HRPOL31 Attendance Management Policy GROUP WIDE POLICY by Provide Community

Attendance Management

Policy and Procedure

Version: V6

Ratified by: People and Culture Steering Group

Date ratified: 20/12/2024

Job Title of author: Director, People Partnering

Reviewed by Committee or Expert Group Staff Partnership Forum and Policy subgroup committee

Equality Impact Assessed by: Director, People Partnering

1. INTRODUCTION

1.1 Provide aims to deliver high quality and safe services and it recognises that this commitment to quality and safety must be reflected in the work and conduct of all its employees.

1.2 Provide is committed to working jointly with the trade unions to maintain the health, safety and welfare of all its employees and through its policies and practices, to promote and encourage regular attendance.

1.3 The aim of this policy is to set out procedures for reporting sickness absence and to encourage employees to have regular attendance at work that is managed in a fair and consistent way. Provide believes that full attendance, where possible, is an important factor in ensuring that Provide can provide good quality and efficiently run services providing value for money to its customers.

1.4 Provide is an equal opportunities employer and positively encourages applications from suitably qualified and eligible candidates regardless of sex, race, disability, age, sexual orientation, gender reassignment, religion or belief, marital status, or pregnancy and maternity status. Provide is committed to treating each case on its merits and making reasonable adjustments, where necessary.

2. SCOPE

2.1 This procedure applies to all employee’s working for the Provide Group. It excludes employees who are within their probationary period of service (refer to the Probation Policy).

3. DISABILITIES

3.1 We are aware that sickness absence may result from a disability. At each stage of the procedure, particular consideration will be given to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work.

3.2 If an employee considers that they are affected by a disability or any medical condition which may affect their ability to undertake their work, they should inform their line manager. This should be done if known when commencing employment, or during the course of employment when a disability/health condition is diagnosed An employee will be encouraged to complete a Health Passport.

3.3 Any information an employee provides will be handled in a confidential manner and in accordance with our Data Protection Policy.

4 KEY PRINCIPLES

4.1 Provide has a duty of care to ensure the health & safety of employees and recognises that in addition to formal policies and procedures, there are other

measures that can be taken to help reduce the levels of absence and to contribute to the health and well-being of employees.

These fall into four key areas:

• Promoting a healthy environment and healthy living, including assisting employees to identify stressors and manage the causes of absence.

• Promoting a culture that encourages attendance.

• Monitoring, measuring and understanding information about absence.

• Managing sickness absence appropriately when it happens.

5 KEY RESPONSIBILITIES

5.1 Employees

Employees are expected to: -

• Act in accordance with this Policy and associated processes and procedures and as agreed with their manager/ supervisor.

• Follow all notification and certification procedures.

• Make sure they clearly communicate with their manager regarding the reasons for being away from work.

• Maintain regular contact with their managers whilst absent from work as agreed with their manager, including be contactable whilst off sick and to respond to communications from the manager within the guidelines of the policy

• Participate in Return-to-Work Discussion and any Occupational Health consultations. Attend review meetings with management when discussing periods of absence, when planning to return to work and/or when discussing reasonable adjustments or alternative employment.

• If on long term sick, an employee should still attend meetings to discuss their absence / Occupational health appointments where possible.

• Ensure that their behaviour during a period of sickness absence is not inconsistent with the reason for absence or detrimental to their recovery. If such behaviour occurs, the manager/supervisor will bring it to the attention of the employee and, if appropriate action may be taken in accordance with the disciplinary policy and procedure.

• Not undertake any paid work.

• Report if they are taking any prescription or over the counter medicines which may cause impairment to their work performance and/or any side effects as part of their duty of care e.g. drugs which affect ability to drive or operate machinery.

5.2

Managers

Managers are responsible for managing absence levels within their own function ensuring that employees who are absent from work are treated in a sensitive, fair and consistent manner. Managers have a responsibility to: -

• Ensure they are familiar with the Attendance Management Policy, associated processes and procedures and their obligations in relation to the management of the policy.

• Ensure that any offer of employment is made subject to Occupational Health (OH) clearance and that any recommendations made by OH are implemented.

• Ensure that confidentiality is maintained in relation to information about sickness absence.

• Ensure employees are aware of the Attendance Management Policy & and its associated processes and procedures and their responsibilities in relation to sickness absence upon commencement of employment.

• Ensure that, for employees who have a disability, reasonable adjustments are made in line with the Equality Act 2010 where appropriate to support & improve attendance at work.

• Manage sickness absence consistently and regularly across their areas of responsibility, using the management information available to them.

• Ensure sickness absence is reported fully & accurately

• Undertake Return to Work (RTW) Discussion with all employees upon their return from a period of sickness absence, irrespective of the length of the absence

• Nominate a deputy for employees reporting absence during periods of annual leave, being out of the office or non-working time and communicate this with employees affected.

• Address any issues in a timely manner when managing sickness absence at work, balancing the needs of the individual with those of the service. Requirements.

• In agreement with the employee, a manager / supervisor refer an employee to occupational health.

• Identify early warning signs at work that might prevent sickness (i.e. stress at work, incidents at work etc.).

• Attend any Provide training provided on policy updates.

• To seek advice from Human Resources where necessary and act on it as appropriate.

• To comply with GDPR requirements in relation to any matters of an employee’s absence.

6 ABSENCE MANAGEMENT PROCEDURE

6.1 The procedures described in this document will be followed when an employee is unable to attend for work due to sickness and/or ill-health. The procedure covers persistent, short term, intermittent absence as well as long-term absence.

6.2 The aim of this procedure is to encourage employees to have regular attendance at work and to assist managers with maintaining acceptable levels of attendance in their teams, in a fair and consistent way.

6.3 Any proven abuse of the scheme will be addressed in accordance with the Disciplinary Policy and, in some cases could also result in pay being withheld, withdrawn or recovered. Any suspicions of fraud will be reported to the Counter Fraud team for criminal investigation, which may lead to criminal and/or disciplinary action.

6.4 Under the Equality Act 2010, there is a legal obligation on employers to make reasonable adjustments to premises or working arrangements, etc. to facilitate access to work for anyone with a disability and to enable an employee who is diagnosed with a disability during the course of their employment to remain in work.

6.5 Consideration needs to be given to absences that may be related to a disability, pregnancy or long-term health condition, cancer e.g. Please seek advice and guidance from the People Partnering Team.

6.6 Line managers are responsible for monitoring and managing absence within their teams and must always address sickness absence where it occurs in their teams, fairly and consistently The People Partnering Team are able to provide guidance and support to managers at any stage of the procedure.

6.7 Provide is committed to maintaining an overall sickness absence of less than 8 calendar days lost per full time equivalent employee, per year.

6 8 The opinion/advice of Occupational Health should be sought whenever appropriate. Where appropriate, an up-to-date medical opinion should obtained before any decision is made to alter employees’ terms and conditions of employment or dismiss an employee on the grounds of ill health

6 9 The following rules will apply when an employee experiences both short and long-term sickness absence:

• Where an employee experiences both long and short-term periods of sickness absence, Provide reserves the right to commence formal management of absence if it is preventing an acceptable level of absence from being achieved, even if a formal trigger has not been reached.

• If an absence is initially managed under the short-term absence procedure and the employee reaches 4 weeks continuous absence or more, this will then be classified as long-term sickness absence and management will move to the formal long-term sickness absence process outlined this within policy and associated procedures.

• Where an employee has returned to work from absence managed under the long-term sickness process and further persistent, short-term and intermittent absence arises within the specified review period, the employee’s absence will be managed in line with the same formal stage of the sickness procedure, which they reached during the long-term process, and will transfer to the equivalent stage of the short-term absence procedure and associated triggers will then apply.

6.10 Should an employee’s sickness absence deteriorate within a 12-month period following the end of a formal monitoring period, Provide reserves the right to proceed to the stage at which the previous period of formal monitoring ceased, bypassing stages 1 and 2 (whichever is most appropriate under the circumstances). Advice should always be sought from the People Partnering Team in such cases before proceeding

6.11 For absence identified as being due to stress (or other similar mental health reasons, including anxiety), a referral to Occupational Health should be undertaken, as soon as is practicable by the line manager. The line manager should also contact the employee at the first available opportunity either by telephone or by meeting them, if agreed, to discuss the cause(s) of the stress and to seek any measures that can facilitate a return to work. It may also be appropriate to complete a Stress Risk Assessment/Wellbeing Action Plan at this time, in line with the process outlined in Provide’s Psychological Wellbeing Policy.

Consideration should also be given to completing/updating an employee’s Wellness Action Plan.

6.12

Sick Pay Provision

Employees should refer to their contract of employment to understand sick pay provision.

6.13

Reporting Absence

An employee who is absent from work due to sickness must personally notify their line manager by telephone, in accordance with the local department procedure.

If the employee is incapable of notifying their line manager personally, then they must ensure someone else does on their behalf. The employee must then contact the line manager personally at the earliest opportunity thereafter.

Periods of sickness absence of less than seven calendar days (excluding bank holidays) must be reported using the Self Certificate Form (available on the Community Platform)

For periods of sickness of more than seven calendar days a medical certificate is required. Failure to provide a medical certificate in time may affect payment of any monies due. All original certificates must be sent to their manager as soon as possible.

6.14 Unauthorised Absence

If an employee does not attend for work and does not report their absence to their line a manager, it is the line manager’s responsibility to contact the employee. This initial contact should be by telephone or by letter. If the line manager is unable to contact the employee the People Partnering team should be advised.

When the employee returns from an unauthorised absence, an investigatory interview should be carried out by the line manager to establish the reason for absence. The employee may have a justifiable reason for being off without notifying their line manager and managers should take any mitigating circumstances into account when dealing with such situations. In some cases where there is no justifiable reason for the absence(s), the situation may be treated as misconduct and in cases where the unexplained absence(s) is prolonged or persistent; this may result in dismissal in line with Provides Disciplinary Policy.

Provide reserves the right to withhold/claim back pay where there is no justifiable reason and no mitigating circumstances for unauthorised absence from work.

6.15

Administration

It is the responsibility of the line manager to ensure that all absences are notified to Provide’s payroll providers Where appropriate, this should be done by recording the absence on the E-Roster system and/or on ESR system, including recording an accurate reason for the absence.

Managers must ensure the absence period is closed, either by recording such on E-Roster and or on the ESR system when an employee returns to work. This part of the process is critical because accurate, timely absence information is essential for Provide to monitor & manage its absence levels and also reduces the risk of overpayment, or an employee being incorrectly paid.

Where absence is related to pregnancy, absence triggers will not apply.

Absence related to a contagious disease, disability or long-term health condition may be ringfenced for trigger purposes

Employees with long term debilitating conditions or cancer will be managed on a case-by-case basis. Managers should seek advice from the People Partnering Team in these instances before taking further action.

Please note that diarrhoea and vomiting (D&V) is not in itself a notifiable disease. However, some notifiable diseases will have symptoms of D&V such as salmonella and dysentery. Recurrent episodes of diarrhoea may result in a confirmed diagnosis being gained from our Occupational Health provider.

In the case of an absence being due to an accident at work, in certain circumstances there is a legal requirement that such an absence is reported to the Health and Safety Executive. Employees should advise their line manager of any accidents in the workplace, and these should be recorded on the appropriate IT System e.g. DATIX.

An absent employee should not undertake any work, paid or otherwise during their absence

If work is recommended as part of a phased return to work plan, then attempts will be made to identify suitable duties for the employee.

6.16 Return to Work (RTW)

Any employee who has been absent due to sickness, irrespective of the duration of the absence, should be contacted and where possible interviewed by their line manager (or delegated representative, where the line manager is not on duty), preferably on the first day back at work (and in any event within a period of not more than 3 days after their return).

At the Return-to-Work Discussion the absence dates and reason for absence will be discussed and if the employee has reached the trigger point, they will need to be advised that a letter will be sent, inviting them to a Stage 1 meeting.

The Return-to-Work Discussion form should be completed by the line manager and a copy sent to the People Services Team (provide.sickness@nhs.net).

Please note that the RTW, ESR and E-Roster system (where applicable) must be completed correctly with the same absence dates; the date the sickness started and the date the period of unavailability to work finished, thus avoiding the extension of the absence over a longer period

For example, if an employee works a three-day week, Monday to Wednesday and reports unwell on Monday then the employee would then need to inform the manager when the sickness ended. If this is on the Thursday, then this would be recorded as being closed on the Thursday (resulting in 3 days absence being recorded). If the next date the employee would be well enough to work is the following Monday, then this should be recorded as 7 days

6.17 Annual Leave

If an employee is unwell or is injured before or during a period annual leave, Provide may allow you to record this as sickness absence and use your annual leave at an agreed alternative date as long as you fulfil the requirements of the absence reporting procedure outlined within this policy and submit the appropriate certification

An employee on long term sick leave will accrue statutory annual leave and be able to carry over statutory annual leave which they have not taken as a result of being on sick leave. Annual leave accrued during long term sickness absence may be used to support a phased return to work

Full details of sickness absence and annual leave can be found in the Annual Leave Policy.

6.18 Phased Returns

Upon returning from a period of absence it may be necessary for the employee to return on a phased return. A phased return will support an individual to have a gradual return to duties and hours over a set period. This provides a valuable

period of readjustment enabling the individual to get back to work duties and routine whilst maintaining their recovery.

A phased return will usually be recommended by occupational health and/or via a fit note from a GP confirming an employee is ready to return to work. The duration and hours worked during a phased return will differ and be dependent on factors such as length of time absent from work and the reason for the absence etc.

It should be noted that during a phased return to work, the employee may not undertake additional work via Workforce Solutions or any other agency.

6.19 Redeployment

Following an assessment by Occupational Health, where the advice is that an employee is medically unfit to carry out/return to their current role but that they may be fit to undertake an alternative role, advice and guidance should be sought from the People Partnering Team by the line manager about next steps.

6.20 Contagious Disease

If an employee is unable to attend work due to having a contagious disease; including but not exclusively one of the following: -

• Chicken pox

• Diphtheria

• Rubella

• Mumps

• Scarlet fever

• Whooping cough

If the absence is covered by a GP certificate, it will be recorded as absence but will be ringfenced for trigger purposes In cases of contagious disease, the absence must be reported on the P6 form as an “infection” or on E-Roster as an “infectious disease” on a separate code.

Absences for those employees working in an environment which necessitates them remaining off work when they have or have recently had an infection such as diarrhoea & vomiting (e.g. employees working in roles with direct patient contact are excluded from work if they have suffered diarrhoea & vomiting, until they have been asymptomatic for 48 hours) will be recorded in the normal way but the 48 hours period will be discounted for trigger purposes. However, in this situation employees and managers should discuss whether work can be completed at home or in another location to avoid the time being recorded as sickness absence.

Please note that diarrhoea and vomiting (D&V) is not in itself a notifiable disease. However, some notifiable diseases will have symptoms of D&V such as salmonella and dysentery. Recurrent episodes of diarrhoea will result in a confirmed diagnosis being required and Occupational Health should be contacted to provide further advice.

6.21 Hospital/Medical Appointments

Wherever possible hospital, medical and dental appointments should be arranged to ensure the least disruption to the service e.g. non-working days, the start or end of a shift, or during a scheduled break. Appointments within working hours require prior management approval to attend. Normally time off for such appointments must be made up at an alternative time as agreed between the manager and employee unless covered by a statutory entitlement e.g. ante-natal appointment

It is recognised that employees with a disability may need time off for appointments in relation to their disability and guidance should be obtained from Occupational Health in relation to each employee case. Advice from Occupational Health may indicate that a certain number of medical appointments which the employee may require in connection with their disability could be deemed a reasonable adjustment under the Equality Act 2010.

If a hospital appointment is part of a long-term health issue, then the employee should discuss the matter with their line manager to determine whether the time will be recorded as special leave, annual leave, time in lieu or other working arrangements could be used or whether the hours need to be worked.

Where an employee has to leave work to attend an emergency appointment with a doctor or dentist and is absent for the majority of a shift, this will usually be recorded as a period of sickness absence.

6.22 Confidentiality

As with other employee details, the attendance record and any information relating to health matters are confidential. Under the ‘Access to Medical Reports Act’ and ‘Data Protection’ legislation, employees have a right to see medical reports and records held relating to their attendance.

6.23 Representation

An employee is entitled to be accompanied by a trade union representative or a work employee at formal meetings of this procedure.

7 MONITORING AND REVIEW

7.1 This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements relating from legislative changes.

7.2 Review will be undertaken by a member of the People Partnering Team and monitoring will be conducted in respect of policy outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made

8. PROCEDURE FOR MANAGING PERSISTENT, SHORT TERM & INTERMITTENT ABSENCE

8.1 In essence, the procedure consists of 3 stages -

1. Formal Review (Stage 1)

2. Formal Review (Stage 2)

3. Formal Review (Stage 3 - Referral to Senior Management)

8.2 The above procedure should be initiated when an employee reaches/exceeds one of the following triggers: –

• 10 calendar days absence in any rolling 12-month period OR

• 4 occasions of absence in any rolling 12-month period OR

• A repeated pattern of absence which is causing concern (i.e., patterns of absence on specific days of the week (Monday/Friday) or directly before or after a period of annual leave etc.) OR

• Where an employee experiences both long and short-term periods of sickness absence, and their absence is having a detrimental impact on service delivery, even if one of the other triggers (for short or long term absence) has not been reached/exceeded

8.3 These triggers include both medically certified and self-certified absences.

8.4 FORMAL REVIEW (STAGE 1)

8.4.1 A Stage 1 meeting will be held if an employee reaches one of the triggers (as set out in point 1.2 of this procedure above). Prior to this meeting, an Occupational Health management referral may be undertaken, the assessment report can be reviewed at the meeting.

8.4.2 A letter inviting the employee to the meeting must be sent which will give them 7 calendar days (excluding bank holidays) notice of the meeting. The employee also has the right to be accompanied at the meeting by their trade union representative or a fellow employee and a copy of their absence record should be enclosed with the letter. A People Partner representative may also attend.

8.4.3 Managers may seek advice from the People Partnering Team before the meeting, and the following matters should be discussed at the Formal Review (Stage 1) meeting:

• A recap of any salient points raised during Return-to-Work discussions

• Confirm number of days, occasions and reasons for absence, including any patterns (over the last 12-month period)

• A review and discussion of the Occupational Health assessment report.

• If the employee has a disability or long-term medical condition, it is important that support and/or reasonable adjustments needed are discussed and agreed Consideration should also be given to the employee completing a Health Passport, if they have not already done so.

• Consider if appropriate adjustments/support has been given to assist the employee to sustain full attendance, including exploration of flexibility in working arrangements

• Explore whether any potential work-related reasons for continuing absence been addressed as far as reasonably possible

• Explore steps the employee has taken to date to support their recovery

• Any relevant assessments to be completed i.e. Stress Risk Assessment / Wellness Action Plan.

• The effect of absence on the service and the rest of the team (morale, workload, temporary cover etc.) and ideas around how to cover the employee if future absence is anticipated

• The employee’s own views about support or assistance etc. that can be given to enable them to ensure the necessary improvement to their attendance.

• Exploration of whether job redesign or redeployment is appropriate

• An action plan to improve attendance.

8.4.4 The next stages of the procedure should be explained, ensuring the employee is aware of the possible consequences if regular attendance cannot be sustained.

8.4.5 At the end of the meeting, a review date should be agreed. This will be 3 months from the date of the meeting and will serve as an initial 3month monitoring period for the employee.

8.4.6 The manager must write to the employee confirming the main points of discussion and agreed action points, within 14 calendar days of the meeting.

8.4.7 If the employee has no absence in the initial 3-month monitoring period, the manager will hold a review meeting with them. At this meeting they will be set the target of no more than 7 days or 3 occasions of absence for the following 9 months monitoring period

8.4.8 If the employee does not exceed the target set or has no more sickness for the 9 months during the second monitoring period, they will no longer be considered under review of the Attendance Management Policy. However please see paragraph 6.10 above).

8.4.9 If the employee has had any further days of absence either:

• during the initial 3-month monitoring period instigated at the Formal Review (Stage 1) meeting,

• exceeds the target of no more than 3 occasions or 7 days absence in the 9-month monitoring period (after the initial 3-month monitoring period)

then a Formal Review (Stage 2) meeting should be arranged as soon as the target is exceeded and an Occupational Health Management referral undertaken The assessment report will be discussed at the Formal Review (Stage 2) meeting.

8.5 FORMAL REVIEW (STAGE 2)

8.5.1 This stage should follow the same process as the previous stage and the points raised at Formal Review (Stage 1) should be repeated; however, some additional matters may also need to be considered:

• Review agreed actions from Formal Review (Stage 1) meeting.

• Job redesign - restructuring a job by adding, changing or eliminating certain tasks or functions. Where an employee is no longer able to continue to carry out the full range of duties of their role, Occupational Health can offer advice as to what specific duties are possible when reviewing tasks and responsibilities and decisions taken on whether these adjustments are reasonable.

• Change in working arrangements – adjustment of working hours or work pattern or change to work location or environment or to reporting lines.

• Redeployment - where an employee is no longer able to continue to carry out the full range of duties of their role. Occupational Health can offer advice as to the suitability of alternative posts etc.

8.5.2 If an employee has yet to be referred to Occupational Health via a Management Referral, consideration should be given to undertaking this as soon as it is evident that the employee's attendance has not met the required standard, and that a Formal Review (Stage 2) meeting is being arranged. It may be necessary to obtain an up-to-date report where one has already been previously sort.

8.5.3 The same time scales should be set out to monitor improvement as described in Formal Review (Stage 1), although it is important to explain to the employee that any further sickness absence in the next 3 months monitoring period, or failure to meet the target set within the subsequent 9 month monitoring period, could result in matters progressing to a Formal Review (Stage 3) at which dismissal is an option.

The manager must write to the employee confirming the main points of discussion and agreed action points, within 14 calendar days of the meeting.

8.5.4 If the employee has had:

• any further days of absence during the initial 3-month monitoring period instigated at the Formal Review (Stage 2) meeting,

• exceeds the target of no more than 3 occasions or 7 days absence in the 9-month monitoring period (after the initial 3-month monitoring period)

then a Formal Review (Stage 3) meeting should be arranged as soon as the target is exceeded and an Occupational Health Management referral undertaken The assessment report will be discussed at the Formal Review (Stage 3) meeting.

8.5.5 If the employee does not exceed the target set or has no more sickness for the 9 months during the second monitoring period, they will no longer be considered under review of the Attendance Management Policy. However please see paragraph 6.10 above.

8.6 FORMAL REVIEW (STAGE 3 – REFERRAL TO SENIOR MANAGEMENT)

8.6.1 Where the employee has been unable to make, or sustain, an improvement to their attendance, their line manager will compile a management report, detailing all relevant information relating to the absence and management of the absence in accordance with this policy/procedure. The completed management report will be submitted to the Director of Operations or Head of Service responsible for the area the employee is employed in, or other senior manager formally nominated by an Executive Director.

8.6.2 Should the Director of Operations, or other senior manager, agree that a formal review meeting should be convened, they will invite the employee concerned to a Formal Review (Stage 3) meeting, giving sufficient written notification of the meeting (not less than 7 calendar days (excluding bank holidays).

The employee will be advised of their entitlement to be accompanied by a trade union representative or fellow employee and a copy of the management report, will be provided

8.6.3 The Director of Operations, or other senior manager, will chair the meeting, and will form a panel. The panel will comprise of a member of the People Partnering Team and may include (an) other manager(s) as appointed at the discretion of the Chair of the Panel.

8.6.4 If dismissal, redeployment, reduction in grade/or loss of status is an outcome available to the panel, this must be stated in the letter inviting the employee to attend. Employees may come forward at the meeting with other options such as stepping down, part-time working, etc.

8.6.5 At the meeting the management report will be discussed with the employee to enable the Chair of the Panel to make an informed decision.

8.6.7 The Chair of the Panel must adjourn the meeting to fully consider whether all reasonable options to assist the employee to sustain regular attendance have been explored by the line manager.

8.6.8 The Chair of the Panel will decide whether in the circumstances it is reasonable to give notice to the employee to terminate the contract of employment on the grounds of medical incapability i.e. that the employee is incapable of satisfactorily undertaking the duties required of them for health reasons, or has proven unable, or is deemed to be unlikely, to maintain a regular and reasonable level of attendance.

8.6.9 The outcome of the Formal Review (Stage 3) meeting must be confirmed in writing within 7 calendar days (excluding bank holidays) and, if dismissal is an outcome, the letter must include the date on which employment will end and the right of appeal to the appropriate Group Chief Officer/CEO.

The letter should be emailed and sent by recorded delivery. The employee may appeal within 14 calendar days (excluding bank holidays) of receiving the letter confirming the decision to dismiss.

8.6.10 Any period of notice will be in accordance with the statutory minimum or as specified in the employee’s contract of employment, whichever is the greater and will be on full pay, less any statutory benefits payable.

8.6.11 Where applicable the Chair of the Panel will review any decision to terminate the contract of employment in the light of any fresh medical evidence, which becomes available before the end of the notice period, or during an internal appeal against the dismissal, though this does not have to be at a formally reconvened hearing.

8.6.12 Where an employee is redeployed, has loss of status or reduction in grading, their absence will continue to be monitored following the principles of the Formal Review (Stage 2) process. If the individual exceeds the targets set out under Stage 2, the manager will move to the procedure for a Formal Review (Stage 3) meeting where dismissal may be a possible outcome.

9. PROCEDURE FOR MANAGING LONG TERM SICKNESS ABSENCE

9.1 Provide recognise that the nature of long-term absence may be particularly sensitive, for example where an employee is terminally ill. Managers must take into account the individual circumstances when managing absence of this nature. Advice will be available from the People Partnering Team at all stages of the process.

9.2 In essence, the procedure consists of 3 stages: -

1. Formal Review (Stage 1)

2. Formal Review (Stage 2)

3. Formal Review (Stage 3 – Referral to Senior Management)

9.3 This procedure should be initiated when any one occasion of absence extends beyond 4 weeks (28 calendar days). At this point (if not already done so) consideration should be given to undertaking a management referral to Occupational Health.

In addition, for any absences identified as being due to stress, anxiety or other absences of a similar nature, the manager should have a discussion with the employee to understand the causes (in particular if they are work related) and to seek any measures that can facilitate an immediate or early return to work.

A stress risk assessment/Wellness Action Plan should also be completed at the earliest opportunity and reviewed on a regular basis. Where stress is perceived to have been caused by the actions of the manager it may be appropriate for another manager/senior manager to carry out this assessment.

9 4 In the instance of musculoskeletal injuries as well as an Occupational Health referral the manager refer the employee to the MSK Physiotherapy Team as they are able to assess/treat at no charge to the employee. Consideration should also be given to seeking guidance from the Health & Safety Team to support a review of the individuals’ workstation etc, where appropriate

9 5 Where long-term sickness absence interlinks with short-term sickness absence, monitoring and review periods can be established upon return to work in line with the principles set out in point 6.9 above.

9.6. FORMAL REVIEW (STAGE 1)

9.6.1 If the employee has not been able to give an indication of their returnto-work date at this time, it is expected that this review meeting will take place around the sixth week of absence

9.6.2 A Formal Review (Stage 1) meeting will be arranged and a letter inviting the employee to the meeting must be sent which will give them 7 calendar days’ notice (excluding bank holidays) of the meeting. The employee should also be informed that they are entitled to be accompanied at the meeting by their trade union representative or a fellow employee. An representative from the People Partnering Team may also attend

9.6.3 Prior to this meeting, an Occupational Health referral should be made (if not already done so), the report of which should be reviewed at the meeting as well as measures that might facilitate a return to work, e.g. phased return to work, redeployment, reduced duties whilst awaiting tests etc. Advice should be sought by the line manager from the People Partnering Team

9.6.4 If the advice from Occupational Health is that there is no reasonable prospect of a return to work within the foreseeable future the manager should consider whether it is reasonable to allow a further period for recovery and how long this should be. This will depend on the circumstances of each case but as a guide if there is no prospect of the employee returning within the next 3 months the manager may wish to refer the case to a Director of Operations, or Head of Service, and progress to a Formal Review (Stage 3) meeting.

9.6.5 Where the manager decides a recovery period is reasonable, a target date for return to work should be set by the manager taking into account the advice from Occupational Health and any other medical professional (i.e. GP, hospital consultant etc.). The employee must be advised that if they are unable to return by that date a Formal Review (Stage 2) meeting would be arranged.

9.6.6 If the Occupational Health advice is that the employee is able to return to work, then discussion can be had regarding this and next steps agreed.

A formal written record of the main points of discussion at the meeting should be sent to the employee within 14 calendar days after the meeting.

9.6.7 If the employee returns to work on the agreed date:

• a Return-to-Work discussion should take place (form available on the Community Platform); and

• a separate conversation should take place regarding absence management following their return to work from a period of longterm absence.

The employee should be advised that if they have any persistent, short-term or intermittent absence this absence will be managed in line with the same formal stage of the sickness procedure, which they reached during the long-term process. Therefore, their Formal Review Stage 1 (Long Term procedure) is transferred to Formal Review (Stage 1) of the persistent, short-term and intermittent absence procedure and the associated triggers applied on their return to work.

The employee should be reminded of the associated triggers within the persistent, short-term & intermittent absence procedure which are:

➢ During the initial 3-month monitoring period, they should have no further absence.

➢ The following 9-month monitoring period there should be no more than 7 days or 3 occasions of absence.

9.6.8 Following the return to work, if the employee has further absence during the first 3-month monitoring period, the manager will move the management of the absence to the next stage of the formal process under short term or long-term sickness absence dependent on the length and pattern of sickness absence as detailed under (6.9) of the policy.

9.6.9 If the employee does not exceed the target set or has no more sickness for the 9-month monitoring period, they will no longer be considered under review of the Attendance Management Policy. However please see paragraph 6.10 above.

9.7 FORMAL REVIEW (STAGE 2)

9.7.1 It is expected that if the employee has not returned to work, this review meeting will take place around the twelfth week of absence.

9.7.2 If it becomes apparent that the employee is unlikely to return on a targeted return to work date, Occupational Health advice changes or the employee does not return on a previously agreed return to work date then a Formal Review (Stage 2) meeting will be arranged. This should be run along the principles of the Formal Review (Stage 1) meeting and include a review of any actions from the Stage 1 meeting

9.7.3 The meeting should review advice from Occupational Health and explore whether any reasonable adjustments could be made to the employees’ job or work environment to facilitate a return to work Where Occupational Health has confirmed the employee has a disability it is a requirement under the Equality Act 2010 to consider this and any reasonable adjustments that may be suggested to facilitate a return to work.

Reasonable adjustments may include a change of work base, a change of work pattern or working hours, provision of specialist equipment, moving to the same job in a different team or seeking redeployment.

When deciding what is reasonable, the manager must balance the request with the needs of the service.

9.7.4 If advice from Occupational Health suggests that the employee should be able to return in the near future following a slightly extended recovery (usually up to around 3 months), the manager may wish to set a new target date for return. If the employee fails to return by this new target date a Formal Review (Stage 3) meeting will be arranged.

9.7.5 If the updated advice from Occupational Health is that there is no reasonable prospect of a return to work within the foreseeable future, the manager should consider whether it is reasonable to allow a further period for recovery and how long this should be. When making this decision it is acceptable to take into account the length of time the employee has already been absent from work and the implications of further absence with meeting the requirements of the service.

9.7.6 If it is apparent that a return to work is not possible within the foreseeable future, it is not reasonable in the circumstances to wait any longer for the employee to recover, and all options to facilitate a return to work have been explored, then a Formal Review (Stage 3) meeting should be arranged and if necessary, a further Occupational Health Management referral undertaken

9.7.7 Following the Formal Review (Stage 2) meeting a written record of the main points of discussion should be sent to the employee, within 14 calendar days.

9.8 Permanent Incapacity

9.8.1 In cases where the Occupational Health Physician advises that an employee is permanently incapable of undertaking the duties of their substantive post, or any broadly comparable employment Provide may offer, it will be necessary to consider whether to terminate their employment on the grounds of capability due to ill-health. Where Occupational Health make this recommendation, they may also support an application for Ill Health retirement benefits, where appropriate. It should be noted that an application for ill health retirement is a separate process and not directly linked to the Managing Attendance Procedure.

9.8.2 Any decision to consider a dismissal in respect of an employee due to ill-health, with or without access to immediate pension benefits, must be discussed with the employee concerned and all other options must have been considered before holding a Formal Review (Stage 3) meeting to make the decision. (i.e. it must not be assumed that dismissal is inevitable in such circumstances).

9.8.3 There is a requirement placed on employers to take all reasonable steps in the workplace to assist an employee who is disabled within the meaning of the Equality Act 2010 to remain in their employment. Consideration must therefore be given to reasonable adjustments or redeployment in such cases, before a decision to dismiss can be taken.

9.8.4 In cases where an employee disagrees with the Occupational Health opinion that he/she is permanently incapable of undertaking the duties of his/her employment or any comparable employment available, the employee has a right to contest the opinion and to obtain an independent medical opinion.

9.8.5 Should Occupational Health considers that the employee is not permanently incapable, but where a period of long term absence is being considered under the formal stages of the managing long term absence process and there remains no prospect of a return to work, within the reasonably foreseeable future (as a guide between 3 and 6 months), the contract of employment can still be terminated on the grounds of capability as outlined in this Procedure

9.9 FORMAL REVIEW (STAGE 3 – REFERRAL TO SENIOR MANAGEMENT)

9.9.1 Once an up-to-date Occupational Health report is obtained a Formal Review (Stage 3) meeting should be arranged with the employee. The

manager will compile a management report, detailing all relevant information relating to the absence and the management of it in accordance with this policy/procedure

The management report will be submitted to the Director of Operations or Head of Service responsible for the area the employee is employed in, or other senior manager formally nominated by an Executive Director.

9.9.2 Should the Director of Operations, or other senior manager, agree that a Formal Review meeting should be convened, they will invite the employee concerned to a Formal Review (Stage 3) meeting, giving sufficient written notification of the meeting (not less than 7 Calendar days (excluding bank holidays). The employee will be advised of their entitlement to be accompanied by a trade union representative or fellow employee and a copy of the management report will be provided to them.

9.9.3 The Director of Operations, or other senior manager, will chair the meeting, and will form a panel. The panel will comprise of a member of the People Partnering Team and may include (an) other manager(s) as appointed at the discretion of the Chair of the Panel.

9.9.3 As dismissal is an outcome available to the panel, this must be stated in the letter inviting the employee to attend. Employees may come forward at the meeting with other options for consideration by the panel.

9.9.4 At the meeting the management report will be discussed with the employee to enable the Panel to make an informed decision.

9.9.5 The Chair of the Panel must adjourn the Formal Review (Stage 3) meeting to fully consider what has been heard and to make a decision.

9.9.6 During their considerations, the Chair of the Panel must take into account the employee’s views and an up-to-date Occupational Health opinion, and if appropriate the advice of other relevant health professionals. They will decide whether in the circumstances it is reasonable to give notice to the employee to terminate the contract of employment on the grounds of capability i.e. that the employee is incapable of satisfactorily undertaking the duties required of them for health reasons, or has proven unable, or is deemed to be unlikely, to maintain a regular and reasonable level of attendance.

9.9.7 The outcome of the Formal Review (Stage 3) meeting must be confirmed in writing within calendar days (excluding bank holidays) and, if dismissal is an outcome, the letter must include the date on which employment will end and the right of appeal to a Group Chief Officer The letter should be sent by recorded delivery. The employee may appeal within 14 Calendar days (excluding bank holidays) of receiving the letter confirming the decision.

9.9.8 Any period of notice will be in accordance with the statutory minimum or as specified in the employee’s contract of employment, whichever is the greater and will be on full pay, less any statutory benefits payable.

9.9.9 Where applicable the Chair of the Panel will review any decision to terminate the contract of employment in the light of any fresh medical evidence, which becomes available before the end of the notice period, or in the course of an internal appeal against the dismissal, though this does not have to be at a formally reconvened hearing.

9.9.10 It is not a requirement of the Attendance Management Policy that a person's entitlement to sickness payments must have expired before their employment can be terminated on the grounds of capability due to ill health

10. ATTENDANCE MANAGEMENT APPEALS PROCEDURE

10.1 Employees have the right to appeal against the outcome of decisions made at Formal Review (Stage 3) of either the managing persistent, short-term and intermittent sickness or long-term sickness absence process.

10.2 The Appeal must be received in writing within 14 Calendar days (excluding bank holidays) of being advised in writing of the outcome of the Stage 3 meeting and must state the employees’ grounds for appeal.

10.3 The Appeal should be in writing and addressed to the Group Chief Officer/CEO specified in the Outcome letter sent to the employee following a Formal Review (Stage 3) meeting. The Group Chief Officer/CEO in consultation with the People Partnering Team will make the necessary arrangements for the appeal to be heard.

10.4 Appeals against dismissal are heard by an Employment Appeal Sub Committee, which will consist of Group Chief Officer/CEO to Chair the Hearing and Director, People Partnering.

Where appropriate, authority to chair the hearing may be delegated.

10.5 Appeals against actions other than dismissal are heard by an Appeal Panel, which will consist of a Director of Operations or Head of Service, who will act as Chair of the hearing and a Lead People Partner

Where appropriate another manager independent from the section or service concerned may also sit on the panel.

10.6 Appeal Hearing Arrangements

10.6.1 The arrangements for appeals are that the employee will be given at least 14 calendar days (excluding bank holidays) written notice of the appeal hearing which should be heard as soon as possible. This will, normally be, within 28 calendar days (excluding bank holidays) of the employee receiving the letter confirming the outcome of the Stage 3 meeting.

10.6.2 The format of the Appeal hearing will follow the format of the Formal Review (Stage 3) meetings relevant to sickness process being utilised.

10.6.3 Following adjournment and consideration of all the information, the Chair of the Appeal Panel/Employment Appeal Sub Committee will present the decision. This will normally be given verbally. The decision of the Panel/Sub-Committee should be confirmed in writing by no later than 7 calendar days (excluding bank holidays) after the end of the hearing, outlining the main issues considered and the decision reached. The employee will be advised that there is no further internal right of appeal.

APPENDIX A:

NOTIFICATION OF ABSENCE & CONTACT DURING ABSENCE – A GUIDE FOR MANAGERS AND EMPLOYEES

1. The arrangements for notifying sickness absence should be made clear to all employees by their line manager, including that non-compliance may lead to disciplinary action being taken and an absence being deemed as unauthorised, which could lead to sickness pay being withdrawn. Instances of unauthorised working elsewhere whilst on sick leave will be referred to the Counter Fraud team for criminal investigation, as appropriate, in accordance with Provide’s Anti-Crime Policy

2. On their first day of absence, employees must telephone their line manager in line with the local departmental procedure let them know:

1) that they are unable to attend work,

2) the reason for absence

3) when they expect to be able to return and

4) to discuss whether they are able to undertake any work whilst absent.

5) when they will confirm to their manager that they are able to return to work

3. Absence must not be communicated via text message, email or via social media (including direct messages)

4. If unable to return by the date given, the employee must notify the line manager to keep him/her informed.

5. Employees should complete a self-certificate covering all absences of up to and including 7 calendar days and this must normally be submitted by the fourth day if absence extends beyond 3 days. If the employee does not have access to the self-certification form (available via the intranet) they must make arrangements with their line manager for the reasons of absence to be recorded.

7. If the absence continues for more than 7 calendar days, medical certificates from a doctor must be submitted to cover the remaining period of absence. If the employee is unable to deliver the certificate to the manager themselves, they must make alternative arrangements e.g. for a friend or relative to deliver the certificate or send it by recorded delivery post. If certificates are not received promptly the employee’s pay may be affected.

8. A ‘Fitness to Work’ certificate should normally be obtained in those cases where medical certificates or doctor’s statements for two weeks absence or more have been issued. This will not be necessary where the Occupational Health Adviser has advised that the employee is fit to return to work.

9. In exceptional circumstances (for example when there is a persistent pattern of absences for minor ailments) and following discussion with the employee concerned, a manager may require an employee to provide a medical certificate from the first day of absence. Such a requirement should be kept under regular review (not more than 3-month intervals) and removed when no longer appropriate. The cost of such a certificate will be reimbursed by Provide.

10. The line manager should maintain contact with the employee on a frequent basis throughout any period of absence. The employee is also expected for the first week of absence during working hours to maintain regular contact (or someone else on their behalf in exceptional circumstances), with their line manager. Unless the anticipated duration of absence is known (e.g. a doctor’s or medical certificate has been provided). A contact log noting the dates and times and key points discussed should be maintained by the manager. Home visits may be arranged but only with the prior consent of the employee and will be conducted with the line manager and an appointed person.

11. Where absence is due to stress (or a stress-related condition, such as anxiety), it is particularly important to establish and maintain frequent contact with the employee (either directly or through a fellow employee) to provide support to them and where appropriate to identify and address any underlying workrelated causes, that may be preventing their return to work. Where stress is perceived to have been caused by the actions of the line manager it may be appropriate for another manager to undertake this contact. (see Provide’s Psychological Wellbeing of Staff policy (HRPOL26 for further guidance).

12. The employee needs to be aware that their contract of employment continues during their absence and therefore full co-operation is expected at all times, including full engagement with the process. This will include the employee providing a contact point during their absence and attending, when requested, an appointment with the Occupational Health or other appropriate health practitioner as appropriate

Failure to Notify - Unauthorised Absence

13. If an employee fails without good cause to follow the notification arrangements e.g. where a medical certificate expires and a new one is not received, the absence should be treated as unauthorised. For all instances of unauthorised absence please refer to Provide’s Absent Without Leave (AWOL) Policy & Procedure (HRPOL51)

APPENDIX B: Return to Work Discussion Form

This form is to be completed by the Line Manager with the employee (for all periods of sickness absence) on the first day the employee returns to work or as soon as reasonably practical.

Employee’s Name:

Department / Directorate:

Location (Place of Work):

Date of Return to Work Interview:

Date Absence commenced:

Date of Return:

No. of days absence from work Calendar days Working Days

Reason employee gave for absence:

Certification (circle as appropriate): Self-Certificate Fit Note Unauthorised (no notification/certification)

Sickness Absence records for the last 12 months

Start Date End Date No. of days on Trigger Report

Reason for Absence

Has this current period of absence led to the employee reaching/exceeding a trigger which requires further action?

Yes / No

If yes, please provide further details and arrangements to be made for a formal meeting in line with the Attendance Management Policy (please consult with the People Partnering Team for further advice and support)

Is an Occupational Health referral required? (if the employee has hit a trigger for a formal meeting an OH referral should be considered)

Yes / No

Did the employee notify their Line Manager/nominated contact of their absence in line with reporting procedures? Yes / No If no, a reminder of the reporting procedures should be covered

Has a health and safety incident report been completed? (In cases of accident/incident/assault at work)

Yes / No If yes, please provide further details

Did the employee consult with their GP (or other medical practitioner)? Yes / No

Did the GP make any recommendations on a “fit note” as to a phased return to work or potential changes to the employees’ hours, duties or working environment.

If yes, please give details: -

Yes / No

Does the employee consider that they have a disability/long term health condition? Yes / No

If yes, please provide further details & support the completion of a Health Passport)

Record of issues discussed:

Where action is required, include any relevant dates/timescales/ support arrangements agreed

Actions to be completed by the line manager (OH referral, arranging a formal stage meeting, discuss change to working pattern, changes in working hours, support with Stress Risk Assessment/Wellness Action Plan/Health Passport etc.)

Actions to be completed by the employee (GP appointment, breaks at work, completion of Stress Risk Assessment/Wellness Action Plan/Health Passport etc.)

Name of Line Manager conducting discussion: -

Managers

Signature:

Employees

Signature:

Date:

Self-Certification Form

This form is to be completed by the employee as soon as possible on return to work after sickness or injury absence. The information should account for:

(a) Absence of between 1 and 7 calendar days (including weekends)

(b) The first 7 calendar days of any longer absence, excluding any part covered by a GP Fit Note.

When completed this form should be passed to your line manager.

Making a false statement may result in disciplinary action, including the possibility of dismissal.

Last Name:

First name(s):

Department:

Job Title:

Line Manager:

I certify that I was incapable to work due to sickness/injury during the period stated below.

First Working day unfit for work:

No of days absence from work:

Last calendar* day you were unfit for work:

Date returned to work following period of absence:

* The requirement for a doctor’s certificate is based on calendar days not working days

Details of Sickness/Injury: Please say briefly why you were unfit for work and if you consulted with a GP or other medical practitioner. (Please give details of your sickness or injury, words like ‘illness’ or ‘unwell’ are not sufficient).

Do you consider this sickness a result of a work related accident, assault or ill health?

(if so an incident report form must be completed)

Do you consider this sickness related to an impairment/disability under the Equality Act (2010)?

Yes / No

Any issues you may have arising from your sickness absence should be discussed with your Line Manager at your returnto-work discussion.

I confirm that the information I have given is correct and I have not carried out any work, paid or unpaid, for this or any other organisation during the above period of sickness. I acknowledge that the personal information provided will be dealt with in a confidential manner in accordance with the requirements of the Data Protection Act and may be used to provide statistical data as part of Provide’s absence management responsibilities.

Employee’s

Signature:

Date:

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Attendance Management Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the policy and procedure for managing absence across the Provide Group

Project/Policy Manager: Director, People Partnering Date: November 2024

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral, HR data is not highlighting that more employee’s from minority/underrepresented groups are having their absence managed, however we will continue to monitor.

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.

Impact is positive, no further detailed assessment required.

Guidelines: Things to consider

• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.