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27. Sickness Absence Management Policy

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Sickness Absence Management Policy September 2019
INTRODUCTION
Purpose
The Parish Council expects a high level of attendance amongst all employees in order to maintain an effective and positive working environment which does not place undue pressure on colleagues. Employee attendance is critical to maintaining high quality and efficient Parish Council’s services by minimising the disruption to these services caused by sickness absence.
The aim of the policy is to assist employees to achieve high attendance levels through fair, firm, consistent and supportive management. Employees are expected to be proactive in managing their own attendance and looking after their own health and wellbeing in order to maintain a satisfactory level of attendance at work and to minimise sickness absence rates across the Parish Council.
Scope
The policy applies purely to sickness absence. There are separate policies in place for other types of leave or absence from work.
Policy Statement
The Parish Council is committed to the effective management of sickness absence in a manner which is reasonable, fair and consistent. In doing so the Parish Council aims to reduce the impact of sickness absence on its ability to deliver critical services to its customers.
Furthermore the Parish Council is committed to supporting, wherever possible, those employees who have a disability falling within the scope of the Equality Act 2010.
ACCOUNTABILITIES
1. Employees:
• As far as possible to take care of their own health and well being in order to maximise their ability to attend work.
• Where long term medical conditions are present, to take all reasonable steps to actively manage such conditions in order to minimise the impact on the workplace, and to seek advice, support and assistance from the Parish Administrator.
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Sickness Absence Management Policy September 2019
• To be aware of, and adhere to, the absence notification and reporting procedures.
• To cooperate with any and all reasonable management action and intervention to manage attendance.
• To be honest about the reasons for absence and use alternative corporate absence provisions such as annual leave/compassionate leave etc. (By agreement with the Parish Administrator) when these are more appropriate to the circumstances.
2. The Parish Council:
• To provide access to this policy for all employees.
• To provide consistent and fair treatment to all employees.
• To act promptly when support has been identified or requested.
• To ensure employee confidentiality.
• To positively promote health and well being to all employees
• To proactively manage sickness absence, taking personal responsibility and ownership for reducing sickness absence.
• To conduct fair, objective and consistent decision making when managing absence in accordance with the guidelines contained in this policy.
• To act in a supportive manner to enable employees to remain in work or return to work.
• To act promptly when a sickness trigger point is met.
• To ensure employees are informed of what stage in the absence management process they are in as well as any consequences of the process.
• To ensure all documents relating to sickness absence are completed in full and all relevant details are received from the employee.
• To provide a degree of flexibility when supporting an employee’s return to work
• To pay due regard to the statutory duty to consider ‘reasonable adjustments’ to the work or working environment as required by the Equality Act 2010
• To provide support to employees in managing medical conditions which may be sensitive and/or life changing in nature.
• To provide advice and guidance on the management of sickness absence.
• To actively promote health and well being across the Parish Council in conjunction with other services as appropriate.
• To assist with formal meetings where required.
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Sickness Absence Management Policy September 2019
PROCEDURE
1. Sickness Absence Triggers for Action
In order to deal with sickness absence in a fair and consistent manner the Parish Council will use sickness triggers for the purpose of monitoring sickness absence. These triggers are defined later in this policy and will provide managers with prompts for addressing sickness absence.
2. Employee Absence Notification Procedures Absences Up To 7 Days
Employees should telephone and speak directly to their Parish Administrator before 10.00 am on the first day of any absence and every working day thereafter for the first 7 days of sickness. Where there is some compelling reason why a person is unable to ring in every working day during the first 7 days then alternative contact arrangements may be agreed between the manager and their employee after the first day, solely at the managers’ discretion. The PA to inform the Assistant Parish Administrator, who will then advise the Chairman.
Texting, emailing or other forms of communication are not acceptable methods of notifying sickness absence
Employees must provide the Parish Administrator with details of their illness or injury, their anticipated length of absence and details of any work commitments that may need rearranging as a result of their absence.
In exceptional circumstances where the employee is unable to telephone in person (e.g. serious illness or injury) a family member should telephone on their behalf. The employee must make direct contact with their Parish Administrator as soon as possible thereafter.
If an employee fails to make contact with the Parish Administrator during the first 7 days of absence then this may lead to the employee being regarded as ‘absent without leave’ until such time as the true nature of the absence can be ascertained. Dependent on the circumstances such a failure to report absence in line with this procedure may result in disciplinary proceedings.
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Sickness Absence Management Policy September 2019
Sickness Notifications
Following receipt of an initial sickness absence notification the Parish Administrator or their nominated representative should record the details of the absence in the initial sickness notification details on part 1 of the ‘Sickness Declaration and Return to Work Discussion’ form (Appendix 1) as this form will need to be fully completed during the return to work interview once the employee returns to work.
Eighth Day of Absence
If the employee has not returned to work on the eighth calendar day of absence they must obtain a medical certificate from their Doctor to certify their ongoing absence. This should be forwarded to their Parish Administrator for initial review. Failure to comply with the certification procedures may result in loss of sick pay and the absence may be regarded as unauthorised absence in accordance with the Disciplinary Procedures.
Continuing Absence
Where the absence continues beyond the return date detailed on the initial medical certificate, the employee must submit subsequent medical certificates to their Parish Administrator to cover the whole period of absence. The Parish Administrator must ensure that all medical certificates are forwarded to the Parish Administrator as soon as possible thereafter.
3. Return to Work Interview
The return to work interview is one of the most effective tools for achieving reductions in short term sickness absence.
Upon return to work following any period of sickness absence (short or long term) Parish Administrators must conduct a “Return to Work” interview with the employee. This interview should be undertaken on the first day of the employee’s return to work or as soon as possible thereafter. The Assistant Parish Administrator will undertake the PA’s return to work and this will be signed by the Chairman.
The outcome of the interview must be recorded on a Sickness Declaration and Return to Work Interview Form (Appendix 1)
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Sickness Absence Management Policy September 2019
4. Managing Short Term Absence
Whilst it is acknowledged that the majority of sickness absence is likely to be genuine in nature high levels of absence have an adverse impact both on the Parish Council, its ability to provide a service to its customers and on other colleagues. On this basis employees should be aware that frequent or extended periods of absence may render them liable to progress into formal sickness management procedures. Such procedures involve a staged management process which may ultimately lead to dismissal from employment.
Informal “Concern” Stage
Once an employee reaches 3 periods of absence or has had a total of 6 full normal working days of short term sickness in a rolling 12 month period they will be issued with an informal “Letter of Concern” (Appendix 2) advising them that they are close to reaching the trigger point for action under the formal absence management procedure.
Triggers for Formal Action – Short Term Sickness
In order to ensure that all employees are managed consistently and fairly, the formal procedure should be applied where an individual’s absence level reaches any one of the following trigger points:
• The employee has been absent for 4 or more occasions in a rolling 12 month period;
or
• The employee has an unusual or recurring pattern of sickness absence which gives rise to concern, such as frequent absenteeism on a particular day of the week, regular (predictable) absenteeism during school holidays or absenteeism coinciding with deadline dates or peaks in workload etc. (This is not an exhaustive list);
or
• A rate of sickness absence that is higher than the Parish Council target current corporate sickness level target, pro-rata’d for part time employees. Eg 8 FTE days.
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Sickness Absence Management Policy September 2019
Combination of Short and Long Term Absence
Where an employee’s sickness record comprises long term and short term absence then any period of long term absence in the rolling 12 month period will only be monitored against the trigger of 4 occasions of absence and unusual pattern of absence but will not be monitored in regards to the amount of days taken.
Short Term Sickness – Formal Stage 1 (First written Warning)
Should it be determined by the PA that there is a need to implement the formal sickness procedure an employee who has reached one of the trigger points will be invited to attend a formal absence management meeting with the PA. A letter of invitation will be issued to the employee giving details of the date, time and venue of the meeting (Appendix 4). Employees will be entitled to be accompanied by a colleague or trade union representative.
At the conclusion of the meeting the employee will ordinarily be issued with a stage 1 warning letter outlining the content and conclusions of the meeting and setting out the expected level of improvement in their attendance over a specified review period of 3 – 6 months. (See appendix 6) The stage 1 letter will remain ‘live’ for 12 months. Any failure to achieve the expected level of improvement during the review period or any deterioration in attendance levels during the period in which the stage 1 is ’live’ will ordinarily result in progression to stage 2 of the formal process. Progression to stage 2 whilst under a stage 1 letter will occur if a person again hits the rolling 12 month triggers whilst in that period.
Short Term Sickness – Formal Stage 2 (Final Written Warning)
An employee who has not made the expected improvement in their attendance within their stage 1 review period or whose rate of short term absence deteriorates during the period of the stage 1 warning will be invited to attend a formal stage 2 absence management meeting with the Parish Administrator. The employee will be issued with a formal letter of notification of the date, time and venue of the meeting and be given the opportunity to be accompanied by a colleague or trade union representative. (Appendix 5)
The reason for the lack of improvement will be explored and areas of possible support reviewed – including re-consideration of all of the factors detailed under the stage 1
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guidance above and consideration of any mitigating factors.
The employee should also be made aware that failure to improve their attendance during the formal stage 2 review period (or deterioration of their attendance record during the period of the stage 2 warning) would result in progression to stage 3 of the absence management procedure potentially leading to termination of the employment contract. (Appendix 6).
An employee who achieves the expected levels of attendance following the stage 2 review period will be notified, in writing, that they have achieved the desired improvement. (Appendix 7) Nevertheless the stage 2 warning itself will remain ’live’ until the end of the expiry period.
Short Term Sickness – Formal Stage 3 (Dismissal Hearing)
An employee who has not shown the expected improvement in attendance during their stage 2 review period, or whose attendance has deteriorated during the period in which the final written warning is in force will be invited, in writing, to attend formal stage 3 meeting.
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The purpose of the meeting will be to discuss the employee’s attendance record and the lack of improvement, along with any mitigating factors that may need to be taken into account. Where improvement has not been achieved, the Parish Administrator should consider whether redeployment is an option available at the time, but if not the outcome of this meeting will ordinarily be that the employee’s contract of employment will be terminated with appropriate notice on the grounds of unacceptable performance (unless there is some substantial mitigating reason why this should not be the case). The employee will be issued with written notification of the outcome. (Appendix 8).
Extension to Review Periods
Ordinarily, where an employee’s attendance does not improve during one of the above stages, the employee will naturally progress to the next stage. However where the Parish Administrator feels that, due to strong mitigating factors, it is not appropriate to move the person to the next stage (despite absence being taken during the review period), an extension to the current review period may be made.
Right of Appeal
At each of the formal stages described above an employee will be entitled to appeal against the issue of a staged warning letter or dismissal notice.
• Appeals must be lodged with the PA in writing, clearly stating the grounds for appeal, within 10 working days of receipt of the letter advising what formal action has been taken.
• Appeals will be heard by the PA and Vice Chairman.
• The appeal hearing will normally take place within 20 working days of receipt of the letter or without unreasonable delay, dependent on the availability of the PA and Vice Chairman.
• The employee is entitled to be accompanied by a colleague or trade union representative to any appeal meeting
• To ensure impartiality, the appeal will be heard by different parties from those previously involved in the formal sickness review meetings
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Sickness Absence Management Policy September 2019
• Following the appeal meeting the employee will be sent a letter advising the outcome of the appeal. This will be sent without unreasonable delay, usually within 5 working days.
Note: Simply being upset about the outcome or the fact that a person has been placed under a sickness review period and staged warning letter will not, in itself, be deemed as a sufficient reason for lodging an appeal. The right of appeal is against the imposition of a formal warning or dismissal. Grounds for appeal can include (but are not limited to):
• Dispute as to the accuracy of facts considered as part of the decision making.
• Information that may have subsequently come to light but which was not available at the time the decision was made.
• Failure to follow the processes outlined in this policy.
• Perverse decisions which appear unrelated to the facts.
• Acts of discrimination on grounds of a protected characteristic as defined within the Equality Act 2010.
5. Managing Long Term Absence General Guidance
Absences exceeding 15 continuous working days are considered as being long term in nature and will trigger the long term absence management procedure.
6. Employees Returning after Long Term Absence
Employees who return to work after a period of long term absence may find returning to work difficult – perhaps because of general fatigue, loss of confidence, de-skilling or the ongoing after-effects of their illness. However, maintaining regular contact throughout the illness may go some way towards mitigating some of these effects.
A phased return (i.e. returning to work on reduced hours initially, building up hours over a period of days or weeks) is one option to consider. However, any such phased return will only be implemented where there is specific advice from the employee’s GP or Hospital Consultant indicating that this is necessary. Consequently, not all long term absences will justify a phased return to work. During any agreed phased return employees will receive full pay.
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Sickness Absence Management Policy September 2019
Depending on the length and nature of the absence the PA should consider (but are not limited to) the following to assist returning employees to integrate back into the work place:
• Regular monitoring meetings with the employee over the first few weeks following their return to work to check on progress.
• Training – particularly where business processes or practices have changed during the absence period.
• Gradual build up of duties over a period of time.
• Ensuring that the employee is able to attend any residual medical appointments.
• Implementing any agreed “reasonable adjustments” to accommodate a disability in the workplace
7. Additional Points to Note
Content of Dismissal Letters
If a decision is made at the final stage of the long or short term procedures to terminate the employee’s contract of employment, the following must be detailed in writing and issued to the employee in an outcome letter (Appendix 8);
• The dates of the absence
• Reference made to being managed in line with this attendance management policy
• Whether there has been any failure throughout the periods of sickness absence to follow the notification procedures, i.e. not providing medical certificates on time
• Details of how the absence is impacting the department and/or Parish Council
• The cost associated with the sickness absence; i.e. sick pay, occupational health referrals, temporary replacement workers etc.
• Whether the Parish Council accepts that the employee is covered by the Equality Act 2010 and how this has been taken into account
• Details of any reasonable adjustments that have been put in place and/or any suggestions of reasonable adjustments that have not been put in place and justification of why not, i.e. practicality, financial reasons etc.
• Any information suggesting a lack of action by the employee to get themselves better I.e. missed appointments etc.
• Acknowledgement of things the employee has done to try and improve their
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attendance levels as well as their submissions and opinions on the absence
• Any alternative duties or redeployment options that have been explored. Any previous stages not completed satisfactorily either currently or historically
• Any lack of guarantee that future treatment would be successful to enable an immediate or near future return to work
Other Work Whilst on Sick Leave
Whilst an employee is on sick leave they must not undertake any other work (either for themselves, another person or organisation) or engage in any other activity which their illness would normally prevent as this could raise doubts about the genuineness of the illness or could make the symptoms worse or persist for longer resulting in additional time off work needed. If an employee does wish to undertake work outside of the Parish Council whilst on sick leave, they should immediately make the Parsih Administrator aware.
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Referrals to Occupational Health and Medical Examinations
From time to time, the Parish Council may require an employee to attend an appointment with an occupational health adviser or medical examination by a medical practitioner nominated by the Parish Council. The Parish Council will comply with the provisions of the Access to Medical Reports Act 1988 where applicable and the employee will be made aware of their rights. Any costs associated with the examination or referral will be met by the Parish Council. The purpose of any referral will be to seek professional advice and guidance regarding an employee’s ability to undertake their duties, the impact of the ill health on their the ability to undertake their duties, what measures can be put in place to support the employee in returning to work and to ascertain a likely timescale for returning to work.
The Parish Council is entitled to rely upon the co-operation of the employee in attending meetings/medical referrals etc. In the absence of such co-operation, decisions may be taken about the absence based on the information that is available (i.e without the support of medical evidence)
Sickness Absence and other Procedures
Where sickness absence forms part of a wider capability issue then this will normally be investigated as part of the capability procedure as well as through the Sickness Absence Policy and Procedure.
Where sickness absence is believed not to be genuine or there are any allegations of abuse of the sick pay scheme then this will be addressed under the disciplinary procedure.
Any absence which is not connected to the employees own physical or mental health which renders them unable to perform their duties will not be regarded as sickness absence but rather should be addressed through the Special Leave policy.
Work Related Ill Health or Injury
If an employee believes that their ill health or injury has been caused at work, the employee should inform the Parsih Administrator of the accident and complete the Parish Council’s Accident Report Form on the day of the accident.
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Ill Health which does not lead to absence from work
There may be occasions where an employee is suffering from ill health but this does not lead to absence from work. If the employee believes that their ill health is having an impact on their ability to undertake their job they should raise this with the Parish Administrator. The Parish Administrator should discuss this confidentially with the employee and identify whether any assistance can be provided to support the employee at work including any temporary or permanent changes to working arrangements, where feasible. Depending on the individual circumstances, it may be appropriate to seek advice and guidance through the occupational health referral service.
Non Attendance at Formal Meetings
Failure by an employee to attend a formal attendance management meeting without good reason will mean that another meeting date will be scheduled. However, the employee will be advised that failure to attend a second time may result in a decision being made in the employee’s absence.
Sickness and Annual Leave
Entitlement to annual leave continues to accrue during sickness absence.
Where an employee falls sick during a period of pre-planned annual leave, they are entitled to have their holiday re-instated subject to providing medical certification or self- certification as required under the Parish Council’s Managing Sickness Absence Policy and Procedure. This provision applies to annual leave only and not to flexi leave or other time off in lieu. Note: any employee found to have made a fraudulent self certification of sickness, for the sole purpose of seeking re-instatement of leave, will be subject to a disciplinary investigation and potential disciplinary action.
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Sickness Absence Management Policy September 2019
Sickness Declaration and Return to Work Discussion Form
This form must be used to record all sickness absence on return to work. PART 1 must be completed by the manager when the employee rings in sick. PART 2 is to be completed by the employee on return from sickness absence and PART 3 is to be completed by the manager when the employee returns to work followed by the employee and managers signatures.
It is important that the manager and employee have a meeting to fill in parts 2 and 3 together.
PART 1 – To be completed by the manager when contact is first made by the employee
Payroll Number:
Employee Name:
Job Title:
First day of absence:
Last day of absence:
Reason given for absence:
Who was the call made by?
(If contact was made by someone other than the employee; was this an acceptable reason? – please state – if not, explain the process to the employee upon return to work & confirm on the form that the conversation has been had) PART 2 – To be completed by employee on return to work
Manager should ensure ALL parts are completed by the employee before completion of part 3.
I certify that I was unable to attend work for the following reason(s):
(Please state any symptoms, or describe any injury or other incapacity. Please advise if your absence is a result of an accident at work).
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
……………………………………………………………………………………………
When did the period of sickness commence (when did you begin to feel unwell, including non-working days)?
………………………………………………………………………………………………………………………… When did your absence from work begin?……………………………………………………………………………………
What was your last day of absence from work? ……………………………………………………………………… Do you know what may have caused the absence?………………………………………………………………..
Did you contact your manager on day 1 of your absence? YES/NO
(Please delete as appropriate)
If no, give reason:……………………………………………………………………………………………………..
What actions did you take to improve your condition, if any? ……………………………………………………
…………………………………………………………………………………………………………………………..
(Please delete as appropriate)
Have you seen a doctor or visited a hospital because of your absence? YES/NO
If the period of absence has lasted for over 7 days; has a medical certificate been provided? YES/NO
I declare that during the period of sickness absence, which I have stated above, I have not worked or taken part in any activities not consistent with the reason(s) for absence, and that the information given by me is correct. I understand that any abuse of the sick pay scheme could result in disciplinary action as per the attendance management policy.
I hereby agree to the Parish Council recording the reasons for my sickness absence as set out, which will be treated confidentially and will not be disclosed to any third party without my specific permission.
Signed:………………………………………… Print:………………………………………. Date:………………..
REASON FOR ABSENCE (manager to please  appropriate reason)
01
Accident at work
07
Heart problems
02
Back problems
08
Musculo-Skeletal problems
03
Cancer
09
Operation & Recovery
04
Chest / Respiratory
10
Other
05
Eye, Ear, Nose, Dental
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Pregnancy related
06
Flu / Cold etc.
12
Stomach Ailments
07
Genito-urinary problems
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Stress
15
Headache / Migraine
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Viral Infection
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PART 3 – Return to Work Record (to be completed by the Parish Administrator & signed at the end of the form by both the manager & employee)
SECTION A
I confirm that Part 2 of this form was signed in my presence and either:
(Please as appropriate)
 I am satisfied that the information above is correct and no further action is required at this time (this should only to be ticked when you are certain the employee has only taken 1 or 2 periods of absence in the rolling 12 months.
OR
: I am concerned about the circumstances in which this absence has occurred for the following reason(s): (please complete section B afterwards)
 The frequency of sickness absences over the last 12 months (3 or 4 periods in rolling 12 months).
 If 3 periods taken – an informal letter will be issued. If 4 periods taken – the employee may be invited to a formal attendance management meeting.
 The pattern of sickness absence (I.e. pattern of absences to continuously avoid triggers, same time off taken each year, absences are usually the same day of the week such as Mondays etc.)
 The absence relates to an ongoing, underlying medical condition and / or disability
 The absence was related to stress, anxiety, depression or other mental health illness
(please state whether perceived to be work related or not. Where absences are stress related; has due consideration been given to the stress management guidance in the ‘management of work related stress’ policy?).
 Other, please specify below (or attach additional sheet)
SECTION B
I have discussed my concerns with the employee & agreed the standard of improvement required. I also consider that the following action should be taken:
 The employee has agreed to take steps to try and prevent future absence and will receive an
informal letter detailing this (if 3 periods of absence reached in rolling 12 months)
 Initiate formal absence review meeting (4 periods of absence reached in rolling 12 months)
 Referral of employee to Occupational Health or counselling service or other support offered
(provide details below)
 Reasonable adjustment to workload/ work practices/work pattern. (please detail)………………………………………………………………………………………..………………..…
…………………………………………………………………….……………………………………….……
………………………………………………………………………………………………………………….
 Other, please specify:
………………………………………………………………………………………………….…………………
…………………………………………………………………….………………………………………………
Signed (Employee): …………………………. Print:…………………………… Date: ……………….. Signed (Manager): …………………………… Print:…………………………… Date: …………………
Any information may be retained on computer or in our records. It will be only be used by the Parish Council for the specific purposes for which it was collected and any other relevant Parish Council purposes. It will not be exchanged or passed onto any third party. Anonymised information may be used for statistical purposes.
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Letter of Concern
Date
PRIVATE AND CONFIDENTIAL
Full Name Job Title
Dear
Informal Letter – Absence Record
I am writing to outline your absence records following your recent period of sickness absence.
Your current absence record in the rolling 12 month period is as follows;
• (dates) – (reason)
• (dates) – (reason)
• (dates) – (reason)
This most recent period of absence means that you have taken 3 occasions of sickness/6 days of short term absence within a rolling 12 month period.
The purpose of this letter is to advise you that if you subsequently reach 4 occasions of sickness absence/ 8 days of short term sickness absence within a rolling 12 month period you may be invited to a formal meeting to discuss your attendance record under the Parish Council’s ‘Managing Sickness Absence’ policy and procedure. The purpose of any such meeting would be to discuss your absences and the outcome would ordinarily include the setting of a formal review period during which you would be expected to improve your attendance at work. The setting of a review period will usually be accompanied by a letter confirming the details of the meeting and warning of the potential consequences of further absences.
Whilst it is your personal responsibility to achieve and maintain satisfactory attendance at work there are a range of support options available to you to help you. Therefore, if you feel that there is any support or assistance that you need to help you to improve your attendance at work please speak to your Parish Administrator.
Yours sincerely
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PART B – To be completed by the Parish Administrator
Invitation to Formal sickness Meeting (Short Term)
Date
PRIVATE AND CONFIDENTIAL
Name Address
Dear
Invitation to Formal Sickness Absence Management Meeting – Stage 1
I am writing to invite you to a Formal Sickness Absence Management meeting to discuss your levels of absence in the past 12 months which is detailed below;
• Date/Reason
• Date/Reason
• Date/Reason
• Date/Reason
As per the Sickness Absence Management Policy and Procedure, your level of absence has reached the trigger of 4 occasions/8 days within a rolling 12 month period and therefore you are required to attend a formal meeting on Date at time in venue. The meeting will be held by the Parish Administrator.
A copy of the Sickness Absence Management Policy and procedure can be found on the Council’s website or is available upon request.
A potential outcome of this meeting is that you could be put under a formal stage 1 absence review for a period of up to 6 months and be issued with a stage 1 warning letter which would remain ‘live’ for 12 months.
As this meeting forms part of the formal procedures, you are entitled to be accompanied by a work colleague or trade union representative. I should be obliged if you could notify me should this be the case. You will be given the opportunity to present any information relating to your reasons for absence along with any medical information that may be relevant.
If you have a genuine reason why you cannot attend on the above date or time then it is important that you contact me as soon as possible so that another date can be arranged.
If you have any questions regarding the content of this letter, please contact me.
Yours sincerely,
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Invitation to Stage 2 or Stage 3 Meeting (Short Term)
Date
PRIVATE AND CONFIDENTIAL
Dear
Invitation to Formal Sickness Absence Management Meeting – Stage 2 / 3
I am writing to invite you to a Formal Sickness Absence Management meeting to discuss your current level of absence during your recent review period which is as follows;
• (Insert dates) – (Reason)
• (Insert dates) – (Reason)
• (Insert dates) – (Reason)
• (Insert dates) – (Reason)
As per the Managing Sickness Absence Policy and Procedure [and subsequent to your previous letter confirming you were under a stage 1 / 2 review until [date]], your level of absence has not shown the required level of improvement and therefore you are required to attend a formal meeting on (date) at (time) in (location). The meeting will be held by the Parish Administrator.
A copy of the Managing Sickness Absence Policy and Procedure can be found on the intranet or is available upon request.
The possible outcomes of the meeting include:
• You may move to stage (insert/delete)[2 / 3] in the attendance management procedure
[If stage 3 – and I feel it only fair to forewarn you that this could mean termination of your employment].
[If stage 2 – and have your absences reviewed over a further period of time].
As this meeting forms part of the formal procedures, you are entitled to be accompanied by a work colleague or trade union representative. I should be obliged if you could notify me should this be the case.
If you have a genuine reason why you cannot attend on the above date or time then it is important that you contact me as soon as possible so that another date can be arranged.
If you have any questions regarding the content of this letter, please contact me.
Yours sincerely,
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Outcome of Formal Meeting/Written Warning
Date
PRIVATE AND CONFIDENTIAL
Full Name Job Title
Dear
Outcome of Sickness Absence Management Meeting – Stage 1 / 2
I am writing to confirm the outcome of the formal Sickness Absence Management meeting that you attended on [date] to discuss your current level of absence in the past 12 months. We discussed the following absences;
• (Insert dates) – (Reason)
• (Insert dates) – (Reason)
• (Insert dates) – (Reason)
• (Insert dates) – (Reason)
In the meeting we discussed this level of absence and you explained that (insert details). [Please insert / remove relevant option below]
• (To be used when formal review period is set – stage 1) As an outcome of this meeting it was decided that you would be placed under a formal stage 1 review for 6 months and therefore during this time, you should try to improve your absence levels. This letter represents a first written warning issued under the absence management procedure. Failure to improve your absence levels during this 6 month review period or any deterioration in your attendance within the period of the written warning could mean that you are invited to attend a stage 2 meeting during or at the expiry of the period, as outlined in the Managing Sickness Absence Policy and procedure (copy available upon request or via the Council’s website).
As this letter is a formal written warning you are entitled to appeal against this decision. Any such appeal should be made in writing to the Parish Administrator and set out the reasons for your appeal. Simply being unhappy about the receipt of a written warning will not itself be considered as sufficient grounds for appeal. Grounds for appeal can include but are not limited to:
o Dispute as to the accuracy of facts considered as part of the decision making.
o Information that may have subsequently come to light but which was not available at the time the decision was made.
o Failure to follow the processes outlined in this policy.
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o Perverse decisions which appear unrelated to the facts.
o Acts of discrimination on grounds of a protected characteristic as defined within the Equalities Act 2010.3
• (To be used when there is satisfactory mitigation for the high level of absence
– i.e. justified work stress (very limited circumstances), disability (established & formally agreed to discount), pregnancy related etc.) Given your explanations, it has been agreed that no formal action will be taken at this time because (insert details). However we will continue to monitor your level of absence therefore it is important that you take measures to actively improve your attendance where possible.
• (To be used when there is an underlying medical condition / disability or stress related illness that would benefit from an occupational health referral before a decision is made) We have agreed that it would be appropriate to refer you to an occupational health specialist before a decision is made. Therefore we will arrange an appointment and notify you of the date and time in due course. Following receipt of the occupational health report, we will issue you with an outcome.
(To be used when putting under a stage 2 review) It was decided that you would be placed under a formal stage 2 review for a period of 6 months as you have failed to show sufficient improvement during your stage 1 / 2 review period. During this time you should try to improve your absence levels. This letter represents a final written warning which will remain in force for a period of 2 years. Failure to improve during the review period or there is any deterioration in your attendance during the period of the written warning could mean that you are invited to a stage 3 meeting
/ termination of your employment as outlined in the Attendance Management Policy (copy available upon request or via the Council’s website). As this letter is a formal written warning you are entitled to appeal against this decision. Any such appeal should be made in writing to the Parish Administrator and set out the reasons for your appeal. Simply being unhappy about the receipt of a written warning will not itself be considered as sufficient grounds for appeal. Grounds for appeal can include but are not limited to:
o Dispute as to the accuracy of facts considered as part of the decision making.
o Information that may have subsequently come to light but which was not available at the time the decision was made.
o Failure to follow the processes outlined in this policy.
o Perverse decisions which appear unrelated to the facts.
o Acts of discrimination on grounds of a protected characteristic as defined within the Equalities Act 2010.4
(Insert where relevant) Your 6 month review period will expire on [date] and you will be informed of your progress during and at the expiry of this date.
If you have any questions regarding the content of this letter, please contact me.
Yours sincerely,
Letter to Employee – End of Review Period – Successful
Date
21
Sickness Absence Management Policy September 2019
PRIVATE AND CONFIDENTIAL (Hand Delivered)
Full Name Job Title
Dear
End of Review Period
At our meeting held on (date) you were placed under a review period in relation to excessive sickness absence from (date) to (date). That period has now expired and I am pleased to say that your absence rates have improved considerably and you will no longer be under a review for your sickness absence rates.
I would remind you however that your first/final written warning remains live until (date) and any deterioration in your attendance during that period will ordinarily result in progressing to the next stage of the Managing Sickness Absence Policy and Procedure.
I would like to thank you for the efforts you have made towards improving your attendance. If there is any further assistance or support that you require to assist you in maintaining an acceptable level of attendance please feel free to contact myself to discuss.
Yours etc
22
Sickness Absence Management Policy September 2019
Dismissal Letter
Date
PRIVATE AND CONFIDENTIAL
Full Name Job Title
Dear
Stage 3 Sickness Meeting
I write further to our stage 3 sickness meeting held on XXX under the terms of the Managing Sickness Absence Policy and Procedure. During that meeting we discussed your attendance and in particular the formal meetings held on XXX and XXX. You were placed in review periods from XXX to XXX in relation to the following periods of absence:
• Date/Reason
• Date/Reason etc
In addition you were issued with written warnings dated XXX and XXX. During the stage 3 sickness meeting we discussed
Insert further detail if required on
• how the absence is impacting the department and / or Parish Council
• The cost associated with the sickness absence; i.e. sick pay, occupational health referrals, temporary replacement workers etc.
• Whether we accept that they are covered by the Equality Act 2010 and how this has been taken into account
• Details of any reasonable adjustments that have been put in place and / or any suggestions of reasonable adjustments that have not been put in place and justification of why not, i.e. practicality, financial reasons etc.
• Any information suggesting a lack of action by the employee to get themselves better
I.e. missed appointments etc.
• Acknowledgement of things the employee has done to try and improve their attendance levels as well as their submissions and opinions on the absence
23
Sickness Absence Management Policy September 2019
• Any alternative duties or redeployment considered
• Any previous stages not completed satisfactorily either currently or historically
• Any lack of guarantee that future treatment would be successful to enable an immediate or near future return to work
As you have failed to achieve a level of attendance that is satisfactory you are now dismissed from your employment as XXX on grounds of excessive sickness absence/medical incapacity. You will serve notice of XXX and your final date of employment with the Parish Council will be XXX
You have the right to appeal against this dismissal. Any such appeal should be made in writing to the Parish Administrator within 10 days of receipt of this letter. The appeal should clearly set out the grounds for your appeal against the decision to dismiss you from your post.
Yours