Sickness absence - format of the formal sickness absence meeting

14.3.1. Introductions

The Chair of the Formal Sickness Absence Meeting should confirm receipt by all present of any documentation, including copies of the Sickness Absence Procedure, and advise that the purpose of the meeting is to:

1. Establish facts
2. Consider the management case
3. Consider the employee’s case
4. Make a decision after considering evidence provided
5. Decide whether further action is necessary as a result

Refer to the Introduction Section for more detail on the purpose of the Formal Capability Meeting.

14.3.2. Main Case

• The manager should state the management case outlining specific areas of concern and attempts made to address these with the employee.  N.B. on some occasions, the manager (graded MG1 or above) will chair the meeting and will therefore present the management case.

• The employee (and/or Trade Union Representative or work colleague) will be required to respond to the management case..

• The manager chairing the Formal Sickness Absence Meeting must attempt to identify whether there are any circumstances e.g. personal or health considerations that may affect the employee’s Sickness Absence.

In sickness absence cases, the following should be included:

o Whether the employee has an underlying medical condition
o Whether there are factors contributing to the employee’s sickness absence which are work related (working conditions, relationships, work related stress, working arrangements etc)
o Whether there is a likelihood of future sickness absences
o When or if the employee is likely to be fit to return
o Whether the employee may be covered by the Equality Act 2010

• The employee should be allowed to raise any points that they wish to be considered.

Before any decision is made, the manager chairing should adjourn the Formal Sickness Absence Meeting to consider the case and decide what appropriate action to take. 

14.3.3. Adjournment

During the adjournment, the manager chairing should consider the options listed below:

1. No Further Action required  - the employee’s sickness absence record is considered satisfactory or there are extenuating circumstances which have a material affect on the employee’s sickness absence record

2. Issue a Warning * 

3. Redeployment - as an alternative to dismissal – if the employee is clearly unable to perform the duties of their role and agrees to redeployment – it is advisable to seek HR advice if this is the situation. 

4. Dismissal - advisable to seek advice from HR prior to Formal Sickness Absence Meeting.

* In addition to a warning, a monitoring period should be set which is appropriate to the nature of the medical condition/recovery/hospital appointments/etc (e.g. 2 months) and how progress will be monitored.  In addition, where relevant, the next Formal Sickness Absence Meeting should be scheduled (e.g. 2nd Formal Sickness Absence Meeting).  It may also be appropriate to develop an Action Plan i.e. to assist the employee’s return to work and rehabilitation.

14.3.4. Decision-making

In making a decision the manager chairing the Formal Sickness Absence Meeting should be satisfied that:

o All relevant circumstances have been fully investigated
o The sickness absence procedure has been complied with
o The facts have been established
o Requirements of the Equality Act 2010 have been complied with (as appropriate)
o Mitigating or personal circumstances have been considered
o The action contemplated is justified in the circumstances of the case
o Previous current warnings under this procedure have been considered

14.3.5. Reconvene

The Formal Sickness Absence Meeting should be reconvened for all parties and the employee advised of the decision verbally and informed of their right to appeal against the decision.

However, if it is not possible re-convene the meeting with all involved within a short period of time, the employee should be advised that this will not delay the decision
 e.g. if the employee or their representative are not at work for sometime. 

14.3.6. Confirming the Outcome

The manager chairing the Formal Sickness Absence Meeting should confirm the outcome in writing, to the employee, within 5 days of the meeting and should advise of the Appeals process including who to send their appeal notification to. 

Where a warning is issued, the letter should include details of any improvements required, an action plan, the monitoring period and how progress will be monitored, any reasonable adjustments to be made, any support available and depending on what stage the procedure is at, that any failure to improve performance/reduce sickness absence could lead to further warnings or ultimately dismissal and the date of the next Formal Sickness Absence Meeting.

14.3.7. Where a Sickness Absence warning is issued, the following may apply:
Set a monitoring period.  During which time the employee is required to meet objectives to improve their performance/sickness absence record in all the areas of concern. Failure to improve during this monitoring period will mean progression to the next stage of the procedure (e.g. progression to a 2nd Formal Sickness Absence Meeting).

14.4 Progression from 1st to 2nd Formal Sickness Absence Meeting

A 2nd Formal Sickness Absence Meeting will be scheduled to be held at the end of the monitoring period, or earlier where appropriate (e.g. if the triggers set are reached), to ascertain whether sufficient improvement in sickness absence has taken place.  This meeting could result in a Final Warning.

In sickness absence cases, it may be appropriate to re-refer the employee to Fit for Work or the Council’s Occupational Health Service to obtain further advice on when or if the employee is likely to be able to return to work and on whether early retirement on the grounds of ill-health is a possibility. 

A meeting should be arranged with the employee to discuss the consequences of acting upon the advice received from Fit for Work or the Council’s Occupational Health Service, which may take place during the monitoring period. 

14.5 Progression from 2nd to 3rd Formal Sickness Absence Meeting

A 3rd Formal Sickness Absence Meeting will be scheduled to be held at the end of the monitoring period, or earlier where appropriate, to ascertain whether sufficient improvement in sickness absence has taken place.  This meeting could result in dismissal.

In sickness absence cases, it may be appropriate to re-refer the employee to Fit for Work or the Council’s Occupational Health Service to obtain further advice on when or if the employee is likely to be able to return to work and on whether early retirement on the grounds of ill-health is a possibility. 

15. Process in Long Term Sickness Absence Cases

In long-term sickness absence cases, the employee’s likelihood of return to work will be a major factor in determining any action.

However, the employee must be alerted that a consequence of their continuing sickness absence is that their employment could be terminated.

This decision may be taken before their entitlement to sick pay has expired.

A decision to dismiss the employee should only be taken where every attempt has been made to enable the employee to return to work (in their own or another post) depending on the circumstances.  The manager (graded SPM3 or above) must have taken into account advice from Fit for Work or the Council’s Occupational Health Service, particularly the most recent advice i.e. within one month of making a final decision.  The employee should be offered support as appropriate.

An employee cannot be dismissed because of incapability due to high sickness absence levels unless warnings and a chance to improve have been given, with additional support if necessary.