Attendance (Sickness Absence) Policy and Procedure

Transcription

1 Attendance (Sickness Absence) Policy and Procedure Policy reviewed by Academy Transformation Trust on On-going Policy consulted on with Unions on On-going Policy adopted by Local Governing Body on This policy links to: Disciplinary Procedure Health and Safety Policy Maternity Policy Equalities Act 2010 Data Protection Act 1998 Located REVIEW DATE: September 2014

2 Information relating to the Attendance (Sickness Absence) Policy and Procedure

3 Content 1 Policy Statement Aim and purpose of policy Scope of policy Confidentiality and data protection Roles and responsibilities Definition of short term sickness absence Definition of long term sickness absence Sickness reporting procedure Return to work Phased return to work Monitoring and managing sickness absence procedure Managing short term absence The attendance management meeting Procedure for issuing sickness warnings Stage 1 sickness absence meeting (first written warning) Stage 2 sickness absence meeting (final written warning) Stage 3 Final sickness absence meeting Managing long term sickness absence Stage 2 - Decision review meeting Stage 3 - Capability meeting Appeals Ill health Retirement Entitlement to sick pay Exclusions to contractual sick pay Disability issues Dealing with stress Infectious diseases Other issues Role of companion at meetings Pregnancy related sickness Medical suspensions Time off for Medical Appointments National conditions... 24

4 16 Review of policy Appendix 1 Return to work form Appendix 2 Attendance Management Meeting Form... 28

5 1 Policy Statement 1.1 Academy Transformation Trust is committed to providing high quality teaching and learning in our academies and for our pupils. This means we require the highest levels of attendance possible from all employees. Through effective management and application of this policy we seek to encourage employees to maximise their attendance at work whilst recognising that employees will, from time to time, be unable to come to work due to illness. We are committed to providing a healthy and safe working environment which will assist this regular attendance, and help us improve morale and job satisfaction. 1.2 Academy Transformation Trust takes a sympathetic and sensitive approach in managing sickness, and will provide health screening (where possible), and access to counselling and occupational health services (where appropriate). We will provide every reasonable support to employees who are absent for genuine reasons and in particular ensure reasonable adjustments in relation to disabled employees or ensure absences due to pregnancy are kept separate from sickness absence records for management reporting/action purposes. 1.3 This is balanced with the need to continue to operate effectively. Staff absences can have a significant impact on the quality of learning for our students so we will take all necessary action in relation to managing sickness absence to ensure students are not adversely affected. Long term or frequent absences through ill health can prevent Academy Transformation Trust from delivering effective services resulting in significant cost in terms of work not being delivered and additional pressure placed on colleagues who have to cover. We will therefore take action accordingly. 1.4 If an employee does not comply with the policy or withholds information, they may be subject to action under the disciplinary policy, which could lead to the removal of contractual sick pay. If any employee is found to have given a false or misleading reason for their absence, they may be considered to have committed a fraudulent act. This may result in disciplinary action and/or dismissal. 2 Aim and purpose of policy 2.1 The aim of the policy is to manage attendance in a supportive and effective way to reduce sickness absence levels and creating a culture where employees see that good attendance is important and is recognised. This policy takes account of the Equality Act 2010 in reliant to sickness absence and Academy Transformation Trust are committed to ensuring equality of opportunity in employment. 2.2 The purpose of this policy is to set out the expected standards required of our employees, providing the rules and procedures which need to be followed so that attendance is managed in a fair, consistent and reasonable way.

6 3 Scope of policy 3.1 This policy covers all employees, except those within their probationary period where alternative arrangements apply, whether permanent or temporary, full or part time and irrespective of level in the organisation. The policy covers both short term and long term periods of sickness and sets out the rules and procedures that should be followed by employees and their line managers. Where the sickness relates to the Principal, managing of their sickness will be conducted by the Chair of Governors. For other managers it will be conducted by the Principal. 4 Confidentiality and data protection 4.1 All information regarding an employee s health or personal situation should be treated confidentially. Any breach of confidentiality may result in disciplinary action being taken. 4.2 All records will be kept no longer than is necessary in accordance with the Data Protection Act Individuals will have the right to request and have access to certain personal data and employees will be given copies of meeting records. 5 Roles and responsibilities 5.1 The Board To set the strategic direction of Academy Transformation Trust and to approve policies and strategic actions for improvement including performance and capability To provide overall policy direction and guidance to the Principal in relation to the management of sickness absence and to delegate responsibility for day to day management of issues to the Academy Transformation Trust HR Department/Principal To participate in capability hearings and/or appeals as appropriate. 5.2 Principal and Academy Transformation Trust HR Department To take day to day leadership of employee attendance To implement the sickness absence policy as agreed by the Board To be responsible for monitoring sickness levels and trends, and taking action accordingly. 5.3 Other line managers including Principal and Operations Director To treat matters fairly, sensitively and confidentially To be responsible for identifying problems and taking action where sickness absence has become unacceptable

7 To emphasise to employees the importance of attending work regularly as appropriate To conduct return to work and attendance management meetings, where the policy indicates they should do so To consider whether the employee is suffering ill-health, for example stress, whether an absence has occurred or not. In this situation the line manager may recommend the employee undergoes a medical referral To maintain regular contact with employees who are off work on short or long-term sickness absence. To agree contact arrangements with the employee during absence To make decisions and where appropriate implement the disciplinary or sickness absence procedure with advice from a HR representative. 5.4 Employees To achieve the highest level of attendance possible To report their sickness absence to the academy or the Trust in accordance with the academy or the Trust s absence reporting procedure To take reasonable steps to aid recovery and speed their return to work To remain in regular contact with their line manager during a period of absence, providing any information requested which may help others to carry out any duties that they are unable to carry out To provide as much information about the nature and likely duration of the illness as possible To attend a return to work interview with their manager on their first day of return (or as soon as possible thereafter) To complete a self-certification form for sickness absence covering the first seven calendar days of absence To submit a Statement of fitness for work ( fit note ) on the eighth day of continuous absence To attend occupational health referrals where required To attend attendance management meetings where required To co-operate with any management action taken with regards to sickness absence To co-operate with any meetings or investigations considered necessary to ascertain or verify information concerning sickness absence To report accidents or injury sustained in the course of work and ensure the information is recorded in the accident book To inform their line manager if they consider there are any duties they could still carry out whilst off sick or whether any temporary changes could be made to their duties, hours of work or working conditions which they think might enable their return to work earlier than if those changes were not made To notify their line manager if they are experiencing work-related stress in order for support to be provided as early as possible. 5.5 HR representative/service To advise and support managers, attending any meetings as deemed appropriate.

8 Act as an advisor at all formal stages of the procedure. 5.6 Occupational health service To make recommendations to line managers to assist the rehabilitation and speedy return to work of ill or injured employees, for example providing advice on work adjustments, restrictions, redeployment, whether the employee has a disability. This will include: - Seeking medical information from GPs/specialists and making onward referrals as appropriate - Providing advice on how the ill health of an employee can best be managed and, if appropriate how to facilitate a return to work - Recommending redeployment or ill-health retirement where appropriate - Providing advice on expected length of recovery periods and/or return to work dates - Making recommendations for management action based on medical circumstances. 6 Definition of short term sickness absence 6.1 Short-term sickness absence applies to absences between half and 20 working days (four weeks). Persistent short-term absence can sometimes indicate an underlying health problem, particularly if all the absences appear to be for similar reasons. The academy/trust therefore may ask the employee s consent to approach their GP for a medical report or may request the employee attends a medical referral with the occupational health service. Employees are expected to co-operate and it is a requirement of the contract of employment to do so. 7 Definition of long term sickness absence 7.1 Employees will be considered as being long-term sick if they remain absent for a continuous period of longer than four weeks (20 working days). There may be other patterns of absence that will be dealt with under the long term absence procedure. For example, an employee on long term sick who returns to work for a period of time and then goes off sick again with the same or related condition. In this situation, the employee will continue to have their absence managed in accordance with the long term absence procedure, with the line manager determining at what stage to re-start the monitoring.

9 8 Sickness reporting procedure 8.1 On the first day of sickness absence, employees must telephone an ALT person so that cover can be arranged and their line manager to explain why they are ill and when they are likely to return to work. The contact should be made between am. Where this is not possible, a relative or friend of the employee can telephone, however, it is the responsibility of the employee to ensure that this contact is made. Contacting by text message or is not acceptable. 8.2 During the course of the absence, employees should continue to maintain contact with their line manager. Depending on the nature of the illness and the likely length of absence, they should agree contact arrangement with the line manager. Where an employee is not covered by a Fit Note then they should ring in everyday of the absence. Employees should be available to discuss work related issues with their manager or colleagues, if appropriate, depending of the circumstances of their illness. 8.3 If the employee is unable to return to work on the expected date of return, the employee must contact their manager again on that date, providing the revised expected duration of the absence, allowing the line manager to manage service delivery. 8.4 If an employee does not report for work and the line manager does not receive notification of the reason for the absence, then the line manager will attempt to make contact with the employee by telephone. Where no contact is made that day, the line manager will contact the employee s given emergency contact. If no contact is made, the line manager will then send the employee a letter requesting contact. This situation could potentially be regarded as unauthorised absence and could be subject to disciplinary action and deductions from pay. 8.5 If sickness absence continues for more than seven continuous days, the employee is required to obtain a fit note from their general practitioner (GP) or hospital. This must be sent to their line manager as soon as possible. Further certificates must be obtained as necessary to cover the whole period of absence and forwarded to their line manager immediately on each occasion. 8.6 If the employee falls ill whilst working away or travelling on business, the same notification process applies. 8.7 If an employee wishes to return to work before the end of the fit note period where a GP has advised that they are not fit for work, provided the line manager agrees that this is appropriate there is no need to wait until the end of the fit note period. However, the line manager must manage an employee appropriately and carry out an assessment of any risk based on the evidence from the GP, knowledge of the work and workplace, and provide further support where necessary. It may be necessary to refer the employee to the occupational health service for an assessment in order to provide the necessary information for the line manager. 8.8 The academy/trust reserves the right to request a fit note for any period of illness even though this may be fewer than eight consecutive days. If a cost is incurred in relation to

10 obtaining such a certificate, then the academy/trust shall reimburse those costs upon production of a proper receipt. 8.9 Where an employee is on long term sick, his/her line manager will agree contact arrangements with the employee for the duration of the illness. 9 Return to work 9.1 All employees, on returning from sickness absence of whatever duration, are required to complete Part A of the return to work form - self certification - which is then signed and countersigned by their line manager. 9.2 Where the employee has been absent for a period of three consecutive days illness or more, the employee will be required to meet their line manager to jointly complete the return to work form (which incorporates the self-certification section), stating the reason for absence and any follow up action required. The information collected will be used, not only to monitor absences, but also to identify any patterns or trends related to health and/or working conditions/environment. 9.3 The return to work meeting should be as informal as possible but be held on a confidential, one-to-one basis and in private. The meetings should not be onerous and may in some cases be simply a welcome back after an absence and to update. At the meeting the line manager should: Welcome back the employee Clarify the reasons for the absence Clarify whether the employee has attended their GP or hospital and what medical advice has been received Determine whether the employee is fit for work; the line manager may agree with the employee that they should go home if they appear unfit for work Offer any further help and support (this may include allowing further time for hospital appointments or agreeing reasonable adjustments such as changes to job or hours for example where the employee has a disability) Where appropriate, highlight any concerns they have with the employee s absence levels and remind the employee the importance of regularly attending work (they may have hit the sickness triggers which means that an attendance management meeting (AMM) will follow) Update the employee on developments at work during their absence. 9.4 Once completed, the line manager should send the form (appendix 1) to the relevant person in order that the employee s record can be updated. 9.5 In some cases of a particular sensitive nature, the return to work meeting can be conducted by a different manager who is of the same sex as the employee.

11 Phased return to work 9.6 In order to support the employee s return to work, particularly after a period of long term sickness absence or where the employee has been off sick due to an illness associated with their disability, the academy/trust may offer temporary suitable alternative work for an agreed period of time to assist them or the opportunity to resume their duties on a phased basis. 9.7 The duration of a phased return will be agreed at the beginning of the phased return period but will not exceed four weeks. During the phased return the employee will receive their normal rate of pay. If the employee requests that the phased return be extended beyond four weeks, then the employee s pay may be reduced accordingly with their consent. In these circumstances, the employee will be informed of changes to their pension benefits as they may be affected by the reduction in pay for this temporary period. 10 Monitoring and managing sickness absence procedure Managing short term absence 10.1 All sickness, whether self-certified or covered by a fit note, will be accepted as justification for absence However absences due to sickness that are frequent or persistent should be investigated. There may come a point where absences due to sickness are so disruptive to the academy/trust that redeployment to other duties or termination of employment may be considered. The fact that somebody who is frequently absent with short-term illness is genuinely unwell does not mean the academy/trust can allow the situation to continue indefinitely. Frequent, short-term absences mean that it is difficult to plan and cover work and impacts on work colleagues and pupils If, at any time, the line manager has reasonable grounds to suspect that the employee has taken or is taking sickness absence when they are not unwell, the matter may be dealt with under the academy/trust s Disciplinary Policy The academy/trust operates a system of sickness triggers which are used as a prompt for management action and as targets against which improvements in sickness absence levels can be monitored The line manager will arrange an attendance management meeting (AMM) with an employee, if the following sickness triggers are met: Four or more occasions in any rolling 12 month period 10 or more days in any rolling 12 months Or any other pattern that causes concern

12 The attendance management meeting 10.6 An attendance management meeting (AMM) will be conducted if one or more of the above triggers/the above trigger has been met. The purpose of the meeting is to identify the reasons for the absences, to identify if there are any underlying reasons for the absences, to offer support, and to ensure that the employee is aware that their absence record is a potential cause of concern. It may be necessary to identify whether the short-term, persistent absences indicate a more serious long-term health problem Early concerns about the level of an individual's absence can also be raised at an appropriate Return to Work Discussion. Members of staff are frequently unaware of how much absence they have had, and bringing that to their attention, along with a discussion about factors that may be affecting their health, can lead to an early and informal resolution of the problem An opinion from the occupational health service should be sought if appropriate. This will help identify the most appropriate means of managing the employee s future sickness absences. In cases of stress-related illness, the line manager should refer the employees as soon as possible to the occupational health service for advice During the AMM, the line manager will do the following which can be varied depending on the circumstances: State the purpose of the meeting Ask the employee about the reasons for his/her absences Ask if there are any personal problems which may be affecting the employee s attendance Advise the employee that persistent short-term absences are not acceptable and an improvement in attendance is required Agree an attendance improvement plan which will set out a reasonable period of time over which the employee s attendance will be assessed and the standard they are expected to meet Confirm what the next step will be if the employee fails to reach the required standard as set out in the improvement plan including action being taken which could eventually result in dismissal In addition the line manager may advise that the employee should see their GP or specialist if there is an underlying medical problem The line manager should record the discussion on the AMM form (appendix 2) and give the employee a copy of the form. The form should then be sent to the relevant person for recording purposes There is no right to be accompanied to an AMM by their trade union representative or a work colleague. However we will consider any reasonable request to be accompanied at this meeting by a work colleague or trade union representative.

13 10.13 Employees should be made aware that recurring short-term absences that fail to improve, despite the offer of support over the agreed improvement plan, will be dealt with via a series of sickness absence meetings with a graduated set of warnings as set out below. This could eventually lead to dismissal. In certain circumstances, for example where an employee has been absent due to a series of long term absences (which may be unrelated) but where the employee has returned to work after each absence, it may be appropriate to use the short term absence procedure. Procedure for issuing sickness warnings If there have not been improvements in levels of attendance despite the AMM improvement plan, or where the employee has been absent due to illness on a number of occasions (either short term or long term) which is causing further concern, then the employee will be informed that their attendance will be managed through formal sickness absence meetings. The line manager will be responsible for conducting meetings and then making decisions on the next steps The employee will be given five working days written notice of the date, time and venue of any sickness absence meeting. The letter will also include details of why the line manager is concerned about the sickness absence. The meeting will be conducted by the employee s line manager and the employee has the right to be accompanied to the meeting by a work colleague or trade union representative (refer to 10.12) The employee must take all reasonable steps to attend all meetings in the procedure. Failure to do so without good reason may be treated as misconduct. If the employee or their companion is unable to attend at the time specified, the line manager should be informed who will agree an alternative time which should be within five working days of the original date Any meeting may be adjourned if the line manager is awaiting receipt of information, needs to gather any further information or give consideration to matters discussed at a previous meeting. The employee will be given a reasonable opportunity to consider any new information obtained before the meeting is reconvened Confirmation of any decision made at any meeting, the reasons for it, and of the right of appeal will normally be given to the employee in writing within five working days of a sickness absence meeting (unless this time scale is not practicable, in which case it will be provided as soon as is practicable) Where an employee s attendance is satisfactory throughout the period of a live warning only to lapse soon after, this pattern of behaviour can be borne in mind in deciding what further action to take. The line manager may decide to re-commence action at any stage of the procedure as is reasonable and appropriate. Stage 1 sickness absence meeting (first written warning)

14 10.20 Where levels of frequent, short-term absence have failed to reduce following the AMM improvement plan, the line manager will instruct the employee to attend a stage 1 sickness absence meeting At the meeting the employee will have the opportunity to respond to the information presented and make any representations The purposes of further meeting will be to: Discuss the reasons for and impact of the absences, identifying the reasons for the frequent absence, and measures that can be taken by the employee and line manager to improve attendance Discuss the likelihood of further absences Consider whether medical advice is required and if already obtained, consider the advice that has been given and whether further advice is required Consider the employee s ability to attend work regularly and the impact on business needs and work colleagues and pupils Consider possible redeployment opportunities and/or whether any adjustments can reasonably be made to assist in the employee attending work regularly Agree a way forward and set out what action will be taken and a time-scale for review and/or a further meeting(s). Caution the employee that failure to attend work regularly could result in their dismissal The options for the line manager are as follows: Take no further action based on the information discussed Decide that further support and reasonable adjustments should be given over an agreed further review period Issue a first written warning to the employee Notification and a summary of the outcome of the meeting, including a summary of the evidence presented should be sent to the employee and Academy Transformation Trust HR Department within five working days of the meeting (unless this time scale is not practicable, in which case it will be provided as soon as is practicable) and the employee will be advised of his/her right of appeal Where a first written warning is issued it should: set out the agreed action to improve attendance set out any support that will be offered set out the timetable for improvement and follow-up review meetings warn the employee that failure to improve within the set time could eventually lead to dismissal set out that the warning will remain active for six months during which time their attendance will be monitored in accordance with the action plan

15 10.26 If during the six month period there has been an improvement in attendance/a sufficient reduction in the level of frequent short-term absences, to deem the employee as having an acceptable level of attendance, the matter will be closed and no further action taken, subject to section above Where a warning has not been issued but attendance fails to improve during a review period (if agreed), then the line manager will arrange a further stage 1 sickness absence meeting as set out above. Stage 2 sickness absence meeting (final written warning) If during the six month period, relevant attendance targets have not been met, and the level of short-term absence continues at the same level or has become more frequent, a stage 2 sickness absence meeting will be arranged as set out above At the end of the meeting, the options for the line manager are as follows: Take no further action based on the information discussed Decide that further support should be given over an agreed further review period Issue a final written warning to the employee Notification and a summary of the outcome of the meeting, including evidence presented will normally be sent to the employee and Academy Transformation Trust HR Department within five working days of the meeting (unless this time scale is not practicable in which case it will be provided as soon as is practicable) and the employee will be advised of his/her right of appeal Where a final written warning is issued it should: set out the agreed action to improve attendance set out any support and reasonable adjustments that will be offered set out the timetable for improvement and follow-up reviews warn the employee that failure to improve within the set time could eventually lead to dismissal set out that the warning will remain active for 12 months during which time their attendance will be monitored in accordance with the action plan If during the 12 month period there has been an improvement in attendance/ a sufficient reduction in the level of frequent short-term absences, to deem the employee as having a normal level of attendance, the matter will be closed and no further action taken, subject to above Where a warning has not been issued but attendance fails to improve during a review period (if agreed), then the line manager will arrange a further stage 2 sickness absence meeting as set out above.

16 Stage 3 Final sickness absence meeting If the level of absence fails to satisfactorily improve following the above two stages of this process, the line manager may consider taking further action based on the belief that the employee is unable to fulfill their contract of employment. This involves referring the matter to a final sickness absence meeting. A decision at this level will be taken by the Principal or Local Governing Body panel A stage 3 final sickness absence meeting will be convened with the purpose of reaching a final decision on the issue Possible outcomes of this meeting are: The Panel agrees to take further action, within an agreed timescale, to try and address the problem. This is only applicable where there is a clear belief that further action is likely to lead to an improvement even where it has not done so previously. The Panel offers the employee a change to his/her contract of employment for example redeployment, changes to working hours, job role, job grade. The employee would need to agree to this change and it would be offered on the basis that attendance will improve The employee s employment is terminated with full notice or payment in lieu of notice Notification and a summary of the outcome of the meeting, including evidence presented will normally be sent to the employee and Academy transformation Trust HR Department within five working days of the meeting (unless this time scale is not practicable in which case it will be provided as soon as is practicable) and the employee will be advised of his/her right of appeal Where the employee s employment has not been terminated but their attendance fails to improve during an agreed timescale, then the line manager will arrange a further stage 3 sickness absence meeting as set out above The meeting will normally be conducted by a panel of Governors or Academy Transformation Trust s HR Department. Managing long term sickness absence If an employee has been absent for 20 working days or more, the line manager should contact the employee asking them to attend a review meeting. This will be in addition to the agreed contact during the sickness absence period As part of the review process, the line manager will take the following additional actions at the earliest opportunity: Remind employee of the available counselling service

17 Organise a referral to occupational health service (if not already arranged) Ensure regular communication is maintained with the employee Consider a phased return or alternative duties on a temporary basis, with retraining where appropriate Make the employee aware of the consequences, including eventual dismissal, if the absence continues Arrange a stage 1 review meeting Stage 1 - Review meeting The review meeting should take place after four weeks of long term absence and the line manager should take all reasonable steps to arrange a mutually agreeable date and time. In most cases the employee will be invited into the workplace for the review meeting. However it can be held at a suitable alternative location, if the individual is not well enough to travel into the office. A record of this meeting will be provided by the line manager to the employee If the employee is too ill to attend a meeting, another form of communication may be agreed, for example by telephone. If the employee is unable to communicate due to the seriousness of their illness or condition, then contact will be maintained with a family member or close friend or trade union representative until a meeting or telephone conversation can be arranged The purpose of the review meeting is to: Consult with the employee to obtain an update on their condition and, if possible, assess a likely timescale for a return to work Ask the employee if they have identified any adjustments to their working arrangements which could facilitate their return to work (for example a phased return or temporary part-time working) To enquire about what support or treatment the employee is receiving to assist their return to work To discuss the initial referral to occupational health service (if appointment has taken place) and then in subsequent meetings to discuss follow up actions from the referral (or follow-up appointments) Inform the employee of developments at work and answer any questions they may have To warn the employee that if they do not return to work within a reasonable timeframe then dismissal on the grounds of capability may be considered and actioned Further review meetings can then take place to monitor progress and take action as appropriate If an employee s long term absence is approaching six months and they continue to be unable to return to work, a stage 2 decision review meeting will be arranged at six months. The meeting will be an opportunity to discuss with the employee the possibility that they will not

18 return to work and the relevant consequences will be highlighted to the employee, for example, cessation of sick pay, ill health retirement or dismissal. This meeting could take place at an earlier stage but the decision to do this must be reasonable and will depend on the particular circumstances and impact on service delivery; however such decisions should not be taken at the first stage 1 review meeting. Stage 2 - Decision review meeting The purpose of this meeting will be to: review the meetings that have taken place so far consider whether there have been any changes since the last meeting regarding a possible return to work or opportunities for return or redeployment consider any further matters arising consider the up to date medical evidence available consider whether there is a reasonable likelihood of the employee returning to work in the foreseeable future If at the decision review meeting, it is clear from the medical information available that the employee has no confirmed date to return to work (and within the foreseeable future), and there is no recommendation for ill-health 1 retirement, the line manager may use this information or seek a further medical opinion to establish whether: the employee will be able to return to work in the foreseeable future the employee will be able to return to work if an alternative position could be found it is possible for the employee to return to work initially on a part-time basis there is no likelihood of a return to work If the line manager decides that there is no likelihood of return to work, and the employee has had regular review meetings and been referred to occupational health, then he/she should refer the matter to a capability meeting to consider the possible termination of employment If there is a decision to refer to a capability meeting, then the employee should be advised of this in writing with the reasons for the meeting and the possible consequences. Stage 3 - Capability meeting A letter should be sent to the employee, inviting them to attend the capability meeting at least five working days in advance of the meeting, enclosing a copy of the documentation that is to be referred to at the meeting. Additionally, the written notification should warn the employee that the hearing might result in dismissal The employee may be accompanied at the meeting by a work colleague or trade union representative. If the employee (or their representative) is unable to attend the capability

19 meeting, then it can be rearranged (within five working days of the original date) or the employee may be represented at the meeting by their work colleague or trade union representative if they are unable to attend or they can submit a written statement At the meeting, the employee s line manager will present the details of the employee s absences including the outcomes from the review meetings and occupational health referrals. The employee (or their representative) will be able to respond and state their case During the meeting the Panel should consider the employee s absence, referring to documentary evidence, as well as the information presented by the employee Following the capability meeting, the Panel may decide to: Take no further action and request that the line managers continues to manage their attendance in accordance with the policy Seek a second medical opinion on the prognosis Keep the matter under review for a stated period of time after which the line manager will reconvene the capability meeting Give consideration to alternative employment for the employee including changes to working hours Dismiss the employee with appropriate contractual notice The Panel s decision will be confirmed in writing, normally within five working days to the employee, summarising the outcome of the meeting, although this time scale may be extended in certain circumstances In taking the decision to dismiss, the Panel should be satisfied that it was fair to dismiss an employee for capability and be able to demonstrate that they had acted reasonably in treating the employee's absence as a sufficient reason for dismissal. This involves considering: The nature of the employee's illness The prospects of the employee returning to work The need for the employer to have someone doing the work The employee's length of service The meeting will normally be conducted a Panel of Governors or Academy Transformation Trust s HR Department. Appeals The employee may appeal against the outcome of any formal stage of this procedure and may be accompanied to an appeal meeting by a work colleague or trade union representative The employee should set out their appeal in writing, stating the full grounds of appeal. This should be sent to the line manager within five working days from receipt of the decision. If the employee is not attending the appeal hearing, they may be represented by their work colleague or trade union representative or they can submit a written statement.

20 10.61 Appeals will take place without delay and in cases of dismissal the appeal will be held as soon as possible after receipt of notification of appeal however any new matters raised in an appeal may delay an appeal meeting taking place if further investigation is required The appeal meeting will be conducted by a manager more senior to the line manager, a separate Panel of Governors or Academy Transformation Trust s HR Department and should not have previously been involved in the case. The appeal will be dealt with as impartially as possible. The employee has a right to bring a companion to the appeal hearing The appeal hearing will not be a complete re-hearing of the matter but a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light. The review will not re-examine the findings of fact, but will look at such things as whether there were reasonable grounds for the decision, whether the procedure was followed correctly, and whether the penalty was too high If, however, there has been any procedural unfairness earlier on in the process, a full rehearing may be agreed to address previous shortcomings and ensure the procedure can be seen as fair overall. This will be determined by the senior manager, a Panel of Governors or the Trust s HR Department prior to the appeal meeting taking place Following an appeal the senior manager, a Panel of Governors or the Trust s HR Department manager may: confirm the original decision (for example, the dismissal stands) revoke or replace the original decision with a different decision The final decision will be confirmed in writing, if possible within five working days of the appeal meeting, although this may be extended in certain circumstances. There will be no further right of appeal The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay. Ill health Retirement Where the employee is a member of the occupational pension scheme, it may be possible to consider retirement on the grounds of ill health as an alternative to dismissal. 11 Entitlement to sick pay 11.1 The academy/trust will pay full and half sick pay for a limited period as set out in the contract of employment/statement of main terms and conditions of employment, but that is conditional on complying with the requirements of this policy. If an employee does not comply, full sick pay may be refused but statutory sick pay may still be payable.

21 11.2 If for any reason an employee is unable to comply with these requirements, for example because the nature of the illness makes it difficult or impossible for them to comply, then the employee should do whatever they reasonably can do towards compliance for example, asking others such as a relative, friend, neighbour, colleague or trade union representative to provide information to the academy/trust An employee who is absent from work due to sickness is not permitted to record that absence as annual leave. An employee who is sick during a period of annual leave is entitled to record that period as sickness absence, provided the employee produces a fit note appropriate for the period of the illness Sickness absence of three days or more, occurring immediately after a period of annual leave, will need to be certified as sickness absence by the employee s GP. Where an academy employee is off sick immediately prior to a school holiday, they will continue to be deemed as being off sick for the purposes of recording absence and statutory and/or contractual sick pay during the school holiday period, unless the employee provides a fit note indicating they are fit to return to work. The cost of fit note will be covered by the academy/trust if applicable An employee is entitled to accrue annual leave whilst in receipt of paid contractual sick pay. An employee on long-term sick leave can request to take holiday (and be paid, even though they may have exhausted their right to statutory and/or contractual sick pay) subject to the rules set out in 11.4 above. In certain circumstances, an employee unable to take holiday by the end of the holiday year due to a period of sick leave may be allowed to carry over their statutory holiday to the next leave year. Exclusions to contractual sick pay 11.6 In order to assist employees in receiving contractual sick pay during absence, contractual sick pay may not be awarded to employees: If the employee has knowingly entered false information on relevant forms, including self-certificates. This is considered serious misconduct as it equates to fraudulently claiming money from the organisation. If the employee has failed to follow the procedures laid down within the absence policy. If absence is caused by negligence, recklessness or carelessness at work in respect of the agreed Health and Safety Policy, thereby possibly endangering the health of other staff. Negligence of the employee will only be determined after a full and fair investigation. Deemed as absence not covered by self certification or a fit note Before contractual sick pay is refused, the employee will have the right to a full investigation of the reasons and a right to appeal, usually through a hearing Sickness absences and sick pay only apply when employees are off work as a result of their own sickness and do not cover, for example, absences to care for members of their family

22 who are sick. Other provisions are available to enable employees to make arrangements to care for sick dependants. 12 Disability issues 12.1 An individual who has been absent from work by reason of a disability has protection under the Equality Act As an academy/trust we may be required to make reasonable adjustments where an employee becomes disabled as a result of sickness before they can return to their job to remove or reduce or prevent the obstacles a disabled worker faces; this could include stress conditions The types of adjustments may include: making physical adjustments to the workplace allocating some of the disabled person s duties to another person transferring the disabled person to another vacant post with or without reasonable adjustments being made altering the disabled person s working hours through, for example, part-time working, job sharing or other flexible hours arrangements providing special equipment to assist the disabled person to perform his or her tasks and giving training in the use of the equipment varying or adjusting the monitoring and/or action taken by management in relation to disability absences depending on the circumstances 13 Dealing with stress 13.1 In order to support employees who at some point may be off sick, or who cannot perform well at work because of stress, line managers will routinely consider workload management, risk assessments and discussions with employees to help decide upon the practical improvements that can be made to the work Managing stress presents a challenge to all those concerned. It can be difficult to identify and tackle, with an impact both on the stressed person and those around them, seriously affecting quality of working lives and effectiveness in the workplace. It is therefore important to take prompt action to prevent, minimise and manage stress Where the employee or line manager considers that the employee is suffering ill-health as a result of stress, an immediate referral request will be made to the occupational health service whether absence has occurred or not. In addition the employee will also be offered support through the counselling service.

23 14 Infectious diseases 14.1 If an employee suspects they have been in contact with someone who has an infectious disease or may have contracted such a disease themselves, they should contact their GP immediately to get further information about the condition; they should not report for work without clearance from their GP The employee should then speak with their line manager to discuss the situation. Where appropriate the details should be shared with the Health and Safety Executive. An infectious disease is one which is: Reportable, for example, hepatitis or tuberculosis. A danger to colleagues, for example, rubella (German measles) which poses a threat to pregnant women For more information and some further examples, please go to 15 Other issues Role of companion at meetings 15.1 An employee may bring a companion to all meetings under this policy. The companion may be either a trade union representative or a work colleague. The employee should inform the manager conducting the meeting who their chosen companion is, in good time before the hearing. In exceptional cases where the outcome of the hearing could lead to the individual no longer being able to work in their chosen profession they may be accompanied by a legal representative. The right to legal representation will be advised in such cases Should the employee choose to bring a companion to the hearing they will be responsible for making these arrangements and for providing their companion with any paperwork that they require for the hearing Acting as a companion is voluntary and an employee is under no obligation to do so. If they agree to do so they will be allowed reasonable time off from duties without loss of pay to act as a companion If the choice of companion is unreasonable the employee can be asked to choose someone else, for example: (a) (b) (c) if they have a conflict of interest or may prejudice the meeting; or if the companion works at another site and someone reasonably suitable is available at the site at which the employee works; or if the companion is not available at the time a meeting is scheduled and will not be available for more than five working days afterwards.

24 15.5 A companion may make representations, ask questions, and sum up the employee s position, but will not be allowed to answer questions on the employee s behalf. The employee may confer privately with their companion at any time during a meeting. Pregnancy related sickness 15.6 If a pregnant employee works beyond the fourth-week before their expected week of childbirth and becomes ill with a pregnancy-related illness, her maternity leave will commence immediately. Further details concerning maternity leave rules are set out in the Maternity Policy. The academy/trust will not take into account any absence related to pregnancy or maternity when considering taking formal action under this policy. Sickness absence falling after the end of the maternity leave period (for example, for post-natal depression) will be treated in the same way as any other form of illness. Medical suspensions 15.7 The Principal/Chair of Governors or Academy Transformation Trust may suspend an employee where necessary if their condition poses a risk to the safety and well-being of children or colleagues. However this action will only be taken on the advice of an appropriately qualified medical advisor about the risks associated with the individual's health. Each case should be judged on its circumstances. The Chair of Governors and the Trust s HR department must be informed if an employee is suspended Where the issue of dismissal of an employee on medical grounds arises, the academy/trust must give that teacher an opportunity to submit medical and other evidence and to make representations, and must consider such evidence and representations. If the employee requests, the employer must arrange for a medical examination. The employee s own medical advisor may, on request, be present at the examination. The academy/trust will consider whether reasonable adjustments will enable a disabled employee/teacher to perform effectively. Time off for Medical Appointments 15.9 It is expected that non-urgent appointments for GPs, dentist etc, should, where possible, be arranged in an employee s own time or at the beginning or end of the working day. Time off without pay will be granted provided adequate notice has been given. If there are a large number of appointments over a period of time consideration may need to be given for time to be made up. Appointment cards may be requested. National conditions Provisions relating to sickness absence of the Burgundy Book and Green Book also apply to employees of Academy Transformation Trust.