BCH01/006 Attendance Management Procedure 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 1 of 47
TABLE OF CONTENTS 1. PROCEDURE AIM... 3 2. APPLICABILITY... 3 2.1 Inclusions... 3 2.2 Exclusions... 3 3. PROCEDURE DETAIL... 4 4. TRAINING AND ACCREDITATION REQUIREMENTS... 37 5. ASSOCIATED DOCUMENTATION... 37 5.1 Legislation/ National Guidance... 37 5.2 Strategy/ Plan... 38 5.3 Policies... 38 5.4 Procedures... 38 5.5 Forms (National/ Local)... 39 6. WHO TO CONTACT ABOUT THIS PROCEDURE... 39 7. EQUALITY ANALYSIS... 39 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 2 of 47
1. PROCEDURE AIM NOT PROTECTIVELY MARKED 1.1. The aim of the procedure is to provide an effective framework for the management of sickness absence, to support Officers and Staff in attending work and to deal with absence in a fair and consistent manner to ensure that attendance at work is maximised. The procedure and guidance documents provide guidelines for the successful handling of short and long term sickness absences from work. 2. APPLICABILITY 2.1 Inclusions 2.1.1 This procedure will apply to all Police Officers and Police Staff (whether employed full-time or part-time, fixed term, permanent, seconded or on a temporary basis who are employed by Bedfordshire, Cambridgeshire, Hertfordshire Police Forces and Police Authorities) and includes staff in their probationary period and Apprentices. This procedure should be read in conjunction with the appropriate Attendance Management guidance documents. 2.2 Exclusions 2.2.1 This procedure does not apply to agency staff and volunteers and will not apply in the event of an emergency, e.g. pandemic, contingency plans will be put into operation. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 3 of 47
3. PROCEDURE DETAIL 3.1. Line managers have the day to day responsibility for the management and welfare of their staff. They have a responsibility to ensure that attendance at work is maximised through the proactive management of sickness absence and to deliver attendance management procedures. Whatever the underlying cause for, absence is most effectively managed when managers and staff work together. Advice and support for managers are available from the HR department and staff associations Unison and Police Federation. 3.1.1 This procedure outlines attendance management activities to be taken following periods of short and long term sickness, during periods of sickness and refers to the management of unsatisfactory levels of absence. 3.1.2 Every Officer and member of Staff has a responsibility to ensure compliance with the policy and associated procedures. Abuse or failure to follow agreed policy and procedures may result in disciplinary action. Sickness absence may have an effect on pay and will be taken into account for all processes including recruitment, selection and extensions of service. 3.2 Recognising good Attendance 3.2.1 For individuals who have achieved an attendance level that has not hit an attendance trigger within the performance review year, reference to this should be made in the PDR at the end of year review. 3.3 Actions following individual reporting sick 3.3.1 When an individual is absent from the workplace due to sickness, it is important for the line manager to take appropriate supportive measures to ensure that each person is given the care and support from the organisation that they need to maintain a satisfactory level of attendance. 3.4 Return to Work Meeting 3.4.1 Regardless of the length of absence, a return to work meeting should be carried out at the earliest opportunity between the line manager and the individual, preferably on the individual s first day back at work. Please note this is a supportive measure and is not part of the Capability or Unsatisfactory Performance Procedures. Please refer to Appendix a - Return to Work Meetings. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 4 of 47
3.4.2 Step 1 - Attendance Trigger Points Informal and Formal Attendance Management 3.4.3 Where a person has reached an attendance trigger, this procedure and associated procedures will be used to facilitate an improvement in attendance. 3.4.4 The aim of managing sickness absence is to seek to maximise attendance at work. As part of good day-to-day management practice, line Managers should take early action by bringing unacceptable levels of absence to a member of staff s attention, identifying any work-related or other underlying problems affecting attendance and identifying appropriate support and action to help bring about an improvement. For fairness and consistency of approach to attendance management, attendance triggers have been set, at which management will consider the level of absence and take appropriate supportive measures. 3.4.5 The management of long term sickness will be conducted in accordance with the Capability Procedure for Police Staff and Unsatisfactory Performance Procedures (Attendance) (UPP) for Police Officers. However the standard arrangements should be adapted to the circumstances of the case. 3.4.6 Please refer to the guidance within Appendix b - Managing Short-Term Absence which includes information on attendance triggers and also Appendix c - Managing Long Term Absence Flow Diagram with regards to informal and formal attendance management. 3.4.7 Please refer to the BCH Tri Force Police Staff Capability Procedure or the Police Officer Unsatisfactory Performance Procedures within each Force for guidance on the process to be followed if an individual meets an attendance trigger. (Bedfordshire, Cambridgeshire and Hertfordshire Police Staff Capability Procedure (BCH01/007) and the Bedfordshire Police Officer Unsatisfactory Performance Procedure (H093); Cambridgeshire Police Officer Unsatisfactory Performance Procedure and the Hertfordshire Police Officer Unsatisfactory Performance Procedures (P60081_S3). 3.4.8 Absences related to health issues such as IVF are covered in other associated procedures. Please refer to the additional guidance below which details on which procedures will apply for each force Appendix d Additional Force Related Information. 3.5 Reporting and Recording Sickness Absence and Maintaining contact during absence 3.5.1 Individual s Responsibilities Individuals who are unable to attend work due to sickness should make telephone contact with their line manager or other designated person at the earliest opportunity to report the circumstances of their absence. This contact should not normally be made by e-mail or text or made by a third person unless in exceptional circumstances and a phone call will be made by the individual absent at the earliest opportunity. Where the line manager is not available, the individual should speak to either the second line manager or a nominated contact within the department e.g. Inspector in the Force Control Room. Individuals should give an indication of the likely duration of the absence, agree when they will next make contact, ensure the line manager has up to date contact details and ensure agreed contact is maintained. During periods of absence, an individual must maintain contact with the organisation. In most situations this will be with their first line manager however there may be exceptional circumstances where this would not be 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 5 of 47
appropriate. In such cases a nominated individual will be agreed and contact must be maintained with that nominated person. If an individual resists or refuses agreed contact with the line manager (or nominated person) this could result in disciplinary action being taken or action through UPP/Capability procedures, following advice from HR. This could also have an impact on pay. Please refer to the guidance on how individuals report sickness absence for each force Appendix d Additional Force Related Information. 3.5.2 Line Manager s Responsibilities Managers will monitor the likely return to work date, agree when the next contact will be made and contact the individual should the individual not make contact at the agreed time and offer any support or assistance required. The sickness absence for full day s absence should then be recorded without undue delay. Managers should clarify with the individual whether the absence is specifically related to an existing disability, pregnancy or an injury on duty. If so, this must be stated on the sickness absence record. Depending on the reason for the absence, the manager may also want to discuss whether the individual will be obtaining a fit note, whether any adjustments can be made to enable an early return to work, whether there are any work related factors impacting on the absence and any further support required e.g. a referral to the Health and Wellbeing department. In certain circumstances it may be appropriate for the line manager to complete a Management Referral to Health and Wellbeing on day one of the individual reporting sick. Such circumstances could include when an individual is absent due to stress primarily work related. Please refer to further guidance on management referrals. During periods of absence, it is important that line managers maintain regular contact. The frequency and nature of the contact should be considered on an individual basis depending on the length of absence and the nature of the illness and agreed between the line manager and individual. Appropriate contact may for example, take the form of telephone calls, meetings at or outside of work, home visits or hospital visits by prior arrangement (in exceptional circumstances) to: - offer support to the individual - seek information on how the individual s recovery is progressing and any details in relation to GP/Specialist treatment. - seek views on when they believe that they will be able to return to work, inform the individual that they will be referred to Health and Wellbeing if appropriate. - Advise them of the importance of maintaining regular contact 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 6 of 47
3.6 Remind them that they need to submit Fit Notes. Please refer to guidance on how managers record sickness absence and how welfare contact should be recorded for each force Appendix d Additional Force Related Information. 3.7 Time Off for Medical Appointments 3.7.1 Individuals are expected to attend personal, medical, dental or optician's appointments in their own time, with the exception of cancer screening. If there are circumstances where the individual is unable to arrange an appointment outside of working hours, the individual should discuss with their line manager and agree how the time taken will be accounted for. Please refer to the maternity procedure for guidance on anti natal appointments. For individuals covered under the Equality Act 2010, please refer Appendix e - Disability Guidelines 3.8 Sickness certification 3.8.1 Individual s Responsibilities 3.8.2 If an individual remains off sick for up to 7 consecutive calendar days they will not be required to obtain a fit note, unless the circumstances are exceptional and this option has been withdrawn, following advice from HR. 3.8.3 After 7 calendar days of absence, a fit note from a medical practitioner will be required. This will either indicate that the individual is unfit for work or is fit for certain types of work and, in this latter case, the expectation will be that the individual will return to work on restricted duties. It is important, therefore, that individuals consult with their GP to fully explain the nature of their work to ensure their GP is able to male appropriate recommendations regarding whether the individual is able to return to work with certain restrictions. Individuals are encouraged to discuss return to work plans with their line manager to identify other options available to them on their return to work and then liaise with their GP to make them aware of this. Please see guidance for recuperative and restricted duties for further information. Bedfordshire s Recuperative and Restricted Duties Procedure (H066); Cambridgeshire s Recuperative and Restricted Duties Policy and Procedure and Hertfordshire s Recuperative and Restricted Duties Procedure for Police Officers and Police Staff. 3.9 Please refer to the link for guidance on where individuals should send Fit notes for each force Appendix d Additional Force Related Information. 3.9.1 Line Manager s Responsibilities 3.9.2 Line managers should ensure that the individual submits a fit note for all absences over 7 consecutive days, inclusive of rest days. 3.9.3 If an individual does not provide the required fit note promptly they should be reminded of this requirement by their line manager and asked to submit one within the next 7 days. For Police Staff, failure to do so could lead to an unauthorised absence. For Police Officers, if a fit note is still not produced, senior management will be informed of the situation and it may be considered as unauthorised. Following the above procedure, if a Fit Note is subsequently produced covering the relevant period, pay will be re-instated. Please refer to section 3.18 on Unauthorised Absence for further information. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 7 of 47
3.10 Referral to the Health and Wellbeing Department and Appointments 3.10.1 A referral to Health and Wellbeing may be appropriate at any stage. Health and Wellbeing will be able to provide managers with advice on the likely length of the absence, possible courses of action, including potential reasonable adjustments which could be made to support people in remaining at work and helping people back to work following periods of sickness. 3.10.2 Line Manager s Responsibilities 3.10.3 The line manager will normally make a referral to Health and Wellbeing in the following instances: Where an absence is due to stress, depression, anxiety or any other psychological illness. Please see the Stress Management Policy for each Force for further information. Bedfordshire Stress Management (H001), Cambridgeshire s Stress Management Policy and Procedure and Hertfordshire s Stress Management Procedure (P60087_S1). Where a person has received an injury on duty and is subsequently absent. If during the course of any meeting including the informal supportive action meeting, an individual identifies that he or she has an underlying medical condition that may be contributing to absence levels, or poor performance. Before proceeding to the Second Stage Formal meeting of the Capability Procedure or UPP. 3.10.4 In a case of frequent short term absence medical guidance is needed to identify any underlying issues. 3.10.5 Where a person has more than 28 calendar days continuous sickness absence. 3.10.6 Where a person is preparing to return to work, in order to ensure that this will not cause the person's recovery to be impaired and to ensure that appropriate recuperative duties are identified. 3.10.7 Following Health and Wellbeing referrals in all instances above, the necessary support will be identified and a recuperative plan developed to support a return to full duties. All Health and Wellbeing referrals should be made in a timely manner. 3.10.8 There may be circumstances where line managers consider it appropriate to apply discretion and not make a referral in a particular case. This should be discussed with and guidance sought from HR. 3.10.9 It is the line manager s responsibility to monitor the wellbeing and attendance of their teams and advice can be sought from HR or Health and Wellbeing prior to a referral being made. Line managers should firstly consider if the individual has sought assistance through their GP and should be clear on what advice/assistance they are seeking through Health and Wellbeing. Managers and individuals should note that the individual s GP is their primary medical support. Where a medical review is required, the line manager must discuss this with the person and complete a Referral Form. 3.10.10 Following a referral being made, Health and Wellbeing will assess the impact of the individual s health on the ability to work and advise on any appropriate support and reasonable adjustments for the individual. This will include 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 8 of 47
any reasonable adjustments that can be made to support the individual. Health and Wellbeing will then provide a copy of the medical report to all relevant parties following the appointment with the agreement of the individual. 3.10.11 Following receipt of a management report from Health and Wellbeing, the line manager will meet with the individual to discuss the content of the report and take action as appropriate taking into account Health and Wellbeing advice. In some circumstances it may be appropriate for the HR representative and staff associations to be present at this meeting with the agreement of the individual. 3.10.12 Individuals can refuse to give permission for access to their medical records or Health and Wellbeing referral. However, in such circumstances Health and Wellbeing will provide a report on the medical information available to them at the time and the force may take action based on this information, which could potentially encourage the individual to disclose any relevant medical information. 3.10.13 In some cases, Health and Wellbeing may advise that an individual is fit to return to work, without supporting documentation from their GP, but they remain absent, therefore it may be appropriate to use the Capability Procedure/UPP. The GPs view will be taken into account in making any decisions regarding individual cases however Health and Wellbeing are able to override advice given from GPs. 3.10.14 Individual s Responsibilities 3.10.15 Following a management to Health and Wellbeing, individuals will normally be required to attend an appointment. The purpose of this appointment may include establishing facts around a condition or advice and guidance on restricted/recuperative duties. 3.10.16 The individual should ensure they liaise with their line manager to manage their work load to enable their attendance at the appointment. 3.10.17 It is understood that there may be exceptional circumstances that mean an appointment has to be cancelled and rearranged sometimes at short notice. To enable Health and Wellbeing to work as effectively as possible and to give the best possible service, individuals are asked to give as much notice as possible if they are unable to attend. 3.10.18 In cases where no reasonable explanation is given for the non-attendance or where the individual repeatedly misses appointments, further action may be considered. Cases will be looked at on an individual basis and their full situation and advice from Health and Wellbeing will be taken into account. Having considered all of the above, a decision may be made that the individual, by not attending appointments, has declared themselves fit to return to work or in cases of restricted/recuperative duties declared them fit for full duties. It is expected that individuals will cooperate and attend Health and Wellbeing appointments and do not wilfully obstruct the process. However if this is not the case, it may be appropriate to commence misconduct/capability procedures/upp. 3.11 Medical Suspensions 3.11.1 In the situation where an individual confirms themselves fit or is confirmed fit for work by their GP, but the line management or Health and Wellbeing does not agree that they are fit to return to work and perform their role then the individual may be subject to a medical suspension. In this case the individual will be required to remain at home on full pay whilst the situation is reviewed. Medical suspension will be regarded as a short-term measure. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 9 of 47
3.11.2 In all cases, the individual will be required to attend an appointment to be assessed by Health and Wellbeing to review the individual s fitness to return to work. There may also be a requirement for a case meeting to be arranged to discuss fitness for work prior to the individual s return to work. This meeting may include an Health and Wellbeing Practitioner if appropriate. 3.11.3 The outcome of this case meeting could be: a return to full duties a return on recuperative duties (which may include temporary redeployment to another role or work area) confirmation that the person cannot return to work. In this situation Health and Wellbeing may need to contact the individual s GP to discuss the situation and agree the most appropriate course of action for the individual. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 10 of 47
3.12 Disability Guidelines NOT PROTECTIVELY MARKED 3.12.1 Disability as defined by the Equality Act 2010 as when a person has a physical or mental health impairment, which has a substantial and long term adverse effect on that person s ability to carry out normal day to day activities. In some cases e.g. HIV, Cancer and Multiple Sclerosis this definition does not apply and the individual has a disability in relation to this Act from the point of diagnosis. Please see Section 6 below the Equality Impact Assessment for further details. 3.12.2 Under the provisions of the Act the employer has a duty to take reasonable steps to prevent a disabled person being placed at a disadvantage in comparison with persons who are not disabled. This is known as making reasonable adjustments. 3.12.3 Managers need to take account of any disability a person may have when considering their attendance record. This means that while the sickness absence will not necessarily be discounted for monitoring purposes, the triggers for undertaking action under the Attendance Management Procedure may be adjusted under the Equality Act. Please refer to Appendix e - Disability Guidelines for further information and the appropriate Force reasonable adjustments guidance. 3.12.4 The Special and Compassionate Leave Policy (H036) (Bedfordshire Police), Discretionary Leave procedure (Cambridgeshire Constabulary), Special Leave procedure (P60109) (Hertfordshire Constabulary) outlines circumstances where line managers have the discretion to allocate time away from the workplace for individuals with disabilities. 3.12.5 For Police Officers and Staff attending rehabilitation during a period of sickness absence, the visit will be recorded as sickness absence. For those who attend following a return to work, the absence will be regarded as Discretionary/Special leave. 3.13 Individuals within their probationary period 3.13.1 Line managers will closely monitor the attendance of all individuals during their probationary period. Where the sickness absence level is unacceptable or a pattern emerges the line manager may instigate action through the Police Staff Capability Procedure or Regulation 13 in the case of Police Officers even if the trigger points have not been reached. An individual in their probationary period may ultimately have their employment terminated if their attendance is unsatisfactory. 3.14 Considerations 3.14.1 During the informal management support stage there will be no effect on pay or recruitment decisions. 3.15 Police Officers 3.15.1 Attendance records will be reviewed and assessed on receipt of Competency Related Threshold Payment applications, recruitment and promotion board applications, secondments and postings. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 11 of 47
3.15.2 Any Officer who is under the formal stages of the Unsatisfactory Attendance Procedure will not be eligible for CRTP or if they are already in receipt of this will have it withdrawn from the date of the formal meeting. Payments will be restarted immediately following an Officer s removal from the formal procedure. 3.15.3 An Officer, who is regularly in receipt of an allowance to meet an expense that ceases during his/her absence form duty, will continue to be paid the allowance during absence from duty to illness or injury for 3 months. 3.15.4 For an Officer in an acting position e.g. acting promotion or secondment, it will be considered whether they will revert to the pay of their substantive rank after a period of 3 months continued absence, unless the period was due to cease earlier in which case they will revert back to their substantive pay at the earlier date. 3.16 Police Staff 3.16.1 Police Staff under the formal stages will be ineligible for additional or discretionary increments in the same PDR year and will be ineligible to apply for a career break or extended unpaid leave. A view will be taken over a 2 year period to smooth out effects of specific circumstances, e.g. one off illnesses. Please note this does not related to the annual increments received. 3.16.2 If an individual is in a temporary position e.g. temporary promotion or secondment, it will be considered whether they will revert to the pay of their substantive grade after a period of 3 months continued absence, unless the period was due to cease earlier in which case they will revert back to their substantive pay at the earlier date. 3.16.3 If an individual is on reduced hours after 3 months of returning to work, the following options may be considered depending on the circumstances and the nature of the illness taking into account the Equalities Act 2010 and the progress made by the individual during the monitoring period: A temporary or permanent work-life balance may be negotiated if this is the right solution for both the individual and the department. A permanent reduction in hours may be agreed if this is suitable for both the individual and the department. If neither of the above can be accommodated and therefore a reduction in hours cannot be sustained, the individual will be managed through the Capability procedure. 3.17 Recruitment 3.17.1 Applications will be rejected for any of the following reasons: 3.17.2 If they are considered not to be medically fit and reasonable adjustments cannot be made for the post for which they are applying. If any sickness absence has resulted from the individual unreasonably failing to follow medical advice. This will be decided on a case by case basis. Where an Officer has been under a formal stage of the Unsatisfactory Performance Procedure or for Police Staff the formal stage of the Capability Procedure within the previous 12 months. This will be considered on a case by case basis taking the circumstances into account. 3.17.3 If there is an underlying medical condition which has contributed to the sickness absence for which the individual has received or is receiving treatment then the application will be able to progress providing the post applied 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 12 of 47
for will not exacerbate the medical condition or prevent the individual from effectively carrying out the requirements of the role, with reasonable adjustments if required (Equality Act). 3.18 Unauthorised absence 3.18.1 Individuals who, without good reason, fail to follow the procedures for reporting sickness absence, or fail to provide Fit Notes to cover the relevant period of absence, or individuals that claim that they are sick when they are not will be regarded as having taken unauthorised absence and deductions may therefore be made to their pay. Although each case should be considered on an individual basis, it is likely to lead to action under disciplinary procedures. 3.19 Sick Pay 3.19.1 For further information on extensions to sick pay entitlements please refer to the following for each Force: 3.19.2 For Bedfordshire Officers and Staff, please refer to Appendix f - Bedfordshire Police - Consideration of extensions of pay entitlement during Sick Leave. 3.19.3 For Cambridgeshire Officers and Staff, extensions are discussed at a local level at Senior Management Team Meetings. 3.19.4 For Hertfordshire Constabulary Officers and Staff, please refer to Appendix g - Hertfordshire Constabulary - Consideration of extensions of pay entitlements during sick leave. 3.20 Police Officer Sick Pay Regulations 3.20.1 Please refer to Police Officer Regulations. 3.21 Police Staff Sick Pay Entitlement 3.21.1 Please refer to the Police Staff Handbook for each Force for further detail (Bedfordshire Staff Handbook (H072) Cambridgeshire Police Staff Handbook, and Hertfordshire Staff Handbook Entitlements can be extended under certain conditions. Please also refer to the Police Staff Council Handbook for further information. 3.22 Confidentiality 3.22.1 All individuals have a responsibility to maintain the confidentiality of information both medical and personal, in their possession. 3.22.2 If at any time it is considered that disclosure of particular information would be in the best interests of the individual and/or the force, this will be decided on an individual basis taking all circumstances into consideration. Where this is the case the individual will be consulted with. 3.22.3 Matters relating to health and/or medical conditions will only be made available to those who need the information with the individual s agreement. 3.22.4 Where an individual considers the nature of their illness to be confidential they should be encouraged to disclose brief details to their line manager. They should be encouraged to disclose further details to a member of Health and Wellbeing if requested. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 13 of 47
3.22.5 All information should be protected to the Restricted level and is subject to the Force Data Protection Policy. 3.23 Monitoring 3.23.1 The force will keep accurate records on absence to ensure the data stored is meaningful and can be used to aid the effective management of sickness absence. Monitoring of individual and force performance will be conducted at both a local and corporate level. 3.23.2 Regular force wide monitoring of attendance levels will ensure that in addition to individual records of concern being highlighted, other trends and patterns may be investigated within departments and divisions. 3.24 Appendix a - Managing Short-Term Absence Police Officers and Police Staff BACK Return to Work Meeting to be conducted after any period of absence 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 14 of 47
A return to work meeting is an essential part of good absence management and reinforces the organisations commitment to maintaining high attendance levels. It gives the manager an opportunity to affirm that the member of staff has been missed and identify any potential issues in relation to the absence. Please note this is a supportive measure and is not part of the Capability or Unsatisfactory Performance Procedures. Line managers should undertake a return to work meeting following any period of sickness absence. The line manager should conduct this meeting at the earliest opportunity, preferably on the individual s first day back at work. The meeting must be arranged in a place away from colleagues. The environment should, at the very least, be quiet and must offer a level of confidentiality. The following gives guidance for line managers on how to conduct the meeting: Establish that the individual is fit to return to work and they have recovered or have made the necessary arrangements to attend work on a recuperative basis. Explore any underlying issues relating to the absence Demonstrate that the individual s absence was noted Offer any support that may be appropriate Remind them that they can self-refer to a Welfare Advisor in the Health and Wellbeing department if appropriate Allow the individual to raise any issues that may be affecting their ability to attend work Where appropriate line managers should consider if any reasonable adjustments are required. This may also involve carrying out a standard or stress risk assessment. Discussion should take place regarding any restricted/recuperative duties that are agreed for the individual on their return. The line manager should ensure that Resource Management Units are updated if there is an impact on duties. This should only include details of the restrictions and not medical information. It is essential that return to work interviews should be conducted consistently with everyone, not just for individuals with a poor attendance record. The Return to Work Interview Form must be fully completed after every occasion of absence. If an individual hits one of the short-term absence triggers (4 periods of absence in a rolling 12 month period, or 8 days absence over at least 2 occasions or where there is a pattern to the absences). It may be appropriate to commence the Unsatisfactory Performance Procedure (Police Officers) or Capability Procedure (Police Staff) and determine supportive action with a view to improving attendance. Please refer to the specific procedures for further guidance within Appendix i. It may be appropriate for this to be discussed at the return to work meeting or a separate meeting. Line Managers should seek advice from HR before commencing any action, whenever an individual has hit one of the short-term triggers. There is additional guidance for the management of psychological illness. Please click on the link for further guidance within Appendix i. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 15 of 47
Please note that individuals in Bedfordshire Police and Hertfordshire Constabulary can access further support and guidance via the Constabulary s Employee Assistance Programme (EAP). The EAP offers a range of practical, independent advice and counselling services including guidance on issues including finances and debt advice, family and relationships, bereavement, work life and health and wellbeing. You can contact the EAP by telephone on 0800 282 193, email or by visiting www.ppconline.info. 3.25 Appendix b - Managing Short-Term Absence Police Staff and Police Officers BACK Step 1 Attendance Trigger Points - Informal Management Support All cases will be considered on an individual basis and there may be reasons in exceptional circumstances, why it would not be appropriate to commence the Capability Procedure or UPP even if the triggers are hit. Line managers should seek advice from their HR representative if further advice is required. The short term triggers are: 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 16 of 47
NOT PROTECTIVELY MARKED 4 periods of absence in a rolling 12 month period, or 8 days absence over at least 2 occasions in a rolling 12 month period, or When there is a significant pattern to the absences When an individual hits one of the above triggers, a significant pattern to their absence has been identified, or there are issues with the agreed recuperative plan, then the line manager should review this as detailed below. Absence records are recorded and maintained within HR and line managers will be notified when a member of their team has hit the above triggers. However if the line manager has concerns over an individual s absence levels then they should raise this with HR so a way forward can be discussed. If an individual is already being managed through the Capability Procedure or Unsatisfactory Performance Procedure (UPP), it is the line manager s responsibility to identify and review any further action that may be needed, if an individual has a further absence. Examples of patterns of sickness may include: absence on the same day of the week; absence on the same shift pattern; absence following a notified shift change; absence during a rejected period of leave; absence following a dispute/conflict situation; absence on the first and/or last day of shift; Should an Informal Capability or UPP meeting need to be arranged due to an individual hitting a trigger, this informal meeting should be set up as soon as possible following the return to work. Please refer to the BCH Tri Force Police Staff Capability Procedure or the Police Officer Unsatisfactory Performance Procedures within each Force for further information on these meetings and guidance on the approach to take where a line manager has concerns about an individual s attendance. (Bedfordshire, Cambridgeshire and Hertfordshire Police Staff Capability Procedure (BCH01/007) and the Bedfordshire Police Officer Unsatisfactory Performance Procedure (H093); Cambridgeshire Police Officer Unsatisfactory Performance Procedure and the Hertfordshire Police Officer Unsatisfactory Performance Procedures (P60081_S3). There is additional guidance for the management of psychological illness Appendix i. There are circumstances when an informal management support meeting is inappropriate, for example, when management are aware that the member of staff is awaiting surgery, is temporarily receiving medical treatment, which is causing side effects, reasonable adjustments are being agreed to allow the individuals to continue working. These examples are not an exhaustive list. Other than in exceptional circumstances the expectation is that an informal management action meeting will take place. Guidelines on how to conduct an informal management action meeting are within the Capability Procedure/UPP. It should be remembered that the objective of informal management support is to identify the possible reasons for unsatisfactory attendance and where possible agree supportive measures that will help the individual improve to the expected standard within a reasonable timeframe The purpose of the informal meeting is to bring the matter to the individual s attention, give an opportunity to identify means for improvement and agree any support that may be offered. The line manager will consider what action is appropriate by reviewing the individual case, including the attendance record, and take into account extenuating circumstances and any issues. In the case of an individual already being managed through the Capability Procedures and due to further absence a review meeting is brought forward, this meeting should be arranged as soon as possible of the return to work. Step 3 Formal Management Action 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 17 of 47
If informal measures have failed to bring about the necessary improvement in the individual s attendance or there has been insufficient progress through an agreed recuperative duties programme within the set time scale, all circumstances should be considered and consideration should be given to progressing to a formal meeting. Please refer to the Capability Procedure for Police Staff and the Unsatisfactory Performance Procedure for Police Officers for further guidance on formal management action. (Bedfordshire, Cambridgeshire and Hertfordshire Police Staff Capability Procedure (BCH01/007) and the Bedfordshire Police Officer Unsatisfactory Performance Procedure (H093); Cambridgeshire Police Officer Unsatisfactory Performance Procedure and the Hertfordshire Police Officer Unsatisfactory Performance Procedures (P60081_S3). In all cases advice from your HR team should be sought before taking any formal action. 3.26 Appendix c - Managing Long Term Absence Flow Diagram BACK This flow chart provides a summary of each step of the process for managing long term absence. This also includes line managers responsibilities and activities. Line managers are required to familiarise themselves with the full Attendance Management procedure. Support is available at any point through your HR Advisor, Health and Wellbeing Department and Support groups. In cases of long term absence, where the individual is unlikely to be able to return to the workplace within a 6 month period or there is unlikely to be sufficient recovery from the illness to enable a return to work in the foreseeable future, management of the case will be handled under the Capability Procedure/UPP. The approach will be sensitive in terms of letters sent and visits made to individuals but warnings under the Capability/UPP Procedure will continue to be issued. Each case however will be considered on an individual basis. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 18 of 47
See Flow Chart below: NOT PROTECTIVELY MARKED If sickness absence lasts for 28 days or more this will be classed as a long term absence Line manager to ensure that welfare contact is in place throughout absence. Welfare contact form to be completed by line manager. Welfare support is also available through Health and Wellbeing and Staff Associations. Home visits to be arranged only in exceptional cases. HR will send the line manager a trigger email to initiate a Welfare Support Meeting to be arranged after 4 weeks of the absence (unless expecting an imminent return to work). A Health and Wellbeing Referral can also be made in appropriate circumstances at the relevant time. Welfare Support Meeting is held. Case Meeting (see appendix H) to be arranged around 4 weeks after the Welfare Support meeting to discuss and agree a return to work plan and may include temporary measures to support individual to return to full duties or to review restrictions if already returned to work. Informal Capability/UPP may be considered at the appropriate time Appendix c - Managing Long Term Absence Flow Diagram dependant on the individual case. These meetings will be carried out with the support and advice of the HR Advisor. Health and Wellbeing will be present in complex cases. Further case meetings (see appendix H) to be arranged if necessary to discuss return to work or to review restrictions/adjustments made with a view to returning to full duties/substantive role. Further Capability/UPP meetings may also need to be arranged. Ill health retirement may be also be considered at this stage. If formal management action is required for police staff who are absent for a longer term, it may be appropriate to move directly to the final stage of the Capability procedure (hearing), without recourse to earlier stages especially where an ill-health pension has been approved and there is no foreseeable prospect of a return to work. Please discuss with HR prior to making this decision. 3.27 Appendix d Additional Force Related Information BACK Reporting and Recording Sickness Absence and Maintaining contact during absence Recording Sickness Absence All full day absences are to be recorded and part day absences will not be recorded. Line Managers of Bedfordshire Police Officers and Staff should record the reported sickness absence on the Notification of Absence Form F120 and send to the Attendance Management inbox. The F120 forms are available by following this link http://bedsintranet.sharedservices.police.cjx.gov.uk/news/general_news_archive/april_2012/120412_- _sickness_reporting_pr.aspx Line Managers of Cambridgeshire Constabulary Officers and Staff should record the reported sickness absence on ORIGIN self-service. This will be reported to the relevant Staff Office and once processed will send the line manager a notification on ORIGIN. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 19 of 47
Line Managers of Hertfordshire Constabulary Officers and Staff should complete sickness form 341 part 1 and send to the HR Service team via email to SicknessNotification@herts.pnn.police.uk as soon as the absence has been reported. Sickness form 341 part 2 should be completed on the individual s return to work and sent to SicknessNotification@herts.pnn.police.uk. Form 341 can be found under HR Forms in Word. Line Managers of Collaborated Units Officers and Staff should complete sickness form 341 part 1 highlighting in the appropriate place on the form the Force they are from and send to the HR Service team via email to SicknessNotification@herts.pnn.police.uk copying in the Herts HQ Resource Management Unit: HQRMU@herts.pnn.police.uk as the absence has been reported. Sickness form 341 part 2 should be completed on the individual s return to work copying in the RMU supporting Collaborated Units and sent to SicknessNotification@herts.pnn.police.uk copying in the Herts HQ Resource Management Unit: HQRMU@herts.pnn.police.uk. For forms 341 part 1 and 2 also copy in: For Beds Officers and Staff in Collaborated Units: attendancemanagement@bedfordshire.pnn.police.uk For Cambs Officers and Staff in Collaborated Units: origin.sysadmin@cambs.pnn.police.uk Please refer to the Special Leave Policy for information on Disability related leave. Special and Compassionate Leave Policy (H036) (Bedfordshire Police), Discretionary Leave Procedure (Cambridgeshire Constabulary), Special Leave procedure (P60109) (Hertfordshire Constabulary) Sickness certification Line Managers of Bedfordshire Police Officers and Staff should forward the fit note to Absence Management Administrators, Workforce Resourcing, Bedfordshire Police HQ. Line Managers of Cambridgeshire Constabulary Officers and Staff should forward the fit note to the Resource Management Unit, FHQ Line Managers of Hertfordshire Constabulary Officers and Staff should forward the fit note to the HR Service Team, Six Hills Court, Norton Green Road, Stevenage, Hertfordshire, SG1 2BA. Line Managers of Collaborated Units Officers and Staff should forward the fit note to the HR Service Team, Six Hills Court, Norton Green Road, Stevenage, Hertfordshire, SG1 2BA. Welfare Contact Line Managers of Bedfordshire Police Officers and Staff should record details of the contact made with the individual on Form 120a Contact Diary and send to the appropriate HR Assistant, Bedfordshire Police HQ. Line Managers of Cambridgeshire Constabulary Officers and Staff should record details of the contact made with the individual on the Sickness Recording system within ORIGIN. Line Managers of Hertfordshire Constabulary Officers and Staff should record details of the contact made with the individual on a Welfare Contact form and send to the local HR Business Partner team. This form can be obtained via the local HR Business Partner team. Line Managers of Collaborated Units Officers and Staff should record details of the contact made with the individual on a Welfare Contact form and send to the local HR Business Partner team. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 20 of 47
Return to Work Meeting NOT PROTECTIVELY MARKED Line Managers of Bedfordshire Police Officers and Staff should record details of the return to work meeting on Form 120 and send to attendancemanagement@bedfordshire.pnn.police.uk Line Managers of Cambridgeshire Constabulary Officers and Staff should record the return to work discussion on the relevant return to work interview tab within ORIGIN. Line Managers of Hertfordshire Constabulary Officers and Staff should record details of the return to work meeting on form 341 part 2 and send to the HR Service Team via SicknessNotification@herts.pnn.police.uk as per the instructions in 3.2 above. Line Managers of Collaborated Units Officers and Staff should record details of the return to work meeting on form 341 part 2 and send to the HR Service Team via SicknessNotification@herts.pnn.police.uk (copied to attendancemanagement@bedfordshire.pnn.police.uk for Bedfordshire officers and staff) as per the instructions in 3.2 above. Absences related to health issues such as IVF Line Managers of Bedfordshire Police Officers and Staff should refer to the Special and Compassionate Leave policy for further guidance. Line Managers of Cambridgeshire Constabulary Officers and Staff the guidance is contained within the Discretionary Leave Procedure as follows: A period of 3 days paid leave per leave annum will be granted to the woman under-going IVF treatment. This will be followed by 2 days unpaid leave. Any additional time required will be taken as either unpaid leave, annual leave, or as flexi-time/change of shift. A woman will be classed as pregnant after a fertilised embryo has been implanted. Line Managers of Hertfordshire Constabulary Officers and Staff should refer to the Special Leave procedure for further guidance. 3.28 Appendix e - Disability Guidelines BACK DISABILITY GUIDELINES The Equality Act 2010 makes provision for the appropriate protection of people with a disability. Disability is defined as a person having a physical or mental health impairment, which has a substantial and long term adverse effect on that person s ability to carry out normal day to day activities. In some cases e.g. HIV, Cancer and Multiple Sclerosis this definition does not apply and the individual has a disability in relation to this act from the point of diagnosis. Recruiting disabled people Please read this section in conjunction with other existing Policies and Procedures, such as the Attendance Management Policy, Capability Policy, UPP and the Redeployment Procedure. The force has the right to use the disability symbol which gives our commitment to employ, keep and develop the abilities of disabled individuals. Organisations that use the disability symbol make five commitments regarding recruitment, training, retention consultation and disability awareness. These commitments include the commitment to interview all disabled applicant who meet the minimum selection criteria for the post and to consider them on their abilities. Line managers involved in recruiting and selecting new members of staff who need more information on the commitments of good practice should contact their HR Representative. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 21 of 47
Please also refer to guidance on reasonable adjustments for recruitment and promotion purposes for further guidance and information. This guidance contains factors for managers to consider when an individual requires reasonable adjustments to perform their role and the process to be followed for both line managers and individuals. Bedfordshire Police Reasonable Adjustments Policy Bedfordshire Police Reasonable Adjustments Policy (H048), Cambridgeshire Police Reasonable Adjustments Policy and Hertfordshire Constabulary s guidance on reasonable adjustments. Duty to make reasonable adjustments for disabled people Equality law recognises that bringing about equality for disabled people may mean changing the way in which employment is structured, the removal of physical barriers and/or providing extra support for a disabled worker. This is the duty to make reasonable adjustments. The duty to make reasonable adjustments aims to make sure that, as far as is reasonable, a disabled worker has the same access to everything that is involved in doing and keeping a job as a non-disabled person. When the duty arises, the organisation is under a positive and proactive duty to take steps to remove or reduce or prevent the obstacles a disabled worker or job applicant faces. The organisation only has to make adjustments where we are aware, or should reasonably be aware, that a worker has a disability. Many factors will be involved in deciding what adjustments to make and they will depend on individual circumstances. Different people will need different changes, even if they appear to have similar impairments. Line managers should discuss the adjustments with the individual to ensure that the adjustments are effective. The following list provides examples of the steps which must be considered in assisting the return to work of a member of police staff who has a disability, namely: Making adjustments to premises. Allocating some duties of the post to another person. Transferring the individual to fill an existing vacancy. Altering working hours. Accepting a higher level of absence due to the disability and amending sickness triggers accordingly. Assigning the individual to a different place of work. Giving or arranging to give training. Allowing the individual to be absent during working hours for rehabilitation, assessment or treatment. Modifying instructions or reference manuals. Modifying procedures for testing or assessment. Providing a reader or interpreter. Acquiring or modifying equipment. Providing supervision. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 22 of 47
The Act lists a number of factors which may, in particular, have a bearing on whether it will be reasonable for the employer to have to make a particular adjustment: The effectiveness of the step in preventing the disadvantage. The practicability of the step. The financial and other costs which would be incurred by the employer in making the adjustment and the extent to which taking it would disrupt any of his activities. The extent of the employer s financial and other resources. The availability to the employer of financial or other assistance with respect to taking the step. Clarification or Identification of Condition In consultation with the individual, the line manager should carry out an early initial assessment which should identify any immediate action that may be necessary, such as the person working restricted duties or being granted special leave etc. This evaluation can be undertaken by way of a risk assessment on the basis of the information already available. This should also identify any requirement for a management referral to Health and Wellbeing for a review and further advice. It may then be appropriate at this stage to gain advice from external bodies such as the Access to Work Scheme or an organisation that has specific knowledge of the particular disability. Information on the Access to Work scheme is available via your HR Representative. Once contact has been made with Access to Work, it will be arranged for an assessor to attend the individual s place of work and meet with the individual, and if possible the line manager, to carry out an assessment. The assessment will make recommendations as to adjustments that could be made to the individual s role. These will generally be regarding technological and environmental factors. Depending on the nature of the illness or disability it may be appropriate to contact specialist groups who would be able to provide further assistance. In some cases the situation may require further consideration and it may be deemed that a more structured process should be followed. Advice should always be sought from HR before commencing such a process. It may be appropriate for a case meeting to be convened involving the member of staff, HR, Health and Wellbeing, Line Manager, UNISON or colleague as the individual s representative. This should be run in accordance with the Case Meeting guidance. The case meeting should initially focus on supporting the individual to enable them, wherever possible, to continue work in their substantive post. This will involve looking into any reasonable adjustments that should be made. If not already involved, Access to Work should be considered to assist with this. The case meeting should agree an action plan which may include all or some of the following: Providing support to the individual Contacting access to work Obtaining further medical information Carrying out a skills assessment Considering risk assessments Implementing/further considering reasonable adjustments 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 23 of 47
Throughout the review period the line manager should ensure that they have regular informal meetings with the member of staff to ensure that all required support is in place and that actions are being progressed. It may also be appropriate to consider the use of the UPP or Capability Procedure. It is imperative to ensure that the individual is involved/consulted with at all stages of the process and allow them to input/put forward suggestions as frequently as they wish. In some exceptional cases it may be deemed appropriate to consider medical redeployment at this stage. In such cases please refer to the recuperative and restricted duties procedure. Alternatively it may be agreed that the individual carries on in their current role as before, but with an agreement to monitor and review the situation on a regular basis. 3.29 Appendix f - Bedfordshire Police - Consideration of Extensions to Pay Entitlement during Sick Leave BACK Police Officers and Police Staff HR Workforce Systems write to each individual who is approaching a reduction to half or nil pay, at least 6 weeks prior to the date that the reduction is due to take place. This letter also includes advice around the process for appealing a reduction in pay. There is no restriction on the circumstances where a member of staff may make representation for an extension but any submission must detail why it is considered appropriate to extend pay beyond the individual s entitlement as the information provided in the submission will be used to make a decision on whether or not an extension should be granted. The representation should be sent to the HR Business Partner Workforce Relations. Upon receipt of a submission for an extension of pay: The HR Business Partner Workforce Relations will refer the matter to the individual s second line manager to ascertain whether or not an extension is supported, ensuring that the manager takes into account the principle reasons for exercising discretion. The second line manager will make a recommendation to support / not support the submission. The second line manager will discuss the recommendation with the divisional commander who will record whether he/she supports the request for extension of pay before forwarding the details to the HR Business Partner. The HR Business Partner will indicate which of the principle reasons for extension are met and obtain a decision from the Supt. Organisational Development. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 24 of 47
Each case will be reviewed upon individual merit, but it would generally be appropriate to exercise discretion favourably where: The individual s capacity is directly attributable to an injury or illness that was sustained or contracted in the execution of his/her duty; or The individual is suffering from an illness which may prove to be terminal; or The issue of whether the individual is permanently disabled has been referred to the Selected Medical Practitioner (SMP); or The Force Medical Adviser advises that the absence is related to a disability as defined by the Equality Act 2010 and it would be a reasonable adjustment to extend sick pay, generally speaking to all (further) reasonable adjustments to be made to enable the individual to return to work. Discretion may not be exercised where: There is evidence of default or neglect on the individual s part; or The individual s actions may be delaying the process of recovery; or The individual is unreasonably failing to co-operate with a rehabilitation programme or with an adjustment to facilitate a return to work within a reasonable time frame, or to comply with requests to attend medical examinations or supply medical information; or The individual is actively engaged in a business interest during the period of absence. The HR Business Partner Workforce Relations will inform the individual in writing of the decision reached by the Supt. Organisational Development. A copy of the correspondence will be provided to Payroll (when an extension is granted), the line manager, Health & Wellbeing and the relevant staff association. Where an extension is not granted, the individual may appeal to the Chief Constable via the Senior HR Business Partner. The Senior HR Business Partner will detail the reason for not granting an extension and forward the appeal to the Chief Constable adding comments as appropriate. The Chief Constable will reach a decision regarding the appeal. His decision will be sent in writing to the individual with copies being sent to the line manager, Payroll, Health & Wellbeing and the relevant staff association. The decision of the Chief Constable is final. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 25 of 47
3.30 Appendix g - Hertfordshire Constabulary s Arrangements for Consideration of Extensions to Introduction BACK The monitoring of sickness absence and the provision of support for individuals who are sick is the responsibility of LPC Commanders and Heads of Department in line with organisational policies and guidance. The Force Sickness Reduction Meeting (SRM) has responsibility to take a Force wide overview of sickness levels and trends as well as considering individual cases as appropriate. Federation, Unison and the Superintendents Association attend the force Sickness Reduction Meeting (SRM) and Federation and Unison are also invited to local SRM s which most departments hold on a monthly basis. As members of this meeting they will have access to overall sickness data and individual cases. This is to ensure that there is consistency throughout the application of policies and that there is fairness across the board. If individuals are not in agreement to their case being discussed with staff associations this should be raised to their HR Advisor who will ensure their wishes are adhered to. Membership and Functions SRM is Chaired by the Deputy Chief Constable and comprises of the following core membership: - Deputy Chief Constable (Chair) OHSWU Manager Senior HR Manager (Strategic Adviser) HR Business Partner (Case Adviser) Staff Association/UNISON/Superintendents Association representative(s) SRM functions as an advisory group to the Deputy Chief Constable and, as such, all decisions will be taken by the Chair. Meetings of SRM will be scheduled every month and held as necessary. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 26 of 47
There are three main parts to the SRM as detailed below: Hot Spot Analysis The intention is to identify any teams which may have underlying issues or concerns which are leading to higher levels of sickness, a change in sickness trends or low morale or engagement. This may be highlighted either through the sickness data analysis or from OH, line managers or local HRBP teams. In such cases the line manager will be invited to attend an SRM to have an open discussion about the issues and any action that is planned or has already been taken. The aim of this is to ensure that as a Force everything possible is being done to support individuals and line managers. Data Analysis A data set will be provided in advance of each SRM which covers overall Force sickness levels, reasons for absence, sickness trends, levels of restricted/recuperative duties across the Force, number of cases being actively managed and any other data as requested by SRM. Case Management Through the Chair, SRM should determine extensions to full pay in respect of all staff and Officers. For each case that is to be considered at SRM, it would normally be expected that the Commander / Head of Department or their representative will either attend SRM or submit, in advance of the SRM meeting, a written summary of their knowledge of the case, including line management action/intervention. This will be compiled through the relevant HR Advisor. Individuals may make representations to SRM in writing through their Staff association/unison representative or Line Manager. To inform all aspects of decision making, the Chair may call for medical reports (written or verbal) and arrange for management enquiries to be completed and reported in advance of the meeting. The following principles will apply: - - The obtaining of medical reports and disclosure of information will be in accordance with the Guidance on Ethics for OHSWU Physicians and the Code of Professional Conduct. Advice given to management about the results of assessments will generally be confined to advice on fitness for work and limitations of function. Clinically sensitive information is confidential and written consent will be required before it is disclosed. - Management enquiries will be pursued with respect for individual dignity and confidentiality. Any information arising will be disclosed to the individual allowing them the opportunity to comment upon it. Where this is in the form of a management report, disclosure to the individual will normally be the responsibility of the author of the report. Consideration of Extensions to Pay Entitlement (Staff and Officers) In most circumstances, prior to an Officer or member of Police Staff exhausting their entitlement to full or half pay, either through continuous or cumulative absence, they will be notified of this by their Commander or Head of Department. This will be in the form of a letter and will include the date on which they will automatically move to half/nil pay. A copy of their recorded sickness to date will be attached, along with a copy of this procedure. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 27 of 47
The individual can, if they wish, submit a case to SRM requesting that their full/half pay extended or reinstated if they feel that their case meets one of the specified criteria. They may consult and be represented by their Staff Association in making their case. If a case is not submitted by the individual they will automatically move to/remain on half/nil pay and such cases will be monitored through LSRM s and reported to SRM. Wherever possible the LPC/Departments will endeavour to send this notification allowing time for the individual to submit a report and for their case to be reviewed through LSRM and SRM prior to their half/nil pay date. However where this is not possible, (for example staff with short service or when an individual has already exhausted their entitlement, returns to work and then has a further absence), pay will usually automatically be reduced to half/nil pay. In exceptional circumstances the relevant Commander and HRBP may decide to defer reducing pay until the case has been considered at SRM. The reasons for this will need to be included within the SRM pro forma. The individuals will still receive the formal notification by a letter setting out their half/nil pay date and have the opportunity to submit a case. Any agreement to an extension of full/half pay will be adjusted retrospectively. At this time the line manager should arrange a management referral to OHSWU if this has not already taken place. Any case for extension or reinstatement must be submitted within one month of receipt of the letter or by the date stated within the letter whichever is the longer. At the same time the Commander/Head of Department (or their representative) will be asked to provide a report of the facts concerning the background of the sickness absence, as well any management observations. Arrangements will be made for all of the above information to be considered at the next available meeting of the SRM. The Deputy Chief Constable will then determine whether or not discretion should be exercised by extending or reinstating entitlements to paid sick leave. Each case will be considered individually, however; The following criteria will be taken into consideration and are more likely to result in discretion being exercised: - - The officer/staff members incapability is directly attributable to an injury or illness that was sustained or contracted in the execution of his/her duty, or - The officer/staff member is suffering from an illness which may prove to be terminal, or - In relation to officers their case is being considered for permanent disablement and has been referred to a Selected Medical Practitioner Even where one or more of the above criteria is met, it is unlikely that discretion will be exercised where: - There is evidence of default or neglect on the part of the member of Staff/Officer; - The individual s actions may be delaying the process of recovery; - The individual is unreasonably failing to co-operate with a rehabilitation programme or comply with requests to attend medical examinations or supply medical information. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 28 of 47
The decision will be notified to the individual and to the Commander/Head of Department in writing. There is no right of appeal. If a retrospective decision is made for the individual to remain on full/half pay, this will be processed for the next available pay run. Individuals can seek advice or assistance from their Commander/Head of Department, Staff Association/UNISON, OHSWU or any other source to support their case. Please refer to the Recuperative and Restricted Duties Procedure for further details on pay for Police Officers and Police Staff. Bedfordshire s Recuperative and Restricted Duties Procedure (H066); Cambridgeshire s Recuperative and Restricted Duties Procedure and Hertfordshire s Recuperative and Restricted Duties Procedure for Police Officers and Police Staff. 3.31 Appendix h Case Meeting Guidance BACK CASE MEETING GUIDANCE A case meeting and/or management case discussion will take place within the first three months of long term sick leave. For short term sick leave, they would take place if/when the need arises to clarify matters. A clear written note as to the purpose of the case meeting will distributed by the line manager dealing with the case to all attendees, including the individual, prior to the case meeting. The individual under consideration is invited to attend the case meeting and notified of their right to be represented. This is different from a management meeting to discuss the case. In order to clarify all issues and avoid surprises during the case meeting, it should normally be a two part meeting: - The first part is the management case discussion and is held between the line manager, HR representative(s) and if required an Health and Wellbeing practitioner. This part is not normally minuted. - The second part is the case meeting and will be with the individual concerned and his/her Federation/UNISON/Staff Association representative or friend if applicable. During this part notes are taken by HR. The case meeting should be held on neutral ground in exceptional cases, though it will normally be held in Force. Where issues of medical confidentiality need to be discussed with the Health and Wellbeing practitioner, the consent of the individual would be sought in the meeting, before expanding on the medical summary. An appropriate manager chairs the meeting. An HR Representative (or nominee) attends the meeting and may record the main areas of discussion and agreed actions. This should be copied to all attendees. A copy will be placed on the individual s personal file and his/her medical file. If an individual does not feel that the minutes accurately reflect the meeting, a copy of their written comments will be attached to the meeting minutes and filed. Invited Attendees: Health and Wellbeing Practitioner (if required) HR Representative Line Manager Federation/UNISON/Staff Association Representative (case meeting only) Individuals (case meeting only) Main Purpose: Establish current fitness level Establish required recovery period before a return to work can be considered Establish all factors effecting recovery Plan for a return to work in a timely and safe manner Establish any support required/offered 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 29 of 47
Establish whether the individual is covered by the Equality Act 2010, consider reasonable adjustments and redeployment as per the Disability Guidelines Desired Outcome: Clear understanding of the individual s capabilities Clear understanding of the likely recovery timescales Agreement on a return to work plan See below for additional guidance for the management of psychological illness: 3.32 Appendix i - Managing Psychological Illness BACK Managing Psychological Illness This flow chart provides a summary of each step of the process for managing an absence which is related to psychological illness. This also includes line managers responsibilities and activities. Line managers are required to familiarise themselves with the full Attendance Management procedure. Support is available at any point through your HR Advisor, Health and Wellbeing Department and Support groups. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 30 of 47
Individual is absent from work due to sickness and absence is related to a psychological illness. If sickness absence lasts for 28 days or more this will be classed as a long term absence. Line manager to ensure that welfare contact is in place throughout absence. Welfare contact form to be completed by line manager. Welfare support is also available through Health and Wellbeing and Staff associations. Home visits to be arranged only in exceptional cases. HR will send the line manager trigger email to initiate a Welfare Support Meeting to be arranged after 2-3 weeks of the absence (unless expecting an imminent return to work) to ensure early intervention giving the option of an independent manager to hold the meeting. Welfare Support Meeting is held. Line Manager or appropriate manager to complete Stress Risk Assessment which can be completed on their return to work. A Health and Wellbeing Referral can also be made in appropriate circumstances at the relevant time. Please refer to managers guidance and further information on the Health and Wellbeing intranet site. Case Meeting to be arranged around 4 weeks after the Welfare Support meeting to discuss and agree a return to work plan and may include temporary measures to support individual to return to full duties or to review restrictions if already returned to work. Informal Capability/UPP may be considered at the appropriate time dependant on the individual case. These meetings will be carried out with the support and advice of the HR Advisor. Health and Wellbeing will be present in complex cases. In some cases, Staff Associations or Health and Wellbeing may indicate that appointing an independent manager may be beneficial depending on the circumstances of a case. If an independent manager is requested to hold the Welfare Support meeting, they will be contacted by the HR Advisor and they will discuss the case with the HR Advisor and make contact with the individual prior to the meeting to discuss the case and any issues. They will provide independent objective support. Independent manager will facilitate the next steps with the support of the HR Advisor and will brief the line manager or relevant manager taking over the case. They will also send a copy of the notes of the meeting to the HR Advisor. The case will be passed back to the department following the meeting. Further case meetings to be arranged if necessary to discuss return to work or review restrictions/adjustments made with a view to individual returning to full duties/substantive role. Further Capability/UPP meetings may also need to be arranged. Managers Guide to Managing Psychological Illness What is mental health? The definition of mental health covers a very wide spectrum, from day-to-day worries and pressures to suicidal depression or complete loss of touch with everyday reality. Stress can be defined as the adverse reaction people have to excessive pressures or other types of demands placed upon them. We all need and, to a degree, thrive on pressure: it gives us energy, helps with performance and inspires confidence. But excessive pressure can lead to stress. It is, therefore, the reaction people have when the pressures or demands placed upon them are not matched by their ability to cope, or by any other available resource. Stress can be caused by different factors and it can give rise to a range of different symptoms that can present themselves in isolation or combination. Symptoms 14/01/2015 can include 12:32:49 impaired concentration, NOT exhaustion, PROTECTIVELY insomnia, irritability, MARKED tearfulness, changeable moods Page and physical 31 of 47
Anxiety becomes a problem when feelings of tension and fear prevent a person from carrying out everyday tasks. Individuals with anxiety find it hard to control their worries and their ability to think clearly can be affected, which can impact on their performance in the workplace. Depression can be described as mild, moderate or severe. Symptoms include feelings of deep sadness which can last weeks, or even months, and are serious enough to interfere with everyday life. Motivation and performance at work can be affected by depression. The causes of stress, anxiety or depression may not be work-related. Non-work related stress, anxiety and depression cause more sickness absence than work-related difficulties. At such times, work may be a safe place ; the place where they feel supported and valued, and your role as a Line Manager will be an important one. Even if the cause is not work-related, performance at work could be affected by a psychological illness. Similarly, work related pressure can also impact on personal lives. Creating a Mentally Healthy Workplace At least 1 in 4 people will experience a mental health problem at some point in their life. Among adults of working age, 1 in 3 will have a mental health problem at some point in their life and about 1 in 100 people will experience a severe mental health condition such as Bi-Polar Disorder (manic depression), Psychosis and Schizophrenia. Please refer to the following website for further information: www.mindfulemployer.net Encourage open and honest communication Develop a culture where it is ok to talk about mental health; aim to reduce stigma and misunderstanding Encourage individuals to tell you if they need support or any adaptations to their role; early intervention could prevent longterm absences Ensure that everyone is listened to and given the opportunity to be involved Give staff control over their work Ensure your staff have the right skills and ability to do their job Ensure workloads are manageable Check for physical factors e.g. flickering lights or excessive noise. Check physical environment is supportive Encourage staff to share their ideas and suggestions Develop a culture where thank you is the norm and people are praised and encouraged Get to know your staff and their normal behaviours this will make it easier to spot changes in their usual behaviour Use your regular 1:1 meetings to ask how the individual is and discuss any unusual behaviour for example I ve noticed that you seem to have been withdrawn lately. Individuals are able to self-refer to Health and Wellbeing for welfare reasons Terminology Do Say Do not say 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 32 of 47
Mental health problems / mental ill heath Living with / Experiencing NOT PROTECTIVELY MARKED Mental illness Suffering People with a diagnosis of People living with / People with Have a conversation in a private space where the individual will feel comfortable. Make sure there are no interruptions. Switch off your mobile phone. Focus on obtaining information that will help you support the individual. Ask open questions. For example I was wondering how you were doing? and what support do you feel would help you? Use neutral language. For example how are you today? Allow the individual time to answer and let them talk at their own pace. Be empathetic. Make arrangements for a follow-up meeting. Schizophrenics, depressives Attempt a conversation in front of other people or where you could be overheard. Initiate a conversation if you have another meeting looming. Attempt to diagnose or act as a counsellor or use phrases such as when you are better. Ask questions that could cause pressure like what s wrong with you?, are you stressed or something or pull yourself together? Use medical language like you seem depressed today or asking questions about what medication they are taking. Push for answers or rush with another question. Tell them what to do. Don t leave things up in the air. Current coping strategies Support available to help them with these strategies Length of time the individuals has felt this way Identify whether it is an on going issue or something that immediate action could resolve Discuss whether there are any workrelated factors that have contributed Discussion Points Identify whether there are there any external problems that they would like to share with you Make the individual aware of the support available from Health and Wellbeing, EAP, L&D i.e. appropriate training course. Discuss whether there are there any aspects of their medical care that they would like you to know about e.g. side effects of medication. Listen to any suggestions they have about adjustments to their work Decide upon what they would like their colleagues to be told and who will say what to whom If there are work-related concerns, take time to review workload and assist where required Agree next steps Keeping in Touch There is a requirement to keep in touch with an individual who is absent from work. Managers are often concerned though that contacting someone who is off sick will be seen as harassment. However, lack of contact can actually make an individual feel less valued and can make returning to work even more overwhelming. Early, regular and sensitive contact is a key factor in enabling an early return to work. Evidence shows that no contact at all can greatly hinder and reduce the chances of a successful return to work. An individual may request no contact due to feeling anxious or embarrassed, however, a sympathetic and sensitive approach to contact can help to overcome this. Agreeing with an individual early on how they would like to communicate with you and sticking to this agreement will allow for more effective communication. In exceptional circumstances a home visit may be appropriate. If you have reason to believe that you are perceived to have been a factor in the individual becoming unwell, please refer to the Managing Long Term Psychological Illness Flow Chart on appointing an alternative manager to make contact. Ensure that this is done at the earliest opportunity to avoid any delays with contact being made. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 33 of 47
Communicating with Colleagues It is also important to agree with the individual whether, and precisely what, they wish colleagues to be told. If you would normally send a card for someone who is off sick with a physical condition for example, do not treat someone who is off with mental health problems any differently. The individual s illness may have an impact on the rest of the team, especially if they are required to take on an increased workload. Four useful points to remember: Don t assume work pressures affect everyone in the same way. Don t assume it has to do with work. It could be something going on at home that is affecting them. Make adjustments if a person is not coping. Conversations should be positive and supportive. Explore the issues and how you can help. It would be advisable to: Be open and honest with the team as long as it does not breach any confidentiality with the individual concerned Identify working conditions that may negatively influence the wellbeing of the team, and change them where necessary Create an environment where staff can voice their concerns openly to avoid any gossiping or resentment towards any individuals who are off sick Remember to treat all staff fairly Reasonable Adjustments Once a return to work date has been agreed it may be a good idea to meet with them in a location that they feel comfortable with, which may be an offsite location or another police station, to discuss the details of their return. They may also wish for a colleague to accompany them. If you arrange to meet them at work ensure that they are in agreement with what room you have arranged and check where they want to meet you and whether they want to see anyone else. They may want to come into the office and meet with some colleagues on an informal basis to help them feel at ease about returning to work. The Forces are committed to supporting individuals with their return to work and preventing long-term absences. There are a number of temporary adjustments and measures that Line Managers can put into place which will assist an individual who is experiencing mental health problems return to work and over time return to meeting the full requirements of their role. Duties in the phased return should be agreed prior to the individual return and you should also talk about how colleagues will be told about the return and agree how they will be made aware that the individual will not necessarily be doing their full duties the rest of the team will need to respect that and not make extra demands. Temporary adjustments can also be put in place when the individual has not been absent from work. The types of temporary adjustments that can be considered are outlined below. This is not an exhaustive list and you can seek guidance from your HR Adviser or from Health and Wellbeing. Please also refer to the Recuperative and Restricted Policy. In exceptional circumstances, longer-term measures may be required. Your HR Adviser and Health and Wellbeing will work with you to ensure these are put into place and monitored appropriately. Temporary adjustments can be agreed locally e.g. agreeing temporary changes to start/finish times without the need to refer to Health and Wellbeing. Other adjustments will be advised by Health and Wellbeing as detailed below. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 34 of 47
Modification of working hours/shifts Allowing changes to shift start and finish times. This may be to allow for the affects of medication in the morning or to allow the individual to avoid rush hour traffic Job Modification Temporary removal of certain responsibilities for example supervisory tasks, time or accuracy critical tasks e.g. these tasks could be temporarily removed or work could be double checked. Agreeing a phased return to work plan e.g. gradually increasing the number of hours worked each day over a set number of weeks Temporary redeployment to another role either within or outside of the team Flexible break times to allow for the individual to go home, take medication or meet any caring responsibilities that they may have Give the individual meaningful work; do not make assumptions about their ability based on their mental ill health. Meaningful work can quickly make someone feel useful. Alternative rest day patterns to allow for a break mid-week for example Avoid asking the individual to pick-up an overwhelming backlog of work. Instead workload should be adjusted according to the temporary working hours and current capabilities. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 35 of 47
Environment Modification Temporary move to another location for example working from a station closer to home If an individual cannot drive due to medication for example review what public transport is available and where the most convenient location would be for them to work from Temporary desk move either within the same office or to a different office Permanent desk moves within the team depending on what the issues are for example the need to be by a window or closer to the exits Measures to reduce stress factors such as noise or for example by reducing the volume of telephone rings If in a hot-desk environment is it possible to allocate the individual a desk to help relieve any stress or anxiety this can cause? Policy Implementation Flexible approach to the individual taking time off for medical appointments Allowing the individual to make up any time owed at a time convenient to them Reviewing and discussing PDR objectives especially if the absence has been long term. Refer to the Performance Management Policy Flexible and sensitive approach to any capability measures taking place; remembering that avoiding discussions around performance will not help in the long-term Human Assistance Resilience training Health and Wellbeing Staff Associations and other support groups EAP Offering to drive the individual to meetings Accompanying the individual to meetings that they would normally carry out alone but feel they need support with temporarily Look at personal development opportunities Technological Assistance In appropriate circumstances, a laptop may be provided to enable an individual to work at home. Supervisory Considerations Offering additional supervisory support increased 1:1 meetings for example 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 36 of 47
Being absent from work due to a psychological illness does not exclude an individual from being managed under UPP/Capability. Please speak to your HR Adviser for advice on individual circumstances. References Black, C and Frost, D, 2011. Mindful Employer. 2011 Mindful Employer Line Managers Resource: A practical guide to supporting staff with a mental health condition. Donaldson-Feilder., E, Yarker, J. and Lewis, R 2011. Preventing Stress in Organisations: How to develop positive managers. 4. TRAINING AND ACCREDITATION REQUIREMENTS 4.1. Support is available through HR to help equip managers with the knowledge and skills to use this procedure. There will also be occasions when coaching and training courses are available to help managers increase their skills in this area. There are no accreditation requirements. 5. ASSOCIATED DOCUMENTATION 5.1. Legislation/ National Guidance Equality Act 2010 Flexible Working Regulations Police Regulations Police Staff Council Handbook Beds, Cambs and Herts 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 37 of 47
NOT PROTECTIVELY MARKED The Disability Discrimination Act Code of Practice for Employment and Occupation 5.2 Strategy/ Plan 5.3 Policies 5.4 Procedures Tri Force Capability Procedure Disciplinary Policy Compassionate/Early Retirement Procedure Flexible Working Policy Tri Force Ill Health Retirement Procedure Maternity Policy Pandemic Situation Procedure Herts only Recuperative and Restricted Duties Procedure Herts, Cambs and Beds Stress Management Policy Unsatisfactory Performance Procedure Appendices Appendix a - Return to Work Meetings Appendix b - Managing Short-Term Absence Appendix c - Managing Long Term Absence Flow Diagram Appendix d Additional Force Related Information Appendix e - Disability Guidelines Appendix f - Bedfordshire Police - Consideration of extensions of pay entitlement during Sick Leave Appendix g - Hertfordshire Constabulary - Consideration of extensions of pay entitlements during sick leave Appendix h Case Meeting Guidance Appendix i - Managing Psychological Illness 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 38 of 47
5.5 Forms (National/ Local) NOT PROTECTIVELY MARKED 6. WHO TO CONTACT ABOUT THIS PROCEDURE 6.1 For advice or guidance on the application of this procedure contact your local HR representative. 7. EQUALITY ANALYSIS EQUALITY ANALYSIS Name of Sponsor Name of Author Head of HR Advisory Group - ACO Vince Hislop Sarah Whitten Description of proposal being analysed Date analysis started February 2012 Date analysis finished July 2012 This analysis is being undertaken as a result of: A new or updated policy or procedure. Note For ease of use of this document, we will refer to all of the above as proposal STEP 1 Relevance The general duty is set out in section 149 of the Equality Act 2010. In summary, those subject to the Equality Duty must have DUE REGARD to the need to: eliminate unlawful discrimination, harassment and victimisation; 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 39 of 47
NOT PROTECTIVELY MARKED advance equality of opportunity between different groups; and foster good relations between different groups. Authors have a statutory requirement to have DUE REGARD to the relevant protected characteristics shown below, whilst taking a common sense approach age disability gender reassignment marriage & civil partnership* pregnancy and maternity race religion or belief sex sexual orientation *marriage and civil partnership the analysis applies only to the elimination of unlawful discrimination, harassment and victimisation. Section 23 of the Equality Act 2006 allows the Equality and Human Rights Commission (EHRC) to enter into a formal agreement with an organisation if it believes the organisation has committed an unlawful act. Under section 31 of the Equality Act 2006, the EHRC can carry out a formal assessment to establish to what extent, or the manner, in which a public authority has compiled with the duty. Additional guidance can be found by accessing the EHRC website: http://www.equalityhumanrights.com/advice-andguidance/public-sector-equality-duty/guidance-on-the-equality-duty/ 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 40 of 47
Does this proposal have a direct impact on people who: a) are any part of the Police workforce (including volunteers)? Yes, it will impact on police Officers and police staff employed by Bedfordshire, Cambridgeshire or Hertfordshire Police Forces and includes staff in their probationary period and Apprentices. b) reside in any part of England and Wales Yes If NO to both questions Explain why and give rational No Further Action and Return to Sponsor for Authorisation If Yes to either question Continue through to Step 2 STEP 2 Consultation / Engagement You should engage with those people who have an interest in how you carry out your work generally, or in a particular proposal. This may include former, current and potential service users, staff, staff equality groups, trade unions, equality organisations and the wider community. In deciding who to engage, you should consider the nature of the proposal and the groups who are most likely to be affected by it. The proposal owner (Sponsor/Author) must be satisfied that consultation / engagement will take place with the relevant business lead and stakeholders. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 41 of 47
This MUST include engagement with the following relevant groups: Equality and Diversity Specialist Staff Associations Staff Support Groups Relevant community groups and members of the public In addition, consider who else should you consult with internally and externally? Who might be affected? Does what you are considering further the aims of the general duty, to eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. Identify the risks and benefits where applicable, according to the different characteristics. Positive Impact or Benefits Negative Impact or Risks Age (Consider elderly or young people) There are no obvious considerations There are no obvious considerations Disability Groups (Consider physical, sensory, cognitive, mental health issues or learning difficulties) Flexibility is duly applied according to individual needs and the nature of the disability/work area. Any adjustments that would need to be made for anyone with a disability would be done so as part of a reasonable adjustments assessment There are no obvious considerations 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 42 of 47
under the Equality Act 2010. Gender Reassignment (Consider transgender, Transsexual, Intersex) Absences related to gender reassignment will be treated in exactly the same way as other absences, unless reasonable adjustments are appropriate such as for gender dysphonia. The Equality Act 2010 protects people who are proposing to undergo, undergoing or have undergone a process (or part of a process) of gender reassignment. Therefore the Constabulary has a duty to take positive steps to eliminate discrimination, promote equality of opportunity and foster good relations for transgender people. There are no obvious considerations. Marriage & Civil Partnership There are no obvious considerations There are no obvious considerations Pregnancy and Maternity Appropriate consideration and support will be given to female staff who are pregnant or who have recently returned from maternity leave. Line managers will be provided with the necessary guidance to support these individuals through any pregnancy related absence. The benefits of this are promoting equal opportunities and eliminating any potential discrimination. There are no obvious considerations Race and Ethnic origin includes gypsies and travellers.(consider language and cultural factors) There are no obvious considerations There are no obvious considerations Religious / Faith groups or There are no obvious There are no obvious 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 43 of 47
Philosophical belief (Consider practices of worship, religious or cultural observance including non-belief) NOT PROTECTIVELY MARKED considerations considerations Sex (Male, Female) There are no obvious considerations There are no obvious considerations Sexual orientation (Consider known or perceived orientation, lesbian, gay or bisexual) There are no obvious considerations There are no obvious considerations Positive Impact or Benefits Negative Impact or Risks Have you considered how this decision might affect work life balance? (Consider caring issues re: childcare & disability, safeguarding issues, environmental issues, socio economic disadvantage, and low income families.) Through the management of absence including meetings such as case meetings held with the individual. It could be highlighted that individuals are taking sick leave due to caring responsibilities. This approach outlined in the procedure could therefore highlight this issue and support the individual to find other ways of fulfilling caring responsibilities e.g. requesting a work life balance or time off through the special leave procedure. Yes and there are no obvious considerations STEP 3 Assessment Complete the assessment by analysing the effect of your proposal and detail the outcomes. What were the main findings from any consultation carried out? What feedback has been received? Using the information you have gathered and consultation that you have undertaken answer the following questions. This will help you to understand the effect on equality your proposal might have. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 44 of 47
Has the feedback indicated any problems that need to be addressed? The feedback received was predominately around wording in certain places which has been amended following feedback. Describe and evidence any part of the proposal which could discriminate There is the potential that if the procedure is not applied fairly that this could impact negatively on individuals with a disability. The potential of this happening should however be reduced by the procedure being applied fairly with any adjustments being made under the Equality Act 2010. Managers are directed to discuss sickness absence cases with their HR representative and this will in turn ensure that management practice is fair and consistent and will ensure the necessary professional advice is obtained prior to decisions being made. Can the adverse impact identified be justified as being appropriate and necessary? No adverse impact identified. If so, state what the business case is: Where impact and feedback identified, what, if anything can be done? No adverse impact identified. What outcome will be achieved that demonstrates a positive impact on people? Individuals will feel they have been supported and that the procedure has been applied in a fair and consistent manner taking their personal circumstances into account. Absence figures will be low and satisfaction surveys will indicate high levels of satisfaction around support. Individuals will not feel stressed by their environment and will report less work place contributors to stress. 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 45 of 47
STEP 4 - Monitoring and Review Equality Analysis is an on-going process that does not end once a document has been produced. What monitoring mechanisms do you have in place to assess the actual impact of your proposal? The force will keep accurate records on absence to ensure the data stored is meaningful and can be used to aid the effective management of sickness absence. Monitoring of individual and force performance will be conducted at both a local and corporate level. Regular force wide monitoring of attendance levels will ensure that in addition to individual records of concern being highlighted, other trends and patterns may be investigated within departments and divisions. Support and guidance will be given by HR to ensure that the procedure is applied fairly and consistently. Regular reviews of absence management cases will be carried out through case management sessions between HR and Health and Wellbeing to ensure cases are managed fairly and consistently with any reasonable adjustments being considered. A review of the management of cases for individual s suffering with a Psychological illness will be reviewed and feedback gathered from the individual, line managers, HR, Health and Wellbeing, Staff Associations and Support groups. Review Date: September 2013 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 46 of 47
First review must be no later than one year. NOT PROTECTIVELY MARKED STEP 5 - Sign Off Once the Equality Analysis is complete it should be signed off by the Proposal Sponsor. This sign off is confirmation that the analysis is accurate, proportionate and relevant and actions will be delivered as required. Approved by Senior Officer / Proposal lead Having considered the potential or actual effect of this proposal on equality, our analysis demonstrates that the proposal is robust and the evidence of our screening shows no potential for unlawful discrimination. We have taken all appropriate opportunities to advance equality and foster good relations between groups. Date: August 2012 Name: HR Advisory Group 14/01/2015 12:32:49 NOT PROTECTIVELY MARKED Page 47 of 47