Sickness absence - possible actions under the sickness absence procedure
9. Possible actions under the sickness absence procedure
No actions should be taken against an employee under the Formal Sickness Absence Procedure unless the employee has been given guidance at a Guidance Meeting on their sickness absence record and a Formal Sickness Absence Meeting has been carried out.
Where there are difficulties in meeting with the employee (e.g. in cases of serious illness), managers are advised to contact HR for advice.
The following actions may be applied as a result of a Formal Sickness Absence Meeting:
1. No further action and monitoring or no further action and further monitoring
2. Warnings issued
3. Redeployment
4. Dismissal
9.1. No Further Action
The employee’s sickness absence record is considered satisfactory or there are extenuating circumstances, which as a consequence have an effect on the employee’s sickness absence record.
9.2. Warnings Issued
9.2.1. First Warning
A warning is likely to be given where measures taken following the Guidance Meeting have resulted in little or no improvement in their sickness absence record.
A First Warning, if issued, will be held on the employee’s file for 6 months.
If a First Warning is issued at the 1st Sickness Absence Meeting, a monitoring period will be set during which time the employee is expected to improve their sickness absence record. A meeting to review sickness absence will be scheduled at the end of the monitoring period, or earlier where appropriate to ascertain whether sufficient improvement in sickness absence has taken place.
The employee needs to be informed that if there is insufficient improvement during the monitoring period, a Final Warning could be issued at the 2nd Sickness Absence Meeting.
The length of the monitoring period should be appropriate but should not extend beyond the duration of any action (warning) issued e.g. monitoring period following First Warning should not exceed 6 months.
If necessary, further action may be taken, in accordance with this procedure before the expiry of the review period that has been set.
9.2.2. Final Warning
A Final Warning may be issued where there is continuing evidence of high sickness absence levels.
A Final Warning can be issued prior to the expiry of the First Warning. The Final Warning will commence on the date it is issued and will replace the First Warning.
A Final Warning, if issued, will be held on the employee’s file for 12 months.
The employee must be informed that if there is insufficient improvement during the monitoring period, dismissal could follow at a 3rd Formal Sickness Absence Meeting.
9.2.3. Incremental Salary Progression
Employees who receive a written warning will not receive their next incremental salary progression. In subsequent years, subject to satisfactory attendance, increments will be paid. This arrangement is initially being piloted for one year and will be reviewed in 2014.
Incremental progression will not be withheld for employees on warnings for long term sickness (defined as 28 days or more of sickness).
Managers must ensure that HR is notified when a warning is issued to an employee in order to stop the payment of the next increment.
9.2.4. Sickness Absence Concerns
Where, an employee receives a First Warning for sickness absence and subsequently receives a warning for their performance the warning given for the sickness absence issue will be deemed to be the second warning under the Sickness Absence Procedure.
9.3. Redeployment
In sickness absence cases, redeployment should always be considered as an alternative to dismissal on sickness absence grounds. For such cases, advice should always be sought from Fit for Work or the Council’s Occupational Health Services on suitable alternative employment.
Where a decision has been taken to seek redeployment, the employee should be issued with notice during which time redeployment will be sought.
If redeployment cannot be found within the employee’s notice period, the employee will be dismissed on the grounds of unsatisfactory attendance.
9.4. Dismissal
Where it is evident that all previous attempts to assist the employee to improve their attendance to an acceptable standard have failed and no redeployment opportunities are available, if relevant, an employee may be dismissed.
The panel at the 3rd Sickness Absence Meeting will decide whether it is appropriate for the employee to work their notice period. If they are not required to work, they will be paid in lieu of notice and receive payment in respect of any outstanding annual leave.
The employee will normally receive written notice in accordance with their contractual notice period or statutory notice period whichever is greater.
For dismissals on the grounds of incapability due to ill health, consideration should be given to whether the employee is entitled to take their pension early.
No decision to dismiss should take place unless an employee has previously been given guidance about their sickness absence record.