Sickness Absence Policy and Procedure

Policy Scope

The Company understands that employees may need to be absent from work from time to time due to sickness. This policy covers employees and Company Directors in handling time off from work where the reason for absence is sickness. The Company aims to have as many employees as possible in attendance at all times during the working week and sickness absence needs to be managed so that an acceptable level of absence can be permitted and any problems resolved.

Procedure

Notification

If employees are unable to attend work due to sickness absence, they must notify their team by 09:00 on the morning of the absence and ensure that their sickness is logged on our internal system. They will need to explain why they are unable to attend and indicate when they intend to return to work.

Certification

Absences of eight days or longer should be certified by a Fit Note from a GP, however if the employee is absent for seven calendar days or less in each instance, the employee may instead self-certify their absence.

For absences of seven consecutive calendar days or less, upon their return to work, it may be requested that a self-certification form should be completed and passed to a Company Director.

For absences of eight days or more, a fit note is required. Fit notes are issued by the employee’s GP and should be passed to a Company Director upon their return to work. The fit note should cover each day of absence and, if multiple fit notes are issued, they should be posted to a Company Director with a brief explanation of their absence, the condition and if known their expected return to work date or next GP appointment.

Failure to follow the certification process outlined above may be considered misconduct and may be dealt with under the Company’s disciplinary process. Company sick pay and SSP (statutory sick pay) may be withheld during this time.

Private medical certificates

A private fit note may be considered necessary by the Company is there is a history of unusual absences or if a Company Director believes the employee may benefit from an intervention by a medical practitioner. The cost of obtaining a private fit note will be reimbursed by the Company. A private fit note may be requested by the Company regardless of the duration of the actual period of sickness absence.

Return to work

A fit note may make a recommendation for temporary changes to be made to an employee’s working environment or conditions to facilitate a return to work. The Company may require the employee to meet with a medical practitioner, of the Company’s choosing, to have the fitness to work arrangements of the employee assessed and confirmed.

Where the fit note contains recommendations for changes to be made to working conditions or practices, the Company will consider those recommendations and try as far as possible to accommodation those changes, where permissible in accordance with the needs of the business.

For extended periods of absence, the Company may require the employee to meet with a medical practitioner, of the Company’s choosing, to have the fitness to work arrangements of the employee assessed and confirmed.

In all circumstances, a return to work interview will be arranged by a Company Director for the employee.

The return to work interview will confirm the employee’s fitness to return to work, update the employee on any changes that may have taken place in the workplace whilst absent and confirm that if any necessary support is required, and make arrangements for this as appropriate.

Fit notes

Where a fit note is marked as “may be fit for work” by the employee’s General Practitioner, the GP usually sets out the possible alternations or amendments that could be made to the employee’s working practices to facilitate their fitness for work. Examples of the options available are:

• phased return to work

• amended duties

• altered hours

• workplace adaptations.

A meeting will be arranged for the employee to meet with a Company Director and team member (where relevant) to discuss the arrangements recommended in their fit note and how best the Company can facilitate a return to work.

In the event that adjustments and amendments cannot be made, the employee will not be able to return to work and will need to remain on sickness absence. However, where adjustments and amendments can be facilitated, regular reviews will be undertaken with the employee to confirm that the changes made continue to be adequate. The changes should be temporary and should not be considered permanent changes to the terms and conditions.

Medical examination

If the Company believes that a medical opinion is necessary, the Company reserves the right to require an employee to be referred to a medical practitioner for an assessment to be undertaken.

Access to medical reports

The Company may need to request a copy of an employee’s medical reports or medical records to assist in the assessment of the employee's medical condition. The employee’s consent, in line with requirements under the Access to Medical Reports Act 1988, will be obtained prior to the Company making contact with their GP and the employee is entitled to see a copy of the documentation provided. In line with data protection legislation, employees will also be given details on the reason for the examination, what the Company intends to do with the data obtained and the lawful basis for processing the data.

Long term sickness

Employees should be aware that although the Company is sympathetic towards genuine illnesses, it is not realistic for the sickness-related absence to continue forever. The Company will be eager to get the employee back into the workplace as appropriately and effectively as possible, but the employment may need to be reviewed if this cannot be achieved. There will be a full consultation with the employee, together with a medical investigation and consideration of redeployment or alternative employment.

If there is regular or persistent absence due to long term sickness, injuries etc, the situation is unlikely to be able to continue forever. Ultimately, employment may be terminated after full compliance with the Company’s termination procedures in these circumstances. See the section below in relation to dismissal for more information on this aspect.

The Company will usually require employees who have been absent for one month or more, or are expected to be absent for one month or more, to return some or all of their Company equipment. This may be requested so that the equipment can be redeployed to other employees.

Should a return to work be possible, the Company may require the employee’s current fitness to be determined and confirmed by a medical practitioner, of the Company’s choosing.

Updates during sickness

Employees are expected to keep a Company Director updated with their health and expected date of returning to work.

Company Directors will arrange periodic meetings with the employee to discuss the current situation so that each side is kept up to date with developments.

This will usually be at the employee’s usual place of work but if a home visit is necessary due to serious ill health or being physically unable to attend work, this can be accommodated.

Disability

The Company has a duty to make reasonable adjustments where an employee has a disability covered by the Equality Act 2010.

The duty to make reasonable adjustments covers elements such as making changes and adjustments to working hours, existing equipment, provision of different equipment and workplace practices, if the employee is placed at a substantial disadvantage. It may also involve physical changes, such as to the building entrance points, or alterations to the floor plan, furniture etc.

The employee will be consulted fully on these.

The duty to make the adjustments is ‘reasonable’ so if the suggested adjustment is not viable it will not be made. It may also be the case that no reasonable adjustments are possible to facilitate a return. There may be no alternative roles or employment available and if there is no prospect of the employee being able to return to work in the near future, it may be inevitable that a decision to dismiss is the last and only option.

Dismissal and the right to appeal

If long term sickness absence leads to dismissal, the employee will be provided with the reasons for the dismissal in writing.

The reasons for dismissal should set out the circumstances that led to the decision to dismiss. Employees have the right to appeal the decision and they should do so within five working days, to the named Company Director setting out the reasons for their appeal.

The appeal itself will be dealt with in accordance with the rules on appeals set out in the Company’s disciplinary process.

Payment arrangements and insurance

Statutory sick pay (SSP)

Employees qualify for SSP on Mondays to Fridays for full time employees and their normal working days for part time employees.

SSP payments are made subject to tax and national insurance deductions.

For more information on current rates of pay, please visit www.gov.uk/statutory-sick-pay

Company sick pay scheme

The Company sick pay scheme provides up to 10 days paid sickness in any 12 month period. Once that allowance is exhausted, you will revert of SSP.

Company sick pay payments are entirely at the discretion of a Company Director. Employees in a probationary period are not entitled to Company sick pay payments.

The sick pay scheme terms and conditions can be varied or revoked upon the giving by the Company of a calendar month’s written notice, to be provided on any significant change to the entitlements and amounts due under the sick pay scheme.

Unpaid sickness

Employees who are not eligible for SSP or for payments under the Company sick pay scheme will take that period of sickness as unpaid. No variable payments and no basic pay shall be made.

Employee’s annual leave entitlement will only accrue at their statutory entitlement under the Working Time Regulations 1998, ie pro rata up to a total of 28 days per annum. This includes public holidays.

Absences for reasons other than sickness

Long term absences for reasons other than sickness, such as career breaks or time off for long distance travel, will be considered by Company Directors at the request of an employee. The request will be considered in line with business needs and operational requirements prior to being authorised.

Unauthorised absences will be dealt with via the Company disciplinary procedure.

Protecting your data

All personal data obtained during sickness absence procedures will be handled with the utmost integrity and confidentiality and in line with our data protection policy. Employees may be reminded of the types of data the Company holds, including data on health, and our practices in relation to that data by reviewing the Company’s privacy notice.

Last updated: January 2020