Long Term Sickness Absence Process

1. Introduction

This process identifies the steps that the Company will follow to manage periods of long-term sickness absence, and should be read in conjunction with the OCS Sickness Absence Policy.

2. Long-Term Sickness Absence

Long-term sickness absence, for the purpose of this policy and process, is defined as an absence in which a colleague has been absent from work, or is anticipated to be absent from work, for a continuous period of 4 weeks or more.

3. Sickness Absence Certification

Colleagues on periods of long-term sickness absence should continue to provide Fit Notes throughout the period of their absence. If at any time a colleague stops providing Fit Notes, the manager should contact the colleague as soon as possible to request one.

If the manager is unable to reach the colleague, they should contact MyER for advice.

4. Keeping in Contact

As well as following the process outlined in this document, managers should keep in contact with the colleague during their period of absence. It should be agreed between the manager and the colleague how and when they will keep in touch based on the circumstances. However, managers may also contact colleagues from time to time for any reason that they deem appropriate, such as to monitor their progress, to discuss something that they need to speak to the colleague about, to provide any business updates, or just to generally keep in touch. Where possible, this should be within the colleague’s usual working hours.

Managers should ensure that colleagues on long-term sickness absence are given the opportunity to attend any team briefings, if they are fit to do so, and should also ensure that the colleague is advised of any business announcements or changes.

5. Arranging a Welfare Meeting

If a colleague has been absent from work, or is anticipated to be absent from work, for a continuous period of 4 weeks or more, the colleague should be invited to attend a Welfare Meeting.

A Welfare Meeting is an opportunity for the manager to talk to the colleague about their period of sickness absence, and to understand more detail regarding the reason for their absence. The colleague can also be asked for an update on their condition, for any advice provided by their GP or other medical experts, to confirm if they are awaiting any medical appointments or test results, and when they think they will be likely to return to work.

To arrange the meeting, the manager will send the colleague an invitation letter (a template is available from MyER), giving the colleague at least 48 hours’ notice of the meeting. The meeting will usually be arranged to take place at the colleague’s workplace, however if the colleague is unable to attend, they can ask for the meeting to be carried out elsewhere (for example, at a neutral location, an alternate site, or at their home). Alternatively, the meeting may be conducted via telephone call or Microsoft Teams call, if preferred.

A note-taker isn’t mandatory at a Welfare Meeting and, in some cases, because of the sensitive nature of a colleague’s absence, their manager may prefer to conduct the meeting without one. However, it is important that notes still be taken at Welfare Meetings; therefore, a manager may prefer to have a note-taker attend if they would find it difficult to take notes themselves, or if they would want a company witness to be present, particularly if the meeting is taking place at a colleague’s home.

Colleagues are not entitled to be represented at a Welfare Meeting. However, managers can allow colleagues to be accompanied by either a Trade Union Representative, work colleague or family member for support, if they feel it would be beneficial. Managers can decline a request from a colleague to be accompanied if they feel it inappropriate or would cause undue delay to the Welfare Meeting.

If a colleague unreasonably refuses or fails to attend a Welfare Meeting, any entitlement to Company Sick Pay (CSP) may be suspended until the colleague attends a Welfare Meeting, and the matter may be deemed as an act of misconduct, for which the Disciplinary Policy may be applied.

6. Rearranging a Welfare Meeting

Colleagues should make every effort to attend any scheduled Welfare Meetings. However, if they or their chosen companion are unable to attend, the colleague should notify their manager as soon as possible.

If a colleague’s companion is unable to attend a Welfare Meeting, the manager can either proceed with the meeting if not doing so would cause undue delay, or reschedule the meeting to an alternate date.

If a colleague is unable to attend a Welfare Meeting, the meeting will be rearranged, and the details of the rearranged meeting will be confirmed in writing. However, if a colleague fails to attend a Welfare Meeting without any prior notification, the meeting will still be rearranged but any entitlement to CSP may be suspended until the colleague attends the rearranged Welfare Meeting.

If a colleague fails to attend a rearranged Welfare Meeting without good reason, the manager will consider whether the matter needs to be dealt with under the Company’s Disciplinary Policy.

Any rescheduled meetings will usually take place within a week of the original meeting date.

7. At the First Welfare Meeting

The Welfare Meeting is an opportunity for the colleague and their manager to discuss:

• The reason(s) for the colleague’s absence, how they are progressing and how long the absence is likely to last.
• Any medical information, including appointments that are scheduled or test results received.
• Whether any adjustments could be made to enable the colleague to return to work.
• Whether it is likely that the colleague will be able to return to their role.

As part of the meeting, the manager may also recommend that the colleague be referred to Occupational Health, if appropriate. The purpose of an Occupational Health referral is so that the manager can understand more about the colleague’s condition and reason for their absence, and if there is any further support the manager can provide to facilitate the return to work, including the consideration of reasonable adjustments.

Colleagues must provide consent in order to be referred to Occupational Health for an assessment. However, although consent is required colleagues are reminded of their contractual obligation to take all reasonable steps to expedite a return to work, including a referral to Occupational Health when offered. Failure to do so may result in a colleague’s entitlement to Company Sick Pay being affected.

Managers wishing to make an Occupational Health referral should contact MyER for further advice.

8. Further Welfare Meetings

Where colleagues remain on a period of long-term sickness absence, we will hold regular Welfare Meetings with them, as well as keeping in regular contact, to keep up to date on how their condition is progressing.

If an Occupational Health referral hasn’t already been made, this should be arranged as soon as reasonably possible, rather than allowing the colleague’s absence to continue without.

Although there are no set timescales or frequency for Welfare Meetings to take place, and the frequency should be agreed between the colleague and manager based on the individual circumstances, OCS best practice would recommend that formal welfare meetings take place every four (4) weeks. It will, however, be appropriate for managers to arrange more Welfare Meetings as the colleague’s absence progresses (for example, upon receipt of an Occupational Health report, or after a colleague has attended a GP appointment).

Further Welfare Meetings will be arranged as per the process outlined in Section 5; however, managers should use a different template letter when inviting colleagues to further Welfare Meetings, which can be obtained from MyER.

If a colleague unreasonably refuses or fails to attend any further Welfare Meetings, any entitlement to Company Sick Pay (CSP) may be suspended until the colleague attends a Welfare Meeting, and the matter may be deemed as an act of misconduct, for which the Disciplinary Policy may be applied. 

9. Outcomes of Welfare Meetings

The outcome of a Welfare Meeting will vary dependent upon the circumstances of each case, but should always be with the aim of supporting the colleague’s recovery, if possible. Some common outcomes are as follows:

9.1 Occupational Health

Managers may choose to refer the colleague to Occupational Health for advice on the colleague’s condition and reason for their absence, and to gain medical advice on whether there is any further support the manager can provide to expedite or facilitate a return to work, including reasonable adjustments. A colleague may be referred to Occupational Health on more than one occasion, and it may be appropriate for a referral to take place after a significant development update in the colleague’s absence (for example, if they have had a change in medication, have had surgery, or have recently attended an appointment with a specialist).

9.2 Phased Return

If a colleague is able to return to work, a phased return may be recommended. Additional detail regarding phased returns can be found in the Sickness Absence Policy.

9.3 Reasonable Adjustments

We may be able to adjust a colleague’s role or working arrangements to help them return to work, depending on the nature of their condition and the role they are employed in. These adjustments may be temporary or permanent, and the most common types of adjustments are:

• Reduced days or hours of work.
• Restricted duties.
• Redeployment into an alternate role.

Managers will discuss adjustments with colleagues, and will refer to any recommendations made in the Occupational Health report.

If an adjustment is considered to be unreasonable, a manager may decide not to implement it.

Managers can contact MyER for further advice.

9.4 Temporary Redeployment

If medical evidence (e.g. a report from Occupational Health) suggests that a colleague is unable to carry out their current role, even after all reasonable adjustments have been considered, but that they may be able to carry out another role, managers will discuss possible redeployment with them.

Redeployment is only applicable if suitable, alternative roles are available for the colleague to perform. Colleagues must also consent to being redeployed – the Company will not redeploy a colleague unilaterally.

9.5 Ill-Health Retirement

Depending on the colleague’s pension scheme, they may be entitled to retire from work early on the grounds of ill-health. Managers should contact MyER to discuss whether the colleague may be eligible for ill-health retirement. MyER will liaise with the Pensions team to determine if a colleague’s pension scheme entitles them to ill-health retirement. If eligible, MyER will advise on the process to follow.

9.6 Medical Capability

If, after considering all of the options above, it is unlikely that a colleague will be able to return to work, or that a return will not be possible within a reasonable timescale, their manager may consider dismissing the colleague on the grounds of medical capability. Further details about this process can be found below.

If medical capability is being considered, managers should contact MyER for further advice.

10. Medical Capability

Where a colleague is considered to be incapable of performing their role effectively, either due to prolonged or intermittent sickness absence, and it is unlikely that they will be able to return to work or perform their role effectively within a reasonable timescale, their manager may consider ending the colleague’s employment on the grounds of ill-health.

Medical capability should only be considered after all other reasonable options have been exhausted. Therefore, this should only ever be a last resort.

The two primary reasons for considering medical capability are:

• If a colleague is on a period of long-term sickness that is having an impact on the business (i.e. they are in a key role, or their absence has been for a prolonged duration) and there is reasonable evidence to suggest that they will be unable to return to work within a reasonable timescale.
• If a colleague suffers from intermittent absences that are having an impact on their ability to provide a consistent service. For example, a colleague who frequently incurs long-term periods of sickness for the same or different medical reasons.

The Medical Capability process will usually consist of two meetings – one to review all possibilities of returning a colleague to work or providing an efficient service in the future, and a second to reach a decision on the colleague’s employment. However, depending on the nature of a colleague’s absence, there may be more than two Medical Capability Hearings required.

If medical capability is being considered, managers should contact MyER for further advice.

11. Arranging a Medical Capability Hearing

To commence a medical capability process, the colleague will be invited to a Medical Capability Hearing.

The hearing will only be arranged if:

• All relevant medical information has been gathered (where possible).
• All reasonable alternatives, such as adjustments, phased return plans, redeployment options and ill-health retirement, have been considered.

The manager will send the colleague an invitation letter (a template is available from MyER), giving the colleague at least 48 hours’ notice of the meeting, and be provided with any documentation to be referred to during the meeting in advance (for example, Occupational Health reports). The invite letter will let the colleague know that the meeting will consider the colleague’s ongoing employment, and that their employment may be terminated on the grounds of medical capability.

The colleague may be accompanied at the meeting by an OCS work colleague or a Trade Union representative. Although it is the colleague’s responsibility to arrange their own representation, managers may wish to assist colleagues in doing so if they are unable to do so themselves. Also, if requested by the colleague and/or deemed appropriate, managers may allow a friend or family member to accompany the colleague for additional support.

The meeting will usually be arranged to take place at the colleague’s workplace, however if the colleague is unable to attend, they can ask for the meeting to be carried out elsewhere (for example, in a neutral location, an alternate site, or at their home). Alternatively, the meeting may be conducted via telephone call or Microsoft Teams call.

Managers should arrange for an independent note-taker to accompany them to a Medical Capability Hearing, particularly if the meeting is taking place at a colleague’s home. The note-taker will capture detailed notes of what is discussed, and, at the end of the meeting, a copy will be provided for the colleague to review and sign to ensure that they accurately reflect the key points that have been discussed.

Ahead of the medical capability meeting the MyER Team will contact the Employability team to see if there are any non-profit organisations we can recommend for any assistance for your employee. Support offered through our partners could include seeking alternative employment suited for the colleague’s disability or any benefits/ financial aid they may be entitled to. For further information please contact MyER.

12. First Medical Capability Hearing

The purpose of this meeting is for the manager to consider all relevant medical information that has been gathered during the colleague’s period of absence, and to reconsider any possibility for reasonable adjustments, a phased return and redeployment. Although these options may have already been considered earlier in the Long-Term Sickness Process, it is important for managers to revisit them as there may have been developments in the colleague’s condition or changes in the business that will allow for them to be accommodated. For example, a fresh redeployment search may provide newly-available roles for the colleague to be deployed into.

It is important that any reasonable adjustments be accommodated, or a fresh redeployment search be conducted, prior to considering a colleague’s dismissal. When performing a redeployment search, managers should confirm the colleague’s preferences regarding alternative roles, in conjunction with any medical information to support them, and agree an appropriate timeframe for the search to take place. A second Medical Capability Hearing will then take place at the end of the search.

If there is no likely return within a reasonable timeframe, there are no viable alternatives identified during the first meeting, including reasonable adjustments or a phased return (either because none are available or because the colleague has declined them), and the colleague has declined the option of redeployment, the manager must still conduct a second Medical Capability Hearing before considering ending the colleague’s employment on the grounds of medical capability. This is to allow the manager time to consider whether any other options are viable and, if relevant, provide an opportunity for the colleague to consider any adjustments or redeployment opportunities offered to them.

13. Second Medical Capability Hearing

Prior to the second meeting, the manager will consider all of the items discussed at the first meeting and explore any new alternatives that were identified.

At the meeting, the manager will review the outputs of the previous meeting and consider whether a colleague’s employment can be maintained. If there is still no likely return within a reasonable timeframe and there are no viable alternatives to allow a return (either because none are available or the colleague has declined them), the manager can consider dismissing the colleague on the grounds of medical capability.

If the colleague is dismissed, this can be with contractual notice to allow for a continued job search to be performed, or pay in lieu of notice if preferred. Notice will always be with full pay, even if the colleague has exhausted their entitlement to sick pay. If paid in lieu, the colleague will also be paid in lieu of any accrued but untaken annual leave.

The decision will be confirmed to the colleague in writing. The letter will also include the details of how to appeal, should the colleague wish to.

14. Appeals

The colleague has the right to appeal the decision taken at a Medical Capability Hearing, and should do so by setting out their grounds of appeal in writing, as detailed in their outcome letter.

Once an appeal has been received from a colleague, their appeal will be acknowledged in writing.

Appeal letters that do not contain grounds of appeal may be rejected, and further information may be required from the colleague before an Appeal Hearing will be arranged.

15. Appeal Hearing

An independent manager who has not previously been involved in the case will be appointed to hear the appeal.

The colleague will be invited to the Appeal Hearing in writing, and will be given at least 48 hours’ notice to attend. Appeal Hearings will be arranged as soon as possible following receipt of the colleague’s appeal letter.

The meeting will usually be arranged to take place at the colleague’s workplace. However, if the colleague is unable to attend, they can ask for the meeting to be carried out elsewhere (for example, at a neutral location, an alternate site, or at their home). Alternatively, the meeting may be conducted via telephone call or Microsoft Teams call.

Managers should arrange for an independent note-taker to accompany them to an Appeal Hearing, particularly if the meeting is taking place at a colleague’s home.

The colleague may be accompanied at the meeting by an OCS work colleague or a Trade Union representative. If requested by the colleague and/or appropriate, it may be agreeable for a friend or family member to accompany the colleague for support.

At the appeal hearing, the colleague will be asked to explain the reasons for their appeal and why they feel the original outcome was not appropriate. The manager will adjourn the meeting to consider the colleague’s grounds of appeal, including any new evidence provided, before reaching a decision.

16. Rearranging an Appeal Hearing

Colleagues should make every effort to attend any scheduled Appeal Hearings. However, if they or their chosen representative are unable to attend, the colleague should notify their manager as soon as possible.

If a colleague is unable to attend an Appeal Hearing, or fails to attend without any prior notification, the meeting will be rearranged to provide a further opportunity for the colleague to attend, and the details of the rearranged meeting will be confirmed in writing. Any rescheduled meetings will usually take place within a week of the original meeting date.

If a colleague fails to attend a rearranged Appeal Hearing, provided that sufficient information has been provided in their appeal letter, a decision will be reached in their absence and on the basis of the evidence available, unless there are exceptional circumstances. If sufficient information is not available, their appeal will be considered to be withdrawn and no further action will be taken.

If the colleague is unable to attend the venue of the Appeal Hearing due to a disability or other justifiable reason, the manager will consider reasonable adjustments to allow the colleague to particulate. For example, conducting the meeting by video conference, allowing the colleague’s representative to attend on their behalf, or allowing the colleague to submit a written statement to be considered in their absence.

17. Appeal Outcomes

Following the adjournment of the Appeal Hearing, the appeal manager will consider the grounds of the colleague’s appeal, including any additional information available and any evidence provided by the colleague, and will decide the outcome.

The possible outcomes available to the appeal manager are:

• To uphold the appeal, meaning that they agree with all of the colleague’s points and will overturn the original decision.
• To partially uphold the appeal, meaning that they agree with some of the colleague’s points, and may overturn the original decision if they consider it appropriate.
• To not uphold the appeal, meaning that they disagree with all of the colleague’s points and the original decision will remain unaffected.

This decision will be confirmed to the colleague in writing, and marks the end of the appeal process.

18. Terminal Illness

If a colleague has been informed that they have a terminal illness, they should notify their manager so that the appropriate support can be provided.

At OCS, we will usually keep a terminally ill colleague employed, where they wish to remain employed, even in circumstances where they are no longer entitled to sick pay and there is little chance of them returning to work.

Managers should remain in contact with the colleague to offer support. However, it may not be appropriate to follow the usual process set out in this document or to refer the colleague to Occupational Health.

Colleagues with a terminal illness should still provide Fit Notes for any period that they are absent from work in the usual manner.

If a manager is notified that a colleague has a terminal illness, they should contact MyER for further advice.

19. Supporting Documents

This process should be reviewed in conjunction with the Company Sickness Absence Policy.
Managers can access template letters and forms via the HR Intranet pages or by contacting MyER.

20. Further Support

Colleagues should speak to their manager if they have any questions about this Policy.

If colleagues require additional support or feel that they are unable to discuss their concerns with their manager, they can contact OCS’ Employee Assistance Programme (EAP) that provides entirely confidential advice and support to all OCS colleagues and is available 24/7.

Should managers need any advice regarding this Policy or require any template letters to correspond with colleagues in relation to this Policy, they are able to contact the MyER team.