Sickness Absence Procedures. Effective from January 2015

Transcription

1 Sickness Absence Procedures Effective from January 2015

2 Contents Preliminary 1 Introduction Scope and definitions Principles Monitoring of sickness absence and sickness records Return to work discussions Making reasonable adjustments Doctor, dentist and hospital appointments and health and safety Sickness during holiday Notification of sickness absence Sickness allowance Dealing with short term / repeated absence Long term sickness Continuing absence The University Counselling Service Medical investigation - referral to the University's Occupational Health Adviser Appeal against action short of dismissal Ill health retirement / dismissal Constitution of Employee Appeals panel Subsidiaries Monitoring and Reporting...15 Appendices: Appendix 1 Return to work discussion form...16 Appendix 2 Self certification form...17 If required this formal document is available in an alternative format such as Braille, tape, disc, or a larger font size. Please contact the Human Resources Directorate. Sickness absence management procedures (Effective from Janaury 2015) page 2 of 18

3 Preamble All University formal documents relate to the policies, strategies, procedures and regulations of the University having been approved by the appropriate formally recognised and constituted body. All University employees and students are required to adhere to the formal processes and regulations of the University. This document should not be read in isolation as other University processes/formal documents could be relevant. A full listing of all formal documents is available on the University s website. Any interpretation of the content of this formal document will be at the discretion of the Human Resources Directorate. All previous versions of this document as approved by Senior Management Team before October 2013 shall be rescinded. The names of committees and titles of roles may change from time to time. This shall not invalidate the powers of the equivalent successor committees or role holders. We will consider any requests for accessible formats e.g. Braille, tape, disc, or a larger font size. Please let us know what you need by contacting the Academic Quality Directorate. Sickness absence management procedures (Effective from Janaury 2015) page 3 of 18

4 Sickness absence procedures 1 Introduction 1.1 The University considers the wellbeing of its employees to be of the highest importance and it is in the interests of both employees and the University to prevent sickness absence wherever possible. The University promotes health at work through supporting preventative health measures, reducing risks to health caused by work, including stress, and by offering support to those who are absent from work for ill health reasons. 1.2 It is recognised by the University that from time to time employees may be absent from their place of work due to sickness. The length of time lost by employees through sickness must however be monitored to ensure that each employee is able to do their job, effectively and without putting themselves or others at risk. Whilst the University support employees who are sick wherever possible, it must be recognised that an employee who is medically unfit to carry out his/her contractual duties may not be able to continue in that employment. Absence of employees due to sickness also has a direct impact upon the University. This impact includes replacement costs, disruption to work and increased workload for colleagues, which, in turn can lead to increased tensions, anxieties, stress and low morale. 1.3 The University has, therefore, resolved to introduce standard procedures for managing and recording sickness absence. 1.4 It is the responsibility of the HR Services Director to monitor and review the procedures to ensure they are fully effective and consistently applied across the University. 2 Scope and definitions 2.1 The procedures apply to all employees. For employees of subsidiary companies, the procedures will be adapted as necessary (see section 19). For trade union representatives no action will be taken against a trade union representative until the circumstances of the case have been discussed with the appropriate full-time official of the relevant union to avoid such action being misconstrued. 2.2 In relation to cases of unauthorised absence the Employee Disciplinary Procedures should be used. 2.3 In cases of lack of capability at work, other than through ill health, the Employee Capability Procedures should be used. 2.4 Time off to deal with the unexpected illness of dependants or bereavement is not addressed in this policy. Time off for dependants or special leave may be granted on compassionate grounds. Please refer to the Special Leave Policy. 2.5 Entitlement to sick leave, sick pay and related provisions is covered in the relevant Terms and Conditions of Employment relating to particular groups of employees. Days means working days, which for the purposes of these procedures are Monday to Friday other than bank holidays or days when the University is closed to all employees and students. However when sickness absence is being notified under section 1 of the procedures (page 7), day also means Saturday and Sunday. The employee means the person whose case is being considered. The employee s representative or representative means the person accompanying the employee or representing them who will normally be a trade union representative or work colleague. Sickness absence management procedures (Effective from Janaury 2015) page 4 of 18

5 The line manager means the immediate manager of the employee. In these procedures sometimes it may be appropriate for an alternative manager to act in their place. Member of the Senior Management Team means any Senior Employee so designated by Council and appointed to the Senior Management Team. Personal file means the individual, confidential employment record maintained for each employee and held by the Human Resources Directorate. This can be both electronic and paper files. The senior manager or relevant senior manager means the Pro Vice Chancellor, Dean, Director or Head who has overall responsibility for the faculty/school/directorate in which the employee works. Human Resources adviser or HR Adviser or HRA means any senior member of the Human Resources Directorate. Senior Employees means the holder of senior posts, under the Articles of Government, as designated from time to time by Council. 3 Principles 3.1 Cases of genuine sickness will be treated sympathetically. 3.2 Every effort will be made to ensure that an absent employees workload is covered during their period of absence and that they are eased back into work following their return to work. 3.3 All cases of short-term, repeated, frequent and long-term sickness absence will be dealt with in accordance with these Sickness Absence Procedures. 3.4 The employee has the right to be accompanied at any meetings under the formal procedure by either their trade union representative or a work colleague. 3.5 At all stages of the procedure an employee may also be accompanied by an appropriate person to provide support in the case of disability or language issues. 3.6 An employee has the right of appeal against any formal warnings given under these procedures or against dismissal. 3.7 If an employee fails to attend a formal meeting under these procedures without good reason, a decision may be taken in their absence. 3.8 The University will provide training to managers and supervisors in the appropriate handling of capability issues under these procedures. This can be in the most appropriate form e.g. briefings, e-learning and formal classroom based and where appropriate records will be kept in HR. 3.9 Information and records relating to sickness absence are sensitive personal data and under the Data Protection Act 1998, special conditions apply to their processing. All information, records, discussions and correspondence relating to sickness absence must be treated in the strictest confidence and must not be disclosed to unauthorised third parties The procedures will operate within the context of the University s equality and diversity policies and schemes. Sickness absence management procedures (Effective from Janaury 2015) page 5 of 18

6 4 Monitoring of sickness absence and sickness records 4.1 The University monitors sickness absence using both the Bradford Factor and the total number of days absence in a rolling 12 month period. The Bradford Factor measures an employee s irregularity of attendance by combining measures of absence frequency and duration. These measures indicate whether the individual s sickness absence record comprises of a few, or many, spells of short or long duration. The Bradford Factor can be used to monitor trends in sickness absence, to provide trigger points and for comparison with absence rates. The trigger point for an informal meeting with an employee at the University is a Bradford Factor score index of 300 or above, over a period of 12 months (rolling). Calculating the Bradford score enables the line manager to determine the impact the number of episodes of sickness is having on a particular individual s absence. The Bradford Factor is calculated as follows: where: B is the Bradford Factor score S is the total number of spells (instances) of absence of an individual over a set period D is the total number of days of absence of that individual over the same set period The set period is typically set as a rolling 12 month period. For example: 1 instance of absence with a durations of ten days (1 x 1 x 10) = 10 points 3 instances of absence; one of two days and two of four days (3 x 3 x 10) = 90 points 10 instances of absence; each of one day (10 x 10 x 10) = 1000 points All sickness should be notified, properly certificated, whether that be self certificated or medically certificated and recorded following the Notification of Sickness Absences procedure in section 9 of the policy. 4.2 Personal information and individual employee records relating to sickness absence and fitness for employment will be held centrally by the Human Resources Directorate in a secure manner and should not be retained by faculties and departments. See also 3.9 above. 5 Return to work discussions 5.1 The return to work discussion is considered crucial to successfully managing absence and is likely to be the most effective single technique for identifying contributory factors to sickness and reducing absence. It also allows the employee to discuss any concerns they have about returning to work and identifies areas where support can be offered if necessary. The return to work discussion should be conducted on an informal basis in private and best practice suggests that this should be after every period of absence. However, if it is not practical to do so, then as a minimum after 2 to 3 periods of short term absence. When an employee returns to work after a period of sickness absence, the senior manager or nominee will be responsible for ensuring that a return to work discussion takes place either with themselves, the line manager or another appropriate member of staff on the employees first day back, or as soon as possible thereafter but by no later than one week after the employee s return. The discussion should be handled with sensitivity and discretion. The purpose of the return to work discussion is: a) to give the employee an opportunity to express any concerns they may have about returning to work and identify any areas where support might be needed; Sickness absence management procedures (Effective from Janaury 2015) page 6 of 18

7 b) where in the judgement of the line manager it seems appropriate, to raise the option of the employee seeing either the University s Occupational Health Adviser (OHA) or a counsellor, and c) to update the employee on any developments during their absence and agree work priorities. In all cases, a Return to work discussion form (see Appendix 1) must be completed and signed by both parties. A copy should be retained by the employee and the original forwarded to the Human Resources Directorate to be filed on the employee s personal file. 6 Making reasonable adjustments 6.1 Where medical advice, obtained from either the University s Occupational Health Adviser (OHA) or the employees General Practitioner (GP), states that an employee is unable to continue with his or her full duties due to a disability (as defined by the Equality Act 2010) or for health reasons or in order to rehabilitate the employee into the workplace after a period of ill-health, the University will as far as possible make reasonable adjustments to his or her current position and / or the working environment, to enable them to continue working. Reasonable adjustments may include, for example, reallocating certain duties, retraining, redeployment, extra supervision, or provision of special equipment. The University will seek specialist advice as appropriate. 6.2 To establish what a reasonable adjustment is, factors such as financial implications, how easy it is to make the change, and available resources will be considered. 6.3 The University believes that phased returns can be an effective way to encourage and support a return to work, to the mutual benefit of the employee and the University. Used appropriately, in conjunction with Occupational Health advice or the Statement of Fitness for Work (fit note), they provide for a managed return to work initially on a reduced basis with a planned increase in hours and/or duties over a defined period (no longer than 4 weeks). If the phased return continues beyond 4 weeks then the employee can either take holiday (if available) to maintain their full time salary or otherwise be paid for the hours that they work and the remaining hours to be counted as sick absence. 7 Doctor, dentist, and hospital appointments and health and safety 7.1 The University encourages employees to take responsibility for their own health and will provide time off for employees to attend appointments for routine screening or for preventative measures. 7.2 Employees will be given reasonable time off to attend doctor, dentist and hospital appointments but these should be notified to the line manager in advance, except in the case of an emergency. These appointments should take place either outside working hours or at the beginning or end of the working day unless under exceptional circumstances. The University reserves the right to request to see appointment cards and/or letters prior to agreeing to an employee taking time off relating to the attendance of such appointments. Failure to comply with this request may result in disciplinary action or the removal of contractual sickness allowance. Also see University policies and procedures related to maternity. 7.3 The University provides workplace risk assessments, eye tests for VDU users, and training to prevent back problems for those who carry out manual handling tasks. Further details are available from the Health and Safety Manager. Sickness absence management procedures (Effective from Janaury 2015) page 7 of 18

8 8 Sickness during annual leave 8.1 If an employee is ill whilst on a period of booked holiday then this will be regarded as sick leave and the annual leave credited back, provided that the employee follows the correct reporting procedures detailed in section 9 below including notification of the sickness absence on the first day of illness and also completes the required paperwork in line with the procedures. If an individual asks for annual leave to be credited back on 2 occasions in a 12 month period the University reserves the right to request a fit note for any further requests. In these cases the fit note would be required for any periods of sickness (even those for less than 7 days). All sickness absence records and information are deemed to be sensitive personal data and subject to the provisions of the Data Protection Act They must be treated in strict confidence and not disclosed to unauthorised third parties. Sickness absence records and information will be held centrally by the Human Resources Directorate in a secure manner. 9. Notification of sickness absence 9.1 All absences due to illness or injury must be notified as follows: First day of absence Eighth day of absence Notify Faculty / Dept/Directorate/ line manager. Upon resumption of work provide a completed self certification form to your line manager. Obtain a Fit Note and forward to your line manager/faculty office 9.2 An employee who is unable to attend work due to illness or injury must telephone, in person or via a friend or relative, their line manager and /or other agreed contact for their faculty/school/directorate as early as possible on the first day of absence, preferably 1 hour before the time they would be due to start work. is only acceptable if it is an agreed procedure within the Department. Text messages are not suitable methods of communication, unless in an emergency or exceptional circumstances and should be followed up by a phone call to ensure the message has been received. The employee should give the general nature of the illness and an estimate of how long they think they will be absent. 9.3 Employees should update the line manager or designated person in the faculty/school/directorate by telephone on their progress on a daily basis if the absence continues for more than one day until a fit note is provided or the advice of a doctor is obtained. 9.4 If the absence is for 7 days or less, on the first day of the employees return to work, a selfcertification form must be completed. (see Appendix 2). 9.5 On the eighth calendar day of absence (including weekends), a fit note must be obtained from the employees GP and a copy sent to the line manager/faculty/human Resources Directorate.. Failure to do so may result in the removal of contractual sickness allowance (see section 10 below). Original fit notes should be retained by the employee. If an original fit note is received into HR it will be copied and returned to the employee. 9.6 If, on a fit note, the employees doctor recommends any adjustments to the employees duties hours or workings conditions to facilitate the employees return to work, the employee is Sickness absence management procedures (Effective from Janaury 2015) page 8 of 18

9 required to co-operate with the employer with regard to the possible implementation of such changes. 9.7 If after the expiry of a fit note the employee is not well enough to return to work they must ring their line manager on the day they were due to return (or earlier if able) to inform them that they will not be returning to the workplace and update them on their on-going absence, including the expected date of return. Any subsequent fit notes should be sent in as is per 9.5 above. 9.8 Each faculty/school/directorate must make a weekly return of sickness absence to the Human Resources Directorate using the on-line system, and a nil return made where no absences have occurred. Fit notes and any other correspondence received in the faculty/school/directorate should be forwarded to the Human Resources Directorate as soon as possible. The line manager is responsible for ensuring Human Resources are notified of all absences on sick leave, even during periods of booked holiday. Once a fit note has been received by the Human Resources Directorate they will become responsible for the recording of the absence until the employee returns to work. 9.9 Where an employee leaves work part way through the working day due to illness, the absence will be recorded as a half day absence. 10 Sickness allowance 10.1 The University operates a contractual sickness allowance scheme for all established and temporary employees (except atypical employees), which is dependent on length of service. Please refer to the relevant Terms and Conditions of Employment Failure to follow the correct sickness notification procedures as detailed above may result in disciplinary action and /or the removal of contractual sickness allowance. 11 Dealing with short term / repeated sickness absence 11.1 Sickness absence across the University is monitored and reviewed in conjunction with the Human Resources Directorate who produce monthly reports on levels of sickness absence. Where levels of sickness absence give cause for concern for example where an employees Bradford Factor score index is 300 or above, further investigation will take place. All cases will be treated sympathetically. In many cases informal counselling by the line manager or, where appropriate, an HR Advisor may be sufficient to ensure a return to a normal working pattern Cases which meet one or more of the following criteria should be referred by the line manager to the appropriate HR Business Partner for further advice: a series of absences due to one illness; frequent absences due to minor unrelated illnesses (such as one or more days off every week or every few weeks); where the absence gives cause for concern in terms of either reason, pattern or amount; where the sickness monitoring procedures have not been followed, for example selfcertification / fit note have not been provided. where the Bradford factor is 300 or above Initially the line manager will have an informal meeting with the employee to discuss the employees absences and establish if there are any underlying medical issues that need to be investigated further. If after this meeting, the agreed improvement is not seen, the employee will be invited to attend a formal meeting as detailed in 11.4 below Where deemed appropriate, and with at least 5 days written notice, a meeting with the line manager and HRA will be arranged for the employee in order to discuss the levels of absence and consider an appropriate course of action. Depending on the circumstances, a number of possible actions are available. These include: Sickness absence management procedures (Effective from Janaury 2015) page 9 of 18

10 keeping the case under review; agreement to compassionate leave; consideration under the University s Flexible Working Policy; the requirement to obtain a fit note for all periods of sickness; referral of the employee to University s OHA or GP s report (see section 15 below); instigating formal action under either the Employee Disciplinary Procedures or Employee Capability Procedures At any meeting instigated under 11.4 above, the employee may be accompanied by a representative. The line manager will arrange for notes to be made of the meeting In the case of an employee who is not absent from work but who has difficulty in carrying out work tasks, the Employee Capability Procedures should initially be instigated. If, on investigation, it is found that the employee is suffering from ill health, then the case may be dealt with under these current procedures. 12 Long term sickness 12.1 Long term sickness absence can be defined either as sickness absence of more than 28 days duration which is usually due to a single health issue or as a combination or series of health issues. The case should be referred to the Human Resources Directorate and an HRA will be assigned to the case. If further action is thought necessary, the employee will be referred to the University s OHA, following the procedure outlined in section 15 below, although the timing of any referral will depend on the circumstances of the case. 13 Continuing absence 13.1 Employees who remain on sick leave for long periods may begin to feel isolated and out of touch with the workplace. In such cases, it may be helpful to keep in regular contact as far as possible with employees but in a supportive way. This usually takes the form of an occasional telephone call to see how the employee is progressing unless the employee themselves suggests a home visit. Usually the immediate line manager or a close work colleague may be best placed to do this. However, this must be undertaken with sensitivity and discretion and without placing the employee under any pressure. In particular, this would not normally include involving them in any work matters. Line managers should, as far as possible, ensure that absent employees workloads are covered and not simply left until their return. For any further advice on contact during periods of continued absence please speak to the appropriate HR Business Partner 14 The University Counselling Service 14.1 An internal free Counselling Service is available for all employees. For further information or to book an appointment please contact the Counselling Service on ext The University also provide a confidential Employee Assistance Helpline which is available 24/7 on The Helpline is available to both employees and their families. 15 Medical investigation - referral to the University s Occupational Health Adviser (OHA) or General Practitioners (GP) report The University reserves the right to refer employees with an apparent health problem to its OHA or the employees GP for further advice and support, taking into account the requirements of the Access to Medical Reports Act 1988 and Data Protection Act Purpose of referral 15.2 Where such further action is thought necessary, the Human Resources Directorate will refer the employee to the University s OHA. In some instances this might involve a report being requested from the employees GP. Referral to the University s OHA is intended to provide the following information: Sickness absence management procedures (Effective from Janaury 2015) page 10 of 18

11 a prognosis of the employees illness in terms of when they are likely to be fit to return to work and whether any support / adjustments will be needed identification of any medication the employee is taking that may cause side effects that need to be taken into consideration as an employer to ascertain if there is an underlying medical condition in cases of high intermittent sickness absence an indication of whether a return to work is unlikely and possible redeployment opportunities and further support required to be sought where appropriate 15.3 Once the OHAs or GPs report has been received, the senior manager or nominee, with the line manager and the HRA, will consider any further action to be taken. There will be a number of options available depending on the circumstances of the case. These may include: the employee remaining on sick leave with an agreed date for a further medical review; returning to work in the same job, with or without reasonable adjustments (for instance, a reduction in hours); suitable alternative employment, if available, either in the department or elsewhere in the University; retirement on medical grounds; dismissal from the University s service Referral to the OHA can be instituted at any time. It is not necessary for the University to wait until the sickness allowance has expired before taking formal action. Each case will be assessed on its own circumstances in terms of the nature of the illness, the likelihood of returning to work and the disruption caused to the University s service by the absence. Procedure for referral 15.5 In all cases, the senior manager or nominee will arrange an initial meeting with the employee, the line manager and the HRA in order to discuss the employee s state of health. If the employee is unable to attend the place of work then a visit to their home or other location can be arranged, unless they are too ill for a meeting. In this event, it may be appropriate to discuss the case with the next of kin, with the employee s consent. 5 days written notice will be given of this meeting and the senior manager will arrange for notes to be taken At this and any subsequent meeting, the employee has the right to be accompanied by a representative At the meeting the employee will be asked for their consent for the OHA to obtain a report from their GP if required. A form will be provided for this purpose in accordance with the Access to Medical Reports Act Without prejudice to the findings of the medical report, the employee will be advised of all the possible outcomes in The Human Resources Directorate will then refer the case to the University s OHA In the event that the employee refuses to consent to a report being obtained or to undergo a medical examination, the University will reserve the right to take a decision on the employees future based on available evidence and after advice from the University s OHA. The senior manager, advised by the HRA, will take this decision Following a referral to the University s OHA, an assessment will take place and a confidential report will be sent to the individual and copied to the Human Resources Directorate. The senior manager will arrange a further meeting with the employee as soon as possible to discuss the report and any proposed action to be taken as a result. In the case of a possible dismissal, this meeting will be chaired by the Vice Chancellor or nominee. The employee will be given at least 5 days notice of the meeting. The employee will also be told of their right of appeal In the event of a difference of medical opinion as to the employees fitness for work, the matter shall, at the request of the University or employee, be submitted to an independent medical Sickness absence management procedures (Effective from Janaury 2015) page 11 of 18

12 referee chosen jointly by the University and the employee. Where the referee pronounces the employee fit, the sickness allowance will cease with effect from the date on which the referee determines that the employee should return to work A confidential record of the medical investigation will be retained by the Human Resources Directorate. This will consist in a note of actions to be taken, which will be confirmed with the employee in writing at every stage in the proceedings, together with notes of any meetings held, which will be sent to the employee after the meeting Where the employees sickness allowance is about to expire, the HR Services Director has discretion to extend the sickness allowance at half pay pending the outcome of a medical investigation Where medical advice, obtained from either the University s OHA or the employee s doctor, states that the employee is unable to continue with his or her full duties due to either a disability (as defined by the Equality Act 2010) or ill health or in order to rehabilitate the employee into the workplace after a period of ill-health, the University will as far as possible make reasonable adjustments to his or her current position and / or the working environment, to enable them to continue working. Reasonable adjustments may include, for example, reallocating certain duties, retraining, redeployment, extra supervision, or provision of special equipment. The University will seek specialist advice as appropriate To establish what a reasonable adjustment is, factors such as financial implications, how easy it is to make the change, and available resources will be considered. 16 Appeal against action short of dismissal 16.1 The employee has the right to appeal against actions proposed under 15.3 above, which are short of dismissal An appeal against action short of dismissal should be made in writing to the HR Services Director within 5 days of receipt of the letter conveying the outcome of the meeting, stating clearly the grounds for appeal (see 16.3 below) and it should be signed by the employee The valid grounds for appeal are: material procedural irregularity disregard of material evidence demonstrable prejudice or bias on the part of any person forming the judgement perversity of judgement in the face of the evidence presented the proposed action is not proportionate to the employee s state of health the proposed action exceeds the authority of the person/s forming the judgement other similar grounds specified by the employee. The employee must submit appropriate evidence and the names of any witnesses in support of their appeal A panel comprising the Vice Chancellor or nominee and another member of the Senior Management Team who has not had any prior involvement in the case will be convened by the HR Services Director or nominee within 10 working days of receiving the appeal. The Vice Chancellor, or nominee, will appoint a note taker to the panel. The employee has the right to appear before the panel in person, accompanied by their representative, to state their case. The decision reached will be final and shall be conveyed in writing to the parties concerned within 5 working days. This must be kept confidential and securely retained in compliance with the Data Protection Act Ill health retirement / dismissal Ill health retirement Sickness absence management procedures (Effective from Janaury 2015) page 12 of 18

13 17.1 Where, in consultation with the employee, the University s OHA recommends retirement on medical grounds, then different procedures apply for academic and professional service employees according to the regulations of the relevant pension body in force at the time: a) Academic Employees should apply to Teachers Pensions for the award of ill health benefits using the relevant application form available from the Human Resources Directorate. All appropriate alternatives to assist the member of staff in returning to work should be explored prior to the submission of the application and the member of staff will work with the University s Medical Adviser to complete the application. The final decision on ill health retirement rests with Teachers Pensions. b) For Professional Service Employees, ill health benefits from the Local Government Pension Scheme require an Independent Medical Advisor to assess the employee and complete the relevant form. The Human Resources Directorate will submit the form to the Pensions Section at Bucks County Council. Further details are available from the Pensions Section, BCC or the Human Resources Directorate For all employees, once retirement on the grounds of ill health has been approved by the relevant pension body, a final date of employment will be agreed with both the employee and the Human Resources Directorate. The employee will be put under notice as provided by their contract of employment and returned to full pay for the period of notice which can be worked; if deemed appropriate, medically certified or paid as a lump sum in lieu of notice. If the employee is not fit to work, then sick pay will continue during the notice period. Dismissal 17.3 If all the procedures above have been followed and retirement on grounds of ill health is not acceptable to the employee or is not approved by the pension scheme, the University reserves the right to dismiss an employee. Dismissal will take place, with notice, and will be stated to be for reasons of ill health. The University will use its best endeavours to ensure that all appropriate pension benefits are obtained. Appeal against dismissal 17.4 Employees have the right to appeal against dismissal to an Employee Appeals Panel which includes members of the University Council, this should be made in writing to the University Clerk to the Council within 5 days of receipt of the letter conveying the outcome of the hearing, stating clearly the reasons for the appeal (see 17.5 below) and it should be signed by the employee The valid grounds of appeal are: material procedural irregularity; disregard of material evidence; perversity of judgement in the face of the evidence presented; demonstrable bias or prejudice on the part of any person forming the judgement; the action exceeds the authority of the person/s forming the judgement; other similar grounds specified by the employee. 18 Constitution of the Employee Appeals Panel 18.1 An Employee Appeals Panel is made up of 2 independent or Co-opted Council members, both of whom will have senior management experience and a member of the Senior Management Team of the University who has had no previous involvement in the case The employee and student Council members may not be members of the panel. The Chair of the Panel is appointed by the Chair of Council or the Deputy Chair. The Secretary to the panel is the University Clerk to the Council. A note taker is appointed by the Clerk to the Council or the HR Directorate. Sickness absence management procedures (Effective from Janaury 2015) page 13 of 18

14 18.3 For the constitution of the panel where the employee at the dismissal is a member of the Senior Management Team please refer to the Governance Handbook Boards and Committees regarding the constitution of the Senior Employee Special Committee. Calling a meeting of an Employee Appeals Panel 18.4 The University Clerk to the Council arranges for the panel to meet as soon as possible, normally within 20 days of receiving the statement of appeal The University Clerk to the Council invites the Vice Chancellor to nominate a management representative to represent the University s case for dismissing the employee, who would normally be the Chair of the panel making the decision detailed in section The employee s statement of appeal is sent to the management representative The employee has the right to be accompanied at the meeting by their trade union representative or a work colleague. This cannot be either a member of the legal profession or a family member At least 7 days before the panel is due to meet, the University Clerk to the Council notifies all parties of the time, date and venue of the appeal hearing. If the employee or their representative cannot attend on that occasion then a further opportunity is provided for the panel meeting. If, without good reason, the employee is unable to attend a second time, the appeal may take place in the absence of the employee The University Clerk to the Council invites the University management representative to respond in writing to the employee s initial statement of appeal, to collate written evidence and call witnesses to support the case for dismissing the employee The University Clerk to the Council invites the employee to add to their statement of appeal, to collate written evidence and to call witnesses to support their appeal against dismissal The University Clerk to the Council sends the statement of appeal and all the information in 18.9 above to the members of the Panel, the employee and the University s representative at least 5 days before the meeting of the Panel. Proceedings of the Employee Appeals Panel The proceedings of the panel are not invalidated by the absence of the employee, their representative, the University management representative or any witnesses if they have been given a reasonable opportunity to be present No other person attends the meeting of the panel than those mentioned above The Chair of the Panel conducts the proceedings in an efficient way, while safeguarding the fairness of proceedings. Subject to allowing a full airing of views, he or she may guide the participants in minimising repetitious, irrelevant or frivolous evidence The Chair determines the order of proceedings which will normally be as follows: a) the employee states their case; b) the employee calls witnesses in turn 1 whom any panel member or the University management representative may question; c) the University management representative states the University s case; 1 Witnesses will be asked to withdraw having given their evidence Sickness absence management procedures (Effective from Janaury 2015) page 14 of 18

15 d) the University management representative calls witnesses in turn 2 whom any panel member or the employee may question; e) the employee, their representative and University management representative ask questions of each other and make responses; f) the University Clerk to the Council asks questions where further clarification is needed; g) the Chair sums up the evidence and asks the parties to make a final statement; h) the University management representative sums up and makes a final statement; 19 Subsidiary companies 19.1 Where these procedures apply to a person employed directly by a wholly owned subsidiary company of the University and no specific company procedures have been set down in writing, the Chair of the Board of Directors of the subsidiary company, advised by the HR Services Director or People Engagement Director and the University Secretary, will determine a procedure similar to the procedures above for dealing with the case and with the equivalent rights and obligations for the employee. The HR Services Director or People Engagement Director and the University Secretary will ensure that the procedure is set down in writing and that the employee is given reasonable notice of the procedure. 20 Monitoring and reporting 20.1 The application of the procedures will be monitored regularly by the Human Resources Directorate, including details of ethnic origin, gender, disability and age, to ensure consistency of approach and compliance with relevant legislation All dismissals will be reported to the University Council through its Resources Committee as a reserved item. 2 Witnesses will be asked to withdraw having given their evidence Sickness absence management procedures (Effective from Janaury 2015) page 15 of 18

16 Appendix 1 Confidential - Return to work discussion form Name: Faculty/School/Directorate: Dean / Director/HoS/Line manager: Date of Interview: Period of absence (date from) to Reason for absence Self Certificated Yes No Fit Note Yes No Appropriate certificate supplied Yes No Brief discussion on symptoms of illness: To be completed by the line manager Was the sickness absence reporting procedure followed? Yes No Was the absence work related e.g accident at work or general conditions of work area? Yes No Is an Occupational Health referral required? Yes No Any action to be taken (e.g. adjustments to duties, review, referral to University s Occupational Health Adviser, any special leave etc) please detail; I confirm that the above information is correct and that I am fit and well to return to work. Signed:..Date:. (Employee) Signed:..Date: (Dean / Director/ HoS / Line manager) Please forward the completed form to the Human Resources Directorate. Sickness absence management procedures (Effective from Janaury 2015) page 16 of 18

17 Appendix 2 Confidential -Self certification form This form must be completed for all absences from work. For absences of more than 7 calendar days a Statement of Fitness for Work (fit note) will be required. Surname: First name/s: Faculty/School/Directorate: Date of first day of absence: Period of absence (date from) to Details of sickness/injury (Please say briefly why you are unfit for work words like illness or unwell are not enough) Please indicate if this is due to an industrial disease or injury: YES NO Note: The University may seek further information on the nature of your illness from your doctor in accordance with the Access to Medical Reports Act Full details will be supplied as appropriate. Declaration: I declare that I have not worked in this or any other employment during the period of absence as stated above and that the information given on this form is correct, to the best of my knowledge. Signed:. Date: Please forward the completed form to your line manager who will forward the form onto the Human Resources Directorate. Sickness absence management procedures (Effective from Janaury 2015) page 17 of 18

18 Prepared by: Human Resources Directorate Date: August 2013 Final Approval by: SMT Review Date: November 2016 Updated on: Buckinghamshire New University Sickness absence management procedures (Effective from Janaury 2015) page 18 of 18