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1.
INTRODUCTION
This procedure is designed to help Customer Management serve our customers by
encouraging the high standards of attendance normally achieved and maintained by
the vast majority of employees so that a reliable staffing base can be
maintained and the customers continue to receive a high standard of service in
the face of increasing competition.
The following procedure applies to all Customer Management employees:
· consists of a series of stages at which employees will be encouraged, through
advice and guidance, to improve their pattern of attendance to an acceptable
standard.
· The stages are progressive and specifically intended to help employees
maintain appropriate patterns of attendance, and so avoid more formal action
which may lead to dismissal.
· At every stage of the procedure there is an opportunity for employees to
provide an explanation for their absence(s) and for mitigating factors to be
fully taken into account.
· Accidents which happen in the course of Customer Management work would
normally be discounted.
· Absences which are incurred by employees who are disabled are treated in
accordance with the Disability Discrimination Act 1995 and which, after taking
the appropriate medical advice including that of the Employee Health Service,
are confirmed as being related to their disability, will normally be discounted.
However this may not always be the case and the following should be noted.
A. These absences will still be recorded on the employee's sick absence record.
B. The line manager will still carry out return to work discussions, explain
that the relevant absences have been discounted and discuss whether assistance
from Employee Health Service or Customer Management would help with disability
related attendance problems, including consideration of any reasonable
adjustments.
C. Absences which are disability-related may be counted where this is
justifiable to do so and in these circumstances the employee should be given
advance warning that future absences will no longer be discounted.
Minimum standards of attendance are built into each stage so that employees
clearly understand what Customer Management requires.
No employee will be dismissed on grounds of unsatisfactory attendance if
Customer Management standards of attendance are consistently achieved. However,
those minimum standards are not intended to have the status of an entitlement.
Employees will need to demonstrate - by meeting the business requirements on
notification and certification of absence - that the sick absence was necessary.
Deliberate abuse of these provisions will constitute misconduct and may result
in disciplinary action being considered.
2. APPROACH
All employees deserve to be treated with dignity, respect and understanding.
This should be reinforced by a supportive approach. Where practicable Employee
Health Service or any other appropriate specialist support will also be
provided. The aim is to encourage good attendance using return to work
discussions, counselling and well understood standards. An employee can be
referred to Employee Health Service when professional advice is required.
· Each case must be treated on its merits, taking into account issues such as
age, length of service and nature of work.
· The Customer Management Attendance set out at Appendix 1 are minimum
standards designed to ensure consistency, but flexible enough to be relaxed
where the merits of the case justify it.
· Every employee who fails to achieve these minimum standards will have his/her
attendance monitored. Action will only be taken if he/she fails to achieve the
standards of attendance appropriate to the next stage.
3. PRINCIPLES
The principles on which this agreement is based are:
· A focus on capability not conduct.
· An approach that will be firm but fair.
· Agreed standards of attendance which are communicated.
· Confidentiality - with information safeguarded on a need to know basis.
· A three stage progressive formal process during which employees are
encouraged to meet the agreed standards.
· A right of Trade Union representation at all interviews other than return to
work discussions.
· A request by employees for an interview with a manager of the same sex will
be treated sympathetically where practicable.
· Disclosure of all Employee Health Service medical advice to the employee
which might impact on the ultimate employment decision.
· A right of appeal against dismissal.
4. RIGHTS
Consignia Customer Management will manage attendance in accordance with the
following individual rights which it recognises are held by all its employees:
· To be treated with respect and courtesy at all times.
· To be treated fairly and reasonably.
· To know what standards are expected.
· To understand the process that applies to them.
· To have their explanation fully considered.
· To have mitigating circumstances taken into account.
· To be accompanied at formal interviews by a fellow worker who may be a trade
union representative..
· To be advised of the outcome of any formal interviews.
· To appeal against dismissal.
5. RETURN TO WORK DISCUSSIONS
When someone returns to work from absence the line manager must aim as soon as
possible (no later than 24 hours) to speak privately and out of earshot of
others with the person in a non threatening and supportive way outside formal
procedures with the following objectives.
· to acknowledge the employee's return and demonstrate it is valued.
· for the employee to air any concerns.
· to see if any help is needed and provide direction to encourage regular
attendance.
· to ensure the absence is appropriately certified.
Absences due to sickness are assumed to be genuine.
A return to work discussion will take place but employees will not be required
to disclose information of a personal and sensitive nature if they choose not be
do so.
An acknowledgement that a return to work discussion has taken place will be made
on the self certification form.
Return to work discussions must be fully accepted and applied if they are to add
value and all staff are covered, including senior management because it is
important to signal to all staff of Consignia Customer Management's serious
commitment to proper and fair sickness management.
6. UNSATISFACTORY ATTENDANCE PATTERN
Where, despite return to work discussions an employee's attendance becomes
unsatisfactory and does not meet the agreed standards then subject to the
consideration of paragraph 13 the attendance of the employee will be reviewed in
the context of the three formal stages of the Attendance Procedure set out
below:
7. STAGES IN THE ATTENDANCE PROCEDURE
The Attendance Procedure consists of three stages to which different standards
of attendance apply. These are set out in Appendix 1. The stages are intended to
detail the standards that need to be achieved and help employees maintain
acceptable attendance patterns, thereby avoiding the need for consideration of
dismissal.
Absences which count
All absences up to the day of the interview with the manager will be included in
the overall review of absences for that stage and not count towards the next
stage of the procedure.
7.1 Stage 1 - 1st Stage Warning
When an employee's attendance becomes unsatisfactory the employee should be
interviewed in order to determine whether a 1st stage warning should be given
that his/her attendance is falling short of the required standards. The approach
should be handled sensitively. In such circumstances the employee will be
provided with his/her absence record. When shown their record, many employees
are genuinely surprised and a friendly word can on occasions achieve a genuine
change for the better.
The interviewer should first ask the employee for his/her own explanation of the
absences and for any mitigating factors, taking previous counselling discussion
into account. If it is not appropriate to issue a warning, the employee will be
advised accordingly and reminded of the standards that apply. If it is
appropriate:
· the employee should be given a 1st Stage Warning that his/her attendance is
unsatisfactory.
· he/she must make every effort to reach Consignia Customer Management
standards, and the specific improvement required (absence level and timescale).
· remind his/her of the services of the Employee Health Service.
· encourage him/her to take advantage of the assistance on offer as well as
consulting his/her own Doctor if appropriate to improve his/her attendance
record.
The employee should be advised that if the standard is met he/she will be
removed from the formal procedure.
The employee has the right to representation by a fellow worker. If
unaccompanied, the employee should be reminded of a right to consult a fellow
worker who may be an accredited Union Representative.
If, exceptionally, should the employee request that the matter is dealt with in
writing, the employee should be advised that the relevant manager is considering
giving a 1st Stage Warning on the basis of the employee's record, and indeed to
put any explanation/mitigating factors. The employee should be advised of the
subsequent decision and the specific improvement he/she must achieve.
After the interview, the 1st Stage Warning should be confirmed in writing, along
with any relevant points.
7.2 Stage 2 - 2nd Stage Warning
If an employee, who has been given a 1st Stage Warning fails to make the
required improvement he/she should be interviewed by the second line manager The
purpose of the interview is to warn the employee that his/her attendance is
unsatisfactory and that he/she could be facing dismissal if he/she does not
reach and maintain an acceptable standard of attendance. In such circumstances
the employee should be shown his/her absence record.
The interviewer should first ask the employee to put forward any explanation for
the absence(s) and any mitigating factors, then make a decision as to whether or
not a warning should be given. If not, then the employee must be told the
outcome and the stage of the procedure he/she is at, if so, the line manager
should:
· give the employee a 2nd Stage Warning that his/her attendance is
unsatisfactory.
· explain that if there is insufficient improvement to reach and maintain an
acceptable standard he/she is liable to be dismissed.
· set out the specific improvement required (absence level and timescale) in
order to achieve an acceptable level of attendance. The employee should be
advised that if the standard is met he or she will be removed from the formal
procedure.
· remind him/her to seek help from Employee Health Service or his/her own
medical advisers.
· remind him/her of their right to approach his/her trade union representative.
The employee has the right to be accompanied by a fellow worker who may be an
accredited Trade Union Representative.
The employee should be advised that if the standard is met he/she will be
removed from the formal procedure.
After the interview, the Second Stage Warning should be confirmed in writing
along with any relevant points.
7.3 Stage 3 - Dismissal Stage
If, after receiving a 2nd Stage Warning there is insufficient improvement in the
employee's attendance and the relevant manager considers that dismissal may be
appropriate, he/she will then write to the individual telling him/her that
dismissal is being considered and inviting him/her to seek a consultation with
the Employee Health Service. Regardless of whether the individual takes up the
offer of a consultation, management must request a report from the Employee
Health Service when dismissal is being considered.
If the manager decides that dismissal may be appropriate the employee will be
invited to interview to put forward his/her case. The notification should be in
writing and should show a full record of the absences and warnings which have
led to the consideration of the dismissal. Prior to interview the relevant
papers (including a copy of all Employee Health Service advice where
appropriate) will be copied to the individual. The employee should be advised
that if he/she wishes to respond to the invitation he/she must do so within
three working days of receiving the notification letter. The employee may choose
to put his/her case either in writing or at an interview (but can be called for
interview if the manager considers it necessary).
At this interview the employee may be accompanied by a fellow worker who may be
an accredited Trade Union Representative.
Medical Retirement
The employee should also be advised that he/she may apply for medical retirement
at this stage if he/she can produce medical evidence to support the application.
If the employee wishes to take the opportunity to apply for medical retirement,
he/she should be warned that he/she must:
· advise the manager of his/her intention to apply for medical retirement
within three working days of the date of the letter, and
· produce written medical evidence (or a letter from his/her GP/hospital
indicating that a specialist's opinion is being sought) to support the
application within a further two weeks.
An application for medical retirement will not necessarily delay the remainder
of the dismissal process, but if the application is successful an employee who
has been dismissed will be reinstated then retired on medical grounds, with pay
for the intervening period.
When the Stage 3 interview has been held, the manager who conducted it will take
a decision on dismissal, taking into account all available information and
mitigating factors. If the decision is to dismiss, the employee will be advised
accordingly and told their last day of service. If the manager decides dismissal
is not justified, the employee will return to Stage 2 of the procedure and have
the appropriate standards of attendance explained.
Notes of the key issues from this meeting should be taken and the employee given
three days to comment on them, after which a decision will be taken.
When a decision has been made the individual will be advised of the outcome face
to face where possible. This will be confirmed in writing with details of
his/her right to appeal.
8. APPEALS AGAINST DISMISSAL
If the employee wishes to appeal he/she should tell the manager who imposed the
penalty within three working days of receiving the decision to dismiss. A
hearing will normally be arranged within four weeks of the notification of
dismissal and the employee will be notified in writing of the time, place and
manager dealing with the appeal five working days prior to the interview or
earlier by mutual agreement.
An employee who appeals can be accompanied by a fellow worker who may be a trade
union representative. The appeal is a re-hearing of the case. If new medical
evidence comes to light at the appeal, the Appeal Manager may adjourn the
hearing to seek the advice of the Employee Health Service.
The employee will normally be told of the outcome of the appeal within seven
working days. If there is significant delay the individual will be informed of
the reason and likely new date. In all cases the employee will receive a written
notification of the decision with reasons.
Dismissals will take effect from the date specified in the dismissal letter. If
management is unable to arrange an appeal or come to a decision in a reasonable
time, a formal offer to extend the notice period will be made.
In the event of a successful appeal and consequential reinstatement, continuity
of employment will be preserved along with their employment rights.
9. STAFF ON SICK LEAVE
Where an employee is off sick and says he/she cannot attend for interview at any
of the formal stages, he/she will be given the opportunity of putting forward
his/her case in writing, within seven working days, and would be free to enlist
support from a fellow worker who may be an accredited Trade Union
Representative. If the opportunity is declined, the case will be processed in
the normal way.
10. STAFF ON TRIAL (On first appointment)
Attendance is one of the key elements of performance that is monitored during a
trial on first appointment.
Patterns of attendance shown in the first year of service are usually a good
indication to future attendance. Also, poor attendance that goes unchecked often
does not improve but worsens.
It is therefore also important to have a procedure in place to warn staff on
trial when their levels of attendance are showing signs of becoming
unsatisfactory, and to encourage them to make the necessary improvements. If
they do not, their trial may be extended to ensure that they can make and
sustain the necessary improvements or their services may be terminated.
This procedure for new staff is detailed in Appendix 1.
Line managers must ensure that all staff on trial are aware that their
attendance records are being monitored in line with the agreed standards for new
entrants on trial.
11. SICK ABSENCE NOTIFICATION
When a member of staff is unable to attend work through ill health, they must
notify their line managers, as soon as practicable of their incapacity for work,
preferably before the time they are due to attend.
Sick leave will commence from the first day of absence and continue until
a) The employee notifies their line manager they are now fit to return to work
or
b) The individual attends for their next period of duty.
Examples
1) An individual commences sick leave on Friday and does not return until
Tuesday - four days recorded (if returned Monday only their working days would
be recorded).
2) A part time employee due to work only Monday and Thursday commences sick on
Monday but returns Thursday - one day recorded (If return is not until Monday -
seven days will be recorded).
Individuals should at the earliest opportunity advise their line manager when
they propose to return to work.
12. PART-DAY ABSENCES /Doctor's/Dental/Hospital Appointments
If a member of staff is scheduled to attend work on particular day, but does not
attend that day due to ill health, this would be recorded as a full day's sick
absence, irrespective of the number of hours they were scheduled to attend.
However, if a member of staff performed at least one hour's duty on a particular
day, but was unable to attend for the rest of their scheduled hours due to ill
health, although this will be recorded it will not normally count towards the
irregular attenders procedure. This approach may be reconsidered in cases where
an employee has an exceptionally high number of such part day absences.
All medical appointments should be arranged in the individual's own time
whenever possible. However, if this cannot be done, time off may be allowed for
attending such appointments. The line manager may ask for evidence of the date
and time of the appointment e.g. appointment card/letter. The individual should
not be expected to make up the time lost.
Such appointments are not taken into account when monitoring under the
Attendance Procedure.
13. LINK TO LONG TERM SICK ABSENCE
If at any time, whether or not an employee is subject to a stage within the
formal procedure, he/she becomes absent with a condition which is likely to
result in a long term absence, he/she may be dealt with under arrangements for
dealing with long term absence and rehabilitation (Appendix 3).
Where his/her absence record is such that Personnel and the line manager
consider it in the business interests for that absence to be considered together
with other absences as part of the review of his/her whole attendance at the
appropriate stage of the Attendance Procedure, then it will be progressed under
that procedure.
Where the absence is dealt with under the arrangements for dealing with long
term absence, a decision will be made by Personnel and the line manager as to
whether the absence counts for the purposes of the CM Attendance Procedure. The
employee should then be informed of his/her status under the Attendance
Procedure.
14. AUTHORITY LEVELS
Authority levels for the various stages of the procedure will be the same as for
the Conduct Code and any changes that are subsequently agreed in disciplinary
authority levels will automatically also apply.
15. REVIEW
All parties are committed to the agreed procedure which will be jointly
monitored, measured and reviewed following introduction to assess its
effectiveness and approach.
Formal reviews will take place at six months and 12 months to identify any
trends and opportunities for improvement.
MIKE RACE
Head of HR Policy
Consignia Customer Management
APPENDIX 1
Customer Management Attendance Standards
These standards are designed to encourage and help employees to develop
appropriate patterns of attendance. While the required standards must be met,
each case should be treated on its merits and any mitigating factors the
employee is able to put forward must be fully taken into account.
1. Minimum National Attendance Standards - Employees Not On Trial
Employee who have successfully completed their trial period are still required
to maintain a high standard of attendance. Attendance may be regarded as
warranting formal action if an employee who is not on trial had in excess of:
Stage 1: 4 absences or 14 days in a 12 month period
Stage 2: 2 absences or 7 days within the following 6 month period
Stage 3: 2 absences or 7 days within the following 6 month period
2. Minimum National Standards - New Entrants On Trial
With employees new to Customer Management it is important to establish quickly a
clear understanding of the need to maintain appropriate standards of attendance.
Attendance may be regarded as warranting formal action if an employee who is on
trial has more than:
Stage 1: 2 absences or 7 days within a 6 month period
Stage 2: 2 absences or 7 days in the next 6 months
No triallist should have his/her appointment confirmed whilst under this
procedure.
In deciding whether these standards are met for employees whose trial was
recently confirmed, attendance during the whole of employment is considered, not
just from the date trial is confirmed. An employee whose trial has been
confirmed following an improvement to the required triallist standard will then
be appropriate to the non triallist standards.