absence and wellbeing templates september 2018 · web view06/01/2018 02:40:00 title absence and...

Contents

PA1 Initial Contact Letter (after 7 days absence)...............................................................................3PA2 keeping in contact / arranging visit (after 14 days absence)................................................4PA3 Invitation Support Meeting................................................................................................................. 5PA4a Outcome of Support Meeting – where they have returned to work....................................7PA4b Outcome of Support Meeting – where employee is still absent............................................9PA5a Invitation to Absence Management Meeting (Stage 1 – Short Term Absence).................................................................................................................................................................................. 11PA5b Invitation to Absence Management Meeting (Stage 2 – Short Term Absence)..........13PA5c Invitation to Absence Management Meeting (Stage 3 – Short Term Absence).................................................................................................................................................................................. 15PA6a Outcome of Absence Management Meeting – Stage 1............................................................17PA6b Outcome of Absence Management Meeting – Stage 2............................................................19PA6c Outcome of Absence Management Meeting – Stage 3............................................................21PA7a Invitation to Absence Management Meeting (Long Term Absence)...............................23PA7b Outcome of Absence Management Meeting – Long Term Absence...................................25PA8a Invitation to Hearing (Potential Dismissal).................................................................................27PA8b Invitation to Case conference (Potential Dismissal)...............................................................29PA8c - Outcome of a fourth stage Capability Hearing (Dismissal) - Numerous absences....31PA8d - Outcome of Case Conference (dismissal) – Long Term Absence......................................33PA8e – Stage 4/Case conference management report........................................................................35Absence Management Meetings - Informal Stages (PA10 – Part 1)..............................................39Attendance Management Meetings - Formal Stages (PA10 – Part 2)...........................................40PA9: Contact Sheet: (communication / contact chronology)...........................................................45PA10 – Part 1....................................................................................................................................................... 46PA10 – Part 2....................................................................................................................................................... 47PA11 – Reasonable Adjustment Outcome Letter - Agreement........................................................48

1

Templates

HR Procedure

PA12 Reasonable Adjustment Outcome Letter – No Agreement..................................................49

PA1 Initial Contact Letter (after 7 days absence)

Optional / At manager’s discretion – could telephone instead (preferable)

Private and ConfidentialName/addressDate

Dear

Sickness Absence

I am sorry that you are unwell and wish to offer my support for your early recovery and return to work.

If you are still unwell after a week or so, I will contact you again with a view to arranging a time and date when I might meet with you at a support meeting. Support meetings are part of the Council’s Absence and Wellbeing Procedure (as attached), they enable us to keep in touch when employees are absent and provide support if we can.

If your sickness absence is work related and you feel unable to discuss the matter with me please contact [normally the line manager’s manager] (name) on (telephone number).

However I do hope that you will recover quickly and that you will be back soon. If not, I will contact you in the next week or so and will arrange a support meeting.

If you require a copy of this document in different formats such as large print, Braille, audio or in a different language, please call 01228 606060.

Yours sincerely

(name)Line Manager

3

PA2 keeping in contact / arranging visit (after 14 days absence)

Note: this meeting could be arranged over the phone with a letter to confirm the arrangements. The meeting should normally be arranged within 2 to 3 weeks of the absence starting.

Date

Private and ConfidentialName/address

Dear (name)

Sickness Absence

Further to my (letter / phone call) of (date), I am sorry to hear that you are still unwell.

As discussed I would like to meet with you informally to see how you are feeling and to discuss any ways in which I can be of support.

May I suggest we meet at (time / date / venue). If this time or date is inconvenient for you, or you would prefer me to visit you at home or some other suitable venue, please let me know.

For your information please find enclosed a copy of the Council’s Absence and wellbeing procedure.

Please could you confirm your attendance to (name) on (telephone..

I look forward to seeing you on (date). I will be accompanied by XXXX (recommended for home visits)

This is an informal meeting, however should you wish to be accompanied by a trade union representative or work colleague please let me know


Yours sincerely

(name)Line Manager

PA3 Invitation Support MeetingDate


Dear (name)

Absence Management Support Meeting

Further to our last meeting of (date) regarding you current period of absence/following your last period of absence, I am sorry to hear that you are still unwell(delete if short term absence).

I would like to meet with you for a support meeting to see how you are feeling and to discuss any ways in which I can be of support.

May I suggest we meet at (time / date / venue) so we can discuss your absence/attendance record. If this time or date is inconvenient for you, or you would prefer me to visit you at home or some other suitable venue, please let me know.

Support meetings are held with employees who incur 3 separate absences or the absence(s) have lasted for a total of 8 days or more in any rolling 12 month period, or where there is a pattern or trend emerging which is giving cause for concern.

Your absence record shows that you have been absent on the following occasions:

From To Reason for absence

I am enclosing for your attention a copy of the Absence and wellbeing Procedure which outlines the process to be followed.

Please could you confirm your attendance to (name) on (telephone..

I look forward to seeing you on (date). I will be accompanied by XXXX (recommended for home visits)This is an informal meeting, however should you wish to be accompanied by a trade union representative or work colleague please let me know

Should you wish to access Cumbria County Council’s counselling service, which is an independent and confidential service, please contact me and I will make arrangements. If you require a copy of this document in different formats such as large print, Braille, audio or in a different language, please call 01228 606060.

If you require any reasonable adjustments in order to attend and take part in the meeting, please let me know

I would be grateful if you could confirm receipt of this letter and your attendance at the meeting with me.

Yours sincerely(name)Line Manager5

PA4a Outcome of Support Meeting – where they have returned to work

Date


Dear (name)

Absence Management - Outcome of Support Meeting

I am writing to confirm the outcome of the support meeting I held with you on (date).

The purpose of the meeting was to discuss with you your levels of absence. Also present at this meeting was (name/post title/ TU rep / Co-worker).

I explained that the reason for my concern was that you had had (number) days/instances of absence during the past (number) months. I gave you a copy of your sickness absence record.

As you are aware, we have also met at Welcome Back to Work interview(s) on (number) occasions prior to this meeting, where we have discussed your sickness absences, what support is available to you such as (list) and what further actions to take, which have included (list).

At the support meeting we discussed further your sickness absence levels and reasons for absence. Your response was (insert) and you detailed the measures you have taken/you will take in recognition of your own personal responsibility to improve your attendance levels. We also discussed whether there was any additional support that could be provided to you such as (insert).

We agreed the following measures would be put in place:

(insert measures eg continued monitoring and/or referral to occ health)

I explained that it was important that if you continue to experience problems that affect your attendance record you discuss this with me, so that we can identify whether any further support could be made available to you.

I hope that the measures we have agreed will support you in your attendance at work. I am required to let you know that if you have further absence which reaches one of the trigger points below, I will have to consider formal action under the Absence and wellbeing procedure. The trigger points are:

absence totalling 8 days or more (in a 12 month period); and / or 3 separate absences (in a 12 month period); and / or a pattern or trend of absence giving cause for concern.

The trigger points will not include your absence record to date.

I hope that this clarifies the points we discussed and that there is a significant and sustained improvement in your attendance level. If I can offer any further support please do not hesitate to contact me.


Yours sincerely

(name)Line Manager

cc Trade Union Representative (where relevant)

7

PA4b Outcome of Support Meeting – where employee is still absentDate


Dear (name)

Absence Management - Outcome of Support Meeting

I am writing to confirm the outcome of the Support Meeting I held with you on (date) at (address). The purpose of the meeting was to discuss with you your ongoing absence from work. Also present at this meeting was (name/post title/ TU rep / Co-worker).

We discussed your continuing absence and the treatment you were currently receiving. Obviously our aim is to see you back at work. We agreed that we would meet again on (date).

At the meeting we discussed further your sickness absence and reasons for absence. Your response was (insert) and you detailed the measures you have taken/you will take in recognition of your own personal responsibility to improve your attendance levels. We also discussed whether there was any additional support that could be provided to you such as (insert).

We agreed the following measures would be put in place: (insert measures eg continued monitoring and/or referral to occ health)

I explained that it was important that if you continue to experience difficulties or your condition and/or treatment changes that you discuss this with me, so that we can identify whether any further support could be made available to you.

I hope that the measures we have agreed will support you in your attendance at work. I am required to let you know that if you have further absence which reaches one of the trigger points below, I will have to consider formal action under the Absence and wellbeing procedure. The trigger points are:

If you are not well enough to return to work by (either 4-6 weeks from date of meeting or end date on fit note – whichever is more reasonable), by (date), then we will have an absence management meeting to discuss your absence further.

If you are well enough to return either on (date above) or prior to this date then the following triggers will apply:

o absence totalling 8 days or more (in a 12 month period); and / or o 3 separate absences (in a 12 month period); and / oro a pattern or trend of absence giving cause for concern.

On (date) we will review the support required and the actions agreed and if necessary I may need to consider more formal action under the Attendance and wellbeing procedure. I left a copy with you for reference. I hope that this clarifies the points we discussed and if I can offer any further support please do not hesitate to contact me.


Yours sincerely

(name)Manager


9

PA5a Invitation to Absence Management Meeting (Stage 1 – Short Term Absence)

Date


Dear (name)

Stage 1 - Absence Management Interview

We recently met for a support meeting on (date) to discuss your absence. Since this meeting, I note that you have experienced further absences and reached another trigger point and/ or breached your action plan.

In order to review your absence record, measures, and support provision I have arranged for an absence management interview for (time and date) at (venue).

Absence management interviews are held in accordance with the absence and wellbeing procedure when the relevant trigger point for the stage in the process has been reached. The triggers points set for this stage were:




I am enclosing for your attention a copy of the Absence and wellbeing Procedure which outlines the process to be followed. Further guidance notes can be accessed via InTouch or, if required, I can mail a copy to you.

The aim of the meeting is to work out a clear strategy for progressing the absence to some form of resolution. This will give aIl interested parties the opportunity to fully understand the current situation, the various perspectives on the absence and to attempt to gain a mutually beneficial resolution which might include:

Consideration given to resolving the health issue. Consideration given to amending, adapting and changing aspects of the current job. Consideration given to redeployment within the Council. Consideration given to retraining within the Council Any other workable options.

Please note that this is the First stage of the formal Absence Management process and you have the right to be accompanied by a trade union representative or a co-worker should you choose.

Should you wish to access Cumbria County Council’s counselling service, which is an independent and confidential service, please contact me and I will make arrangements.



Please confirm receipt of this letter, your attendance at the meeting, and whether you will be accompanied by anyone at the meeting.

Yours sincerely

(name)Line Manager

11

PA5b Invitation to Absence Management Meeting (Stage 2 – Short Term Absence)

Date


Dear (name)


We recently met for a Stage 1 – Absence Management meeting on (date) to discuss your absence. Since this meeting, I note that you have experienced further absences and reached another trigger point and/ or breached your action plan.


Absence management interviews are held in accordance with the absence and wellbeing procedure when the relevant trigger point for the stage in the process has been reached. The triggers points set for this stage were:







Please note that this is the Second stage of the formal Absence Management process and you have the right to be accompanied by a trade union representative or a co-worker should you choose.

Should you wish to access Cumbria County Council’s counselling service, which is an independent and confidential service, please contact me and I will make arrangements




Yours sincerely

(name)Line Manager

13

PA5c Invitation to Absence Management Meeting (Stage 3 – Short Term Absence)

Date


Dear (name)


We recently met for a Stage 2 – Absence Management meeting on (date) to discuss your absence. Since this meeting, I note that you have experienced further absences and reached another trigger point and/ or breached your action plan.


Absence management interviews are held in accordance with the absence management procedure when the relevant trigger point for the stage in the process has been reached. The triggers points set for this stage were:







Please note that this is the Third stage of the formal Absence Management process and you have the right to be accompanied by a trade union representative or a co-worker should you choose.





Yours sincerely

(name)Line Manager

15

PA6a Outcome of Absence Management Meeting – Stage 1

Date


Dear (name)

Stage 1 - Outcome of Formal Absence Management Interview

I am writing to confirm the outcome of our meeting on (date) when we discussed your levels of sickness absence. (name / job title / TU / Co-worker) was also present.

As you are aware, we have met on (number) occasions prior to this meeting and have discussed your sickness absences, what support is available to you such as (list support discussed) and what further actions to take, which have included (list actions).

During the meeting we discussed your sickness absence record and reasons for absence. I confirm that you have had (number) occasions and (number) days sickness since (date). Your response was (response). We also discussed whether there was any additional support that could be provided to you such as (support). I reminded you of the support available via Occupational Health or your line manager. Other organisations offering support can be found at http://www.cumbria.gov.uk/employeeinformation/


(insert measures)

I re-iterated that it was important that if you continue to experience problems that affect your attendance you discuss these with me so that we can determine whether any further support could be made available to you.

I explained to you that I am concerned at the level of sickness absence you have had and the effect that this is having on your ability to fulfil your duties. In accordance with the Councils’ formal Absence and wellbeing Procedure, I consider it appropriate in the circumstances to issue you with a Formal Oral Warning.

We discussed targets for improvement of attendance levels over the next 6 months and I confirm that we agreed the following trigger points

absence totalling 4 days or more in the next 6 months; and / or 2 separate absences in the next 6 months; and / or a pattern or trend of absence giving cause for concern.

This warning will remain on your file for a period of 6 months and your sickness absence will be formally monitored on a monthly basis. A further review meeting will be held on (date, time venue).

You are required to take personal responsibility for attendance at work and if there is no significant improvement in your attendance during this period, you may be subject to further formal action which

http://www.cumbria.gov.uk/employeeinformation/

could lead to further warnings under the Absence and wellbeing procedure and ultimately we may need to consider terminating your employment on capability grounds.

I hope we can work together on this and avoid any further action being necessary. Please contact me at any stage if there is anything further I can do to provide further help or support to you.

You have the right to appeal against this decision if you chose. If you wish to appeal you must inform me, in writing, within 5 working days of this notification, stating the grounds on which you wish to appeal. If I do not hear from you within this time, I will assume that you accept this decision.


Yours sincerely

(name)Line Manager


17

PA6b Outcome of Absence Management Meeting – Stage 2

Date


Dear (name)






(insert measures)


I explained to you that I am concerned at the level of sickness absence you have had and the effect that this is having on your ability to fulfil your duties. In accordance with the Councils’ formal Absence and wellbeing Procedure, I consider it appropriate in the circumstances to issue you with a Formal Written Warning.


absence totalling 8 days or more in the next 12 months; and / or 3 separate absences in the next 12 months; and / or a pattern or trend of absence giving cause for concern.



http://www.cumbria.gov.uk/employeeinformation/





Yours sincerely

(name)Line Manager


19

PA6c Outcome of Absence Management Meeting – Stage 3

Date


Dear (name)






(insert measures)


I explained to you that I am concerned at the level of sickness absence you have had and the effect that this is having on your ability to fulfil your duties. In accordance with the Councils’ formal Absence and wellbeing Procedure, I consider it appropriate in the circumstances to issue you with a Final Written Warning.


absence totalling 8 days or more in any of the next 2 years; and / or 3 separate absences in any of the next 2 years; and / or a pattern or trend of absence giving cause for concern.







Yours sincerely

(name)Line Manager


PA7a Invitation to Absence Management Meeting (Long Term Absence)

Date21


Dear (name)

Absence Management Interview

We recently met for a support meeting on (date) to discuss your absence. Since this meeting, I note that your sickness absence has continued. In order to review your absence, measures, and support provision I have arranged for an absence management interview for (time and date) at (venue).

Absence management interviews are held in accordance with the absence and wellbeing procedure when the relevant trigger point for the stage in the process has been reached. At the support meeting we agreed that the situation would be reviewed if you were still absent after (6-8 weeks).

Your absence record shows that your absence has continued as detailed below:



The purpose of this meeting is to discuss the likely length of your ongoing absence and what, if any, steps can be taken to assist you in returning to work, such as:-

A phased return to work. Amended job duties. Altered hours of work. Work place adaptions Redeployment Retraining within the Council Any other workable options.

[This will include discussion of the medical/occupational health report dated [date], which [I enclose/you have previously received].]

Please note that this is the First/second/third Absence Management meeting and you have the right to be accompanied by a trade union representative or a co-worker should you choose.



If you require a copy of this document in different formats such as large print, Braille, audio or in a

different language, please call 01228 606060.


Yours sincerely

(name)Line Manager

23

PA7b Outcome of Absence Management Meeting – Long Term Absence

Date


Dear (name)

Outcome of Formal Absence Management Interview

I am writing to confirm the outcome of our meeting on (date) when we discussed your sickness absence. (name / job title / TU / Co-worker) was also present.


During the meeting we discussed your sickness absence and reasons for absence. I confirm that you have been absent from work since (date). Your response was (response). We also discussed whether there was any additional support that could be provided to you such as (support). I reminded you of the support available via Occupational Health or your line manager. Other organisations offering support can be found at http://www.cumbria.gov.uk/employeeinformation/


(insert measures)

A work integration and recovery programme was agreed (formal action plan), as attached (enclose PA10) (Delete if appropriate)

The situation will be reviewed in (6-8) (amend to fit circumstances) weeks and I will continue to maintain regular weekly contact with you as agreed. Please advise me immediately if there are any significant changes to your medical condition which may affect the measures put in place.




Yours sincerely

(name)

Line Manager


25

PA8a Invitation to Hearing (Potential Dismissal)

Date


Dear

Invite to Stage Four Absence Management Hearing

On (date) you were given a Stage Three Warning and advised that your absence would continue to be monitored. Your record shows that since the date of issue of this warning, you have been absent on the following occasions:


As a result, I am writing to inform you that a hearing has been arranged for (time and date) and will be held at (venue). I will be conducting the hearing and will be accompanied by (People Management rep) (name, job title).

This hearing forms the fourth stage of the Council’s Absence and wellbeing procedure.

You are required to attend the hearing and you may, if you wish, be accompanied by a Trade Union Representative or co-worker.

I need to advise you that under the Absence and wellbeing process, this hearing could result in your dismissal. I will be considering all the evidence including:

advice received from the Occupational Health service your absence record the impact of your absence on service delivery, colleagues and the Council the actions offered / taken to support you in trying to reach an acceptable level of attendance any implications in relation to the Equality Act 2010 and other employment legislation any representations from yourself any new information that comes to light

I attach copies of relevant documents referred to above.

Optional: I have asked your manager (name, job title) to attend in relation to the above and to respond to any further questions which may arise.

Please confirm your attendance at the hearing and the name of the person who will be accompanying you. If you have any additional queries prior to the meeting please let me know.

I am enclosing for your attention a copy of the Absence and wellbeing procedure which outlines the process to be followed. If you wish to have a copy of the full procedure and guidance notes these can be accessed via InTouch or, if required, I can mail a copy to you.




Yours sincerely

Senior Manager

Cc TU Rep People Management

27

PA8b Invitation to Case conference (Potential Dismissal)

Date


Dear

Invite to Case Conference

On (date) we met for an absence management meeting and I advised that your absence would continue to be monitored. Your record shows that since this date, your absence has continued:


As a result, I am writing to inform you that a hearing has been arranged for (time and date) and will be held at (venue). I will be conducting the hearing and will be accompanied by (People Management rep) (name, job title).

This hearing forms a case conference under the Council’s Absence and wellbeing procedure.

You are required to attend the hearing and you may, if you wish, be accompanied by a Trade Union Representative or co-worker.

I need to advise you that under the Absence and wellbeing process, this hearing could result in your dismissal. I will be considering all the evidence including:

advice received from the Occupational Health service your absence record the impact of your absence on service delivery, colleagues and the Council the actions offered / taken to support you in trying to reach an acceptable level of attendance any implications in relation to the Equality Act 2010 and other employment legislation any representations from yourself any new information that comes to light

I attach copies of relevant documents referred to above.

Optional: I have asked your manager (name, job title) to attend in relation to the above and to respond to any further questions which may arise.

Please confirm your attendance at the hearing and the name of the person who will be accompanying you. If you have any additional queries prior to the meeting please let me know.

I am enclosing for your attention a copy of the Absence and wellbeing procedure which outlines the process to be followed. If you wish to have a copy of the full procedure and guidance notes these can be accessed via InTouch or, if required, I can mail a copy to you.

Should you wish to access Cumbria County Council’s counselling service, which is an independent and

confidential service, please contact me and I will make arrangements.



Yours sincerely

Senior Manager

Cc TU Rep People Management

29

PA8c - Outcome of a fourth stage Capability Hearing (Dismissal) - Numerous absencesDate

RECORDED DELIVERY + FIRST CLASS

STRICTLY PERSONAL AND CONFIDENTIAL

Name/Address

Dear

CONFIRMATION OF DISMISSAL

I write to confirm the outcome of the Hearing held in accordance with the Council’s Absence and wellbeing Procedure at (location and address) on (day/date).

Prior to the hearing you were given a full set of documentation and were informed that you were entitled to be accompanied at the hearing by a Trade Union representative or co-worker. You declined to be accompanied/you were accompanied by name/union). I chaired the hearing and was supported by (name/job title). (name/job title) attended as note taker.

The Hearing was arranged to consider your level of sickness and your failure to achieve the targets agreed following the issue of a Final Written Warning on (DATE).

In reaching a decision I considered the information provided by the Manager (name, job title) which included: (amend as appropriate)

Advice received from the Occupational Health serviceYour absence recordThe impact of your absence on service delivery, colleagues and the CouncilActions taken to support you in trying to reach an acceptable level of attendanceAny implications arising from the Disability Discrimination Act (1995) and other employment legislationYour response and representation made on your behalfOther…

I considered all the submissions made and the evidence presented very carefully and found as follows:

List each point in turn with the finding for that particular point and reasons for the findings.

I considered:

Your persistent short term absences That there is no indication that the measures taken to improve the situation have been effective The effect of your continued persistent short term absences on service delivery The effect of your continued persistent short term absences on your colleagues.

In light of these considerations, I decided that your employment as (job title) should be terminated on the grounds of incapability. Your dismissal from work is effective from the date of the hearing (date). In accordance with your contract of employment you are entitled to (*) weeks/months notice. This/These payments will be made at the usual time(s), the final payment will be made on (give date dependant on period of notice).

In accordance with the Absence and wellbeing Procedure I must inform you that you have the right of

appeal against this decision. If you wish to exercise this right you should do so in writing to me, within 5 working days of the date of notification of the decision and should state the reasons for the appeal.

If you choose not to appeal and you have any personal belongings which you would like to be returned to you, please let me know and I shall make these arrangements. If you have any property belonging to the County Council again please let me know and I shall make the arrangements to have these collected from you.

For ill health retirement if you require further information about the pension decision and / or a copy of the Council’s Pension Appeal Procedure, this can be obtained from your manager or People Management, Corporate, Customer & Community Services, Cumbria County Council, Parkhouse Building, Kingmoor Park, Carlisle, Cumbria, CA6 4SJ. The Appeal Procedure is known as the Internal Disputes Resolution Procedure and can also be obtained from http://www.intouch.ccc/hr/pay_benefits/default.asp If you are unhappy with the pension decision you can appeal to:-

LPP - Your Pension Service, PO Box 1382, Preston, PR2 0WQ or at [email protected] within 6 months of the date of this letter. You also have recourse to contact The Pension Advisory Service (TPAS).TPAS helps members and beneficiaries of pension schemes with disputes that they cannot resolve directly with the Pensions Scheme governing body. The address for the TPAS is:

11 Belgrave Road, London SW1V 1RB Pensions Helpline number: 0800 011 3797Email: [email protected] can also be contacted via your local Citizens' Advice Bureau.

The appeal procedure has two internal stages. The first stage is to the “adjudicator” who is a Senior Manager and the second stage, which must be within six months of the adjudicator’s decision, would be to the “administering authority” who is the Senior Manager, Pensions & Financial Services. Thereafter any further appeal would be an external appeal to the Pension Ombudsman at:- The Office of the Pensions Ombudsman, 10 South Colonnade, Canary Wharf, London, E14 4PU or at http://www.pensions-ombudsman.org.uk/contact-us Should you wish to access Cumbria County Council’s counselling service, which is an independent and confidential service, please contact me and I will make arrangements.


Yours sincerely

Senior Manager

Cc TU Rep (where relevant)Line ManagerPeople Management /Personal File

31

http://www.intouch.ccc/hr/pay_benefits/default.asp

PA8d - Outcome of Case Conference (dismissal) – Long Term AbsenceDate

Private and ConfidentialNameAddress

Dear

Outcome of Case Conference

I am writing to confirm the outcome of the Case Conference held on (DATE) when we discussed your current sickness absence. Also present at the meeting was/were (name, job title, / TU Rep / People Management ).

During the meeting we discussed your absence and considered whether there were any further actions the Council could take to assist you in continuing with your employment.

The final outcome of the hearing was (insert details).

(If dismissal)

I decided that in light of your continued absence and no certain date of a return to work / no prospect of a return to work in the foreseeable future and the effect of your continued absence on service delivery and colleagues, that your employment as (job title) should be terminated on the grounds of incapability through ill health.

It is with regret that I therefore give you (?) month’s official notice of your dismissal on the grounds of incapability to undertake your duties effectively because of ill health. This will take effect from (date). You will receive normal pay for this period, this/these payment will be made at the usual time(s), the final payment will be made on (give date dependant on notice period).

In accordance with the Absence Managment Procedure I must inform you that you have the right of appeal against this decision. If you wish to exercise this right you or your representative should do so in writing to me, within 5 working days of the date of notification of the decision and should state the reasons for the appeal.

If you choose not to appeal and you have any personal belongings which you would like to be returned to you, please let me know and I shall make these arrangements. If you have any property belonging to the County Council again please let me know and I shall make the arrangements to have these collected from you.

For ill health retirement if you require further information about the pension decision and / or a copy of the Council’s Pension Appeal Procedure, this can be obtained from your manager or People Management, Corporate, Customer & Community Services, Cumbria County Council, Parkhouse Building, Kingmoor Park, Carlisle, Cumbria, CA6 4SJ. The Appeal Procedure is known as the Internal Disputes Resolution Procedure and can also be obtained from http://www.intouch.ccc/hr/pay_benefits/default.asp If you are unhappy with the pension decision you can appeal to:-

LPP - Your Pension Service, PO Box 1382, Preston, PR2 0WQ or at [email protected] within 6 months of the date of this letter. You also have recourse to contact The Pension Advisory Service (TPAS).TPAS helps members and beneficiaries of pension schemes with disputes that they cannot resolve directly with the Pensions Scheme governing

http://www.intouch.ccc/hr/pay_benefits/default.asp

body. The address for the TPAS is:

11 Belgrave Road, London SW1V 1RB Pensions Helpline number: 0800 011 3797Email: [email protected] can also be contacted via your local Citizens' Advice Bureau.

The appeal procedure has two internal stages. The first stage is to the “adjudicator” who is a Senior Manager and the second stage, which must be within six months of the adjudicator’s decision, would be to the “administering authority” who is the Senior Manager, Pensions & Financial Services. Thereafter any further appeal would be an external appeal to the Pension Ombudsman at:- The Office of the Pensions Ombudsman, 10 South Colonnade, Canary Wharf, London, E14 4PU or at http://www.pensions-ombudsman.org.uk/contact-us Should you wish to access Cumbria County Council’s counselling service, which is an independent and confidential service, please contact me and I will make arrangements.


(amend / use as appropriate to individual circumstances) On behalf of Cumbria County Council I would like to thank you for the work you have undertaken. I acknowledge that this has been a stressful time for you and those close to you and hope that you can now move forward and look to the future with much improved health.

Yours sincerely

Senior Manager

Cc: TU Rep (where relevant) People Management/Personal file Line Manager

33

PA8e – Stage 4/Case conference management report

Employee NameJob Title Place of work

Stage 4/Case Conference Hearing Contents Page

1. Stage 4/Case Conference Hearing Report & Chronology

2. Correspondence & Letters

2.1 Support Meeting Documents

2.2 Stage 1 Documents




2.6 Other Letters and notes

3. Occupational Health Reports

4. Occupational Health Referrals

5. Copies of return to work forms

6. Copies of fitness to work statements

7. Job profile/person specification

8. Contract of employment

9. Copy of absence and wellbeing Procedure

Cumbria County CouncilStage 4/Case Conference

Absence ReportEmployee Details

Name: Personnel No: DOB:Contracted Hours: Position:Place of Work:Line Management:

1.0 INTRODUCTION

1.1 The purpose of the hearing is to consider the facts presented and to determine whether *EMPLOYEE NAME* health is sufficient for him/her to be able to perform the full range of duties and responsibilities of his/her post.

1.2 If the hearing concludes that he/she is not fit to perform the duties and discharge the responsibilities it will consider what has been done by the Council to assist his/her to return to work, and what action should be taken now.

1.3 The options for action are as follows:

* Reasonable adjustments to current post* Redeployment within Services* Redeployment within the County Council * Retraining* Dismissal on grounds of capability

1.4 A copy of the County Council’s Absence and wellbeing procedure is attached

2.0 EMPLOYMENT HISTORY

2.1 Key dates are as follows:

Date of Birth: Commenced employment with Local Authority on: Commenced employment with Cumbria County Council on: Commenced employment in current role:

2.2.1 As a *JOB TITLE* is responsible for: See Unique Job Specification

Purpose of the role

2.2.2 A copy of the job profile is attached

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INFORMATION REGARDING SUPERVISION & MANAGEMENT

Within the 12 months prior to the commencement of the current, ongoing absence *EMPLOYEE NAME* participated in Supervision and Appraisal as follows:

Supervision & Appraisal RecordDate Type Content

3 ABSENCE RECORD

DATES No. of Days

REASON

4 ABSENCE MANAGEMENT & OTHER MANAGEMENT INTERVENTION / SUPPORT

DATES ACTION

In addition to the above a comprehensive Contact Chronology has been maintained by the line manager.

AEP Job Search SupportDate Supported By Action

5 EFFECT ON DEPARTMENT

Detail here the effect the absence has had on the department such as in the example below:-

The Employee’s absence has had the following effect upon the Department:1. Additional Workload for Colleagues.2. Disruption in Continuity of Care to Service Users.3. Additional Workload for Manager and Supervisor in relation to the implementation of Absence

and Wellbeing procedure.4. Significant additional financial expenditure to provide necessary *JOB TITLE* cover.

6. ACTION TAKEN

Detail here all of the action taken as in the example below:-

1. Keep-In-Touch meetings conducted throughout the period of absence.2. Ongoing Occupational health servicesupport and input.3. Phased return to work and amended duties planned and agreed but not commenced.4. Significant additional financial expenditure to provide necessary cover.

7. SUMMARY

Complete a summary of the case here

REPORT COMPLETED BY:

Signed:

Date:

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21 Overview: Absence Management Meetings - Informal & Formal Stages

Absence Management Meetings - Informal Stages (PA10 – Part 1)INFORMAL

Form to Complete

Conducted when: Meeting format: Meeting Content: Possible Outcomes: Duration of Warning:

Welcome Back to Work Interview

HR09 On day individual returns to work (or as soon as possible afterwards)

Individual will attend upon manager’s request

Discussion re reason for absence and any support required

Update on anything relevant that has happened at work whilst they have been absent

No cause for immediate concern - continued monitoring

Trigger met - refer to Support Meeting / escalate to relevant Formal Stage (as appropriate)

N/A

Support Meeting(s)

Action Plan PA10 (part 1)

Employee has had:

3 separate absences have occurred in a 12 month period

absence(s) have lasted for a total of 8 days or more in a 12 month period

there is a pattern or trend emerging which is giving cause for concern

or

an employee is expected to be absent for 28 days or more

Individual will attend upon manager’s request

May be at work or other mutually acceptable/ suitable venue place

Individual may be accompanied

Attention drawn to absence / absence pattern and reasons for concern

Discussion of potential underlying reasons

Consideration of any reasonable adjustments which could be made

Discuss current situation and progress / prognosis

Discuss support which may assist return to work

Discuss appropriate targets (future triggers)

Advise that further absence could lead to formal action

referral to the Occupational Health Service

continued monitoring in all cases

agree and implement reasonable adjustments if appropriate

consider referral to AEP (schools should contact their HR provider)

refer to the Occupational health servicefor consideration for Ill Health Retirement if appropriate

Set appropriate targets (future triggers), for example not more than 8 days absence in the next 12 months

N/A

Notes:Welcome Back to Work meetings by managers with individuals must take place to assess the full circumstances of the absences and decide whether there is a requirement to move to any stage of the formal process.

Escalation from informal and through to the relevant formal stage will occur without delay if the level of non-attendance reaches an unacceptable level as determined by the Council.

Cumbria County Council

Attendance Management Meetings - Formal Stages (PA10 – Part 2)Notes:If the action plan targets have not been met or the triggers have been hit at any point in the time of the action plan, for example the target was not more than 8 days absence in the next 12 months, then the manager should take immediate action and escalate to the next stage, rather than wait for the end of the review period.

Where an individual has been absent with a disability/due to pregnancy related illness/due to an injury at work and has reached the procedure trigger points consideration will be given to the appropriateness of the trigger points in each individual case.

The granting of an ill health retirement pension (Pension Scheme members only) will only be considered once all attempts at work reintegration and redeployment have been explored and exhausted.

All stages are equally applicable for short and long term absences.

FORMAL Form to Complete


Stage 1 PA9Action Plan PA10 (part 2)

Following a support meeting within last 12 months, absence is ongoing or reaches another trigger point:

3 separate absences have occurred in a 12 month period; and/or

the absence(s) have lasted for a total of 8 days in a 12 month period; or

there is a pattern or trend emerging which is giving cause for concern: or

ongoing continuous sickness absence: or

other appropriate target set at support meeting

Individual is invited, in writing, to attend a formal meeting with manager and offered the right to be accompanied(Letter PA5)

As appropriate, a report from the Occupational health servicemay be sought prior to the meeting.

a) Attention drawn to absence and absence pattern and that it does not meet required level of attendance

b) Consideration of any new information or underlying reasons given (work related or personal) or of any change in the nature of the sickness

c) Consideration of most recent Occupational Health Report

d) Consideration of discounting of any absences, eg DDA etc (only under advice from People Management and the Occupational Health Service)

e) Consideration of any reasonable adjustments which could be made

f) Agree action / improvement plan and set dates for review meetings

a) Stage 1 warning (PA6) and Action Plan - Formal (PA10) – set improvement targets as appropriate to case

For example:

no more than two further absence in next 6 months

more than a total of 4 days absence in next 6 months

no more absences that continue the particular pattern / trend identified

continued monitoring and further review / return to work on <date> as appropriate to the circumstances.

b) Referral to the Occupational health service(if appropriate)

c) Referral to Alternative Employment Programme – AEP (if appropriate)

d) Referral to the Occupational health servicefor consideration for Ill Health Retirement (if appropriate)

e) no further action / normal monitoring

6 months from date of issue (subject to a substantial and lasting improvement in attendance)




Stage 1 Action Plan not met / Improvement Targets exceeded.

OR

2 “lapsed” Stage 1 warnings in last 3 years


As appropriate, a report from the Occupational health service may be sought prior to the meeting.

a) Attention drawn to the required improvements not being met and that attendance does not meet required levels

b) Consideration of any new information or underlying reasons given by individual (work related or personal) of which you may be unaware

c) Consideration of any change in the nature of the sickness

d) Consideration of most recent the Occupational health service Report

e) consideration of discounting of any absences, eg DDA etc (only under advice from People Management and the Occupational Health Service)

f) Consideration of any reasonable adjustments which could be made

g) Agree an further action / improvement plan and set dates for review meetings

a) Stage 2 warning (PA6) and Action Plan - Formal (PA10) – set improvement targets as appropriate to case, for example:

no more than three further absences in next 12 months

no more than a total of 8 days absence in next 12 months

no more absences in next 12 months that continue the particular pattern / trend identified

continued monitoring and further review / return to work on <date>

b) referral to the Occupational health service(if appropriate)

c) Referral to AEP (if appropriate) -(schools should contact their HR provider)

d) refer to the Occupational health service for consideration for Ill Health Retirement (if appropriate)


12 months from date of issue(subject to a substantial and lasting improvement in attendance)




Stage 2 Action Plan not met / Improvement Targets exceeded

OR

2 “lapsed” Stage 2 warnings in last 4 years


As appropriate, a report from the Occupational health service must be sought prior to the meeting (unless already held)

a) Attention drawn to the required improvements not being met and that attendance does not meet required levels

b) Consideration of any new information or underlying reasons given by individual (work related or personal) of which you may be unaware

c) Consideration of any change in the nature of the sickness

d) Consideration of most recent Occupational health service Report

e) Consideration of discounting of any absences, eg DDA etc (only under advice from People Management and the Occupational Health Service)


g) Agree an further action / improvement plan and set dates for review meetings

a) Stage 3 warning (PA6) and Action Plan - Formal (PA10) – set improvement targets as appropriate, for example:

no more than 3 further absences in any of the next 2 years

no more than a total of 8 days absence in any of the next 2 years

no further absences in any of the next 2 years that continue the particular pattern / trend identified

continued monitoring and further review / return to work on <date>

b) further referral to the Occupational health service(if appropriate)

c) Referral to AEP (if appropriate) (schools should contact their HR provider)

d) refer to the Occupational health service for consideration for Ill Health Retirement (if appropriate)


24 months from date of issue (subject to a substantial and lasting improvement in attendance)

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Stage 4(Hearing)

Case file and summary report (PA9)RequiredAction Plan PA10 (part 2)

Stage 3 Action Plan not met / Improvement Targets exceeded

Individual is invited in writing to attend a meeting:

with a member of SMT not previously involved,

and offered the right to be accompanied,

and informed that dismissal could be the end result of the meeting (Letter PA7)

A report from the Occupational health service must be sought prior to the meeting (if not already held).

A representative from People Management will attend in order to advise on points of law and procedure.

a) Presentation of report from the Line Manager – summary of absence to date, that attendance does not meet required levels and all action taken to support acceptable attendance

b) Individual given the opportunity to explain their case

c) Consideration of most recent the Occupational health service report

d) Consideration of any new information regarding ill health or change in the nature of the sickness

e) Consideration of discounting of any absences, eg DDA etc (only under advice from People Management and the Occupational health service)


g) Consideration of ill health retirement

h) Consideration of adjournment with setting of a further action / improvement plan and date for reconvened Hearing

i) Consideration of dismissal

a) A decision to dismiss on grounds of incapability;

b) Hearing adjourned, Stage 4 final written warning and Action Plan issued; hearing to be reconvened at set date for final decision

NA

EXAMPLE: PA9: Contact Sheet (communication / contact chronology)A contact sheet should be maintained for each individual and must be completed after every meeting / communication. It should be private and confidential, structured and factual (examples provided below). It may be shared with the employee

Before any meeting, please ensure you have: Employee’s absence history, Occupational Health reports, additional information as applicable.

Employee: XXXX Post: Directorate:

Absence start date & reason

Date of contact

Type of Contacteg: telephone/letter/email

Advice given by People Management (as applicable)

Summary of communication Signature and Designation

8.10.12Back pain

12.10.12 Telephone Not required XXXXX feeling a bit better but still uncomfortable. S/he has an appointment with the Doctor tomorrow. S/he will let me know how s/he got on and when s/he is likely to return to work.

A. OtherSupervisor

“” 13.10.12 Telephone Not required XXXXX contacted me today. S/he has been signed off for 2 weeks but hopes to be back after that.Diary note made to contact XXXXX nearer the expiry of sick note.

A. OtherSupervisor

“” 26.10.12 Telephone Not required Contacted XXXX who is still not well enough to return to work. S/he is going back to her Doctor.

A. OtherSupervisor

“ 28.10.12 Telephone Not required XXXX contacted me today. S/he is signed off for a further 2 weeks.Diary note made to contact People Management for advice.

A. OtherSupervisor

“ 1.11.12 email Yes Arrange a home visit if s/he is unable to drive to the office due to the back problem. Consider whether an Occupational Health referral is necessary.

A. OtherSupervisor

“ 2.11.12 Telephone and Letter

Not required Arranged a home visit for 8/11/12Confirmed in writing.

A. OtherSupervisor

“ 8/11/12 Home Visit (accompanied by YYY; ZZZ also present)

Yes Referral to the Occupational health service discussed with XXXX.Diary note to check for receipt of report.

A. OtherSupervisor

“ 3/1/13 Telephone Not required XXXX contacted me today. S/he has attended the Occupational health service and is signed off by Doctor for a month.

A. OtherSupervisor

“ 10/1/13 Letter Yes The Occupational health service Report says XXX should be fit for work with some adjustments in the workplace.XXX invited to Stage 1 Attendance Management Meeting

A. OtherSupervisor

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PA9: Contact Sheet: (communication / contact chronology)A contact sheet should be maintained for each individual and must be completed after every meeting / communication. It should be private and confidential, structured and factual. It may be shared with the employee.

Before any meeting, please ensure you have: Employee’s absence history, the Occupational health service reports, additional information as applicable.

Employee: Post: Directorate:

Absence start date & reason

Date of contact

Type of Contacteg: telephone/letter/email

Advice given by People Management (as applicable)

Summary of communication Signature and Designation

PA10 – Part 1Positive attendance – action plan

Employee name: Employee post: Location:

Manager’s name: Manager’s post: Date action plan started:

Attendance Management Meetings - Informal StagesDate agreed

Agreed by: Action required Outcome / Target Review date Reviewed - when and progress:

Duration of Warning:

Welcome Back to Work meetings by managers with individuals must take place to assess the full circumstances of the absences and decide whether there is a requirement to move to any stage of the formal process.


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PA10 – Part 2Attendance Management Meetings - Formal StagesNotes:If the improvement targets are exceeded at any point within the stages, the manager should take immediate action and escalate to the next stage, rather than wait for the end of the review period.

Where an individual has been absent with a disability/due to pregnancy related illness/due to an injury at work and has reached the procedures trigger points consideration will be given to the appropriateness of the trigger points in each individual case.

The granting of an ill health retirement pension (Pension Scheme members only) will only be considered once all attempts at work reintegration and redeployment have been explored and exhausted.

All stages are equally applicable for short and long term absences.

Attendance Management Meetings - Formal StagesSTAGE Date

agreedAgreed by: Action required Outcome/Target Review

dateReviewed when and progress: Duration of

warning:


Cumbria County Council

PA11 – Reasonable Adjustment Outcome Letter - Agreement

DatePrivate and Confidential

Employees Address

Dear (name),

Reasonable Adjustment Outcome Letter

This is a record of the (temporary/permanent) Workplace Adjustments agreed between (employee's name) and (line manager's name).

The purpose of this agreement is to:

ensure that both the employee and the employer have an accurate record of what has been agreed;

Provide the employee and his or her line manager with the basis for discussions about Workplace Adjustments at future meetings.

The adjustments agreed to your (job duties/working conditions/hours of work) are:

(List the adjustments and expand on them as appropriate)

[(EXCLUDE IF PERMANENT ADJUSTMENTS) These adjustments will be in place for a period of 4 weeks and you will return to your normal duties on (date).]

These adjustments will not affect your terms and conditions nor in any way affect your statutory and contractual employment rights.

Please could you indicate by signing and returning the attached copy of this letter that you are happy with these adjustments to your (job duties/working conditions/hours of work). If you require any further information or would like to discuss the adjustments further, please do not hesitate to contact me.


Yours sincerely,

PA12 Reasonable Adjustment Outcome Letter – No Agreement

DatePrivate and Confidential

Employees Address

Dear (name),

Reasonable Adjustment Outcome Letter

I am writing to confirm the outcome of the meeting I held with you on (date).

The purpose of the meeting was to discuss if it was possible to implement (temporary/permanent workplace adjustments) and what the adjustments would be. Also present at this meeting was (name/post title/ TU rep / Co-worker).

We have investigated what temporary/permanent Workplace Adjustments might reasonably be available for you, given the effects of your medical (condition/injury), which we understand means that (specify effects of condition, eg. difficulty with walking). As you know, the nature of the work that we do involves (state the type of activity involved in broad terms).

Unfortunately, we have been unable to identify any available Workplace Adjustments and so we are unable to accommodate your return to work on this basis.

OR

The only work that we currently have available is (specify any available work) and this is as demanding as your normal job and would not therefore be suitable for you.

If suitable work should become available, we will contact you. In the meantime, you should remain signed off sick (and entitled to statutory sick pay/occupational sick pay) until you are fit enough to return to your normal job.

A review meeting will be held on (date) in which we can review your situation further and identify any further support that can be made for you.

We are of course pleased to hear that your health is improving and hope that you will be fully fit soon.


If you have any queries, please feel free to contact me.

Yours sincerely,