Attendance Policy monitoring and managing absence

Transcription

1 Attendance Plicy mnitring and managing absence Suth Black Cuntry Educatin ltd (SBCE) aims t encurage all its emplyees t maximise their attendance at wrk. Hwever, it is recgnised that a certain level f absence frm wrk is inevitable fr a variety f reasns, including sickness. While SBCE understands that there will inevitably be sme absence amng emplyees, it must als pay due regard t its business needs. If an emplyee is frequently absent frm wrk r is absent fr a lengthy perid (fr whatever reasns), this can damage efficiency and prductivity, and place an additinal burden f wrk n the emplyee's clleagues. By implementing this plicy/prcedure, SBCE aims t strike a reasnable balance between the pursuit f its business needs and the genuine needs f emplyees t be absent frm wrk because f sickness r fr family, dmestic r ther reasns. The key aim f the plicy/prcedure is t encurage reliable attendance amng all emplyees, s that a dependable staffing base can be established t meet SBCE's needs. All emplyee absences will be cunted fr the purpse f this plicy/prcedure except apprved hlidays, family leave perids (eg maternity leave), apprved cmpassinate r special leave, pregnancy-related absences, absences resulting frm a wrkplace accident, and (unless it is justifiable t include them) absences that are related t an emplyee's disability. The applicatin f this attendance plicy/prcedure des nt imply that an emplyee is ding, r has dne, anything wrng. The prcedure is a means f managing attendance, and shuld nt be cnfused with the disciplinary prcedure. Prcedure Managers respnsible fr staff are expected t manage and cntrl their emplyees' attendance. This prcedure has three stages and invlves the applicatin f absence "trigger pints". It als invlves the allcatin f respnsibility t individual line managers t interview any emplyee whse level f absence has reached a defined trigger pint and, depending n the circumstances, issue a warning abut unsatisfactry attendance. Stage 1 f the prcedure is activated at r after: a. Three absences in any three mnth perid; r b. Five separate ccasins f absence in any 12-mnth perid; r c. A cause fr cncern abut absence by the line manager. The result f an emplyee reaching stage 1 f the attendance prcedure will be an attendance review meeting with the line manager, which will nrmally result in a first written warning fr unsatisfactry attendance. Stage 2 f the prcedure is activated if at any time during the fllwing 12 mnths the emplyee has:

2 Further absence in the fllwing three mnth perid; r triggers number 2 abve. The result f reaching stage 2 will be an attendance review meeting with the line manager, which will nrmally result in a secnd written warning. Stage 3 f the prcedure invlves a repeat f the stage 2 trigger pints. Reaching stage 3 f the prcedure will nrmally result in the emplyee's dismissal, unless there are mitigating factrs making it reasnable fr SBCE t decide nt t dismiss. Where an emplyee has triggered stage 1 f the attendance prcedure, but his/her level f attendance imprves s that it falls belw the relevant trigger pint during the fllwing 12 mnths, the emplyee will be remved frm the prcedure. Where the attendance level f an emplyee wh has reached stage 2 f the prcedure falls belw the trigger pint fr the next perid, he/she will autmatically revert t the previus stage f the prcedure fr the fllwing 12 mnths. Managers may, in apprpriate circumstances, use their discretin t discunt certain absences (fr example n cmpassinate grunds), and nt issue a first r secnd written warning where stage 1 r 2 f the prcedure has been triggered. Hwever, an attendance review meeting shuld still take place in these circumstances. If an exceptin is t be made, the reasn fr it shuld be discussed and clearly recrded. Similarly, SBCE may decide nt t dismiss an emplyee wh has reached stage 3 f the prcedure if there are special circumstances justifying this curse f actin. Again a recrd shuld be made f the reasns fr the decisin. Whenever a trigger pint is activated, the manager shuld take the fllwing actins: Check the emplyee's absence recrd t gain an accurate assessment f the number f days' absence that he/she has had and the number f separate ccasins n which he/she has been absent. Write t the emplyee inviting him/her t a frmal attendance review meeting, enclsing a statement summarising the emplyee's perids f absence during the relevant defined time perid and advising him/her f the right t be accmpanied by a fellw wrker r trade unin fficial at the meeting. Ntify the HR department that an attendance review meeting is being set up with the emplyee. A member f HR department may elect t be present at the meeting. At the meeting, invite the emplyee t explain the reasns fr his/her absences, and give him/her the pprtunity t put frward any mitigating factrs. Ensure that the emplyee understands the requirements f the attendance prcedure, the reasns why the prcedure is in place, the stage that he/she has reached in the prcedure, and the pssible cnsequences f a cntinuing unsatisfactry level f attendance. Enquire whether there is anything that the manager can d t facilitate an imprvement in the emplyee's level f attendance Are there any changes in the staff member s duties r wrking envirnment t assist in their rehabilitatin that need t be frmally cnsidered. Keep a recrd f the key pints discussed at the meeting and the utcme. After a stage 1 r stage 2 meeting, issue a written warning fr unsatisfactry attendance, unless the circumstances merit a different apprach.

3 If the meeting was a stage 3 meeting, the matter shuld be referred t the HR Adviser fr SBCE wh will arrange: Fr the emplyee t see Occupatinal Health (if a recent reprt frm Occupatinal Health has nt been received) A frmal hearing with a Senir Manager r independent persn frm utside f SBCE, with the line manager present wh will reprt n the facts f the case, cnsider whether r nt the emplyee shuld be dismissed. The Hearing will cnsider if the prcedure t date has been fair, including: a. Giving the emplyee fair warning that his r her attendance is unsatisfactry, b. A fair pprtunity t put frward representatins and a reasnable pprtunity (and a reasnable amunt f time) t imprve. c. The emplyee has had an pprtunity t seek an independent medical pinin d. Whether it is unreasnable t wait any lnger fr the emplyee t return, bearing in mind the interests f SBCE s peratins, the psitin which the emplyee hlds and the need t be fair. e. In disability related absences t cnsider that reasnable adjustments have been made including the trigger pints and the emplyee's level f absence was sufficient t justify dismiss and that issues surrunding the case had been cnsidered in full. If the emplyee is dismissed then ntice in line with the terms f the emplyee's cntract will be given in these circumstances. Nte: The Emplyment Rights Act 1996 prvides that where an emplyer has "sme ther substantial reasn" t dismiss the emplyee, the dismissal is capable f being fair. An emplyee whse attendance is unsatisfactry due t absences fr a variety f reasns may ultimately be fairly dismissed fr "sme ther substantial reasn". Appeals Prcedure against Ntice f Dismissal 1 An emplyee wh wishes t appeal against ntice f dismissal shuld infrm the HR Adviser f SBCE in writing within ten days f the date f the decisin which frms the subject f the appeal. 2 The appeal will be heard by a member f the Executive Bard f SBCE r their delegated manger. 3 The appeal hearing will take place as sn as reasnably practicable after the ntice t appeal has been received by the HR Adviser. The emplyee will be given at least five wrking days ntice f the date, time and place fixed fr the appeal hearing (unless an earlier date has been mutually agreed).

4 4 At the appeal hearing, the emplyee will be given an pprtunity t state his r her case and will be entitled t be accmpanied and represented by the trade unin representative r wrkplace clleague f his r her chice. 5 The Appeal Hearing shall take int accunt any representatins f the emplyee and the decisin t dismiss, and take such actin as it cnsiders apprpriate. 6 The decisin will be ntified t the emplyee within five wrking days and will be final and binding. 7 In cases f an appeal against a ntice f dismissal, the dismissal will nt be cnfirmed until the appeal has been determined. Date Agreed Review date Cmments January 2017 February 2018

5 Appendix 1 Return t Wrk Interview Recrd Staff Name: Explain t the member f staff that the purpse f return t wrk interviewing is t manage and mnitr emplyee s attendance s that any prblem areas can be identified and supprt ffered where apprpriate. 1. Establish as accurately as pssible the reasns fr the ccurrence f shrt-term absences and give details. (see examples f underlying causes) 2. Is the member f staff fully recvered and fit t carry ut their full range f duties? Is there a disability relating t the absence and if there is, is there a supprt plan r des the supprt plan, already in place, need reviewing? 3. Des the member f staff require any further advice r supprt?

6 i.e. are there any factrs at wrk r external t wrk which may have caused r cntributed t the absence and what actins can be agreed t supprt the emplyee? 4. Des the member f staff require any further medical treatment r advice? If yes, please give brief details (Avid asking intrusive medical questins) 5. Is the member f staff taking any medicatin that may affect their ability t carry ut their duties? If yes, please give brief details 6. What are the implicatins f the member f staff s absence n the service delivery and their wn wrk?

7 Perid given fr imprvement: Detail the target given t imprve attendance recrd within a reasnable perid f time: (an example f a target culd be n absences within a three mnth perid ) Referral t Occupatinal Health? Explain stage tw and stage three f the prcedure: cnfirm here Issue Warning if apprpriate: cnfirm here Signature: Date: (Member f staff) Signature: Date: (Line Manager) Original: Line Manager Meeting cntent Phtcpy: HR (cpy will be placed n e-persnal file) Staff member

8 Managers Prmpt Sheet: Return t Wrk Meeting Welcme back Absence lk at the facts/histry Respnsibility what will the emplyee d t imprve attendance what can yu d t supprt their imprvement Mve n what needs t happen next in terms f prcedure. What needs t happen in terms f wrk (end n a psitive) During the meeting cnsider: Jb related: Bring/repetitive wrk Lack f training/guidance Over/under wrked Unreasnable deadlines/demands made Wrk hazards Unpleasant wrking cnditins Wrn ut/brken dwn equipment. Persnal issues: Family care Mnlighting in secnd jbs Scial cmmitments Dmestic/financial prblems Persnal sickness/disability Addictins t alchl/drugs etc Practical prblem with accmmdatin/transprt Emtinal upsets, eg bereavement, divrce.

9 Recrd f Frmal Warning fr imprving attendance Appendix 2 Stage One Emplyee s Name: Team: Date: Further t the meeting t review yur sickness absence recrd which tk place n at I wuld cnfirm that I nw issue yu with a frmal written ntificatin f cncern, effective frm Over the past (mnths) yur absence recrd has been as fllws: Dates Ttal Days Reasns fr Absence I have discussed yur absence recrd with yu (n previus ccasins) and have indicated that yur level f attendance is belw that which is required. It is causing difficulties in the wrkplace and therefre this written Frmal Warning is issued t yu. If yu cnsider that this Warning has been issued inapprpriately, yu must write t the HR Adviser fr SBCE within five days f receiving this letter. When writing t the HR Adviser, yu must explain what pints have, in yur view, been given insufficient cnsideratin by yur Manager. The HR Adviser will respnd after reviewing the relevant paperwrk within ten wrking days. In accrdance with SBCE s Attendance Plicy, if there is the required imprvement in yur attendance, maintained ver the fllwing 6 mnths frm the abve date f issue, this Warning will lapse. Hwever, shuld yur attendance fail t imprve ver the next twelve mnths t the extent that yu are absent frm wrk fr a ne/tw ccasins, then yu may be given a Final Written Warning in line with the prcedure. I trust that yu will be able t attend wrk n a regular basis with the aim f achieving a 100% attendance recrd. If yu have any prblems which make it impssible fr yu t attend wrk, I wuld urge yu t tell me immediately s that we can try t find a satisfactry slutin. I have explained t yu the difficulties we face when yu fail t attend yur place f wrk and the effect that this has n the efficient delivery f ur services. I trust that this

10 ntificatin t yu will lead t the imprvement required and that n further actin will be necessary. Signed Psitin: [A cpy f the return t wrk interview frms and a cpy f this letter, and placed n the individual s e-file held n the HR drive]

11 Recrd f Final Written Warning fr imprving attendance Stage Tw Emplyee s Name: Team: Date: Further t the meeting t review yur sickness absence recrd which tk place n at I wuld cnfirm that I nw issue yu with a Final Written Warning effective frm fr failing t achieve/maintain a satisfactry attendance recrd. Over the past (mnths) yur absence recrd has been as fllws: Dates Ttal Days Reasns fr Absence Yur recrd has been discussed with yu n previus ccasins and I have tried t ascertain why yur recrd f attendance has cntinued t be unsatisfactry. Yu have cnsistently been unable t achieve an acceptable level f attendance. The team is unable t cntinue t sustain this degree f absence. In accrdance with SBCE s Attendance Plicy, if there is the required imprvement in yur attendance f n mre than ne absence in the next 6 mnths, this final ntificatin f cncern will lapse. Shuld hwever yu then fail t sustain the imprvement in yur recrd f attendance, fr the fllwing twelve mnth perid (18 mths in ttal) until then yu will again be subject t Stage Three f the prcedure. Hwever, if yu d have tw mre absences within the next 6 mnth perid, frm the abve date f issue, SBCE will have t cnsider the terminatin f yur emplyment. I trust that this ntificatin will lead t desired imprvement and that n further actin will be necessary.

12 Yu may appeal against this final written Ntificatin f Cncern and if yu wish t d s, shuld ntify the HR Adviser fr SBCE within five days f receipt f this letter. Signed: Psitin: [A cpy f the return t wrk interview frms and a cpy f this letter, and placed n the individual s e-file held n the HR drive]