Managing Attendance and Absence Policy. Document author Assured by Review cycle. 1. Introduction Policy statement Purpose...

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1 Managing Attendance and Absence Policy Board library reference Document author Assured by Review cycle P074 Head of HR Employee Strategy and Engagement Committee 3 years This document is version controlled. The master copy is on Ourspace. Once printed, this document could become out of date. Check Ourspace for the latest version. Contents 1. Introduction Policy statement Purpose Scope Policy description Notifying Sickness and Absence Fitness for Work Return to Work interviews Managers Responsibilities under the Equality Act Unauthorised Absence or Abuse of Trust Rules on Sickness Absence Rehabilitation and Return to Full Duties of Substantive Role Dismissal Referral to a Professional Body Redeployment as an Alternative to Dismissal Ill Health Retirements Roles and responsibilities Line Manager Employee HR Department... 7 Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 1 of 16

2 7. Standards Training Monitoring or audit References Appendix 1 Procedure for Managing Non Attendance and Absence from Work Introduction Informal Stage Formal Stage 1 Advisory Interview Formal Stage 2 Advisory Interview No Underlying Health Problems Formal Stage 2 Advisory Interview - Underlying Health Problems Formal Hearing Formal Hearing Panel Membership & Hearing Attendees Dismissal Right of Appeal Appendix 2 - Flowchart for Managing Non Attendance and Absence from Work Appendix 3 Formal Hearing Procedure Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 2 of 16

3 1. Introduction The objective of this document is to ensure robust staff management and support mechanisms are in place to report and monitor all sickness absence, to deal with sickness absence in a fair, consistent and sensitive manner, whilst minimising the effect of absences on the delivery of services. Unplanned absence is costly. High levels of sickness and absence can have an effect on the level and quality of service provision and can result in increased costs through the use of bank, agency staff and overtime. 2. Policy statement The Trust recognises the right of employees to enjoy reasonable job security when absent through sickness. At the same time, employees have a responsibility to ensure regular attendance at work. Consequently, managers should deal with sickness absence in a clear and consistent manner. One of the guiding principles behind this policy is that of supporting and keeping up-to-date with the employee. In managing absence pro-actively opportunities may also arise in relation to improving working conditions generally and so improving the working lives of employees. Managers should take action to manage in accordance with this policy and the Procedure if the employees absence meets the triggers set out in the Procedure for managing non-attendance and absence at work: Any abuse of the Trust s sickness benefits (pay and leave) will be regarded as gross misconduct and dealt with as a disciplinary issue, under the Trust s Disciplinary Policy and Procedure and may potentially result in dismissal. The matter may also be referred to the local Counter Fraud Service. 3. Purpose The aim of the policy is to: Attain and maintain a healthy workforce Support staff who have been unwell in their return to the workplace. Ensure all sickness absence is reported, managed and monitored appropriately. Ensure appropriate support is available for staff and managers. Know when to take action. Minimise impact on service delivery. Ensure a consistent and equitable approach is taken. The purpose of this policy is to act as a guide on how to deal with sickness absence. This policy sets out the principles under which the Trust will manage attendance at work and minimise absence due to sickness. 4. Scope This policy applies to the handling of sickness and absence during both paid and unpaid sickness/absence for all Trust employees. Entitlement to occupational sick pay for staff is set out in the NHS Terms and Conditions of Service Handbook. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 3 of 16

4 5. Policy description 5.1 Notifying Sickness and Absence Managing Attendance and Absence Policy It is a condition of employment that staff who are unable to attend work because of illness should notify their manager as soon as possible on their first day of sickness (unless there is a substantial and acceptable reason preventing notification) and at regular subsequent intervals. Each team will determine the normal limits within which notification of sickness should occur and the manager to whom the employee should report. In the absence of any local procedure, the default requirement is to report absence to the immediate line manager as soon as it is clear that they are not able to attend work. Managers have a responsibility to ensure their staff know and understand the procedures. As shown in the table below self-certification is required for any period of absence from Day 1. The employee must notify their manager as soon as they are fit to work, even if there are nonrostered days before they return to work. The employee must complete the Trust s self-certification form as soon as they return to work. The line manager needs to ensure this has been completed at the Return to Work interview. Table 1: Certification Requirements Any single period up to 7 calendar days If sickness extends beyond 7 continuous days (weekends included) Employees must complete the Trust s self-certificate form for all absences on their return to work, even if medical certificates/fit notes have been provided Employees must provide the original copy of a doctor's certificate (known as a fit note) to the line manager within 3 working days after their 7 th day of absence and provide a doctor's certificate on day of expiry of previous certificate if period of sickness continues. Failure to supply either a self-certificate or a medical certificate will result in the withholding of pay. Exceptionally the Trust reserves the right not to guarantee payment on backdated certificates from GPs. In these circumstances employees will need to provide detailed reasons in writing to their line manager if this becomes necessary. If pay is to be stopped the manager will confirm the details to the employee. The Trust may require an employee to provide a medical certificate/fit note for absences of less than 7 days in circumstances where there is a concern about the nature or level of sickness absence or where the employee is subject to a formal review of their sickness. Where an employee can claim costs from someone who caused an absence (eg. Another driver in a road traffic incident), they will be expected to pursue all avenues to recover the cost of their sick pay. Staff should not undertake any paid work for the Trust or any other organisation whilst claiming sick pay from the Trust nor engage in activities that are conceivably inconsistent with the nature of their illness without the agreement of their line manager. In situations where an employee attends for work and subsequently goes home because they are unwell, the following will apply: If they leave work before they have worked 30% of the day or shift, the day/shift will be classed as a sickness absence and should be reported as such through the normal mechanisms. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 4 of 16

5 If they leave after working at least 30% of the day or shift, then the day/shift will be classed as a normal working day. Before leaving work the employee must obtain the permission of their manager. 5.2 Fitness for Work If a manager is concerned about an employee s fitness to return to work safely or if a GP has stated on the fit note that an employee can only carry out restricted duties, the employee will not be allowed to resume or undertake their normal duties until Occupational Health advice has been received. The manager may use their discretion when considering advice from GPs or Occupational Health if they consider that the quality of care or service delivery will be adversely affected. 5.3 Return to Work interviews Following any period of sickness absence the manager should meet with the employee to complete a return to work interview. This return to work interview will take place on the employee s first day back at work, For details on what should be covered in a return to work meeting see Appendix 1. Managers should make a record of the meeting. The pro-forma found on Ourspace can be used for this purpose. 5.4 Managers Responsibilities under the Equality Act 2010 At all phases in the application of this policy and procedure due regard must be paid to the provisions of the Equality Act 2010, in particular in reference to disability. Where an employee has a disability as defined by the Equality Act 2010, the Trust will make reasonable adjustments as appropriate to facilitate their attendance at work. Reasonable adjustments may take the form of a change to working hours or patterns, a change in the duties to be carried out or the provision of special equipment or support. Consideration will also be given to reasonable time off to attend medical appointments for on-going treatment. Reasonable adjustments will not compromise the quality of care provided by the Trust. Each case will be considered individually. Managers should seek guidance and specific advice on all aspects of the Equality Act and disability from their HR team. Further guidance is available on Ourspace. 5.5 Unauthorised Absence or Abuse of Trust Rules on Sickness Absence This occurs when an employee is absent from work and fails, without good reason, to communicate this absence and the reason for it within a reasonable period of time to their manager (or the person in charge at the time), usually on the first day of absence. Failure to notify the relevant manager of a period of absence and reason for the absence will be regarded as a disciplinary offence and pay may be suspended immediately. Employees who need to absent themselves during normal working hours due to sickness must gain the permission of their manager (or the person in charge at the time) beforehand. Failure to do so may result in disciplinary action. 5.6 Rehabilitation and Return to Full Duties of Substantive Role Where a member of staff is fit to return to work but not on full contractual hours or full range of duties (usually after long term sickness), the manager should consider returning them to work on a phased basis on full contractual pay for a defined period of time (up to 4 weeks). This Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 5 of 16

6 rehabilitation period is to allow an effective, sustained return to work. It should be supported by an agreed and structured programme taking into account the advice of Occupational Health. The length of the rehabilitation programme will be based on clinical need. Where annual leave has been accrued beyond the statutory entitlement of 4 weeks, the manager and member of staff should discuss and agree how this can best be used to support the return to work. 5.7 Dismissal Appendix 1, the Procedure for Managing Non-attendance and Absence at Work, should be followed in order to dismiss an employee on the grounds of incapability due to ill health. When an employee is dismissed on the grounds of incapability under the Sickness Absence Procedures, contractual notice will be given or statutory notice if greater. Staff may be given either pay in lieu of notice or a paid notice period depending on the circumstances. When there is clear medical evidence (such as a report from Occupational Health) that an employee will not be fit to return to work then a dismissal may be made before the expiry of occupational sick pay. 5.8 Referral to a Professional Body As a consequence of an employee s ill health and incapability it may be necessary to refer them to a relevant professional body. Such referrals will be made through the offices of the Director of Nursing and Quality. The employee will be notified in writing. 5.9 Redeployment as an Alternative to Dismissal Where there is an underlying medical condition and the member of staff is unable to fulfil the full requirements of the post, the manager, in consultation with Human Resources and Occupational Health staff, should explore the possibility of seeking redeployment into a suitable alternative post within the Trust. Redeployment would normally be sought for a period consistent with the individual s notice period. For employees whose absence levels have reached the final stage of the procedure, redeployment opportunities will be sought up to the date of the Final Review Meeting. Where a member of staff moves to a post on a lower band or working fewer hours etc. there will be no protection of salary or other conditions. However, each individual case should be fully explored with the member of staff and their representative Ill Health Retirements Employees who pay into the NHS Pension scheme may apply for the benefits under the scheme where they meet the eligibility requirement for this benefit. Full details of the benefits payable are outlined on the NHS Pension scheme website. The payment of benefits under the scheme has to be approved by the Pension Agency subject to strict eligibility criteria. The success of any application for the payment of ill health retirement benefits can in no way be guaranteed by the Trust. If approval is given by the NHS Pensions Agency, the ill health retirement date will be the date of approval by the Pensions Agency; this does not apply for terminal or similar illnesses where payment is urgent. If a member of staff is dismissed from the service on grounds of incapability (see below), the dismissal will not be dependent on the early release of the pension i.e. a member of staff may still be dismissed even if the application for the early release of their pension is declined. Where possible, the application process for ill health retirement benefits will be commenced before notice is given in a final review meeting, but this will not delay the final review meeting past the expiry of the employee s Occupational Sick Pay. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 6 of 16

7 6. Roles and responsibilities 6.1 Line Manager The Line Manager is responsible for meeting the expectations of this policy, including: Resolving absence problems and supporting staff to achieve satisfactory levels of attendance; Maintaining accurate records of attendance and reporting sickness absences and return to work dates on the required returns to the Payroll Department to ensure that staff are correctly paid. Maintaining contact with employees who are absent as a result of sickness; Informing all staff in their team of this policy and of any local procedures for notifying sickness; Conducting a Return To Work Interview with all employees as soon as they return to work after every absence, regardless of the length; Seeking advice from HR and senior managers as appropriate in relation to managing sickness absence. 6.2 Employee Employees are responsible for complying with the requirements of this policy and associated procedure, including: Ensuring their regular attendance at work; Notifying their manager of absence in accordance with team procedures; Submitting timely certification for all absences Attending any health assessments at the request of their manager; Keeping their manager informed of progress during absence and of dates for returning to work. 6.3 HR Department The Human Resources (HR) Department is responsible for Ensuring that the Trust s appointed Occupational Health provider meets the requirements of this policy and the needs of the Trust. Providing up to date advice to managers on dealing with sickness and absence; Ensure accurate monthly absence reports are provided to managers to develop plans for ensuring absence rates are kept to a minimum; Provide support and training to managers to help keep absence levels low and to develop appropriate skills to deal sensitively, fairly and reasonably with absence; Advising on correspondence and giving relevant support at all formal stages. 7. Standards This policy will be measured against the requirements of employment legislation and the best practice expected from a modern health organisation. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 7 of 16

8 8. Training Advice and support on managing sickness absence in accordance with this policy will be available from HR representatives and training is available for managers through the Learning and Development Team. 9. Monitoring or audit It will be the responsibility of the Director of Resources to monitor the progress of the policy and procedure. Representatives from trades unions formally recognised by the Trust and management representatives have drawn up this policy. Management as part of the review will provide meaningful statistics. These will include any data collected in relation to the impact of the policy on employees with protected characteristics under the Equality Act A review of this policy and procedure should be carried out every two years by Human Resources in conjunction with Staff side, or sooner if requested by either party. 10. References This policy has been drawn up with reference to current UK and European employment legislation and relevant national terms and conditions. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 8 of 16

9 11. Appendix 1 Procedure for Managing Non Attendance and Absence from Work 11.1 Introduction The following procedure is designed for the management of: a) frequent short-term absence, which is defined as 8 working days of absences or more in a rolling calendar year, or 3 occasions of 1 day or more in the last 3 months (pro-rata for parttime staff); b) long term absence, which is defined as absence of 28 calendar days or more. And c) where the manager has other reasons to be concerned about the pattern of absence; There may be exceptional circumstances where it is not deemed appropriate to deal with an employee s sickness absence through this procedure. An example of this may be where a manager knows that a member of staff is going to be off for a particular period of time, e.g. emergency admittance into hospital with a life threatening condition or for a surgical procedure, broken limb, etc. whereby regular contact and support is needed and a return can be predicted within a reasonable timeframe. Managers are advised to discuss any such exceptional circumstances with HR before reaching the decision to not progress the matter through the procedure, to ensure consistency of approach. In cases of long term absence where there is a serious underlying health problem, it may be appropriate, after discussion with the employee, to immediately hold a formal meeting, to provide adequate support, without carrying out the Informal Stage and Advisory Interview stages of the procedure. This may occur, for example, where it is clear that progressing through each stage is not likely to assist in resolving the matter and redeployment, ill health/voluntary retirement or dismissal on the grounds of incapacity may be the only realistic option. The following procedure sets out the process to be followed in managing non-attendance and absence from work by Trust employees. The process is as follows: a) Informal Stage (section 2) b) Formal Stage 1 Advisory Interview (section 3) c) Formal Stage 2 Advisory Interview (no underlying health problem) (section 4) d) Formal Stage 2 Advisory Interview (underlying health problems) (section 5) e) Formal Hearing (section 6). If an underlying health problem/s has been identified, consideration is to be given to Ill Health or Voluntary Retirement/Redeployment Options at this stage of the procedure. Please refer to the flowchart at Appendix 1. Please note that in cases where Occupational Health advises that an employee is not fit to undertake their role for the foreseeable future, it may be necessary to proceed directly to Formal Stage 2 or Stage 3 in exceptional circumstances Informal Stage It is in everyone s interest to prevent the need to invoke the formal stages of the procedure in relation to an employee s attendance at work. Where an employee has hit the triggers in operation within the Trust, due to persistent short-term absences, long term absence, or a particular pattern of absence, the manager will arrange to discuss informally their concerns with the employee using the return to work interview process. The manager will outline within this meeting the expected standards/levels of attendance and the outcome of the discussion will result in a monitoring period being set up to regularly review attendance levels with the employee. This meeting provides an opportunity for the manager to discuss with the employee the frequency, reasons and amount of absence. The manager should advise the employee if their Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 9 of 16

10 absence is causing concern and offer any support that might be appropriate. Advice and guidance can be sought from HR. If it is agreed that the attendance problem is caused by health reasons, the employee should be referred to Occupational Health for assessment. If there are no underlying health reasons the manager may want to explore other support for the employee, for example a flexible working arrangement under the Trust s Flexible Working Policy, may be appropriate. The manager should advise the employee that if their level of sickness absence exceeds the triggers or is a cause for concern, the formal process may be used to manage this. Following this meeting, the manager shall put in place a monitoring period to review the employee s attendance (over a period of up to 3 months). This will be done at either the return to work interview or at a later date (when the information is known that an employee has hit the sickness triggers). Detail of the improvement required, and the time scale for improvement will be set out in the return to work interview record. A note of the return to work interview should be agreed and signed by both parties and kept confidentially by the line manager in a place which cannot be accessed by others. A letter confirming the informal discussion and the possible consequences of failure to improve will be written by the manager (and a copy retained by the manager on the local file) and sent to the employee within 5 working days of the meeting. It is important that during the monitoring period, the manager continues to provide day-to day management and ensures that the employee is appropriately supported to help them achieve and maintain the required standard of attendance. A date will be set to formally review the attendance levels during the monitoring period (typically towards the end of the 3 month period). If the employee s attendance has improved, the manager will then discuss how this improvement can be sustained in the longer term. However, if the employee s attendance has not improved to an acceptable level, the formal stage of the Managing Attendance and Absence Policy will be initiated. The formal stage of the policy will be invoked prior to the end of the monitoring period if the level of absence persists during this time. However, there may be circumstances where a manager will deem it appropriate to not use the informal stage or to start the formal process at Stages 1 or 2, particularly when an employee has a pattern of acceptable attendance during a monitoring period, but the attendance becomes unacceptable after the caution and monitoring period has recently expired. The monitoring period may be extended for a further three month period, if the manager considers this appropriate Formal Stage 1 Advisory Interview Where there is no improvement in an employee s absence following the informal stage of the procedure, or where it is deemed appropriate to move straight to the formal stage of the Managing Attendance and Absence Policy, the manager should seek the advice of Human Resources and arrange a Formal Stage 1 Advisory Interview with the employee. Five working days notice of the meeting should be given in writing. The purpose of the meeting is to inform the employee of the consequences of continued poor attendance and inform the employee of the results of the Occupational Health assessment (where applicable). An HR representative may attend the meeting at this stage, and will attend any formal meetings held at subsequent stages. The employee must be informed that they may be represented by a trade union representative/officer or a workplace colleague employed by the Trust, in accordance with the Trust s Right of Staff to be Accompanied Policy. If appropriate, the employee should be advised of the: a) improvement in attendance levels required (and that this level of attendance should be sustained beyond the review period) Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 10 of 16

11 b) length of the review period; which should normally be over a period of up to 3 months; likely consequences of failure to achieve and maintain a satisfactory improvement during the review period. c) The manager will confirm the outcome of the meeting including the above details in writing to the employee and his/her representative. A copy must be sent to the Human Resources representative. In appropriate cases, consideration should be given to retirement or termination of contract on the grounds of ill health following receipt of such advice from the Occupational Health Department (see below) Formal Stage 2 Advisory Interview No Underlying Health Problems Where there is no underlying health problem and if there has not been a sustained improvement in the employee s attendance during the review period at Formal Stage 1, a further Advisory Interview should be arranged. The employee should be given five working days notice of the hearing, advised of their right to representation in accordance with the Trust s Right of Staff to be Accompanied Policy and an HR advisor should be present. The causes and frequency of the absence should again, be discussed and, if necessary, a health assessment or further health assessment may be obtained. The employee should be given a second opportunity to improve their attendance record against the expected standards. A further period of review would be agreed and the employee s attendance would be monitored for an appropriate period (over a period of up to 3 months) and reviewed either within or at the end of the period, depending on the standards of attendance achieved. The employee must be informed of the consequences of further failure to improve their attendance and that, if the expected standards of attendance have not been achieved, further action would be taken up to and including dismissal. This must be confirmed in writing following the Advisory Interview Formal Stage 2 Advisory Interview - Underlying Health Problems Where there is an underlying health problem, and: a) if there has not been a return to work, or b) there has been no sustained improvement in the employee s attendance as a consequence of the Advisory interview, or c) the Occupational Health advice is that the individual is not fit to undertake their role for the foreseeable future, a further Advisory Interview should be arranged. An HR representative will, at this stage, be present at the meeting. The employee may be represented by a trade union representative or a workplace colleague. The arrangements for the meeting should be confirmed in writing to the employee. Five working days notice of the meeting will be given in writing. The causes and frequency of the absence should again, be discussed and, if necessary, a further health assessment may be obtained. The aim of the meeting is to consider, with the employee, the range of options that might be available as alternatives to the termination of their contract on the grounds of capability. The employee should be given five working days notice of the hearing, advised of their right to representation in accordance with the Trust s Right of Staff to be Accompanied Policy and an HR advisor should be present. Circumstances will determine the range of options available, but these may include: a) any opportunities for permanent or temporary duties within the employee s capabilities elsewhere in the Trust. b) the possibility of changing working arrangements or environment on an established temporary basis retraining where applicable and appropriate. c) the possibility of voluntary retirement or retirement on the grounds of ill health. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 11 of 16

12 d) arrangements for a return to work if the assessment indicates a return immediately or in the foreseeable future and an ability to undertake full duties. e) a further health assessment if doubt prevails. A reasonable timescale should be set to explore these alternatives and sufficient time be given for the employee to consider the options. The employee should be informed in writing of the actions to be pursued and the timescale over which they would be considered. At this stage, the employee will also be informed that if there continues to be no sustained satisfactory improvement in attendance, or the range of options explored cannot be realised, a formal hearing will be arranged and this could lead to termination of employment on the grounds of capability Formal Hearing In the event that the employee s absence has not improved and the Trust s procedures have been exhausted, a formal hearing will be convened. Management will submit a full report of the actions taken to manage and support the absence issue to the Chair of the formal hearing. The Chair will consider any mitigating circumstances presented. The Formal Hearing will be based on the procedure outlined in Appendix 2. The decision of the hearing must be confirmed in writing to the employee within 5 working days of the hearing. Where the employer terminates the contract, this will be on the grounds of capability, either because: a) there is an underlying health problem and no likelihood of improvement or return to normal or adjusted duties, or b) the unrelated episodes of ill health are believed to be genuine but levels of attendance continue to be unacceptable. Abuse of sick pay benefits, unauthorised absence, failure to follow the procedure and any other misconduct associated with absence will come under the scope of the Trust s Disciplinary Policy and Procedure Formal Hearing Panel Membership & Hearing Attendees The case will be heard by the line manager s manager or a senior manager who has not been previously involved in the case and who has authority to dismiss. Details of managers with authority to dismiss are set out in the Trust s Disciplinary Policy and Procedure. The Chair of the hearing will be supported by a HR representative. The line manager will present the case. The employee has the right to be supported by a trades union/staff representative or a workplace colleague in accordance with the Trust s Right of Staff to be Accompanied Policy Where considered necessary, a person with specialist knowledge in the field of work of the employee or a professional assessor will be invited to join the panel to give advice on matters relating to the professional or technical competence of the employee. Employees are required to attend formal meetings under the Managing Attendance and Absence policy. If the employee is unable to attend the meeting, a decision may be taken to proceed with the meeting in the employee s absence. The situation may occur if either the employee has not attended a pre-arranged meeting on more than one occasion or there is Occupational Health advice to confirm that the individual is not fit to attend. A written statement can be submitted by the employee if they are not fit to attend the hearing. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 12 of 16

13 If a formal hearing is arranged but appropriate representation cannot be obtained, the employee may request for the meeting to be rescheduled and they should provide to the line manager details of alternative dates and times over the five days following the original date of the meeting that they and their representative/ companion will be available. Failure to do so may then mean the meeting being rescheduled without regard to the employee and their representative s/companion s availability. The hearing may take place in the employee s absence if they have failed to attend once before due to Trade Union non-attendance Dismissal When an employee is dismissed on the grounds of incapability under the Sickness Absence Procedures, contractual notice will be given or statutory notice if greater. Staff may be given either pay in lieu of notice or a paid notice period depending on the circumstances. When there is clear medical evidence (such as a report from Occupational Health) that an employee will not be fit to return to work then a dismissal may be made before the expiry of occupational sick pay, subject to an appropriate period on the Trust s Redeployment Register if appropriate Right of Appeal An employee has the right to appeal the decision of the Formal Hearing. The appeal must be made in writing to the Director of HR within 28 calendar days of the date of the letter of notification, giving their full reasons for the appeal. Failure to comply with this requirement may mean that an appeal is not heard. The procedure to be followed at an appeal hearing is as set out in the Trust s Disciplinary Policy and Procedure. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 13 of 16

14 12. Appendix 2 - Flowchart for Managing Non Attendance and Absence from Work Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 14 of 16

15 13. Appendix 3 Formal Hearing Procedure 1. The manager will present the case in the presence of the employee and his/her representative and may call witnesses. 2. The employee and his/her representative will have the opportunity to ask questions of the manager and any witnesses. 3. Members of the panel will have the opportunity to ask questions of the manager and witnesses. 4. The manager will have the opportunity to re-examine his/her witnesses on any matters raised by the employee, his/her representative or members of the panel. 5. The member of staff or his/her representative will present their case in the presence of the manager and may call witnesses. 6. The manager will have the opportunity to ask questions of the employee, their representative and any witnesses. 7. Members of the panel will have the opportunity to ask questions of the employee, his/her representative and witnesses. 8. The employee or his/her representative will have the opportunity to re-examine their witnesses on any matters raised by the manager or members of the panel. 9. The manager and the employee or his/her representative will have the opportunity to sum up their cases, with the employee or his/her representative having the right to speak last. Neither party can introduce any new matters pertaining to the case at this summing-up stage. 10. The manager, employee and his/her representative shall depart from the immediate panel venue. 11. The panel shall deliberate in private on the evidence presented. Where there are points of uncertainty they will recall both parties, irrespective of which of them has the points which need to be clarified. 12. Where possible, the full panel will be reconvened and the Chair will verbally deliver the decision, which will be confirmed in writing within 5 working days of the hearing. 13. The employee and his/her representative will be advised verbally and in writing of their rights of appeal. Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 15 of 16

16 Version History Version Date Revision description Editor Status 1.0 May 2004 Version approved by the Board May 2004 LN Approved Nov 2007 Version approved by the Board AM Approved May 2011 Policy approved by QHCG on 10 May 2011 TW Final Nov 2011 Amendments agreed by QHCG on 1 November 2011 with no change in review date Oct 2011 Extension to One Year Review date to 30 November 2012 approved by Q&HCG on 10 May Previously agreed by MWMG on 11 April 2012 and GNG on 27 March Nov 2012 Extension of expiry date until 30 June 2013 agreed by ESEC May 2013 Revised extension date to 30 September 2013 agreed by ESEC Sept 2013 New policy agreed by GNG on 30 August 2013 and ESEC on 12 September 2013 with a one year review date TW KE TW TW TW Approved Approved Approved Approved Approved April 2015 Admin amendments SM Approved May 2015 Extension of review date by Employee Strategy and Engagement Committee HD Approved August 2015 Minor amendment to Appendix 1 addition of rolling to Introduction, point a, or more in a rolling calendar year HD Approved Policy converted to current document format. Correction of Director of HR to Director of Resources under section January 2016 Review date extended to 30 June 2016, as approved by Quality and Standards Committee HD Approved Managing Attendance and Absence Policy Review date: 25/08/2015 Version No: 4.3 Page 16 of 16