Post on 29-Jan-2018
Managing Absence Masterclass
Speakers: David Poddington, Partner
Jenny Arrowsmith, Partner
Tom Draper, Associate
Annie Gray, Solicitor
“ the material for this seminar has been prepared solely for the benefit of delegates on this seminar. It should not be relied upon
for giving advice and Taylor&Emmet LLP accept no responsibility for loss or consequential losses incurred as a result of
reliance on this material”.
Introduction
The cost of sickness absence is significant
Cost is not the only consequence of sickness absence
Management of sickness absence is key to prevent a culture of absenteeism
and its consequences
Duty to provide safe working environment
Duty of care
Duty not to breach trust and confidence
A few facts…
On average, an employee has 6.5 days off work per year
Top reasons for people calling in sick
Top reason for long-term sickness absence
Top 5 job sectors with the worst sickness rates
Successful sickness management
To keep absence to a minimum
To ensure all absence is properly and promptly recorded
To have a sustained improvement in attendance and to maintain satisfactory
levels
ACTION IS REQUIRED
Before During After
Successful sickness management
Contracts of employment
Sickness absence policy
When to report absence
What evidence is required
Right to obtain medical evidence
Expectation of being contacted
Trigger points for unsatisfactory absence levels and how it will be
managed
Before
Successful sickness management
Monitor
Keep in contact
Record keeping
Consider need to follow formal procedure
Consider need to obtain further medical evidence
During
Successful sickness management
Return to work interview
Consider whether adjustments are required
Consider whether disciplinary action is necessary
Monitor and review
After
Case study
Jean has worked for a veterinary surgery for the past 5 years as a veterinary
nurse
At the beginning of the year, she had a week off work and was diagnosed with
bronchial emphysema
Over the past couple of months she has had 7 separate instances of sickness
absence lasting between 1-2 days each. The reasons she has cited include
chest infections, cold & flu like symptoms, migraines and back pain
Your absence policy triggers action after 10 days which is now reached
Multiple reasons for absence
The importance of documentation
Are all absences related?
Is there an underlying cause?
Are the reasons for absence genuine?
Consider whether further action is required – investigation / medical
evidence / disciplinary action
Case study
Having looked at her self-certification forms, you note that Jean’s absences
tend to be on a Friday and a Monday
Malingering illness
What is it?
What can you do if you suspect it?
Do you need absolute proof?
Beware of unreliable evidence
Don’t make assumptions
What if you have paid SSP and find that the employee has been dishonest?
Case study
More recently, Jean has been off work for 2 weeks and is to remain off sick
with stress and bronchial issues for another 2 weeks
Jean has submitted a note from her GP for this recent period of absence
Case study continued
Case study continued
Before Jean went off sick, you had invited her to attend a disciplinary hearing for
a conduct matter which is due to take place this Friday.
You are concerned that her sick note from her GP refers to Stress. You are
concerned that requiring her to attend a disciplinary hearing may exacerbate her
stress but at the same time, you suspect that she will keep getting sick notes so
as to avoid the hearing and so she still gets paid. What should you do?
Getting the most out of Occupational
Health
The role of Occupational Health
Specialist (Do ccMed, AFOM, MFOM or FFOM)
Who pays?
Independence and responsibilities
Making a referral
Access to Medical Records Act
Access to Medical Records Act
1988 (AMRA) PROCEDURAL SAFEGUARDS
The employer must give the employee a statement of their rights
The employee must provide written consent to the examination and
preparation of the report
The employee must have the opportunity to see the report before it is sent to
the employer
The employee may request changes to the report but may not insist on them
The employee may refuse to allow the report to be disclosed to the employer
Case study continued
You request that Jean be seen by an occupational health specialist. She refuses.
What do you do now?
Case study continued
Jean agrees to see the occupational health consultant. The report identifies that
she is fit to attend the disciplinary hearing if regular breaks are given. However,
her bronchial emphysema is worsening and she is not capable of fulfilling her
duties and it is unlikely that she will be for quite some time, if at all (bronchial
emphysema is a degenerative illness and so it is likely that it will continue to get
worse).
She has had the condition for 3 years and it impacts significantly on her ability to
cope with day to day tasks including walking, due to shortness of breath.
According to the report, the majority of the causes of absence, with the exception
of stress, may relate to this condition.
Disability related absence
DUTY TO MAKE REASONABLE ADJUSTMENTS
Examples:
Making adjustments to premises
Allocating some of a disabled person's duties to another person
Transferring a disabled person to fill an existing vacancy
Altering a disabled person's hours of working or training
Assigning a disabled person to a different place of work or training
Allowing a disabled person to be absent for rehabilitation, assessment or
treatment
Employing a support worker to assist a disabled employee
Modifying disciplinary or grievance or other procedures
Case study continued
In an absence meeting, Jean’s union representative argues as follows:
“You cannot discipline her because it is all genuine absence”
“Disability related absence must be discounted when looking at an
employees’ sickness absence record”
“Your sickness absence procedure should not apply to disabled employees”
“A variation (extension) to sick pay should be a reasonable adjustment”
Grounds for dismissal
Normally you will have already held at least 2 meetings
Write to employee (invitation)
Meet with employee (remember their right to be accompanied)
Give the employee an opportunity to present their case
Consider up to date medical position
Consider alternatives
Right of appeal
Permanent Health Insurance (PHI)
Case study continued
It is now March 2014, Jean continues to be off work after 28 weeks’ absence and
she has little prospect of a return to work. She has exhausted entitlement to sick
pay.
She has holiday accrued but not taken and it is approaching the end of the
holiday year. Company policy says she should not be allowed to carry it over.
The holiday year is 1 January to 31 December.
You have decided to dismiss her and want to know what you should do about her
accrued and untaken holiday.
Sickness absence and holiday
Does holiday accrue during sickness?
If so, do they have to request to take it?
Can it be carried over?
If so, how much can be carried forward?
Notice pay
Termination with notice
Pay in lieu of notice depends on terms of notice provisions
Entitlement to full pay if notice entitlement is statutory minimum
Recent developments
State Funded Independent Assessment Service
Fit note guidance
Record keeping
Job matching support
Tax exemption for health related benefits paid by employer
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Any questions?
Managing Absence Masterclass
Thank you for coming
“ the material for this seminar has been prepared solely for the benefit of delegates on this seminar. It should not be relied upon
for giving advice and Taylor&Emmet LLP accept no responsibility for loss or consequential losses incurred as a result of
reliance on this material”.