the same illness. Such absences should be linked and counted as one occasion rather than two. Where there is uncertainty about whether the occasions are linked, advice may be sought from OH.

8. Absence Hearing

8.1 Making the decision to proceed to Absence Hearing If the processes with section 5 or 7 of the policy have been exhausted, the manager will refer the case to a senior manager (See Scheme of Delegated Authority Appendix 2). The Senior Manager will make the decision whether or not to proceed to an Absence Hearing, this will be done in consultation with their HR support and considering OH advice.

The Senior Manager will consider the appropriateness of the following options before proceeding to an Absence Hearing: • the appropriateness of holding another Stage 3 meeting if the employee is being managed

within Section 7 - Managing Attendance Procedure; • extending the review period if the employee is being managed within Section 5 - Long

Term absence procedure; • ensure all reasonable adjustments have been considered, including redeployment; • ensure advice from OH has been obtained within the last 3 months.

8.2 Proceeding to an Absence Hearing If it is decided to proceed to an Absence hearing the manager will write a management report which will be presented at the hearing.

The employee will be invited to the hearing and given 10 working days’ notice, which enables them to arrange representation if they wish. The employee will also be provided with a copy of the management report.

Within the invite letter the employee must be advised of the nature of the hearing, the potential outcome, which could include redeployment or ultimately dismissal and their right to representation.

Time should be allowed for an ill-health retirement application to be completed and sent to NHS Pensions. However, managers should not delay proceeding to an Absence hearing while they await a decision from NHS Pensions.

Refer to Attendance Management toolkit on the Trust Intranet for template documents.

8.3 Failure to attend an Absence hearing If an employee fails to attend an Absence hearing, the manager should seek to clarify the reasons for non-attendance.

If an employee is unable to attend the hearing, it may, depending on the circumstances of the reasons, be postponed and rearranged to another time ideally within 14 days.

If the employee unreasonably fails to attend an agreed reconvened hearing, it will normally proceed in their absence; where in attendance, their representative will be given the opportunity to present the employee’s case on their behalf.

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Managers should refer to their HR representative for further guidance. 8.4 At the hearing At the hearing, the manager will present the management report to a panel chaired by a Service Director or equivalent (see Appendix 2 Scheme of Delegated Authority) and an HR representative.

The panel will consider the information within the management report and offer the employee the opportunity to respond.

The management report should contain:

• the details of absence(s), • detailed evidence of process management have followed from Section 5 or 7, • latest advice from OH, for example where:

• there is any underlying medical condition causing the absences; • the underlying medical condition is or could be regarded as a disability; • recommendations have been made, including any reasonable adjustments; • in the opinion of OH, the employee will return to work in the foreseeable

future and the likelihood of further absences in short term The type of information the panel will seek from the employee will be:

• an understanding of current treatment and/or medication where appropriate; • likely prognosis of improvement in health; • likelihood of attendance improving; • any work related factors impacting absences; • whether the employee believes there is any further support that could have been offered; and • any other information the employee deems relevant.

8.5 Absence hearing outcome The hearing will adjourn and then on return the panel will decide one of the following outcomes:

1. Further time to improve:

o The employee is provided with further time to improve attendance; o an action plan may be set; this may include redeployment, further reasonable

adjustments, referral to OH; o the timeframe for improvement; o re-issue a warning (if applicable); and advise the next steps if the improvement target is

not met; o should the improvement not be made, where possible, the same panel will reconvene to

consider the outcome. 2. Adjourn and seek further information

o Where it is deemed that further information, including medical information, is required the panel may adjourn the hearing until such information is available. The hearing will be reconvened at the earliest date possible.

3. Termination of contract

o It is established all reasonable efforts to provide support for attendance or return to work has been made, therefore termination of employment is the appropriate course of action.

Where appropriate, every effort will be made to deliver the outcome of this meeting on the same day. The outcome of this meeting will be confirmed in writing within 7 calendar days of the date of the meeting.

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8.6 Dismissal (Termination of Contract) If a decision is taken to dismiss an employee, the employee will be entitled to contractual notice, or statutory notice, whichever is the greater.

Any employee whose contract is terminated due to sickness absence is entitled to receive all of their contractual annual leave accrued within the annual leave year which their contract of employment is terminated.

If the occasion of absence spans two annual leave years then normal annual leave carry over principles will apply. However, should the employee not have had opportunity to take the statutory element of their annual leave (20 days pro-rata, excluding Bank holidays), then annual leave carry over will be increased to incorporate this (See Appendix 1 for further information).

8.7 Appeal In the event that the outcome of the Absence hearing is termination of contract, the employee will have the right of appeal. Any appeal must be made in writing within 14 calendar days of the employee receiving the hearing decision letter and otherwise in accordance with the details set out in that hearing decision letter. The grounds upon which the employee wishes to appeal must also be stated clearly. The appeal should be made to the Director of People & Organisational Development, Redesmere Trust Headquarters.

Any appeal will be heard in accordance with the Trust’s recognised Appeals procedure (See Appendix 4) and in line with the agreed scheme of delegation (see Appendix 2).

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Appendix 1 – Additional Information Unauthorised Absence Unauthorised absence is likely to be treated as a fundamental breach of contract which may result in the termination of the employee’s contract of employment.

Any employee who is absent from work and does not provide notification, the manager has the right to regard them as being unauthorised absent from work. In such cases, occupational sick pay may be withheld. The manager should inform Payroll of the decision.

Prior to suspending any pay, the manager will attempt to make contact with the employee by telephoning and in writing first and by any other means available to them, which could include a home visit but this is not compulsory. The managers should keep records of any such attempts.

Managers should fully investigate the reasons for unauthorised absence.

The manager should seek advice from the Human Resources Department prior to suspending an employee’s pay due to unauthorised absence.

Sickness during Planned Annual Leave Employees who fall ill during a period of annual leave may treat the days of illness as sickness absence provided that they notify their manager on their first day of sickness in accordance with the timescales outlined in this policy. The employee must provide a fit note to support the period of sickness, in this circumstance.

Days of annual leave lost through illness may be re-booked and taken at a later date within the current annual leave year. Those employees who do not provide a fit note or fail to follow correct reporting procedures will remain booked as annual leave. It should be noted that the normal rules will apply for the carry-over of annual leave to the following financial year.

Annual Leave during Sickness If an employee is planning to take annual leave whilst on sick leave, they should follow the normal procedure for applying for annual leave within their area of work. It is expected that they will notify their manager in advance of travelling and to have sought and be complying with relevant medical opinion that they are fit to do so.

Annual Leave Accrual during Sickness It is recognized through legislation that employees on sick leave will continue to accrue contractual annual leave they are entitled to receive in a leave year.

The exception to this however relates to bank holidays, should an employee be absent from work at the time of a bank holiday then this should be deducted from their annual leave entitlement.

Each case of carrying over annual leave is considered by the manager on a case by case basis. All employees may request one contractual week to be carried over under the annual leave policy which is subject to management approval however there maybe occasions where the employee is entitled to carry over additional annual leave.

For employees who have not had opportunity to take all of their annual leave in the current year due to long term sickness then consideration will be given to allowing them to carry a proportion of their annual leave as per the relevant legislation.

In considering this additional carry over, consideration must be given to the following points (as set out by legislation);

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• Additional carry over cannot be greater than the statutory annual leave entitlement which is 20 days for this purpose

• Any annual leave taken during the annual leave period should be deducted from this 20 day amount

• Consideration should be given as to whether the employee had ‘opportunity’ to take this annual leave during the annual leave period. If they had opportunity, even prior to a period of unplanned sickness absence, but chose not to take annual leave, then this would be grounds t o refuse additional carry over beyond that stipulated in the Trust annual leave policy.

• Statutory annual leave that is carried over can only be used for a maximum period of 18 months from the end of the relevant leave year, after which it will expire.

Sickness Due To Planned Surgery Planned surgery, provided it is following the advice of a doctor or consultant, will be classed as sickness absence, as will any subsequent time off for recovery and recuperation and will count towards triggers for taking action.

Absence Due To Cosmetic or Elective Surgery Where employees are required to undergo cosmetic or elective surgery, including laser eye surgery, this will be regarded as sick leave only where surgery is essential to the employee’s health or wellbeing and a fit note is provided to confirm this. Where such surgery is not essential for the employee’s health or wellbeing, annual leave or unpaid leave should be used instead.

Medical and Other Appointments Employees should refer to Special Leave policy for guidance when arranging medical and other appointments.

Undertaking Work Whilst Absent Employees who are on sick leave from their substantive role must not undertake any other paid or unpaid work. This includes assignments offered by our bank service or other clinical bank services.

Undertaking alternative or additional paid employment whilst on sick leave is normally classed as fraudulent activity and therefore gross misconduct and could result in summary dismissal.

There may be exceptional circumstances whereby it is appropriate for the Manager to agree to an employee undertaking other work; for example when partaking in such work would be considered helpful to aid recovery and where it is supported by medical evidence.

Sick Pay Providing employees comply with notification and certification procedures, they are entitled to receive occupational sick pay at their basic rate of pay during periods of absence due to sickness, in accordance with national terms and conditions.

An employee’s entitlement to occupational sick pay is based on completed years of service, including continuous NHS service, with a break of less than 12 months. The following table sets out the maximum duration for receipt of occupational sick pay: -

Continuous NHS service Period of full pay Period of half pay 0 to 12 months 1 month 2 months 1 to 2 years 2 months 2 months 2 to 3 years 4 months 4 months 3 to 5 years 5 months 5 months

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Over 5 years 6 months 6 months

The Trust reserves the right to recover payment of sick pay where an employee is found to be in breach of these procedures and/or where there is evidence of abuse of the scheme.

www.nhsemployers.org details entitlements for employees on Agenda for Change terms and conditions.

Injury Allowance Injury allowance is a top-up payment and tops up sick pay, or reduced earnings when on a phased return to work, to 85% of normal pay.

This Policy should be read in conjunction with NHS Terms and Conditions of Service Handbook which contains provision for injury allowance payment. To apply for Injury Allowance, please see Injury Allowance Application Form available on the Intranet. See also Section 3.3.

Ill Health Retirement Employees may be eligible to apply for Ill Health Retirement if they are in the NHS Pension Scheme. For further information employees should contact the Trusts Pensions Team.

http://www.nhsemployers.org/

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Appendix 2 - Scheme of Delegated Authority

As the employer, the Trust Board has decided to delegate authority to take action under this policy as per the schedule below.

If there is any doubt relating to how the scheme of delegated authority applies in any situation, this should be verified with the Head of Human Resources or HR Service Partner.

Level of Action Minimum Level of Authority Minimum Level of Authority Appeal

Written warning

(stage 2)

Manager

Next in line

Final warning (stage 3)

Manager

Next in line

Decision to proceed to

Absence hearing

Clinical Services Manager / Deputy

Associate Director or equivalent

Not applicable

Absence hearing

Service Directors Associate Directors Heads of Service

General Managers

Sub-Committee of Trust

Board*

* The Sub - Committee will comprise of three Directors, who may be Executive or Non-Executive. A Non- Executive Director will normally chair the Sub-Committee. In the case of a matter relating to Directors, Executive Directors or the Chief Executive, the Sub-Committee will comprise Non-Executive Directors only.

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Appendix 3 - Failure to Comply with/support the Trust Procedure The Trust provides employees with considerable support during periods of sickness. To support this procedure the Trust expects employees to fully co-operate with our OH staff and to comply with this procedure.

It is the employee’s responsibility to maintain contact with the Trust. The Trust reserves the right to contact the employee or their next of kin either by telephone or by home visit where they have not maintained contact or reasonable grounds for concern exist for the employee’s welfare or whereabouts.

Where employees do not comply/or abuse this procedure, the Trust maintains the right to implement the disciplinary procedure.

Examples of non-compliances include (not exhaustive list);

• Failure to contact the Trust on the first day of the employees absence • Failure to maintain contact on an ongoing basis at times and dates as agreed with manager. • Failure to provide Fit notes and/or in a timely manner • Failure to attend meetings • Falsely reporting absence as sickness (i.e. the absence is due to reasons not relating to

the employee’s health e.g. child-care or travel arrangements) If disciplinary action is to be taken this would be managed in line with the Trust’s Disciplinary procedure.

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Appendix 4 – Employee Right of Appeal An employee has a right of appeal against any formal action taken.

Any appeal must be made in writing within 10 working days of the employee receiving the outcome letter and otherwise in accordance with the details set out in that outcome letter. The grounds upon which the employee wishes to appeal must also be stated clearly in the written appeal, for example:

• The penalty was too harsh, inappropriate or inconsistent with decisions taken in

other similar (specified) circumstances; • Specific extenuating circumstances were not fully considered; • The process of the hearing was unfair (in some specified way); • New (specified) information has come to light which, if known at the time of the

hearing, might have affected the decision. Management reserves the right not to allow access to an appeal where no reasonable grounds for appeal are stated in writing. Simply appealing on the basis of not agreeing with the decision given, for example, will not be considered a valid appeal reason. Management will give its reasons for not allowing an appeal in writing to the employee.

No written request for an appeal received by management after the elapsing of 10 working days from the receipt of the outcome letter will be considered, unless special mitigating factors are accepted by management. The unavailability of a trade union / professional body representative will not be counted as an acceptable reason for delay in submitting an appeal.

An appeal will always be heard by a different hearing officer / panel to the one(s) involved in the original hearing. Appeals against dismissal will be heard by a Special Sub Committee of the Trust Board.

Appeal hearings will be held at the earliest time reasonably practicable after the receipt of the employee’s written appeal.

Documentation to be relied upon at an appeal will normally be that used in the original hearing, unless agreed otherwise in advance by the Chair of the appeal hearing. Papers from both parties will be circulated at least 5 working days in advance of the appeal hearing date.

Appeal Hearing Procedure

Employee’s case for review: The following order of events shall apply to the employee’s case:

1. The employee (or the employee’s representative) shall put their case for review in the

presence of the management representative. 2. The management representative shall have the opportunity to ask questions of the

employee or the employees representative; 3. The members of the panel / appeals sub-committee shall have the opportunity to ask

questions of the employee and the employees representative; 4. The employee (or the employee’s representative) shall have the opportunity to re-examine

their evidence on any matter referred to in their examination by management or panel / members of the appeals sub-committee.

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Management case The following order of events shall apply to management’s case:

1. The management representative shall state the management case in the presence of

the employee and the employee’s representative; 2. The employee (or their representative) shall have the opportunity to ask questions of

the management representative; 3. The members of the panel / appeals sub-committee shall have the opportunity to ask

questions of the management representative; 4. The management representative shall have the opportunity to re-examine their evidence

on any matter referred to in their examination by the employee (or their representative) or members of the panel / appeals sub-committee.

Summing up 1. The management representative shall have the opportunity to sum up their case if they

so wish. No new subject matter or information may be introduced at this stage. 2. The employee (or their representative) shall have the opportunity to sum up their case if

they so wish. No new matter or information may be introduced at this stage. 3. NB: the employee (or their representative) shall have the right to speak last.

Sub-committee deliberations 1. The employee, the representative and the management representative present shall all

withdraw whilst the panel / sub-committee considers its decision. 2. The panel / sub-committee shall deliberate in private, only recalling both parties to clarify

points of uncertainty on evidence already given. If recall is necessary, both parties shall return, notwithstanding only one in concerned with the point giving rise to doubt.

Giving the decision 1. The employee, the representative and the management representative will be recalled

and advised of the panel / sub committee’s decision. Part of that should be confirmation that the decision will be given in writing subsequently. The hearing ends.

2. The panel / sub committee’s decision will be confirmed in writing within 5 working days of the verbal decision having been given to the employee.

3. NB: at any stage of an appeal hearing, the chair has the right to call for further information to be provided either by management or the employee or the employee’s representative. That may necessitate an adjournment. Both the management representative and the employee (or the employee’s representative) will be able to ask questions of any further information.

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Appendix 5 – Redeployment Due To Ill Health Capability Where an employee is suffering from an ongoing illness or condition which appears to affect their work performance, their manager will refer them to Occupational Health for an assessment on their ability to perform the duties of the job. If the medical opinion received from Occupational Health is that the employee is no longer able to perform the full duties of their role, as a result of their health, the manager in conjunction with HR and staff side, should consider any reasonable adjustments that can be made to:

• the duties of the job • the working environment • shift patterns or hours of work.

If none of the above considerations are feasible and in accordance with advice sought from OH, the Trust will look to redeploy the employee to any suitably alternative posts that may be available subject to a trial period of 12 weeks.

Duration on Redeployment Register where the reason for redeployment is Ill Health Capability Employees will remain on the register for a period of up to 12 weeks, unless there are exceptional circumstances. An example of exceptional circumstances may be where the employee has found alternative employment outside the Organisation prior to the three month period ending. The employee will need to complete a Redeployment proforma which can be obtained from the Locality HR Advisor.

Disability Related Redeployment The amendment to the Disability Discrimination Act, (now the Equality Act 2010) also introduced the concept of positive discrimination where a disabled employee can be treated differently in order to ensure they remain in work, e.g. an internal disabled applicant, who has been displaced from their current role, may be considered favourably against an able bodied candidate. Advice should be sought from Occupational Health as to whether a condition should be considered under the Equality Act 2010.

Pay Protection where the reason for redeployment is Ill Health Capability If redeployment is found, the employee will receive the terms and conditions appropriate to the new post (effective from date of start of trial period) and will not normally be subject to pay protection as outlined in the Trust Pay Protection Policy.

If redeployment is due to an injury at work reference should be made to NHS Agenda for Change handbook Injury allowance.

Redeployment to a fixed term position where the reason for redeployment is Ill Health Capability Where an employee has been working in a substantive role and is redeployed into suitable alternative employment on a fixed term contract, they will remain on the Redeployment Register for the duration of that fixed term contract or during the final six months of that fixed term contract, whichever is the shorter period during which time, other suitable alternative redeployment will be sought.

Failure to redeploy where the reason for redeployment is Ill Health Capability Attempts will be made to redeploy the employee during their period of sickness absence. If alternative employment cannot be found the employee’s contract of employment may be terminated on the grounds of capability due to ill health in accordance with the procedure under Absence hearing (See Section 8). Where such a situation appears likely employees who are members of the NHS Pension scheme may wish to apply for ill health retirement benefits.

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Appendix 6 – Example of Attendance Management Process

The example above shows an absence history taken from AttendanceLine. On the first 3 occasions of sickness (June, November, December 2014) the manager reviewed the employee’s attendance during the previous 12 months absence and found no trigger point had been met. The manager completed Return to Work Interviews for all occasions. The employee was then absent on 18th December 2014; the manager reviewed the employee’s attendance during the previous 12 months – the employee had been absent on 4 occasions totaling 8 days, therefore a stage 1 meeting was held and the informal monitoring period commenced. The employee was then absent in January 2015; the manager reviewed the employee’s attendance during the previous 12 months – the employee had been absent on 5 occasions totaling 38 days, therefore a stage 2 meeting was held at which a first written warning was issued. The employee was then absent in March 2015; the manager reviewed the employee’s attendance during the previous 12 months – the employee had been absent on 6 occasions totaling 39 days, therefore a stage 3 meeting was held at which a final written warning was issued. *The employee was then absent in July 2015. The manager reviewed the employee’s attendance during the previous 12 months – the employee had been absent on 6 occasions totaling 47 days. Therefore, an Absence Hearing will need to be considered in line with Section 8.

managing attendance policy - cheshire and wirral partnership nhs … · 2019. 10. 15. ·...

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