Joint Report by Clerk to the Council and Head of Legal and Democratic Services

Transcription

1 ITEM 15(c) SICKNESS ABSENCE PERFORMANCE MANAGEMENT Joint Report by Clerk to the Council and Head of Legal and Democratic Services SCOTTISH BORDERS COUNCIL 29 March PURPOSE AND SUMMARY 1.1 This report advises Members of the decisions of Scrutiny and Executive in relation to a Scrutiny hearing on Sickness Absence Performance Management and requests that the matter be now resolved by Scottish Borders Council. 1.2 At the Scrutiny meeting of 16 February 2012, a follow-up hearing was held into Absence Management and Business Continuity within Scottish Borders Council, which focussed on absence levels, updates on initiatives and progress on future actions to reduce sickness absence levels. Scrutiny made the following recommendations to Executive: (a) that the speed of absence management action points was slow in lowering levels of absence and should be speeded up by Human Resources; (b) that the current policy whereby employees would be in breach of their contracts should they contact Councillors about employment matters be reviewed by the Chief Executive to ascertain whether it was possible that contact could be made with Councillors and Councillors would then pass on the details to HR; (c) that informal conflict resolution processes between employees and line managers be reviewed and consolidated by Human Resources; (d) that Human Resources investigate the use of restorative practice/ mediation at work at an early stage in any breakdown of working relationships between employee and manager; (e) that Directors ensure all staff were regularly advised of HR policies and procedures and the expectations placed upon them as both line managers and employees; (f) that all line managers be reminded of their responsibilities in terms of contacting employees during periods of absence; and (g) that the Director of Education and Lifelong Learning, in consultation with HR, investigates the rising level of teacher absence rates to ascertain causes and any ways to minimise causes and report back to Scrutiny on the findings. Scottish Borders Council 29 March

2 1.3 These recommendations were considered at the Corporate Management Team meeting on 29 February The Executive considered the recommendations at its meeting on 20 March 2012 and made the following decisions: (i) that no action be taken in respect of Scrutiny recommendations (a), (b), (e) and (f) as detailed above; (ii) that no action be taken in respect of Scrutiny recommendations (c) and (d) as both matters were currently under review and the outcome of the review would be presented to a future meeting of the Executive; and (iii) to approve Scrutiny recommendation (g) as detailed above, but amended to read that the findings be reported back to the Education Executive. 1.5 The Clerk to the Council has provided advice to both Executive and Scrutiny, and the Head of Legal and Democratic Services has provided advice to Scrutiny, that the matter should be considered by Council to ensure that a solution is found prior to the local government election on 3 May 2012 owing to the lack of scheduled meetings prior to that date. 2 STATUS OF REPORT 2.1 This report is an urgent paper due to the need to reach a decision on the the matter and the lack of scheduled meetings of Scrutiny and Executive for the matter to be further considered prior to the Council election in May There is no time to allow due process on a call-in, therefore the matter is being referred to Scottish Borders Council for decision. 3 RESOLUTION 3.1 It is recommended that the Council agrees a solution to the Sickness Absence Performance Management matter through approving: EITHER (a) the original recommendations made to the Executive from Scrutiny on 16 February 2012; OR (b) the decisions of Executive made on 20 March 2012; OR (c) a different solution after due consideration at the meeting. Scottish Borders Council 29 March

3 4 SCRUTINY RECOMMENDATIONS 16 February At the Scrutiny meeting of 16 February 2012, a follow-up hearing was held into Absence Management and Business Continuity within Scottish Borders Council. In attendance to give a presentation to Scrutiny, and to answer Members questions, were the Head of Audit and Risk, the Acting Manager of Human Resources, and Councillor Nicol Depute Leader (HR). The presentation focussed on three areas: absence levels, updates on initiatives and progress on future actions to reduce sickness absence levels. 4.2 Members of Scrutiny considered the information which had been provided. In discussing their findings, Scrutiny members agreed that the hearing had been very informative and that absence management should be looked at by the Panel on a regular basis. There remained a significant amount of work to be carried out, and it was generally felt that the approach was encouraging although progress had been slow. 4.3 Scrutiny then agreed the following recommendations to the Executive: (a) that the speed of absence management action points was slow in lowering levels of absence and should be speeded up by Human Resources; (b) that the current policy whereby employees would be in breach of their contracts should they contact Councillors about employment matters be reviewed by the Chief Executive to ascertain whether it was possible that contact could be made with Councillors and Councillors would then pass on the details to HR; (c) that informal conflict resolution processes between employees and line managers be reviewed and consolidated by Human Resources; (d) that Human Resources investigate the use of restorative practice/ mediation at work at an early stage in any breakdown of working relationships between employee and manager; (e) that Directors ensure all staff were regularly advised of HR policies and procedures and the expectations placed upon them as both line managers and employees; (f) that all line managers be reminded of their responsibilities in terms of contacting employees during periods of absence; and (g) that the Director of Education and Lifelong Learning, in consultation with HR, investigates the rising level of teacher absence rates to ascertain causes and any ways to minimise causes and report back to Scrutiny on the findings. 4.4 Scrutiny recommendations for Executive were considered at the Corporate Management Team meeting on 29 February 2012 where it was agreed that the Head of Audit and Risk, and Acting HR Manager, seek clarity from the Head of Legal and Democratic Services and the Senior Solicitor (Employment) regarding Councillors being in any contact with SBC staff on employment matters; and then speak with Councillor Nicol regarding the recommendations. Scottish Borders Council 29 March

4 5 EXECUTIVE DECISIONS 20 March At its meeting held on 20 March 2012, the Executive considered Scrutiny s recommendations as detailed in paragraph 4.3, and Councillor Nicol proposed that: (i) no action be taken in respect of recommendation (a) because absence action points were dealt with timeously by Human Resources; (ii) no action be taken in respect of recommendation (b) because guidance was already in place by means of the Council s Grievance Procedure and Code of Conduct; (iii) no action be taken in respect of recommendations (c) and (d) as both were under review at the moment, the outcome of which would be presented to a future meeting of the Executive; (iv) no action be taken in respect of recommendations (e) and (f) because both were already carried out; and (v) the findings on the rising level of teacher absence rates as detailed in recommendation (g) be reported back to the Education Executive instead of Scrutiny. 5.2 Councillor Nicol s proposals were accepted and Executive agreed the following: (i) that no action be taken in respect of Scrutiny recommendations (a), (b), (e) and (f) as detailed above; (ii) that no action be taken in respect of Scrutiny recommendations (c) and (d) as both matters were currently under review and the outcome of the review would be presented to a future meeting of the Executive; and (iii) to approve Scrutiny recommendation (g) as detailed above, but amended to read that the findings be reported back to the Education Executive. 5.3 The Clerk to the Council provided advice to the Executive meeting prior to their decision on potential processes should the recommendations of Scrutiny be changed. It was likely that Scrutiny would consider the matter at its meeting on 22 March 2012, and dependent on the outcome of their deliberations, the matter may have to be referred to the Scottish Borders Council meeting scheduled for 29 March 2012, to allow the matter to be resolved before the election on 3 May SCRUTINY MEETING 22 March At its meeting held on Thursday 22 March 2012, as part of the discussion of an item of business on Update on Scrutiny Recommendations, members of Scrutiny considered the Executive decisions of 20 March 2012 and expressed their concern and dismay regarding the treatment of the Scrutiny recommendations. Consideration was given to the best way forward whether this be through a call-in of the Executive decision or Scottish Borders Council 29 March

5 through a direct recommendation from Scrutiny to the Council meeting on 29 March The Clerk to the Council provided advice to Scrutiny on how the matter could now be taken forward. If a call-in was received the usual process was for the matter to be considered at the next available meeting of Scrutiny and then referred back to Executive. Members of Scrutiny were mindful to support a call-in of the Executive decisions. In terms of the callin process, should the matter not be agreed between the two Committees, then the matter would be placed before Council for final resolution. Due to the lack of scheduled meetings up until the Council election on 3 May 2012, it would be difficult to schedule in special meetings of both Scrutiny and Executive and potentially full Council before that date. As the Scheme of Administration stated that the Council could deal with any function referred or delegated to any other Committee, the Clerk to the Council advised that Council could therefore consider either a call-in directly, without referral to Scrutiny or Executive, or consider a direct recommendation from Scrutiny. 6.3 The Head of Legal and Democratic Services joined the meeting to explain that the matter was a procedural rather than a legal consideration. After further debate, the Head of Legal and Democratic Services proposed that he and the Clerk to the Council present a report to Council on 29 March 2012, outlining what had happened at both Scrutiny and Executive and recommending that the matter be resolved at Council. Scrutiny members agreed to this as a way forward. The Clerk to the Council advised that in that case, no call-in was necessary, as the matter would be resolved at Council. 7 IMPLICATIONS 7.1 Financial There are no costs attached to any of the recommendations contained in this report. 7.2 Risk and Mitigations There is a risk to the reputation of the Council should the matter not be resolved at the meeting. The Clerk to the Council has provided advice to both Executive and Scrutiny, and the Head of Legal and Democratic Services has provided advice to Scrutiny, that the matter should be considered by Council to ensure that a solution is found timeously. 7.3 Equalities An Equality Impact Assessment is only required to be carried out should this report require a decision on policies which is not the case with this report. It is anticipated that there are no adverse equality implications on the basis of age, disability, gender, race, sexual orientation, pregnancy and maternity or religion and belief. 7.4 Acting Sustainably It is thought that there the options in this report have no economic, social or environmental effects. Scottish Borders Council 29 March

6 7.5 Carbon Management It is thought that the options in this report have no impact on the Council s carbon emissions. 8 CONSULTATION 8.1 The Chief Financial Officer, the Acting Chief Executive and the Head of Audit and Risk have been consulted on this report and comments have been incorporated. Approved by Head of Legal and Democratic Services, Ian Wilkie Clerk to the Council, Jenny Wilkinson Author(s) Name Designation and Contact Number Jenny Wilkinson Clerk to the Council Tel: Background Papers: Nil. Previous Minute Reference: Executive, 20 March 2012; Scrutiny, 22 March Note You can get this document on tape, in Braille, large print and various computer formats by contacting the address below. Jenny Wilkinson can also give information on other language translations as well as providing additional copies. Contact us at: Jenny Wilkinson, Scottish Borders Council, Council Headquarters, Newtown St Boswells, Melrose, TD6 0SA. Tel: jjwilkinson@scotborders.gov.uk Scottish Borders Council 29 March