Policy Review Sheet. Review Date: 30/05/18 Policy Last Amended: 30/05/18. Next planned review in 12 months, or sooner as required.

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1 Category: Human Resources Sub-category: Performance & Discipline Page: 1 of 6 Policy Review Sheet Review Date: 30/05/18 Policy Last Amended: 30/05/18 Next planned review in 12 months, or sooner as required. Note: The full policy change history is available in your online management system. Low Medium High Critical Business Impact: X Changes are important, but urgent implementation is not required, incorporate into your existing workflow. Reason for this review: Were changes made? Summary: Change in legislation Yes This policy has been reviewed and updated to reflect changes required as a result of GDPR. Relevant Legislation: Equality Act 2010 Equality Act 2010: Chapter 1 (Protected Characteristics) Chapter 2 (Prohibited Conduct) and Chapter 3 (Services and Public Functions) General Data Protection Regulation 2016 Data Protection Act 2018 Underpinning Knowledge - What have we used to ensure that the policy is current: Government, (2010), Equality Act [Online] Available from: [Accessed: 30/05/2018] Government, (2010), Explanatory Note to the Equality Act [Online] Available from: [Accessed: 30/05/2018] Suggested action: Encourage sharing the policy through the use of the QCS App Share Key Facts with all staff Develop training sessions for relevant staff Ensure the policy is discussed in planned supervision sessions with relevant staff Ensure relevant staff are aware of the content of the whole policy

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3 Page: 3 of 6 1. Purpose 1.1 Where absence becomes a cause for concern, will take steps to address the issues in accordance with this policy. 1.2 intends to help and guide staff to improve attendance or identify steps to facilitate a return to work. 1.3 Employees should be aware of this policy and understand when it will be applicable. 1.4 To support in meeting the following Key Lines of Enquiry: Key Question SAFE EFFECTIVE WELL-LED Key Line of Enquiry (KLOE) S3: How does the service make sure that there are sufficient numbers of suitable staff to support people to stay safe and meet their needs? E2: How does the service make sure that staff have the skills, knowledge and experience to deliver effective care and support? W3: How are the people who use the service, the public and staff engaged and involved? 1.5 To meet the legal requirements of the regulated activities that is registered to provide: Equality Act 2010 Equality Act 2010: Chapter 1 (Protected Characteristics) Chapter 2 (Prohibited Conduct) and Chapter 3 (Services and Public Functions) General Data Protection Regulation 2016 Data Protection Act Scope 2.1 The following roles may be affected by this policy: All staff 3. Objectives 3.1 To ensure that there are sufficient staffing levels to allow to function at least in accordance with regulatory or contractual requirements. 3.2 To ensure that absences are managed effectively and appropriate action is taken to limit this as far as is possible.

4 Page: 4 of 6 4. Policy 4.1 Avoidable absenteeism, such as short notice unexplained/un-evidenced sickness, will not be tolerated and may lead to disciplinary action. 4.2 Targets for acceptable absenteeism, such as sickness, will be set (e.g. national average sickness rates) and employees assessed against those targets. 4.3 All absenteeism will be recorded on the employee s personnel file, and the information will be reviewed, assessed and discussed during formal supervisions, and, where acceptable, personal targets will be set. 4.4 Any data collected as part of this policy will be processed in accordance with current Data Protection legislation, the Privacy Notice issued to staff and 's Data Security and Data Retention Policy and Procedure. appreciates that certain health data and medical reports will be special category data and will process this data accordingly. 5. Procedure 5.1 If the member of staff has short-term persistent absences with no underlying health issues, then London Care Responds Limited may take action following the same warning process as set out under the Capability Policy and Procedure. may choose to put in place attendance targets as part of this process in order to avoid further formal action being taken. 5.2 Any formal warning under this policy is treated as a capability warning for attendance purposes only. It is not a disciplinary warning for misconduct, nor is it a warning for poor performance. Any live warning for attendance issues will not be taken into account in any disciplinary or performance process. These processes, although similar, are separate. 5.3 If the member of staff's absence is long-term or there are underlying medical issues, it may be inappropriate to set targets on attendance and to commence a capability warning process. Instead London Care Responds Limited may choose to seek a medical report either from the member of staff's GP or from an Occupational Health Specialist. The purpose of this report will be to advise on the nature of the member of staff's ill health, ability to perform their role, length of time this is likely to last and whether there are any reasonable adjustments which could be made to allow the member of staff to return to work or improve their attendance. 5.4 will fully consult with the member of staff throughout the process and consideration will be given to any reasonable adjustments on an ongoing basis. This may include redeployment into a role which the member of staff is able to perform. If the member of staff is unable to return to work despite the Organisation's best efforts, will then need to consider whether the member of staff's employment should be terminated with notice or payment in lieu of notice where appropriate. 5.5 The member of staff is entitled to bring a Trade Union Representative or fellow employee as a companion to any meetings under this process. 5.6 The member of staff has a right to appeal at each stage of this procedure and the appeal should be made in writing setting out the full grounds of appeal. The appeal should be provided to within 7 days of the decision letter confirming the outcome. will then arrange for an appeal meeting to take place. Should any further investigation be required the member of staff will be provided with any further information arising from this prior to the appeal meeting taking place. Following the appeal meeting, will inform the member of staff of the outcome within 7 days. There will be no right of appeal thereafter. In the event that the outcome of the initial process is dismissal, the date of dismissal will not be delayed pending an appeal. In the event that the appeal is successful and the decision to dismiss is revoked, the member of staff will suffer no loss of continuity or pay.

5 Page: 5 of 6 6. Definitions 6.1 Capability One of the five potentially fair reasons for dismissing an employee under section 98 of the ERA This involves an assessment of whether or not the member of staff is "capable" of doing their job by reference to skill, aptitude, health or any other physical or mental quality 6.2 Occupational Health Specialist An independent doctor who specialises in occupational medicine and is therefore able to make a balanced assessment of a member of staff's health and how it might affect their ability to perform their role 6.3 Reasonable Adjustments Reasonable adjustments may be required where premises, working arrangements or the lack of auxiliary aids put a disabled person at a substantial disadvantage compared to others 6.4 Special Category Data Special Category Data is a category of data which is more sensitive than normal data. This incudes data which relates to: Race Ethnic origin Politics Religion Trade union membership Genetics Biometrics (where used for ID purposes) Health Sex life; or Sexual orientation Key Facts - Professionals Professionals providing this service should be aware of the following: This policy is not to be used in circumstances of misconduct (where the Discipline Policy and Procedure should be used) or for poor performance (please refer to the Capability Policy and Procedure) but purely for issues of attendance management where there are no underlying health issues This policy is supported by the Capability Policy and Procedure which sets out the stages of dealing with a formal attendance management process Management should ensure that they investigate any underlying health condition before proceeding with an attendance management process Further Reading As well as the information in the 'Underpinning Knowledge' section of the review sheet we recommend that you add to your understanding in this policy area by considering the following materials: Government Guidance on the Equality Act Managing attendance and employee turnover: An ACAS Guide -

6 Page: 6 of 6 Outstanding Practice To be Outstanding in this policy area you could provide evidence that: Take steps to address attendance issues as early as possible Put in place a clear absence "trigger" e.g. 5 sick days in 6 months Identify when it would be inappropriate to proceed with this policy as early as possible by consulting and discussing matters with the member of staff The wide understanding of the policy is enabled by proactive use of the QCS App