slide1 l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Exercises in short term and long term sickness absence Pauline Wilson and Andrew Macmillan 6 November 2008 PowerPoint Presentation
Download Presentation
Exercises in short term and long term sickness absence Pauline Wilson and Andrew Macmillan 6 November 2008

Loading in 2 Seconds...

play fullscreen
1 / 38

Exercises in short term and long term sickness absence Pauline Wilson and Andrew Macmillan 6 November 2008 - PowerPoint PPT Presentation


  • 465 Views
  • Uploaded on

Exercises in short term and long term sickness absence Pauline Wilson and Andrew Macmillan 6 November 2008. Objectives…. How to deal more confidently with issues What procedures must be followed What pitfalls to avoid. Do you have an absence problem?. Step 1 collate information.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Exercises in short term and long term sickness absence Pauline Wilson and Andrew Macmillan 6 November 2008' - Leo


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
slide1

Exercises in short term and long term sickness absencePauline Wilson and Andrew Macmillan6 November 2008

objectives
Objectives….
  • How to deal more confidently with issues
  • What procedures must be followed
  • What pitfalls to avoid
step 1 collate information
Step 1 collate information
  • Employee’s name
  • where they can be contacted
  • date of the first day of absence
  • cause of absence
  • whether the injury or illness is considered to be work-related
  • working days absent (updated regularly)
  • date the employee was last contacted and the outcome
  • expected length of absence, if known
  • return-to-work date
  • type injury or illness – short-term, acute, musculo-skeletal, stress related
  • long-term or chronic illness
but beware data protection
But beware! Data protection!
  • Data Protection Act 1998
  • Covers collection, use and storage of information about workers.
  • Staff should know what information about their health is being collected and why.
  • Keep information about workers’ health in a secure place
  • Assessment of fitness for work should normally be left to a suitably qualified health professional
  • Managers should not have access to more information about a worker’s health than is necessary. In most cases this can be limited to whether they are fit to work or not.
step 2 review the information collected
Step 2 review the information collected
  • How often are individuals absent and why?
  • Are there any problem areas within teams, departments or locations?
  • What is the balance between short term recurrent absence and long term absence?
  • Is a small part of the workforce responsible for a large part of the overall absence?
  • Are there any patterns of absence?
  • Don’t rely solely on statistics - follow up by talking to managers and staff
step 3 consider the potential causes of absence
Step 3 consider the potential causes of absence
  • Medical factors
  • Injuries at work
  • Lifestyle factors
  • Persistent or recurrent conditions
  • Family, carer or other domestic commitments
  • Travel difficulties
  • Workload and stress
  • Organisation and team size
  • Company sick pay
  • Organisational culture or climate.
so how do you develop an absence strategy
So how do you develop an absence strategy?

Start with an absence policy which includes;

  • the expected standards of attendance
  • management commitment
  • procedures for managing absence
  • procedures for investigating and managing ‘problem’ absence.
support the policy with other initiatives
Support the policy with other initiatives..
  • Rigorous monitoring
  • Appraisals
  • Incentives?
  • Sick pay
  • Flexible working?
  • Occupational health
managing short term absence
Managing short term absence

“ in order to show both the employee concerned, and other employees, that absence is regarded as a serious matter and may result in dismissal, it is very important that persistent absence is dealt with promptly, firmly and consistently”

ACAS

slide11
Measures commonly used
  • Notification procedure
  • Absence ‘trigger’ points
  • Return-to-work interviews
  • Attendance bonuses
  • First day medical certificate
slide12
The Bradford Factor

S X S X D = Bradford points score

  • S = number of occasions of absence
  • D = total number of days absence
  • Over last 52 weeks (commonly)
slide13
S X S X D = Bradford points score
  • 1 absence of 14 days = 14 points

(1 X 1 X 14)

  • 7 absences of 2 days each = 686 points

(7 X 7 X 14)

  • 14 absences of 1 day each = 2,744 points

(14 X 14 X 14)

slide14
Return to work interviews
  • Welcome back
  • Well enough to be at work?
  • Cause of the absence
  • Disability?
  • Review absence record
  • Patterns or areas of concern
  • Any underlying causes
  • Steps to reduce likelihood of future absence
when can an employer say enough is enough
When can an employer say “enough is enough”?
  • Nature of the illness
  • Likelihood of it or another illness recurring
  • Length of absences
  • Length of spaces of good health
  • Need of the employer for the work done by the particular employee
  • The impact of absences on others who work with the employee
  • Compliance with company policy
  • Assessment of the individual’s position
  • The extent to which the difficulty of the position has been made clear to the employee
general considerations
General considerations….
  • Consultation with the employee
  • Fair review of the attendance record and reasons for absence
  • Is there a risk of an underlying medical condition or are the symptoms and complaints transient?
  • If underlying condition, treat as long term illness
  • Is there reason to suspect the illness is not genuine?
medical investigation
Medical investigation
  • Is it necessary?
  • Yes; where risk of underlying illness
  • No; where no risk (i.e. transient unconnected symptoms and conditions)
  • If in doubt, investigate
what procedure needs to be followed
What procedure needs to be followed?
  • Compliance with standard DDP/disciplinary procedure
  • Give appropriate warnings of dismissal if no improvement
  • Need to give opportunity to comment on medical advice and make representations
  • Alternative employment
  • Reasonable adjustments
managing long term sickness
Managing long term sickness

Communication is the key:

  • Requires discussion at the start of the illness and periodically throughout
  • Personal contact between the employer and employee?
  • Consideration of the employee’s opinions
  • Consideration of alternative employment
what procedure needs to be followed20
What procedure needs to be followed?
  • Compliance with standard DDP/disciplinary procedure
  • Need to give opportunity to comment on medical advice and make representations
  • Consider alternative employment
  • Consider reasonable adjustments
  • Permanent Health Insurance
medical investigation21
Medical investigation:
  • Will always be required before any dismissal
  • Needs all the available information before any decision to dismiss is made
  • Info from GP or consultant?
  • Conflicting medical reports
  • Refusal to undergo medical examination
medical records
Medical records
  • The Access to Medical Records Act
  • When does it apply?
  • What to do if consent is refused
the disability discrimination act
The Disability Discrimination Act

What is a disability?

“A person has a disability if he has a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day-to-day activities”

impairment
Impairment

Physical impairment always includes:

  • Multiple sclerosis
  • HIV infection
  • All cancers

Mental impairment can include:

  • Anxiety
  • Stress
  • Depression
  • Learning disabilities
some conditions are excluded
Some conditions are excluded…
  • A tendency to set fires
  • A tendency to steal
  • A tendency to physical or sexual abuse of others
  • Exhibitionism
  • Voyeurism
  • Hay fever
  • Addiction to alcohol, nicotine or any other substance?
effect
Effect
  • The impairment must have a substantial and adverse effect
  • Substantial means more than “minor” or “trivial”
  • Focus is on what the worker cannot do rather than what they can do
  • cumulative effects
  • Beneficial effect of medical treatment, use of prostheses or aids is disregarded
long term
Long Term

An impairment has a long term effect if at the date of the alleged discriminatory act, it:

  • Has lasted at least 12 months; or
  • Is likely (i.e. it is more probable than not) to last:
    • at least 12 months
    • for the rest of the workers life
normal day to day activities
Normal Day to Day Activities

To count as a disability, the impairment must affect one of the following activities:

  • Mobility
  • Manual dexterity
  • Physical co-ordination
  • Continence
  • Ability to lift, carry or otherwise move everyday objects
  • Speech, hearing or eyesight
  • Memory or ability to concentrate, learn or understand
  • Perception of the risk of physical danger
reasonable adjustments
Reasonable adjustments…

The duty applies throughout employment to:

  • a provision, criterion or practice applied by or on behalf of the employer; or
  • any physical features of the premises
  • which place a disabled person at a substantial disadvantage compared with non-disabled people
examples of adjustments
Examples of adjustments:
  • Adjustments to premises
  • Reallocating duties
  • Transferring to fill an existing vacancy
  • Altering working hours or training
  • Assigning to a different place of work or training
  • Allowing time off for rehabilitation, assessment or treatment
examples of adjustments continued
Examples of adjustments (continued)
  • Appropriate training or mentoring
  • Acquiring or modifying equipment
  • Modifying instructions/reference manuals
  • Modifying procedures for testing or assessment
  • Providing a reader or interpreter
  • Providing supervision or other support
  • Extending sick pay
what is reasonable depends on
What is “reasonable” depends on…
  • The effectiveness of the step in preventing disadvantage
  • The practicability of the step
  • The financial and other costs
  • Extent of any disruption
  • Impact on other workers
  • The employer’s financial and other resources
  • If financial assistance available
  • The value of the worker’s experience and expertise
  • The nature of the undertaking and size/administrative resources
procedural considerations
Procedural considerations
  • Statutory dismissal procedures
  • Automatic unfair dismissal
  • Enhanced awards
  • Step 1 – written invitation
  • Step 2 – meeting
  • Step 3 – right of appeal
what to do next
What to do next….
  • Collate information (beware data protection)
  • Look for trends or patterns
  • Look for common causes
  • Be proactive – medical cover/EAP etc
  • Adopt an absence policy – and tell everyone about it
  • Use back to work interviews
and before you dismiss someone
…and before you dismiss someone

Short term absence…

  • Use of warnings
  • Medical reports?
  • Balance fairness to employee with business issues
  • Comply statutory dismissal procedures

Long term absence

  • Medical reports
  • Consider reasonable adjustments
  • Balance fairness to employee with business issues
  • Comply statutory dismissal procedures
andrew macmillan
Andrew Macmillan

HBJ Gateley Wareing

City Gate East

Tollhouse Hill

Nottingham

NG15FS

AMacmillan@hbj-gw.com

0115 9838242

pauline wilson
Pauline Wilson

ACAS

Lancaster House

10 Sherwood Rise

Nottingham

NG7 6JE

Pwilson@acas.org.uk

0115 9246504

slide38

Exercises in short term and long term sickness absencePauline Wilson and Andrew Macmillan6 November 2008