Managing Attendance Line Manager’s Toolkit -1Managing Attendance Toolkit Version 9 Contents Section 1 Appendices 1 2 3 4 5 6 7 Introduction Page 3 Leaflet for Managers to hand out to employees Employee Assistant Programme (EAP) including staff counselling Guidance on Non-Essential Clinical Procedures ESR 10 Self Certification form Process for Staff Referral to Physiotherapy Return to Work Meeting Form Return to Work Meeting Form (when an employee becomes absent 5 7 9 10 12 13 18 whilst on duty and is fit to work the following day or is absent for part of their shift) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Tailored adjustment agreement – Individually tailored reasonable adjustments HSE Return to work following stress Questionnaire Short-Term Sickness Absence Flowchart Informal Counselling Flowchart Stage 1 (Formal) Flowchart Stage 2 (Formal) Flowchart Stage 3 (Formal) Flowchart Scheme of Delegation Procedures to be used at Appeal Hearings Acknowledgement of 100% Attendance – letter and process Cancer and work Mindful Employer Musculoskeletal Disorders Equal Opportunities Monitoring form -2Managing Attendance Toolkit Version 9 21 27 30 31 32 33 34 35 37 39 41 41 42 43 INTRODUCTION The toolkit includes a number of forms and documents to support you as a Line Manager to manage attendance in line with the Managing Attendance Policy HRP5. It is recommended that before you read this document you familiarise yourself with the Policy which is available on the internet. Please click on the link below to access the policy: http://www.wirralct.nhs.uk/document_uploads/PoliciesHR/HRP5ManagingAttendancePolicy.pdf The forms and documents are as follows: Form/Document Leaflet for Managers to handout to staff titled ‘What to do if staff are too ill to come to work’ Description A template that can be used to send out to staff providing information on what to do if they are too ill to come to work Employee Assistant Programme (EAP) A free, confidential service that can be including staff counselling used for life management and personal support for employees. It offers expert advice, invaluable information and specialist counselling and support for all Wirral Community NHS Trust staff. Guidance on Non Essential Clinical This relates to Section 20 relating to Procedures Cosmetic Surgery and provides guidance on how to assess nonessential procedures in relation to staff taking time off for procedures ESR 10 Self Certification form To be completed if the individual is absent due to sickness/accident for between 4-7 days Referral to Occupational Health Process for Staff Referral Physiotherapy Return to Work Meeting forms Tailored adjustment agreement To be completed if a referral to occupational health is required to The pathway for referring staff into Physiotherapy Services Must be completed following every occasion of sickness absence An agreement of tailored adjustments in the workplace for individuals with disabilities -3Managing Attendance Toolkit Version 9 HSE Return to work from Stress Return to work questionnaire focuses Questionnaire on the HSE Stress Indicator factors. This can be used where an employee has been absent from work as a result of stress ESR 11 Monthly Sickness Absence To be completed by managers on a Return monthly basis reporting sickness absence in their department Short -Term Sickness Absence A guide for managers on dealing with Flowchart short-term absence Informal Counselling Flowchart A guide for managers when dealing with the informal procedure Stage 1 (Formal) Flowchart A guide for managers when dealing with the first formal stage of the procedure Stage 2 (Formal) Flowchart A guide for managers when dealing with the second formal stage of the procedure Stage 3 (Formal) Flowchart A guide for managers when dealing with the final formal stage of the procedure Scheme of Delegation Details the appropriate levels of authority to make a decision when issuing a sanction and/or considering dismissal within the policy Procedures to be used at Appeal Information on the procedure for appeal Hearings hearings 100% Attendance Acknowledgement Process and template letter Cancer and Work Information to support manager, employee and carers in dealing with cancer Mindful Employer Information on managing mental health in the workplace Musculoskeletal Disorders NHS Employers Guidance Equal Opportunities Monitoring form A form on ethnicity and disability to be completed by the Line Manager -4Managing Attendance Toolkit Version 9 COMPLETE AS APPROPRIATE DEPARTMENT CONTACT NUMBERS Name of contact Telephone number (s) If you have any queries regarding the managing attendance policy please do not hesitate to contact your Line Manager. WHAT DO I DO IF I AM TOO ILL TO COME TO WORK The points highlighted in this leaflet are the main aspects of the Managing Attendance Policy. It is up to all individuals to familiarise themselves with all relevant Trust policies. Trust policies are available on the Trust intranet or hard copies are kept for staff to access in the department. Staff are able to access hard copies in their department. COMPLETE AS APPROPRIATE DEPARTMENT WE NEED TO KNOW! PLEASE DO THE FOLLOWING……. -5Managing Attendance Toolkit Version 9 What you should do Ring work as soon as you know you will not be able to come in, but definitely before the start of your shift. Normal working day contact number(s) are on the back page of this leaflet. You must ask to speak to your Line Manager or the person on duty in charge. Please state the broad nature of your medical condition. If you wish this information to remain confidential from the contact person, please contact your department manager as soon as possible to discuss this. Always inform us if your absence is related to a road traffic accident or an accident at work. If you have a workplace accident or are absent following an incident at work you must complete an incident form at the time and discuss it with your Line Manager. Please agree with your line manager how frequently you need to contact them throughout your absence (daily/weekly/monthly). If you do not contact your manager regularly then they will contact you to gain an update on your progress. It helps us if you can estimate when you are likely to return to work to enable cover to be arranged if necessary. If you are unable to take your holiday due to sickness and wish to have your leave reimbursed you must inform your manager at the time. You must have provided a doctors fit note for this to be considered. Annual leave will not be reimbursed retrospectively (except in exceptional circumstances). ‘MEDICAL CERTIFICATES’ We will need a self certification note for absences of 4—7 days. A doctors ‘fit note’ is required from the 8th day of absence. Failure to provide medical certificates may result in unauthorised unpaid absence. All certificates are required to be addressed for the attention of …….Name/Department (complete as appropriate). All staff have a return to work interview undertaken by their supervisor/team leader/manager (complete as appropriate) upon return to work. This leaflet should be read in conjunction with the Managing Attendance Policy and Toolkit. ‘OCCUPATIONAL HEALTH and other support’ OH offer confidential support to all staff. Your manager may refer you if he/she feel it is appropriate. If you are off with a stress related issue or Muscularskeletal problem, please talk to your manager about being referred immediately to Occupational Health. You will also be able to access the Staff Counselling service by accessing the following link www.pamassist.co.uk Username: Wirral Password: Community -6Managing Attendance Toolkit Version 9 Employee Assistance Programme (EAP) The Employee Assistance Programme (EAP) is a free confidential life management and personal support service that is available 24 hours a day, 365 days a year. Expert advice is available for life’s crisis but also offers support on everyday issues. Various subjects are covered including tax, eldercare, debt management, relationships, moving home and bereavement in addition to staff counselling. This service is open to all staff in Wirral Community NHS Trust. The service can be used for work, relationship or personal problems that may be affecting the individual’s ability to cope with their work. All counsellors are independent of the organisation and follow strict professional rules that safeguard their identity and the content of the sessions. To use the service, staff can call 0800 882 4102 (freephone) or go to the Employee Assistance Programme (EAP) website; www.pamassist.co.uk and log in using the following username and password: Username: Wirral Password: Community -7Managing Attendance Toolkit Version 9 -8Managing Attendance Toolkit Version 9 GUIDANCE ON NON ESSENTIAL CLINICAL PROCEDURES In relation to Section 20 of the Managing Attendance Policy relating to cosmetic surgery it states ‘Staff wishing to undertake medical treatment such as cosmetic surgery must take annual leave to do so. This would not ordinarily include reconstructive surgery or gastric band surgery’. In order to assist Managers assess whether it is appropriate for staff to take annual leave to undertake medical treatments please see links below which provide a list of Procedures of Lower Clinical Priority. As guidance for Managers it is recommended that any treatment not funded or commissioned by the NHS would be classed as non-essential and therefore, staff would be expected to take annual leave for the time that they were absent from work. http://www.wirral.nhs.uk/document_uploads/Policies_Commissioning/CMWPLCP A-ZListJune2011fin_ca683.doc#AZlist http://www.wirral.nhs.uk/document_uploads/Policies_Commissioning/WirralPLCP Policy.pdf Further advice or guidance should be sought from your HR Business Partner. -9Managing Attendance Toolkit Version 9 SELF CERTIFICATION ESR 10 If you are absent from work due to sickness/accident for between 4 – 7 days you should complete the details below and give to your line manager immediately. *please delete as necessary. Strictly Confidential Employee to Complete Surname: ------------------------------- Forename(s) -------------------------- Title (Mr/Mrs/Miss/Ms) ---------------------- Date of birth: ----------------------- National Insurance Number --------------------- Payroll no. ---------------------- Address: ---------------------------------------------------------------------------------------- Doctor’s Name: Address: ------------------------------------------------------------------I confirm that I have been absent from my place of work due to illness/accident/incident at work/elsewhere* My first day of illness was ( My last day of illness was D/MM/YY) (DD/MON/YY) (DD/MON/YY) (Please note you may not know when your sickness will end) I returned to work on (DD/MON/YY) What date did you last work before your sickness began? (DD/MON/YY) The reason for absence was (please give brief description of illness/accident)* ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ I consulted my Doctor on (DD/MON/YY) - 10 Managing Attendance Toolkit Version 9 I understand that Wirral Community NHS Trust may wish to contact my Doctor in respect of this absence. (This will be done via Occupational Health) I understand that to give false information on this form will be regarded as serious misconduct, which will result in disciplinary action being taken against me. Signed: ---------------------------------------------------------------------------------------Date: ---------------------------------------------------------------------------------------Manager use only I am/am not* satisfied that the absence was justified and authorise/do not authorise* payment Reason for absence discussed Return to work meeting completed (if applicable) Yes Yes No No Action Required Support required from Occupational Health Yes No n/a Support with flexible working Yes No n/a Support with Risk Assessment/Health and Safety Yes No n/a Other (please state) --------------------------------------------------------------------Signed: Date: --------------------------------------------------- ----------------------------- Line Manager: ------------------------------------------------------------------------------------Once completed this form should be forwarded to the Payroll Department immediately– Manager to Retain Copy - 11 Managing Attendance Toolkit Version 9 Process for Staff Referral to Physiotherapy Staff member reports muscularskeletal problem to line manager Line manager completes Occupational Health referral form and sends to occupational health Staff attends PAM for assessment Physiotherapy referral form is completed, scanned and emailed to Physio.wirralct@nhs.net Staff member is contacted by Physiotherapy Department and attends for assessment and advice/ treatment – maximum 6 attendances. Physio service to contact PAM if further treatment is deemed necessary. If a staff member fails to attend they will be discharged straight back to their manager. Staff member is discharged from service. Physiotherapy report is written and sent to referring manager with a copy to Occupational Health - 12 Managing Attendance Toolkit Version 9 RETURN TO WORK MEETING FORM Meetings MUST be undertaken following EVERY occasion of sickness absence Name: Department: Job Title: Date: Meeting Conducted by: Sickness Period from: Designation: Last day of Sickness: No. of occasions absent within last 12 months: Total number of working days absent: Total No. of working days absent within last 12 months: Sickness Reason: Sickness Absence History over last twelve months * Please complete this section in advance of your discussions with the employee Date From Date to Number of days Reason Please attach an additional sheet if required. Questions How are you feeling now? Have you suffered from this condition before? Yes □ No □ If so, when? Have you seen your GP/ Yes Consultant/Dentist or □ No □ If yes, with whom and was treatment given? - 13 Managing Attendance Toolkit Version 9 other? Brief details of advice given by GP / Consultant / Dentist etc? Please indicate/circle if sickness was: Uncertified / Self Certified / Medical Certificate / Fit Note Has your GP/Dentist/ Yes Consultant etc… □ confirmed you are fit to return to work? Yes Are you fit for full duties? □ (list any restrictions to be considered) Was your absence due to an accident, injury Yes or incident that occurred □ at work? No □ If yes, have Yes you completed an incident □ form? No □ If yes, has a RIDDOR Yes been completed? □ No □ Are you receiving any Yes ongoing treatment or □ medication (i.e. tablets, medicine) resulting from your condition? Will the medication affect Yes your performance □ at work, or be a safety hazard? No □ If yes, give details No □ If yes, please specify. Is there anything the Trust could do to support you? i.e. the need for support from any other source e.g. OH/ Counselling/ Return to Work Risk Assessment No □ If yes, please specify. Yes □ No □ If yes, give details No □ - 14 Managing Attendance Toolkit Version 9 Has the employee followed the correct procedure for notifying their absence? If No then explain the correct procedure and why it has to be followed. YES NO Returning to Work from a period of Long Term Sickness (over 4 weeks) Has a phased return to work been considered/implemented? Yes No * Normally up to 2 weeks, if extension to 4 weeks is required □ □ authorisation must be sought from Director of HR & Corporate Affairs or Head of HR If phased return to work has been agreed, give/attach details of hours / days /pattern of hours agreed and period after that this will be reviewed. If reasonable adjustments e.g. to the workplace/duties are to be made, please give/attach details: Has the member of staff missed any important information whilst he/she has been absent? Yes/No (give details overleaf if necessary) Additional Comments or Details of Further Action attach overleaf e.g. appointment with OH, follow-up/review meeting, formal interview to discuss sickness absence levels, review of working arrangement Managers Prompt Try to uncover any underlying health issues and ask what the employee is doing to ensure they are fit for work in the future. Examples include wellbeing, relationships at work, motivation, issues outside work and workload. Discussions/Agreed Actions: Managers Comments Comments by Manager: - 15 Managing Attendance Toolkit Version 9 Name: Signature: Department: Date: Employee’s Comments Comments by Employee: Name: Signature Department: Date: ORIGINAL TO STAY ON FILE & COPY TO BE PROVIDED TO INDIVIDUAL - 16 Managing Attendance Toolkit Version 9 RETURN TO WORK INTERVIEW Continuation Sheet No Name: Employee’s Signature: Date: Manager’s Signature: Date: ORIGINAL TO STAY ON FILE & COPY TO BE PROVIDED TO INDIVIDUAL - 17 Managing Attendance Toolkit Version 9 RETURN TO WORK MEETING FORM This form is for completion when an employee becomes absent whilst on duty and is fit to work the following day or is absent for part of their shift. Name: Department: Job Title: Date: Contract type: Permanent Temporary Bank Hours/Work Pattern: Full Time Part Time Term Time Meeting Conducted by: Date and time absence began: Date and time shift due to finish: Date and time absence ended Provide details if relevant (i.e. returned to ‘off duty’) Was the employee fit to work the following day? Total number of working days/hours absent: No. of occasions absent within last 12 months: Total No. of work days absent within last 12 months: Reason for this absence: Absence History over last twelve months – Include any occasions where the individual left part way through their shift due to e.g. health reasons or carers responsibility, documenting the time the work began and the time they left work (if applicable) * Please complete this section in advance of your discussions with the employee Date From Date to Number of Reason working days/hours Please attach an additional sheet if required. - 18 Managing Attendance Toolkit Version 9 Any particular patterns/trends? (E.g. days/dates/reasons given) Questions How are you feeling now? Have you suffered from this condition before? Yes □ No □ If so, when? Have you seen your GP/ Consultant/Dentist or other? Yes □ No □ If yes, with whom and was treatment given? Brief details of advice given by GP / Consultant / Dentist etc? Are you fit for full duties? (list any restrictions to be considered) Yes □ No □ Yes □ No □ Yes □ No □ Are you receiving any ongoing Yes treatment or □ medication (i.e. tablets, medicine) resulting from your condition? Will the medication affect Yes your performance □ at work, or be a safety hazard? Is there anything the Trust Yes could do to support you? □ i.e. the need for support from any other source e.g. OH/ Counselling/ Return to Work Risk Assessment/ HSE Assessment Tailored Adjustment toolkit No □ If yes, give details No □ If yes, please specify. No □ If yes, please specify. Was your absence due to an accident, injury or incident that occurred at work? If yes, have you completed an incident form? If yes, give details - 19 Managing Attendance Toolkit Version 9 Has the employee followed the correct procedure for notifying their absence? If No then explain the correct procedure and why it has to be followed. Please provide details below. YES NO Managers Prompt Try to uncover any underlying health issues and ask what the employee is doing to ensure they are fit for work in the future. Examples include wellbeing, relationships at work, motivation, issues outside work and workload. If sickness occurs within a shift, this will not affect sick pay entitlements. However, it will be recorded and if such absences become repetitive or follow any particular pattern, they will require monitoring. Do they envisage any further sickness absences? Discussions/Agreed Actions: Managers Comments Comments by Manager: Name: Signature: Department: Date: Employee’s Comments Comments by Employee: Name: Signature Department: Date: ORIGINAL TO STAY ON FILE & COPY TO BE PROVIDED TO INDIVIDUAL - 20 Managing Attendance Toolkit Version 9 Tailored adjustment agreement – Individually tailored reasonable adjustments This ‘Tailored adjustment agreement’ is a living record of reasonable adjustments agreed between a disabled employee and their line manager. The purpose of this agreement is to Ensure that both parties, the individual and the employer, have an accurate record of what has been agreed. Minimise the need to re-negotiate reasonable adjustments every time the employee changes jobs, is re-located or assigned a new manager within the organisation. Provide employees and their line managers with the basis for discussions about reasonable adjustments at future meetings. This is a live document and should be reviewed regularly by both the employee and manager and amended as appropriate. Remember, however, that expert advice from third parties, such as occupational health advisers, Access to Work or IT specialists may be needed before changes can be agreed and implemented. Managers who need help in deciding whether or not an adjustment is reasonable will find it helpful to use the Reasonable Adjustment Request Form available at: http://www.efd.org.uk/publications/line-manager-guide or from the Disability Directions team at Employers’ Forum on Disability. New managers of employees with such ‘Tailored adjustment agreements’ should accept the adjustments outlined in the agreement as reasonable and ensure that they continue to be implemented. The agreement may need to be reviewed and amended at a later date but this should not happen until both parties have worked together for a reasonable period of time. The agreement allows the employee to: • • • • • • • • Explain the impact of their disability on them at work. Suggest adjustments that will make it easier for them to do their job. Offer further information from their doctor, specialist or other expert. Request an assessment by occupational health, Access to Work or another expert. Review the effectiveness of the adjustments agreed. Explain any change in their circumstances. Be reassured that their manager knows what to do if they become unwell at work and who to contact if necessary. Know how and when their manager will keep in touch with them if they are absent from work because of illness or a disability related reason. - 21 Managing Attendance Toolkit Version 9 The agreement allows the line manager to: • • • • • • • • Understand how a particular employee’s disability affects them at work. Explain the needs of the business or organisation. Explain the organisation’s attendance and reasonable adjustment policy. Recognise signs that an employee might be unwell and know what the employee wants you to do in these circumstances including who to contact for help. Know how and when to stay in touch if the employee is off sick. Consider whether or not the employee needs to be referred for an assessment by an occupational health or another adviser to help both parties understand what adjustments are needed. Review the effectiveness of the adjustments already agreed. Explain any change in the employer’s circumstances. Tailored adjustment agreement This is a record of the reasonable adjustments agreed between [employee’s name] and [line manager name] This agreement will be reviewed and amended as necessary with the agreement of both parties: • • • • At any regular one-to-one meeting. At a return to work meeting following a period of sickness absence. At six monthly and/or annual appraisals. Before a change of job or duties or introduction of new technology or ways of working. • Before or after any change in circumstances for either party. Employee - My disability in the workplace My disability has the following impact on me at work I need the following agreed Date budget holder Date reasonable adjustments (refer to contacted if relevant implemented: Access to Work agreement if - 22 Managing Attendance Toolkit Version 9 relevant) Wellness at work – employees who have fluctuating mental or physical disabilities On a ‘good day’ my disability has the following impact on me at work When things are breaking down, the following symptoms are indications that I am not well. The following are indications that I am not well enough to be at work. Emergency contacts If I am not well enough to be at work I am happy for my line manager to contact any of the following emergency contacts in the order of preference indicated below - 23 Managing Attendance Toolkit Version 9 Please add, amend or delete types of contacts as appropriate GP (preference X) Care co-ordinator (preference X) Name: Name: Surgery: Telephone: Telephone: Mobile: Address: Address: Relative (preference X) Specialist (preference X) Name: Name: Relation to me: Telephone: Telephone: Mobile: Mobile: Address: Address: Friend (preference X) Other (preference X) Name: Name: Telephone: Telephone: Mobile: Mobile: Address: Address: I will let you know if there are changes to my condition, which have an effect on my work and/or if the agreed adjustments are not working. We will then meet - 24 Managing Attendance Toolkit Version 9 privately to discuss any further reasonable adjustments or changes that should be made. If you notice a change in my performance at work or feel these reasonable adjustments are not working I would be happy to meet you privately to discuss what needs to be done. Line manager - Keeping in touch If you are absent from work on sick leave or for a reason relating to your disability for more than [x] days and have followed the usual procedures for notifying the organisation of your absence I will keep in contact with you in the following way: Who will contact whom? How will contact be made? (telephone, letter, minicom) How often? (daily, weekly, monthly) When? (preferred day, preferred time) - 25 Managing Attendance Toolkit Version 9 Conversations while you are on sick leave These are topics we have agreed we will discuss while you are absent, for example: How are you feeling. What I can do to help. Current work. Planned phased return to work Return to work date etc… Return to work When you are ready to return to work after a period of sickness or disability related absence of more than [x] days we will meet to review this agreement and make any necessary amendments. At this return to work meeting we will also discuss: For example: Current work issues. A phased return/back to work plan. What to tell the team. Assessments to review existing reasonable adjustments (Access to Work, GP, occupational health) and identify new adjustments that might be needed etc Unauthorised absences from work If you are absent from work and have not followed usual procedures for notifying us that you are sick or absent for a reason relating to your disability we have agreed that I will do the following: For example; Try to contact you on your mobile and/or notify your emergency contact whose up to date details are as follows: An up to date copy of this form will be retained by employee/line manager/HR. A copy of this form may also be given to a new or prospective line manager with the prior consent of the employee. Employee signature: Date: Employer signature: Date: - 26 Managing Attendance Toolkit Version 9 HSE Return to Work following Stress Questionnaire Return to work questionnaire Question Was it a problem for you? Use this space to detail what the problem was. If it was not a problem leave it blank Cause of stress Demands Did different people at work demand things from you that were hard to combine? Did you have unachievable deadlines? Did you have to work very intensively? Did you have to neglect some tasks because you had too much to do? Were you unable to take sufficient breaks? Did you feel pressured to work long hours? Did you feel you had to work very fast? Did you have unrealistic time pressures? Control Could you decide when to take a break? Did you feel you had a say in your work speed? Did you feel you had a choice in deciding how you did your work? Did you feel you had a choice in deciding what you did at work? Did you feel you had some say over the - 27 Managing Attendance Toolkit Version 9 What can be done about it? Can we make any adjustments? way you did your work? Did you feel your time could be flexible? Support* (Manager) Did your manager give you enough supportive feedback on the work you did? Did you feel you could rely on your manager to help you with a work problem? Did you feel you could talk to your manager about something that upset or annoyed you at work? Did you feel your manager supported you through any emotionally demanding work? Did you feel your manager encouraged you enough at work? (Peers) Did you feel your colleagues would help you if work became difficult? Did you get the help and support you needed from your colleagues? Did you get the respect at work you deserved from your colleagues? Were your colleagues willing to listen to your work-related problems? Relationships* Were you clear about what was expected of you at work? Did you know how to go about getting your job done? Were you clear about what your duties and responsibilities were? Were you clear about the goals and objectives for this department? Did you understand how your work fits into the overall aim of the organisation? Change Did you have enough opportunities to question managers about change at work? - 28 Managing Attendance Toolkit Version 9 Did you feel consulted about change at work? When changes were made at work, were you clear about how they would work out in practice? Other issues Is there anything else that was a source of stress for you, at work or at home, that may have contributed to you going off work with work-related stress? - 29 Managing Attendance Toolkit Version 9 SHORT-TERM SICKNESS ABSENCE FLOWCHART Employee is absent from work Manager recognises from monitoring that employee has reached a health indicator (10 working days or 3 occasions or 75hrs within a 12 month period) (To calculate working days: 10÷ 37.5 x contracted hours) YES NO Consider whether employee needs any support Consider whether employee needs any support May need to refer to other HR policies which are available on the intranet e.g. HRP6 Flexible Working Policy etc… May need to refer to other HR policies which are available on the intranet e.g. HRP6 Flexible Working Policy etc… Carry out Return to work meeting (Appendix 7) Carry out a Return to work meeting (Appendix 7) If a psychological or musculoskeletal problem is identified, an immediate Occupational Health referral should be discussed with individual Provide an EAP staff counselling leaflet Refer to HRP29 Stress Management Policy On receipt of the OH report and return to work, carry out a Return to Work meeting on return (Appendix 7) Consider whether to complete HSE Return to Work Questionnaire (Appendix 10), if appropriate Please refer to Informal Counselling Flowchart and consider any recommendations Refer to Informal Counselling Flowchart - 30 Managing Attendance Toolkit Version 9 INFORMAL COUNSELLING FLOWCHART Manager to fact find to establish the cause of sickness Review the employees’ whole sickness record within the last 12 months Consider whether to provide EAP staff counselling leaflet Manager to consider whether it’s appopriate to refer the employee to Occupational Health, YES NO Make referral and arrange review meeting between Manager/individual to discuss Occupational Health report and sickness absence. Counselling session and details of the 6mth review period should be recorded (copy to employee & HR) Monitor improvement over next 6 months. Discussion over significant improvement expected over next 6 months Counselling session and details of the 6mth review period should be recorded on the Return to Work meeting form (copy to employee & HR) NO Has attendance significantly improved? YES Is an Occupational Health referral necessary? NO Acknowledge significant improvement Confirm in writing the outcome of the review (copy to HR) YES Await Occupational Health report before arranging Stage 1 Formal Meeting. Refer to Stage 1 (Formal) Flowchart - 31 Managing Attendance Toolkit Version 9 Refer to Stage 1 (Formal) Flowchart STAGE 1 (FORMAL) FLOWCHART Stage 1 - First Formal Attendance Meeting Invite employee to a Stage 1 review meeting, in writing, allowing representation of either a T.U. Rep or work based colleague Manager to have HR support refer to refer to Scheme of Delegation in relation to authority levels for Appeal process (Appendix 13) First Written Warning may be issued or a further period of monitoring may be recommended. Outcome of meeting must be confirmed in writing within 5 working days (copy to HR) Individual has right to Appeal Continue to monitor for significant improvement N over next 12 months NO Has attendance significantly improved? Is an Occupational Health referral necessary? YES YES Acknowledge significant improvement. Confirm in writing the outcome of the review (copy to HR) NO Arranging Stage 2 Formal Meeting and await Occupational Health report. Refer to Stage 2 (Formal) Flowchart Refer to Stage 2 (Formal) Flowchart - 32 Managing Attendance Toolkit Version 9 STAGE 2 (FORMAL) FLOWCHART Stage 2 - Formal Attendance Meeting Invite employee to a Stage 2 review meeting, allowing Representation of either a T.U. Rep or work based colleague Manager to have HR support Final Written Warning may be issued or a further period of monitoring. refer to refer to Scheme of Delegation in relation to authority levels for Appeal process (Appendix 13) Outcome of meeting must be confirmed in writing within 5 working days (copy to HR) Individual has right to Appeal Continue to monitor for significant improvement over next 12 months YES Has attendance significantly improved? Acknowledge significant improvement NO Confirm in writing the outcome of the review (copy to HR) Manager MUST refer individual to Occupational Health if not already done so at previous stages in the procedure or consider whether an up to date review is required. YES Is OH referral needed? Arrange Stage 3 meeting and await Occupational Health report, consider Redeployment/Dismissal/ Conclusion of Employment Refer to Stage 3 (Formal) Flowchart - 33 Managing Attendance Toolkit Version 9 NO Refer to Stage 3 (Formal) Flowchart STAGE 3 (FORMAL) FLOWCHART Stage 3 Formal Meeting Redeployment/Dismissal/ Conclusion of Employment Invite employee to a Final review meeting, allowing representation of either a T.U. Rep or work based colleague Manager to have HR support A decision on Redeployment/ Dismissal/Conclusion of employment may be taken Outcome of meeting must be confirmed in writing within 5 working days (copy to HR). Individual has right to appeal refer to Refer to Scheme of Delegation in relation to authority to dismiss and Appeal process Dismissal/Conclusion of Employment Employee should be given notice as per their contract of employment ESR forms to be completed and sent to HR Redeployment Individuals will be given a minimum of 3 months on the redeployment register, where they will have access to jobs on a restricted basis. If at the end of the 3 months they have not secured an alternative post, then their continued employment will need to be considered. - 34 Managing Attendance Toolkit Version 9 SCHEME OF DELEGATION Issue of Final Appeal to: Written Warning By: Category of Staff Issue of First Appeal to: Written Warning By: Issue of Appeal to: Dismissal/Conclusion of Employment By: Chief Executive (CEO) Chairman Designated Non- Chairman Executive Wirral Community NHS Trust member Designated Chairman Non-Executive Wirral Community NHS Trust member Designated NonExecutive Wirral Community NHS Trust Member Executive Directors Chief Executive Chairman Chief Executive Chairman Chief Executive Chairman or Designated NonExecutive Other staff Chief Executive directly responsible to the CEO Chairman Chief Executive Chairman Chief Executive Chairman or Designated NonExecutive Medical & Head of Service Dental staff (i.e. Doctors & Dentists) Medical Director Head of Service Medical Director Head of Service CEO All other Immediate staff Manager Head of Service Next level or Designated Manager above representative Immediate Manager Head of Head of Service Service or Designated Designated representative representative or Director Notes 1. In the event that Chairman is not available, the role of the Chairman may be undertaken by a designated representative. 2. In all instances involving the Chairman, Chief Executive or Executive Directors, discussion will first take place with Wirral Community NHS Trust’s Director of HR & Corporate Affairs. - 35 Managing Attendance Toolkit Version 9 3. In relation to appeals against any dismissal/conclusion of employment, the appeal panel will be heard by 1 Non-Executive Director and 2 other Directors, not previously involved will in the case. - 36 Managing Attendance Toolkit Version 9 PROCEDURES TO BE USED AT MANAGING ATTENDANCE APPEAL HEARINGS An Appeal Panel will consist of at least 3 panel members: The Chairperson of the Panel shall: Introduce all present Explain that the purpose of the Appeal Hearing and decide if the original decision should be supported, revoked or amended Explain the format of the Appeal Hearing 1. 2. 3. Management Presentation of Case (a) The manager or management representative shall state the case in the presence of the employee and/or his or her representative (b) The employee or representative shall have the opportunity to question management (c) The panel members shall have the opportunity to question management Employee Presentation of Case (a) The employee or his or her representative shall state the case in the presence of Management (b) Management shall have the opportunity to question the employee or representative (c) The panel members shall have the opportunity to question the employee or representative Summing-Up (a) Management shall have the opportunity to sum up the case (b) The employee or representative shall have the opportunity to sum up the case. The employee or representative shall have the right to speak last. NB: In their summing-up neither party may introduce any new matter - 37 Managing Attendance Toolkit Version 9 4. The manager or management representative, employee, or representative shall withdraw from the proceedings. 5. The panel shall deliberate in private, only recalling both parties to clear points of uncertainty on evidence already given. If recall is necessary both parties shall return, notwithstanding only one is concerned with the point giving rise to doubt. 6. The panel shall recall both parties so that the decision can be announced. In the case of an Appeal Hearing the panel will advise the employee that no further internal processes are possible and the decision of the Appeal Panel is final. The decision of the panel will be confirmed formally in writing within 5 working days of the date of the hearing. Exceptionally, depending on the complexity of the case, the panel may not be able to give their decision on the day. In such cases contact will subsequently be made with the employee or representative as soon as possible after the hearing and certainly within 5 working days of it, or a suitable explanation will instead be given. NB: At any point in the proceedings the panel may, at its discretion, adjourns the proceedings where they feel this is appropriate - 38 Managing Attendance Toolkit Version 9 Acknowledgement of 100% Attendance Manager receives report from HR detailing those staff achieving 100% attendance in last twelve months. Manager adds employee’s name to the template letter and prints two copies. Manager Issues letter to employee and send other copy to HR for personal file. Guidance As part of our efforts to improve attendance rates throughout the Trust, we have introduced a 100% attendance letter to acknowledge the commitment of staff with no sickness absence in attending work and helping to deliver excellent patient care. Each month Managers will receive a list of employees in their area who have had no sickness absence within the last 12mths. You will need to add their name to the letter template, print two copies, issue one copy to the staff member and send the other copy to HR for recording on their personal file. You will receive a new list each month but you will need to keep a record of which staff you have issued letters to and when, to ensure they do not receive more than one letter in any twelve month period. - 39 Managing Attendance Toolkit Version 9 Our ref: SG/FS/na/5154-12 Old Market House Hamilton Street Birkenhead Wirral CH41 5AL Date Tel: 0151 514 2888 Fax: 0151 652 2668 Name Title Organisation Address 1 Address 2 Address 3 Address 4 Post code www.wirralct.nhs.uk Dear Name 100% Attendance – Thank you We would like to congratulate you on achieving 100% attendance over the past 12 months. At Wirral Community NHS Trust, we pride ourselves on delivering a high quality service to patients and their families and your level of attendance at work demonstrates your commitment towards your colleagues, your team and the Trust in ensuring this excellent service continues to be delivered. This record of attendance goes a long way in supporting the Trust in its plans to achieve Foundation Trust status and ensuring a successful and healthy future for Wirral Community NHS Trust, our patients and their families. Yours sincerely Jayne Williams On behalf of Staff Side Frances Street Chairman - 40 Managing Attendance Toolkit Version 9 Simon Gilby Chief Executive Useful information Cancer and Work A diagnosis of cancer can have a devastating effect on an individual, their family and friends. This news needs to be handled with caution and sensitivity. MacMillan Cancer Support has produced a series of booklets designed to support managers and individuals at this difficult time. Click on the following links to access further information. For Employers Managing cancer in the workplace: An employer’s guide to supporting staff affected by cancer http://www.macmillan.org.uk/Cancerinformation/Livingwithandaftercancer/Workandcancer/Supp ortformanagers/Employersguide/Employersguide.aspx Top 10 Tips for line managers http://www.macmillan.org.uk/Documents/Cancerinfo/Toptipsforlinemanagers.pdf For Employees Work and Cancer; a guide for people living with cancer http://www.macmillan.org.uk/Cancerinformation/Livingwithandaftercancer/Workandcancer/Supp ortforemployees/Workcancer/Workcancer.aspx Work it out; the essential questions to ask about work http://www.macmillan.org.uk/Documents/Getinvolved/Campaigns/WorkingThroughCancer/WorkI tOut/WorkItOut.pdf For Carers Work it out: essential questions for carers to ask about work http://www.macmillan.org.uk/Documents/Cancerinfo/Livingwithandaftercancer/Ifsomeoneelseha scancer/Workitouttoolforcarers.pdf Working while Caring for someone with Cancer http://www.macmillan.org.uk/Cancerinformation/Ifsomeoneelsehascancer/Workingwhilecaringfor someone/Workingwhilecaringforsomeone.aspx Mindful Employer Mental health issues are a major cause of sickness absence. Mindful Employer aims to increase awareness of mental health at work and provides on-going support for employers in the recruitment and retention of staff with mental health problems. The Mindful Employer website provides information for Employers, Employees and Health services; they detail personal stories, good practice, resources and links to other networks. For further information and advice follow the link to their website - 41 Managing Attendance Toolkit Version 9 www.mindfulemployer.net Musculoskeletal Disorders NHS Employers have published a guide to support line managers with staff who have musculoskeletal disorders. The guide provides an understanding of the key issues managers need to be aware of when supporting a return to work or managing a staff member’s condition while remaining in the workplace. http://www.nhsemployers.org/HealthyWorkplaces/implementingHWB/ResourcesLineMa nagers/Pages/ManagersGuideOnSicknessAbsence–MusculoskeletalDisorders.aspx - 42 Managing Attendance Toolkit Version 9 EQUAL OPPORTUNITIES MONITORING We require this information for monitoring under the Equality Act 2010 as well as other legislation and directives covering equal opportunities and diversity. The Trust is committed to equal opportunities and fully supports this monitoring. As a Public Authority it is our duty under the Equality Act. Ethnicity Codes White Mixed White British A White Irish B Any other C White Other ethnic groups Chinese Any other ethnic group Disability codes No disabilities Dyslexic White & D black Caribbean White & E Black African White & F Asian Any other G mixed background Not stated R S N D Blind/sight S impaired Deaf/hearing H impaired Mobility M difficulties Other Not stated Age Category Under 20 years 20-24 years 25-44 years 45+ years Asian Asian British Indian Pakistani or H Black or Black British Caribbean M J African Bangladeshi K Any other L Asian background Z 1 Gender code Male M 2 Female F 3 4 MANAGER TO FORWARD A COPY OF FORM TO HR - 43 Managing Attendance Toolkit Version 9 N Any other P Black background