Promoting Staff Wellbeing and Managing Absence Policy

FPSS Promoting Staff Wellbeing and Managing Absence Policy

1

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Our Policy Furze Platt Senior School is committed to promoting the wellbeing of its staff. As a result, it is our policy to manage attendance sensitively and proactively. We want our staff to be at school and where this is not possible we want to achieve their return to work as soon as possible. The school recognises that absence has a detrimental effect on the efficient delivery of pupil education and the morale of other staff who will be affected by additional workload. We also recognise that in many cases returning to work makes a positive contribution to recovery from illness. We will therefore promote the wellbeing of our staff and manage absence effectively from an early stage, ensuring that individual employees are treated in line with good employment practice. This policy sets out our procedures for reporting sickness absence and for the management of sickness absence in a fair and consistent way. Sickness absence can vary from short intermittent periods of ill-health to a continuous period of long-term absence and have a number of different causes (for example, injuries, recurring conditions, or a serious illness requiring lengthy treatment). We wish to ensure that the reasons for sickness absence are understood in each case and investigated where necessary. In addition, where needed and reasonably practicable, measures will be taken to assist those who have been absent by reason of sickness to return to work. This policy does not form part of any employee's contract of employment and it may be amended at any time. We may also vary the procedures set out in this policy, including any time limits, as appropriate in any case. Disabilities Furze Platt Senior School is aware that sickness absence may result from a disability. At each stage of the sickness absence meetings procedure (set out in this policy), particular consideration will be given to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work. If an employee considers that he/she is affected by a disability or any medical condition which affects his/her ability to undertake his/her work, he/she should inform the Headteacher.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

2

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Part A

Promoting Wellbeing

Furze Platt Senior School recognises that staff who are positive, motivated and enthusiastic are more likely to fulfil their potential and contribute fully to the school. Staff with high levels of wellbeing are less likely to suffer from stress, defined by the Health and Safety Executive as ‘the adverse reaction people have to excessive pressure or other types of demand placed on them.’ Responsibilities Employees   

Contribute to consultation exercises regarding organisational or procedural changes; Raise issues of concern with their line manager and be prepared to act upon advice given; Accept opportunities for counselling – face to face, telephone, or online – where recommended.

Line Managers       

Ensure, where possible, that staff (and, where appropriate, professional associations) are consulted regarding changes affecting them; Ensure that staff benefit from meaningful and relevant professional development opportunities; Ensure clear and open communication with those they line manage, particularly where there are organisational or procedural changes; Monitor workloads, where possible, to ensure staff maintain an appropriate work-life balance; Be vigilant and offer additional support to members of staff who are experiencing stress outside of work; Ensure that bullying and harassment are not tolerated; Liaise with Business Manager where appropriate.

Business Manager    

Provide specialist advice and awareness training on stress; Provide continuing support to managers and individuals in a changing environment and encourage referrals to counselling services where appropriate; Support individuals who have been off sick with stress and advise them and their managers on a planned return to work; Monitor and review the effectiveness of measures to promote wellbeing, including by collating sickness absence statistics.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

3

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Part B

Managing Absence

The school will:       

 

ensure that the notification of sickness absence is consistent and effective; seek to identify the signs of a developing problem relating to absence from work at an early stage; ensure that return to work interviews are routinely held; take action to avoid recourse to formal action wherever possible; identify a progressive series of stages whereby formal action (up to and including dismissal) can be taken if the necessary improvements are not forthcoming; treat persistent short-term absence differently from long-term absence; treat as misconduct (and deal with under the Disciplinary Procedure, not this procedure) examples of behaviour such as absence without permission, falsifying documents, failing to follow notification rules and leaving the school without permission; follow the appropriate reporting mechanisms in respect to any incident arising or connected with work activity including injuries, accidents, illnesses and/or diseases; where damages may be recoverable from a third party where there is no sick pay entitlement (for example as a result of a road traffic accident), consider making an advance equal to sick pay, (conditional upon the employee refunding to the school the total amount, or proportion of the amount, represented by the damages received).

Our practices and procedures 1

Notification of Sickness Absence – Employee Responsibility

1.1 On his/her first day of absence an employee who is unable to attend work due to sickness must contact the school absence line by 7.30am. The employee should: outline the reason for the absence;  describe what they are doing to aid recovery;  confirm contact details;  give an indication of the likely duration of the illness;  provide details of any outstanding work/meetings that require attention. If the employee is unable to indicate the likely duration of the illness they should contact the school on each subsequent day of absence, giving a return to work date, as soon as it is known. Failure to comply with this provision may result in the school withholding sick pay. If the employee is taken ill or injured while at work he/she should report or be taken to reception to be given permission to leave work. Reception will contact a member of SLT. A member of SLT/First Aid staff will make arrangements for anyone who is unwell to be accompanied home and/or to receive medical treatment where necessary.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

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Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

1.2 The receptionist/member of SLT should ensure that:  any sickness absence that is notified to them is recorded and reported to the Headteacher and Head of Department;  arrangements are made, where necessary, to cover work and to inform colleagues and students (while maintaining confidentiality). 1.3 Cases of unauthorised absence will be dealt with under the school’s Disciplinary Procedure. Absence that has not been notified according to the sickness absence reporting procedure will be treated as unauthorised absence. If the employee does not report for work and has not telephoned the school absence line to explain the reason for his/her absence, the employee’s line manager will try to contact him/her, by telephone and in writing if necessary. This should not be treated as a substitute for reporting sickness absence. If the employee is absent on sick leave he/she should expect to be contacted from time to time by his/her line manager in order to discuss his/her wellbeing, expected length of continued absence from work and any of his/her work that requires attention. Such contact is intended to provide reassurance and will be kept to a reasonable minimum. If the employee has any concerns while absent on sick leave, whether about the reason for his/her absence or his/her ability to return to work, he/she should feel free to contact his/her line manager at any time. 2

Absence for seven calendar days or fewer – Self certification

2.1 If the employee is absent for seven calendar days or fewer the employee will complete a self-certification form on return to work at a return to work interview with their line manager. 3

Absences of eight days or more – ‘Fit note’

3.1 Where the absence is for eight or more calendar days, the employee must obtain a doctor’s statement (a ‘fit’ note) stating that he/she is not fit for work and the reason(s) why. This should be forwarded to the Headteacher as soon as possible. If the employee’s absence continues, further medical certificates must be provided to cover the whole period of absence. If the employee’s doctor provides a certificate stating that he/she “may be fit for work" he/she should inform his/her line manager or the Headteacher immediately. The school will discuss with the employee any additional measures that may be needed to facilitate his/her return to work, taking account of his/her doctor's advice. This may take place at a return to work interview (see below). If appropriate measures cannot be taken, he/she will remain on sick leave and the school will set a date to review the situation. 3.2 Where the school is concerned about the reason for absence, or frequent short-term absence, the school may require a medical certificate for each absence regardless of FPSS Promoting Staff Wellbeing and Managing Absence Policy

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Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

duration. In such circumstances, the school will cover any costs incurred in obtaining such medical certificates, for absences of a week or less, on production of a doctor's invoice. Failure to notify or properly certificate sickness may be grounds for disciplinary action and will disentitle the employee from receipt of sick pay.

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Return to work Interview –School responsibility

4.1 On each occasion that an employee returns to work, following sickness absence, he/she will have a discussion with their line manager. The purpose of the discussion is to:  discuss the absence with the member of staff (including previous sickness absence periods if relevant);  demonstrate that their absence was noted including the effects of the absence and that the employee had been missed;  complete any documentation, including the Self Certification Form and Return to Work Interview Record (Appendix 1) if appropriate;  give the line manager and the employee the opportunity to discuss whether there were home or work related issues and to attempt to rectify any causal work conditions that impacted on the absence and/or whether there is need for additional support. It also gives the employee the opportunity to raise any concerns or questions he/she may have, and to bring any relevant matters to our attention. 4.2 Where the employee’s doctor has provided a certificate stating that he/she "may be fit for work" we will usually hold a return to work interview to discuss any additional measures that may be needed to facilitate his/her return to work, taking account of his/her doctor's advice. 4.3 Furze Platt Senior School is committed to helping members of staff return to work from long-term sickness absence. As part of our sickness absence meetings procedure (see below), we will, where appropriate and possible, support returns to work by:  obtaining medical advice;  making reasonable adjustments to the workplace, working practices and working hours;  considering redeployment; and/or  agreeing a return to work programme with everyone affected. If the employee is unable to return to work in the longer term, we will consider whether he/she is entitled to any benefits under his/her contract and/or any insurance schemes we operate.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

6

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

5

Persistent short-term absence - Triggers

5.1 Each case will be judged on its merits, but normally, formal action under this procedure will be triggered by:    

3 absences in 3 months; or 7 working days’ absence made up of short term repeated absences in a 12-month rolling period); or patterns of absence emerging (e.g. regular Mondays/Fridays or sickness after a holiday or at times that work targets are to be delivered or a combination of odd days or longer periods). A Bradford Factor Score of 120 or above. This is a method of calculating an individual’s absence record so that it is easy to identify those taking frequent short term absences. It is calculated as follows: A x A x D where A is the number of absences and D is the number of days absence taken.

These are guidelines only and there may be particular circumstances that arouse concern before a trigger threshold is reached, or where under individual circumstances the thresholds are unrealistic. In all cases the Headteacher will make a judgement of what action to pursue whilst remaining conscious of a consistent approach. In certain cases, and at the discretion of the Headteacher, the employee will be required to supply, at their own expense, a first day medical certificate for each event of sickness absence for a specified period of a formal review.

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Procedure for dealing with persistent short term absence (Appendix 2)

6.1 Trigger Level/Counselling interview – informal stage This meeting should be held as soon as is practicable after the employee returns to work and can be linked to a return to work interview where appropriate. At this meeting, listening to what the employee has to say is more likely to achieve a satisfactory conclusion rather than entering into the process with a predetermined view. The school recognises that investigation of an absence issue may identify other underlying reasons for absence and these will be dealt with appropriately. The interview should cover the following points:  a review of the employee’s attendance record ensuring that it is accurate and up to date;  the detrimental effects of his/her absence on the school;  a discussion of the extent of and reasons for the periods of absence and how the level of absence can be reduced and attendance improved.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

7

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

This is not a formal stage of the procedure. However, an action plan should be produced with:      

the attendance improvement expected; other action to be taken either by the employee or the school, for example a referral to an Occupational Health provider if appropriate; a review period (the exact time to be dependent upon the circumstances)check how attendance will be monitored; possible consequences if no improvement is attained and sustained (a move to stage 1 of the formal procedure). asking the employee to submit a medical certificate for every subsequent period of absence of 7 days or less. (The School will need to undertake to pay for the cost of these certificates and the employee should be informed of this).

The Headteacher or Business Manager will complete a Trigger Level Meeting Record (Appendix 3) to detail the points discussed, actions identified and review date. The manager should retain a copy of the form and a further copy should be given to the employee. If the employee’s sickness absence improves to a satisfactory level over the timescale set, then the process will terminate at this stage and the employee will be informed in writing of this. If the sickness absence remains unsatisfactory, then the formal procedure will be invoked by the Business Manager as set out below.

6.2 Formal Stages of the Procedure The formal procedure consists of three stages: Stage 1 - Formal interview Stage 2 - Final formal interview Stage 3 – Dismissal (following a hearing only) Unless it is impractical to do so, we will give the employee 7 days written notice of the date, time and place of a sickness absence meeting. We will put any concerns about the employee’s sickness absence and the basis for those concerns in writing or otherwise advise why the meeting is being called. A reasonable opportunity for the employee to consider this information before a meeting will be provided. At each of the formal stages the employee may be accompanied by a trade union representative or work colleague. The employee is responsible for making arrangements for securing the accompanying person’s attendance. The identity of the employee’s companion must be confirmed to the employee’s line manager conducting the meeting at least 3 days prior to the meeting. Members of staff are allowed reasonable time off from duties without loss of pay to act as a companion. However, they are not obliged to act as a companion and may decline a request if they so wish. FPSS Promoting Staff Wellbeing and Managing Absence Policy

8

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Some companions may not be allowed: for example, anyone who may have a conflict of interest, or whose presence may prejudice a meeting. We may at our discretion, permit a companion who is not a member of staff or union representative (for example, a family member) where this will help overcome particular difficulties caused by a disability, or difficulty understanding English. A companion may make representations, ask questions, and sum up the employee’s position, but will not be allowed to answer questions on the employee’s behalf. The employee may confer privately with his/her companion at any time during a meeting. The meeting will be conducted by the Headteacher (or nominee) and will normally be attended by the SLT line manager for the department. The employee may bring a companion with him/her to the meeting (see below). The employee must take all reasonable steps to attend a meeting. Failure to do so without good reason may be treated as misconduct. If the employee or his/her companion is unable to attend at the time specified he/she should immediately inform his/her line manager who will seek to agree an alternative time. A meeting may be adjourned if the Headteacher (or nominee) is awaiting receipt of information, needs to gather any further information or give consideration to matters discussed at a previous meeting. The employee will be given a reasonable opportunity to consider any new information obtained before the meeting is reconvened. Decisions taken at any formal stage of the procedure will be recorded in writing and sent to the employee as soon as possible after the meeting. Normally this will be within ten working days of the interview or hearing (unless this time scale is not practicable, in which case it will be provided as soon as is practicable). If, at any time, the employee’s line manager considers that the employee has taken or is taking sickness absence when he/she is not unwell, they may refer matters to be dealt with under our Disciplinary Procedure. Where there has been sufficient and sustained improvement and the Headteacher (or nominee) believes that this improvement is permanent, the procedure can be ended. If this is the case, the Headteacher (or nominee) will write to the employee to confirm this. Where there has been sufficient improvement but the Headteacher (or nominee) has concerns that the improvement may not be sustained, the procedure can be suspended at the stage that it has reached. Any future deterioration in attendance within a six month period would then be addressed through the procedure commencing at the suspended stage.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

9

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

6.2 1 Stage 1: Formal Interview The formal interview is held with the Headteacher (or Headteacher’s nominee). The object of a formal interview is to further encourage the employee to improve his/her attendance record. The interview will focus on:  the facts concerning his/her absence record since the counselling/trigger meeting;  the employee’s explanation of the attendance;  a review of any actions agreed at the counselling meeting; an assessment of whether the employee has demonstrated the required improvement(s) and sustained the improvement(s); determining the likelihood of further absences;  considering whether medical advice is required;  considering what, if any, measures might improve the employee’s health and/or attendance;  agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting under the sickness absence procedure. The Headteacher (or nominee) will decide:  whether additional action is required, (for example, a referral to Occupational Health and/or doctor) and the time scales or  whether the matter should remain for further review and the time scales. If there has been a sustained improvement in attendance, a decision may be taken not to pursue the matter further. If this is not the case, the employee will be informed that further formal action will result from failure to respond to the Headteacher’s (or Headteacher’s nominee’s) time scale for improvement. If there is evidence of abuse of the system the Headteacher (or nominee) should consider whether the matter would be best dealt with in accordance with the disciplinary procedure. At the end of the meeting, the Headteacher (or nominee) will consider all aspects of the case and consider the option to issue a first formal warning, under the Short Term Absence Procedure. The duration of the ‘live’ warning, if given, will usually be 6 months (but may be of longer duration in some circumstances). The Headteacher (or nominee) should inform the employee of their right to appeal against the warning. A first written warning will state that the employee’s sickness absence record is not satisfactory and that it must reach a satisfactory level for a sustained period or this will normally lead to a further warning. Any appropriate reasonable adjustments will be agreed with the employee, together with an appropriate timescale for reaching the required sickness absence levels, and a review date will be set. The time frame for the review will depend on the nature of the absences and the duration of the warning but will not normally be longer than 3 months from the warning being issued.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

10

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

The Headteacher (or nominee) will write to the employee, confirming the outcome of the meeting and the review arrangements. The letter will also inform the employee of the possible consequences of failure to reach the satisfactory absence levels and detail the right of appeal against the warning (Section 6). A copy of the letter and any attachments will be forwarded to the employee’s representative if requested. 6.2.1.1 Review Meeting A review meeting will be arranged with the employee by the Headteacher (or nominee) to review attendance levels at the agreed interval. However if at any time the Headteacher considers that the attendance level is unsatisfactory they may arrange an earlier review meeting; there is no need to wait until the scheduled review date. If attendance levels have reached a satisfactory standard at the review stage, the employee will be advised that no action needs to be taken at that time. Further review meetings will be scheduled at regular intervals (at least monthly) for the duration of the ‘live’ warning, to ensure the improved attendance level is sustained. If sustained until the ‘live’ warning expires, the employee will be congratulated on their improved attendance record and the procedure will be exited. This will be confirmed in writing to the employee and a copy will be placed on the employee’s personal file. If the outcome of the review meeting(s) is that attendance levels have not reached a satisfactory standard or have not been sustained, a final formal meeting will be scheduled as outlined below.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

11

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

6.2.2 Stage 2 – Final Formal Interview If, at the end of the time scale agreed at Stage 1, insufficient or no improvement is evident and/or maintained, the employee will be asked to attend a final formal interview with the Headteacher (or nominee) and a final review period will be identified. The purposes of further meeting(s) may include:  discussing the reasons for and impact of the employee’s ongoing absence(s);  discussing the likelihood of further absences;  if it has not been obtained, considering whether medical advice is required. If it has been obtained, considering the advice that has been given and whether further advice is required;  considering the employee’s ability to return to/remain in his/her job in view both of his/her capabilities and our business needs and any adjustments that can reasonably be made to his/her job to enable him/her to do so;  considering possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying the employee;  agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting(s). This may, depending on steps we have already taken, include warning the employee that he/she is at risk of dismissal. In exceptional cases this stage may be repeated to ensure that any further action taken is evidence-based and robust. The Headteacher (or nominee) will arrange a second formal meeting with the employee. Notification of the meeting will be provided, in writing, at least 5 working days prior to the meeting and the letter should contain:    

a clear reason for the meeting; the time, date and venue of the meeting; who will be present at the meeting; a statement confirming the right to be accompanied at the meeting by a trade union representative or work colleague.

If it is found that sickness absence levels remain unacceptable, the Headteacher (or nominee) will consider the option to issue a final formal warning, under the Managing Sickness Absence Procedure, if appropriate. The duration of the ‘live’ warning, if given, would usually be for 12 months (but may be of longer duration in some circumstances). The Headteacher (or nominee) should inform the employee of their right to appeal against the warning. Any further reasonable adjustments will be agreed with the employee, together with an appropriate timescale for reaching the required sickness absence levels, and a review date will be set. The time frame for the review will depend on the nature of the absences but will not normally be longer than 3 months from the warning being issued.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

12

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

A management referral to Occupational Health for advice and recommendations must be made at this point if not already undertaken previously. The employee will be informed of the consequences of continued failure to reach the required attendance level should a hearing be required. Possible consequences include: i. Subject to prior agreement with the employee, they may be redeployed to an alternative vacant post commensurate with their capabilities, on a temporary or permanent basis. ii. The employee may be given further time for improvement and/or provided with any further reasonable adjustments; iii. The employee may be dismissed on the grounds that their ill-health prevents them from maintaining an acceptable level of attendance. The Headteacher (or nominee) will write to the employee, confirming the outcome of the meeting and the review arrangements. The letter will also inform the employee of the possible consequences of failure to reach the satisfactory sickness absence levels and detail the right of appeal against the warning. A copy of the letter and any attachments will be forwarded to the employee’s representative if requested. 6.2.2.1 Review Meeting A review meeting will be arranged with the employee by the Headteacher (or nominee) to review attendance levels at the agreed interval. However if at any time the Headteacher (or nominee) considers that the attendance level is unsatisfactory they may arrange an earlier review meeting, there is no need to wait until the scheduled review date. If attendance levels have reached a satisfactory standard at the review stage, the employee will be advised that no action needs to be taken at that time. Further review meetings will be scheduled at regular intervals (at least 3 monthly) for the duration of the ‘live’ warning, to ensure the improved attendance level is sustained. If sustained until the ‘live’ warning expires, the employee will be congratulated on their improved attendance record and the procedure will be exited. This will be confirmed in writing to the employee and a copy will be placed on the employee’s personal file. If the outcome of the review meeting(s) is that attendance levels have not reached a satisfactory standard or have not been sustained, an Absence Management Hearing to consider dismissal will be scheduled. 6.2.3 Stage 3 – Hearing to consider dismissal If the employee does not reach and maintain the required standard at the end of the review period in Stage 2, the employee will be required to attend a hearing of the Governing Body to consider dismissal. The purpose of the hearing is to consider the relevant evidence from the Headteacher (or nominee) and from the employee.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

13

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

The purposes of the meeting will be:  to review the meetings that have taken place and matters discussed with the employee;  to consider any further matters that the employee wishes to raise;  to consider whether there is a reasonable likelihood of the employee achieving the desired level of attendance in a reasonable time;  to consider the possible termination of the employee’s employment. If it is determined that the evidence presented supports the dismissal of the employee, the employee will be given notice of his/her dismissal from the school. Termination will normally be with full notice or payment in lieu of notice. 6.2.3.1 Failure to attend meetings under this procedure If an employee fails to attend a meeting within this procedure without good cause, action may be taken under the school’s disciplinary procedure and, in any event, the meeting may proceed in the absence of the employee. If an employee fails to attend a meeting due to sickness, this will need to be supported by a medical certificate/statement confirming the employee was not fit to attend the meeting. Failure to attend may result in the meeting going forward in the absence of the employee, who will have the opportunity of providing a written statement or being represented by a nominated representative.

6.2.3.2 Appeals The employee may appeal against the outcome of any stage of this procedure and the employee may bring a companion to an appeal meeting. Appeals under this procedure should be registered by letter to the employee with the Clerk to the Governing Body within five working days of the employee receiving confirmation of the decision. The letter must set out the grounds for appeal. The Appeal will be heard by the Governing Body Appeals Panel as soon as possible after the Appeal has been lodged. The employee will be given no fewer than five working days’ notice of this hearing. In cases of dismissal the appeal will be held as soon as possible. Any new matters raised in an appeal may delay an appeal meeting if further investigation is required. The employee will be provided with written details of any new information which comes to light before an appeal meeting. The employee will also be given a reasonable opportunity to consider this information before the meeting. Depending on the grounds of appeal, an appeal meeting may be a complete rehearing of the matter or a review of the original decision.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

14

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Following an appeal the original decision may be confirmed, revoked or replaced with a different decision. The final decision will be confirmed in writing, if possible within 7 days of the appeal meeting. There will be no further right of appeal. The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay.

7

Long-term absence - Triggers

7.1 The school defines long term absence as being where an employee has had continuous absence for a period of three working weeks or is likely to be absent for that period. In some cases where the absence is planned and known in advance and the length of absence usually known at the outset there is unlikely to be additional consequential action. Where this is not the case, the school will usually make an early referral to their Occupational Health Adviser to determine both the likely duration of the absence and any action the school needs to take to facilitate a successful return to work. The school aims to strike the right balance between the concern for the well being of the individual employee and the impact of the employee’s absence on the efficient running of the school. In this context, the school will take full cognisance of an employee’s disability.

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Procedure for dealing with long-term absence

8.1 The following formal procedure will be applied:  identification, at the earliest possible time, of a potential long-term absence for illhealth reason;  school and employee to keep in touch with each other either by telephone or meeting face to face, at school, at home or in a mutually convenient venue to discuss; the reasons for absence; determining how long the absence is likely to last; considering whether medical advice is required; considering what, if any, measures might improve his/her health and/or attendance and agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting under the sickness absence procedure;  appropriate support to be provided to the employee and the employee to keep the school informed of their progress and any developments during their absence in order that all of the facts are known;  referral of the employee’s case to an Occupational Health Adviser to seek appropriate advice;  meeting(s) following receipt of Occupational Health Adviser advice;  consideration of redeployment before dismissal is considered on ill-health grounds. As this is a formal procedure, the employee may be accompanied by a trade union representative or work colleague. The employee is responsible for making arrangements to be accompanied.

FPSS Promoting Staff Wellbeing and Managing Absence Policy

15

Approved: December 2013

Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

8.2 Referral to the Occupational Health Adviser Where the employee’s recovery period is uncertain and is likely to exceed four weeks, the Headteacher (or nominee) will meet with the employee (and their chosen companion, if they so wish) to explain the situation and inform the employee that he/she is to be referred to the Occupational Health Adviser and/or doctor nominated by the school (at our expense). The employee will be asked to agree that any report produced in connection with any such examination may be disclosed to us and that we may discuss the contents of the report with our advisers and the relevant doctor. The employee will be asked to complete a ‘Consent for Disclosure of Medical Information’ form.

8.2 1 Meeting(s) with the employee to discuss the results of the referral(s) The purpose of the meeting(s) is to: discuss the reasons for and impact of the employee’s ongoing absence(s);  discuss how long the employee’s absence is likely to last;  consider the advice that has been given and whether further advice is required;  consider the employee’s ability to return to/remain in his/her job in view both of his/her capabilities and our business needs and any adjustments that can reasonably be made to his/her job to enable him/her to do so;  consider possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying the employee;  where the employee is able to return from long-term sick leave, whether to his/her job or a redeployed job, agree a return to work programme;  if it is considered that the employee is unlikely to be able to return to work from long-term absence, whether there are any benefits for which the employee should be considered;  agree a way forward, action that will be taken and a time-scale for review and/or a further meeting(s). This may, depending on steps we have already taken, include warning the employee that the employee is at risk of dismissal. At the end of the meeting with the employee and having considered the facts of the case and likely options, the Headteacher (or nominee) will make an informed judgement as to the most appropriate action to take regarding the individual employee's circumstances in the light of the Occupational Health and/or doctor’s report(s) and the employee’s comments. The options for action are likely to be:  no further action (where the employee is fit to return to work within a determinable and notified period);  agreeing that the employee’s return to their full job would be facilitated and/or supported by temporary time-limited (i.e. not normally to exceed a four week period), documented and reviewed changes to their attendance pattern or job content. Full pay will normally be paid during this phased return to work;

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

  

where the employee is unfit to carry out their normal duties in their current job but is capable of performing other work, there will be a need to examine whether changes on a temporary or permanent basis can be accommodated to facilitate the employee’s return to work, in their own post with changes, or an alternative if this is available; if a disability has been identified comprehensive consideration will be given to reasonable adaptations to allow the employee to continue in his/her post, or movement to a post that will be commensurate with the employee's disability; allowing a further period of absence to aid a potential recovery with reviews at appropriate intervals This would be time limited and would be based on Occupational Health and/or doctor’s advice; consideration to ill health retirement in accordance with the provisions of the appropriate pension scheme.

. Where the employee remains unfit for work and the above options are not applicable and the Headteacher (or nominee) has judged that the job can no longer be held open the Headteacher (or nominee) will normally recommend a Hearing to consider the employee’s dismissal.

8.2.2 Hearing to consider dismissal Where dismissal is recommended by the Headteacher (or nominee) an Absence Management Hearing will be arranged. The Hearing will be conducted by the Governing Body. The employee will receive at least five working days' notice of the Hearing.

8.2.3 Procedure for conducting Absence Management Hearings (Appendix 5) The purposes of the meeting will be:  to review the meetings that have taken place and matters discussed with the employee;  where the employee remains on long-term sickness absence, to consider whether there have been any changes since the last meeting, either as regards the employee’s possible return to work or opportunities for return or redeployment;  to consider any further matters that the employee wishes to raise;  to consider whether there is a reasonable likelihood of the employee returning to work or achieving the desired level of attendance in a reasonable time;  to consider the possible termination of the employee’s employment. The Headteacher (or nominee) will present evidence for the possible dismissal to the Hearing, including the Occupational Health report(s) and the service reasons for not considering any further period of absence. The efforts made, where appropriate, to find redeployment should also be made clear. The employee and his or her chosen companion will be able to make representations to the Hearing.

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

If it is determined that the evidence presented supports the dismissal of the employee, the employee will be given notice of his/her dismissal from the school on the grounds of incapability due to ill health. Termination will normally be with full notice or payment in lieu of notice.

8.2.4 Appeals Please refer to section 6 above.

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Appendix 1

RETURN TO WORK INTERVIEW RECORD To be completed by the Line Manager at the conclusion of the interview and the details to be filed. The employee should also complete a self-certification form and submit a Doctor’s Fit Note if applicable. Name of employee Job Title Name of employee’s manager Dates of absence Length of absence Total days sickness absence and number of separate periods of absence in previous 12 months Reason given for absence * If due to accident at work ensure an accident report form is completed

Did the employee comply with notification procedures? If No, the employee was reminded of their obligations and informed that should there be further instances their entitlement to sick pay may be compromised Did the employee consult his/her GP?

Yes

No

Yes

Yes No Did the employee indicate that factors at work may have caused or contributed to the Yes No absence? If yes, please provide further details below including information regarding action that will be taken to support/assist the employee:

Is this absence part of an overall pattern? Yes

No

If yes, please provide further details below including information regarding any further actions that will be taken to address the issue: As a result of the discussion is there any practical assistance, supportive measures or follow-up actions required? If yes, please provide details below:

Yes

No

Any further comments from the manager:

Signature (Employee) ……………………………... Signature ……………………………... Date completed………………….. (Employee) (Headteacher or nominee)

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Appendix 2 Procedure for Managing Short Term Sickness Absence

Trigger Level Meeting

Stage 1 Trigger Level Review Meeting

Trigger Level Points: 1. Absence totalling 7 working days or more within a rolling 12 month period or 3 periods of absence in a 3 month period 2. A Bradford Factor Score of 120 or above 3. Any other recurring recognisable pattern e.g. frequent absenteeism on a Friday or a Monday, before or after annual leave etc.

Satisfactory Improvement

Unsatisfactory Improvement

End Process

1st Formal Meeting (Possible First Warning Issued)

Stage 2

Review Meeting

Unsatisfactory Imrovement

Full details regarding the management of sickness absence are contained within the Managing Sickness Absence Policy and the Managing Sickness Absence Procedure

Satisfactory Improvement Deterioration within period covered by warning Continue to review regularly for duration of warning (if issued) and if no deterioration End Process

2nd Formal Meeting (possible Final Warning Issued)

Review Meeting

Satisfactory Improvement

Deterioration within period covered by warning

Continue to review regularly for duration of warning (if issued) and if no deterioration End Process

FPSS Promoting Staff Wellbeing and Managing Absence Policy

Unsatisfactory Improvement

Absence Management Hearing (Potential outcome is dismissal)

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Appendix 3

TRIGGER LEVEL MEETING RECORD Section 1 to be completed by the Headteacher (or nominee) at the conclusion of the trigger level meeting. Section 2 to be completed by Headteacher (or nominee)at the conclusion of the review meeting. A copy should be given to the employee and a copy retained by the manager.

Section 1: Trigger Level Meeting Name of employee Job Title Name of employee’s manager Frequency of absence and reasons given (detail the number, length and reasons given for absence and why there is cause for concern):

Contributing Factors (detail any issues identified by the employee as affecting their absence levels e.g. relationships with colleagues, workload concerns, domestic issues etc):

Supportive Measures (detail any actions arising from the discussion e.g. management referral to Occupational Health for advice and recommendations, referral to Employee Assistance Programme, reasonable adjustments such as changes to work practices or provision of specialist equipment):

Target for improvement and review date (e.g. no absences for next 3 months):

Possible consequences of not achieving improvement i.e. invoking of Stage 2 / Formal Action have been explained to the employee

Yes

Any further comments from the Headteacher (or nominee):

Any further comments from the employee:

Signature (Employee) ……………………………... Signature ……………………………... Date completed………………….. (Employee) (Headteacher or nominee)

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Outcome of Review Meeting Date of review Absences since Trigger Level Meeting (detail the number, length and reasons given for absence during the review period):

Outcome of Review (managers assessment of whether or not the required improvement has been achieved):

Next steps (e.g. termination of process and no further action, setting of further review period, progression to Stage 2 / Formal Action and scheduling of First Formal Meeting):

Further comments from Headteacher (or nominee):

Further comments from employee:

Signature (Employee) ……………………………... Signature ……………………………... Date completed………………….. (Employee) (Headteacher or nominee)

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Appendix 4 Procedure for Conducting Absence Management Hearings This procedure applies to Hearings conducted at the final stage of both the short term and long term absence management procedures.

1. General Requirements The meeting will be chaired by a member of the Governing Body. The Chair will be supported by the Headteacher (or nominee) who, where possible, has had no prior involvement in the case. Legal advice will be sought in advance of the hearing and a legal representative may attend the hearing if required. Notification of the meeting will be provided, in writing, at least 5 working days prior to the meeting and the letter should contain:     

a clear explanation of the purpose of the meeting; possible consequences of failure to reach the required sickness absence levels, including the option of dismissal; the time, date and venue of the meeting; who will be present at the meeting; a statement confirming the right to be accompanied at the meeting by a trade union representative or a work colleague.

The employee must take all reasonable steps to attend a hearing. If the employee or their companion cannot attend the hearing on the notified date, another hearing will be arranged, so far as is reasonably practicable within 5 working days of the original date. If an employee fails to attend twice the hearing will proceed in their absence unless there are exceptional circumstances. The employee’s companion may attend and present the employee’s case and the employee will be allowed to make a written submission in such a situation. The Headteacher (or nominee) will prepare a summary report and collate the documentation to be considered at the Hearing. This will include Occupational Health Reports, service reasons for not considering any further period of absence and the efforts made, where appropriate, to identify redeployment. This will be passed to the Chair who will ensure that it is sent to all participants at least 5 working days prior to the hearing. The employee may prepare a summary of his/her case, which should be forwarded to the Chair at least 3 working days prior to the meeting. This will be forwarded to all those participating in the hearing. If the employee wishes to call any witnesses to the meeting, they should also notify the Chair of this at least 3 days in advance of the meeting. Timescales may be varied in exceptional circumstances by mutual agreement.

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

2. Conduct of Hearing The meeting will be conducted as follows: a) The Chair will introduce those present and explain why they are there, explain the purpose of the meeting and how the meeting will be conducted. b) The Headteacher (or nominee) will present the summary report in the presence of the employee and representative and call any witnesses. c) The employee or representative may ask questions of the Headteacher (or nominee) and any witnesses called. d) The Chair, HR representative (and legal representative, if present) may ask questions of the line manager/headteacher and witnesses. e) At each stage of the meeting, and before any witnesses are released, the Chair will give those present the opportunity to ask questions and make any comments. f) The employee will present his/her summary report in the presence of the Headteacher (or nominee) and call any witnesses as necessary. g) The Headteacher (or nominee) may ask questions of the employee and witnesses. h) The Chair may ask questions of the employee or witnesses. i) The Headteacher (or nominee) will have the opportunity to sum up if so wished. j) The employee will have the opportunity to sum up if so wished. The meeting will then be adjourned for the Chair to consider the facts of the case, including any medical or occupational health advice and make a decision. The Headteacher (or nominee) or employee may be recalled to clear points of uncertainty on evidence already given. If recall is necessary, both parties will return regardless of which party is concerned with the points in doubt. If it found that attendance levels remain unacceptable, the possible outcomes of the meeting include: a) subject to prior agreement with the employee, he/she may be redeployed to an alternative vacant post commensurate with his/her capabilities; b) the employee may be given further time for improvement and/or provided with new objectives; c) the employee may be dismissed on the grounds that his/her ill health prevents him/her from being capable of work;

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

In most cases the hearing will be reconvened and the decision delivered verbally on the day although there may be occasions where this is not possible. In any event the decision, reasons for it and information about the right of appeal will be confirmed in writing within 7 working days of the hearing.

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715

Appendix 5 PROCEDURE FOR CONDUCTING APPEALS UNDER THE ABSENCE MANAGEMENT PROCEDURE This procedure applies to Appeals raised under both the short term and long term absence management procedures.

1. General Requirements An employee wishing to appeal against a decision, must do so in writing to the Head of Human Resources within 5 working days of receiving written notification of the sanction, stating the grounds for the appeal. Any documents submitted in support of the appeal must be attached. The appeal will be heard by a more senior manager advised by an HR Representative, both having had no prior involvement in the case, where possible. The employee may be accompanied by a trade union representative or work colleague of his/her choice at any appeal hearing. The management representative at the appeal hearing will be the Headteacher (or nominee) responsible for the decision which is the subject of the appeal. With the exception of appeals against dismissal, the appeal hearing will be held within 10 working days of receipt of the submission and the employee will be given no less than 5 working days’ notice of this hearing. Appeals against dismissal will be heard by the Governing Body within twenty working days of the Appeal being lodged. The employee will be given no less than 10 working days’ notice of this hearing.

2. Conduct of Appeal Hearing The Chair of the Appeal Panel will conduct the hearing as follows: a) The Chair of the Panel will open the proceedings with an explanation of the purpose of the hearing and the procedure to be followed, introducing those present. He/she will confirm the employee’s reason for lodging an appeal as submitted in writing to the Chair. b) The employee and/or his/her representative will put his/her case in the presence of the management representative outlining the grounds for the appeal and the reasons why he/she feel the original decision was in correct. The employee or his/her representative shall call any witnesses or refer to any documents as necessary. Witnesses shall be called in turn and for each witness the procedure shall be:  

the employee or representative question the witness the management representative questions the witness

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715



the Appeal Panel question the witness

c) The Headteacher (or nominee) will ask questions of the employee and/or representative. d) The Appeal Panel will ask questions of the employee and/or representative. e) The Headteacher (or nominee) will put the case for sickness absence management action in the presence of the employee and his/her representative calling witnesses and referring to documents, as necessary. Witnesses shall be called in turn and for each witness the procedure shall be as in (b) above. f) The employee and/or representative will ask questions of the Headteacher (or nominee). g) The Appeal Panel will ask questions of the Headteacher (or nominee). h) The Headteacher (or nominee) and the employee and/or his/her representative will sum up their respective cases and then withdraw. The Appeal Panel will consider the case in private with their advisers. When determining the outcome of any appeal, the Chair may overturn, vary of confirm the decision under appeal. The decision of the Panel shall be notified to the employee verbally at the end of the Hearing in the presence of the management representative and shall be confirmed in writing within 7 working days of the hearing. The decision of the Appeal Panel shall be final.

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Furze Platt Senior School: a company limited by guarantee. Registered Office: Furze Platt Road, Maidenhead, Berkshire, SL6 7NQ Registered in England: Company Number 7834715