Sickness Absence Management Policy
13. Formal Procedure
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13. Formal Procedure
Overview
- 13.1.
The same process of meeting, warning and right of appeal will be followed at each stage of the absence management process.
13.2.At each stage the employee will be given advance notice in writing of the meeting, a minimum of 2 working days, setting out the nature of the unsatisfactory attendance, the actions taken to date and the potential outcomes of the meeting.
13.3.The letter will inform the employee of their right to be accompanied by a work colleague or Trade Union Representative at the meeting. A member of the HR team will attend to advise on procedure.
13.4.Managers will always approach such meetings supportively, with the aim of understanding and addressing any underlying problems which are contributing to high absence levels.
13.5.All meetings at every stage will be an open dialogue with the purpose of:
clearly explaining the shortfall in attendance
establishing the cause of the issue
give employees the opportunity to ask questions for clarification and to respond to issues raised
identify any appropriate support that is required and/or can be provided to assist in resolving the issue
understand what employees are doing to support their attendance at work
agree a reasonable timescale for the attendance to improve
agree how attendance will be monitored
set out a date for the interim review and/or review meeting
13.6.The line manager will confirm the outcome of the meeting in writing (normally within 5 working days). Notes of the meeting will also be made available to all parties.
13.7.Warnings at each stage of this procedure generally remain live for 12 months, although the Council reserve the right to extend the length of time that a warning remains live in appropriate circumstances. All correspondence will be kept on file and will be taken into account should there be any further attendance issues.
13.8.Managers will always take the time to understand the background to any absence and what this means to the employee and consider this as part of the process.
13.9.Reasonable adjustments will be made to the process to take account of individual circumstances and any disabilities. For example, absences relating to pregnancy will be discounted and absences relating to a disability will generally be subject to a higher trigger level, supported by medical evidence.
13.10.We will make every effort to ensure that any meeting we hold is scheduled for a time and place that is reasonable and within your normal working hours. You are therefore required to attend the meeting if it is possible for you to do so.
13.11.If you are unable to attend a meeting/hearing within what we consider a reasonable period of time, then we will look at alternative ways of conducting the meeting/hearing. This may involve conducting it virtually. We reserve the right to proceed with a meeting in your absence when it has not been possible to arrange a meeting that you are able to attend. In that case, we will make every effort to ensure that you are able to make representations in writing or asking a representative or colleague to attend on your behalf.
13.12.If your companion/trade union representative is not available to attend the meeting/hearing, we will agree to postpone once and seek to agree a mutually convenient time. However, any such postponement must be short, and we reserve the right to proceed with the original meeting if no new date can be found that is within ten working days of the scheduled date.
13.13.Stage 1
Stage 1 will be initiated where the Bradford score reaches 51; where long-term absence is triggered; or where there are unacceptable patterns of absence (for example, sickness linked to weekends or annual leave.)
It may not always be necessary to conduct a stage 1 meeting with an employee who is absent due to long term sickness as it may be more appropriate to initiate stage 3. This may be appropriate, for example, where there is no likely prospect of a return to work.
Potential outcomes at Stage 1 are as follows:
a first written warning that attendance levels need to improve, including a target for improvement. The improvement that is required will be explained along with any agreed support
a review period and further meeting date will be set
details of areas where support is needed and the means of obtaining that support
any agreed adjustments to the working environment
referral to Occupational Health as appropriate
identify any actions for you to take to improve your attendance at work
clear targets and timescales for demonstrable improvement
right of appeal
date and time of review meeting
If the required improvements are not achieved during and/or at the end of the review period, or after the review period, the matter will proceed to stage 2, or stage 1 may be reinstated. Should the Bradford Score increase after the close of the stage 1 review period and within 6 months, then the matter may be progressed, to stage 2.
Where the targets and required improvements have been achieved, the review meeting will take place in order to:
discuss progress made and agree any ongoing requirements
decide if any further supportive action is appropriate, such as a follow-up Occupational Health referral
13.14.Stage 2
Stage 2 will be instigated where there is no improvement of attendance levels as described above or where the Bradford score increased within 6 months of the ending of stage 1.
Potential outcomes at stage 2 are as follows:
a final written warning that attendance levels need to improve, including a target for improvement - the improvement required will be explained along with any agreed support
a review period and further meeting date will be set
details of areas where support is needed and the means of obtaining that support
any agreed adjustments to the working environment
referral to Occupational Health as appropriate
identify any actions for you to take to improve your attendance at work
clear targets and timescales for demonstrable improvement
right of appeal
date and time of review meeting
If the required improvements are not achieved during or at the end of the review period, or after the review period, the matter will proceed to stage 3, which could result in dismissal, or that stage 2 may be reinstated. Should the Bradford Score increase after the close of the stage 2 review period within 6 months, then the matter may be progressed, to stage 3, which could result in dismissal on grounds of ill-health capability.
Where the targets and required improvements have been achieved, the review meeting will take place in order to:
discuss progress made and agree ongoing requirements
decide if any further supportive action is appropriate
13.15.Stage 3
Stage 3 will be instigated where there is no improvement of attendance levels as described above or where the Bradford score increased within 6 months of the ending of stage 2 or where there is no likely prospect of the employee returning to work within a reasonable timescale, such as long-term sick.
A stage 3 hearing will be arranged with a Senior Manager and an HR representative.
Employees will be given a minimum of 5 working days advance notice in writing of the hearing. Full details of the management case will be sent to all parties, setting out the details and the actions taken to date. The letter will also set out the potential outcomes and inform the employee of their right to be accompanied by a work colleague or Trade Union representative at the meeting.
At the meeting the manager who has been responsible for stages 1 and 2, or managing the long-term absence, will present the management case to the senior manager and the employee will be given the opportunity to respond. Up to date medical advice from Occupational Health must be provided with the management case.
Having considered all the details the senior manager will determine what action is appropriate.
Available options include:
the extension of monitoring and final written warning under Stage 3, with an agreed review meeting date
details of areas where further support is needed and the means of obtaining that support
any agreed adjustments to the working environment
adjournment and further referral to Occupational Health as appropriate
identify any actions for you to take to continue to improve your attendance at work
redeployment to a more suitable post, if necessary, on a trial basis
clear targets and timescales for demonstrable improvement
date and time of review if applicable, such as if a final written warning is extended/reissued
dismissal (with notice)
right of appeal
The outcome of the meeting will be confirmed in writing, normally within 5 working days. In the case of a dismissal the letter will include the right of appeal.
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