11. Procedure for unacceptable levels of short-term absences
Informal Absence review
This will be conducted by a line manager once a team member surpasses either 3 absence occurrences in any rolling 12-month period, has a Bradford score of 50 or above, or a pattern of short-term absences are identified.
During the meeting, the line manager should discuss their failings in maintaining an acceptable level of absence, and may issue an informal verbal warning, if deemed appropriate. The informal verbal warning will usually remain on file for 6 months and may be taken into consideration for any other form of further misconduct. The warning will be disregarded for disciplinary purposes after 6 months of satisfactory performance.
An improvement plan/targets will be set to identify an acceptable level of absence/attendance that the team member should achieve. For example, the team member should not have 3 or more absence occurrences whilst the warning is live on file.
The line manager should advise the team member that failing to meet these targets may result in further formal absence procedures.
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Formal Absence Review meeting (Stage One)
If the targets set at the Informal Absence Review are not achieved, or in the absence of an Informal Review the team member’s Bradford Score surpasses 100, the team member will be requested to attend a Formal Absence Review Meeting.
The team member shall be given reasonable notice to attend the meeting (no less than 48 hours), and have the right to be accompanied.
The line manager/meeting chair should investigate the absences further and at this stage determine whether a referral to an OH specialist would be appropriate. In cases of uncertainty, HR should be consulted.
It should be explained to the team member why their level of absence is unacceptable. They should also be given the opportunity to state their case, and whether there are any factors (whether personal or at work) which may be contributing to the absence levels which the company should be made aware of.
An adjournment should take place to contemplate all evidence provided, as well as decide whether at this stage a First Written Warning should be issued. In cases where a warning is issued, this will remain on file for 12 months in accordance with the disciplinary policy.
An improvement plan/targets will be set to identify an acceptable level of absence/attendance that the team member should achieve. For example, the team member should not exceed 3 or more absences whilst the warning is live on the team member’s file.
The line manager should advise the team member that failing to meet these targets may result in further formal absence procedures.
The outcome of the meeting should be confirmed in writing to the team member within 5 working days. They should be given the right to appeal this decision within 5 working days of the outcome being issued.
Formal Absence Review meeting (Stage Two)
If targets set at the Informal Absence Review are not achieved, the team member may be requested to attend a second stage Formal Absence Review Meeting.
The team member will be given reasonable notice to attend the meeting (no less than 48 hours) and have the right to be accompanied.
The line manager/meeting chair should investigate the absences further and at this stage determine whether a referral to an OH specialist would be appropriate. In cases of uncertainty, HR should be consulted.
It should be explained to the team member why their level of absence is unacceptable. They should also be given the opportunity to state their case, and whether there are any factors (whether personal or at work) which may be contributing to the absence levels which the company should be made aware of.
An adjournment should take place to contemplate all evidence provided, as well as decide whether at this stage a Final Written Warning should be issued. In cases where a warning is issued, this will remain on file for 12 months in accordance with the disciplinary policy.
An improvement plan/targets will be set to identify an acceptable level of absence/attendance that the team member should achieve. For example, the team member should not exceed 3 or more absences whilst the warning is live on the team member’s file.
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The line manager should advise the team member that failing to meet these targets may result in further formal absence procedures.
The outcome of the meeting should be confirmed in writing to the team member within 5 working days. They should be given the right to appeal this decision within 5 working days of the outcome being issued.
Formal Absence Dismissal Hearing - Ill health Capability (Stage Three)
If the team member continues to have short term absences from work, despite the targets set at the previous review meeting, and additional support being offered and provided, the line manager may arrange a Formal Absence Dismissal hearing under grounds of Ill Health capability.
The purpose of this dismissal hearing is to consider a team member’s sickness absence, and to make a decision regarding their employment moving forward. This may be implemented where conditions and targets set during the first two formal reviews have not been met, and unacceptable levels of short-term absence continue. The decision of a dismissal on grounds of ill-health capability should only be taken once all options have been exhausted. A decision to dismiss on these grounds should not be made without prior approval from the HR department and/or a Director.
A detailed report of all absences, OH reports (if applicable), review findings and targets, as well as all paperwork relating to the absences, should be compiled, and provided to the team member in anticipation of the meeting, as well as a letter inviting them to the hearing. A minimum notice of 48 hours should be given, as well as the right to be accompanied.
Meeting minutes should be taken at the hearing, and shared with the employee and their companion following the meeting should they request them.
The following will be taken into consideration when deciding the outcome of the hearing;
• the impact the individuals absence has had on the business and work colleagues;
• the support provided;
• actions of adjustments which have been made so far;
• whether the team member has a disability and what reasonable adjustments have been made; and
• whether redeployment or early retirement has been discussed where appropriate.
The outcome of the hearing may result in their employment with Tingdene Group, or any of it’s subsidiaries ending with contractual notice, for unsatisfactory attendance at work on the grounds of ill-health capability.
Whilst it is in the best interest of the team member to attend the hearing, it is recognised that this is not always possible, and so the team member may request a change in date/time. Where possible, the line manager should make every effort to accommodate this. If the team member waives the right to attend the meeting, or refuses to attend, or fails to attend two pre-arranged hearings, their case and any documentation submitted may be reviewed and a decision reached in their absence.
If the employee is dismissed on grounds of unsatisfactory attendance due to ill-health capability, they will be entitled to receive their contractual notice period and any outstanding holiday pay.
A decision to this effect should not be made without prior consultation with HR.
The team member should also be given the right of appeal. Team members shall receive five working days’ notice from the date of receipt of the outcome letter to submit their ground for appeal.
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12. Long-term sickness absence
For the purpose of this procedure, Long-term Sickness is defined as an illness or absence from work which has lasted at least 28 calendar days, or 4 weeks of their normal contracted hours.
After this time period of continued absence, a referral to OH may be made, where appropriate. This should be completed to determine the expected period of absence, identify any temporary adjustments that may be available to allow the team member to return to work, as well as determine what other actions may be necessary.
Occasionally, team members who otherwise have good attendance, may suffer ill health, leading to a longterm absence. It is essential this is monitored and managed, to enable the team member to receive appropriate support and for reasonable adjustments to be considered where the employee has a disability, and for the impact on the business to be minimized. The line manager, Health and Safety and HR should be consulted in providing suitable reasonable adjustment.
13. Procedure for unacceptable levels of long-term sickness absence
Informal welfare interview
After a period of 28 calendar days, or 4 weeks’ of the team member’s contractual hours, a welfare contact or visit should be made with them. This should be conducted by the line manager, and supported by a member of the HR team. The purpose of this meeting is to check on the welfare of the team member, and to ascertain any progress with their absence. At this meeting, support can be offered, and if applicable at this stage, a referral to OH can be discussed. If a referral has not been completed, consent may be sought in this meeting for an OH Referral.
Where the absence is in relation to stress, either of a personal or workplace nature, extra sensitivity is required. Guidance can be obtained from the HR team on how best to conduct this meeting where stress or Mental health is a factor. Further guidance relating to stress at work can be found in the Stress at Work policy.
It is important that during a period of Long-Term absence that regular contact is made to the team member from a welfare perspective. The team member is obliged to update the business of their prognosis throughout any period of long-term absence. This can be done via telephone, email or post as deemed appropriate. This contact should remain supportive and sympathetic. It is recommended that following each contact, the conversation is followed up with a written communication of what was discussed, and when the next form of contact will be made.
The line manager/meeting chair should investigate the absence further and at this stage determine whether a referral to an OH specialist would be appropriate. In cases of uncertainty, HR should be consulted.
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Formal Absence Review meeting (Stage One)
If the absence continues for a further 28 calendar days, or 4 weeks of their normal contractual hours following the informal welfare meeting, the line manager should start to investigate the long-term implications on the business operations caused by the absence, and may conduct a formal absence review meeting with the team member.
The employee should be given a minimum of 48 hours’ notice of the meeting, and should be given the right to be accompanied.
If an OH referral has not been completed by this stage, one should be sought immediately. Key questions should be asked on the referral including the likelihood of return and an indicated timeline for a return to work. Consent must be obtained from the team member prior to making an OH referral.
If the team member fails to attend the OH appointment or refuses to give consent, Tingdene Group are entitled to make decisions on their absence without medical advice. Failure to attend a pre-arranged OH appointment may also result in the company deducting the associated costs from the employee’s salary.
If the employee continues to be absent from work, and there is either not a clear indication of a likely return to work date in the near future, and/or the team member’s absence is having a significant impact on the business operations, it may be appropriate to issue a First Written Warning. In cases where a warning is issued, this will remain on file for 12 months in accordance with the disciplinary policy.
Formal Absence Review meeting (Stage Two)
Where an team member’s absence continues and following both the Informal welfare meeting, and the First Formal Absence review meeting, there is no sustained improvement or prognosis for improvement then the line manager may progress to a Formal Absence review meeting (Stage two).
The employee should be given a minimum of 48 hours’ notice of the meeting, and should be given the right to be accompanied.
The meeting should cover the following:
a. Explain the grounds for the meeting and clarify that the meeting is part of the Formal Absence- ill health capability procedure.
b. Discuss all absence data including the reasons for absence and overall days lost due to the absence. It is also advised to discuss the impact this has had on business operations.
c. Discuss the OH referral report/s, as well as discussions had at prior review meetings (both informal and formal). If appropriate, a course of action should be agreed to resolve the absence problem, and record this as an absence improvement programme.
d. If appropriate, and following the advice from OH, options should be discussed in relation to reasonable adjustments, for example redeployment or altered work.
e. The line manager should at this stage decide whether a Final Written Warning is appropriate due to length of time off work.
f. At this stage, the team member should be made aware that if improvements are not made, and that reasonable adjustments cannot facilitate a return to the workplace, then we may progress to a final formal meeting, which may result in their dismissal on grounds of ill health capability. Prior to progression to this stage, prior advice and consent must be sought from the HR department and/or a Director.
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Formal Absence Dismissal Hearing- Ill health Capability (Stage Three)
The purpose of the formal absence dismissal hearing is to consider a team member’s sickness absence, and to make a decision about their employment moving forward. This stage of the process should only be conducted when all other reasonable options have been exhausted, and where there is no indication that the employee will be able to make a full return to work in the immediate future.
A report should be compiled of all available evidence and meeting notes from previous Absence review meetings, which should be discussed as part of the hearing. This can include, but may not be limited to, OH reports, absence data, GP fit notes, meeting minutes, and actions or adjustments which have been made so far, Health and Safety Risk Assessments (if previously completed/applicable), and any communication either to or from the team member which relates to their absence.
The team member should be given a minimum of 28 hours’ notice to the meeting and should be given the right to be accompanied.
Whilst it is in the best interest of the team member to attend the hearing, it is recognised that this is not always possible, and so the team member may request a change in date/time. Where possible, the line manager should make every effort to accommodate this. If the team member waives the right to attend the meeting, or refuses to attend, or fails to attend two pre-arranged hearings, their case and any documentation submitted may be reviewed and a decision reached in their absence.
If it is deemed that there are no alternatives but to dismiss on the grounds of ill health capability, the team member will be entitled to their contractual notice, as well as any outstanding holidays.
A decision to this effect should not be made without prior consultation with HR.
The team member should also be given the right of appeal. Team members shall receive five working days’ notice from the date of receipt of the outcome letter to submit their ground for appeal.
14. Timekeeping/Lateness
All team members of Tingdene Group have a duty to ensure they adhere to the working hours stipulated within their employment contract. This means that the employee is at their workstation ready to start work at the time stated in their contract, or the time stipulated in the working rota which team members with varied hours are provided with in advance.
Any occurrences of lateness should be reported to the line manager through the correct channels which are; a call to the line manager, if this is not available, an email should be sent explaining the reason for the lateness, and the expected time the team member will arrive at work.
Timekeeping will be monitored by your line manager.
Sanctions for failure to adhere to this are:
Occurrences of lateness
More than 3 occurrences of lateness in a 6-month period
Any further occurrences of lateness
Sanction
Verbal Warning
The team member will be invited to attend a review hearing where a Written Warning may be issued.
Continual failure to meet this standards/targets set may eventually lead to dismissal.
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15. Responsibilities of the line manager
All line managers employed by the Tingdene Group or any of its subsidiaries, have a duty of care for the health, wellbeing and welfare of their staff members, and are responsible for ensuring that every effort is made to achieve the highest level of attendance.
Line managers should ensure that they are familiar with the Absence Management Policy and the steps which need to be taken to manage the associated procedures correctly.
Regular reviews of absence levels of the line manager’s direct reports should be conducted, and if in doubt about the acceptable levels of attendance, HR should be consulted without delay or prior action.
In the event that a team member has demonstrated unacceptable levels of attendance, either short or long term, every effort should be made to facilitate a return to work. This may include redeployment, reasonable adjustments, or additional support for the team member.
When an employee returns to work, a comprehensive Return to Work meeting should be conducted within the first 24 hours to ensure the employee is fit for work, and any support is identified and offered.
16. Responsibilities of the Employee
Team members are responsible for maintaining regular contact with their line manager and/or the Organisation throughout the duration of any absence. Where a period of sickness is not covered by a Fit note issued by a medical practitioner, daily contact should be made with their line manager. Where a period of absence is covered by a Fit note, the certificates must be given to the line manager immediately upon receiving the certificate.
Employees have a responsibility to maintain acceptable levels of attendance and should aim to be at work for all contractual days/hours where possible.
Team members should familiarise themselves with the Absence Management Policy to ensure they are aware of the contractual obligations for the duration of their employment.
17. Responsibilities of the HR team
Line managers and team members can receive support from the company HR department, in resolving any Ill Health Capability issues which may arise.
The HR department can provide advice on the following; Absence Management policy and procedures, identifying patterns and unacceptable levels in absence, and facilitating meetings between line management and team members.
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The Tingdene Group, 34-36 Bradfield Road, Finedon Road Industrial Estate, Wellingborough, Northamptonshire NN8 4HB
Tel: 01933 551627
PARKS | MARINAS | BOAT SALES | LIFESTYLE
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