Persistent (Short Term) Sickness Absence Process

1. Introduction

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

2. Sickness Absence Trigger Points

The Sickness Absence Policy identifies the absence trigger in place to help OCS manage the impact that short-term absence has on our business. The trigger is:

• A total of 2 occasions in a rolling 3 month period, or;
• A total of 8 days or more absence in a rolling 12 month period.

* a rolling period is the time frame immediately before and including the first day of a period of sickness absence.

If a colleague has an absence level which is close to a trigger point then managers may, at their discretion, invite the colleague to an Informal Absence Review Meeting to discuss their levels of absence and see if there are ways to help them improve, as explained in Section 3, or the manager may decide to progress to a formal Absence Review meeting and commence the formal Short-Term Sickness Absence process as explained in Section 4.

If a colleague reaches the absence trigger, their manager will speak to them about it during their return to work meeting and explain that they will be invited to a First Absence Review Meeting to talk about their level of absence.

For clarity, absences that are related to pregnancy will not count toward an absence trigger. However, managers may request evidence of absences being related to pregnancy if they are persistent or intermittent. Additionally, if a colleague is incurring periods of sickness absence as a result of pregnancy within 4 weeks of their Maternity Leave start date, their manager may consider starting the colleague’s Maternity Leave early. Advice on this can be sought from the MyER team.

If a colleague is within their probationary period at the time of breaching an absence trigger, their manager may consider addressing the concern by conducting a Probationary Review Meeting, rather than an Absence Review Meeting. The purpose of the meeting will be similar, but the manager can consider extending or failing the colleague’s probation, rather than issuing an Absence Warning.

If a colleague incurs a period of sickness absence whilst on an active absence warning, they may be asked to attend a further Absence Review Meeting so that their manager can discuss their absence levels with them and review whether things have improved since the warning was issued.

3. Informal Absence Review Meeting

If a colleague has an absence level which is close to a trigger point, they may be invited to an Informal Absence Review Meeting by their manager to discuss their levels of absence.
The purpose of this meeting is for the manager to discuss the colleague’s level of absence with them, as well as querying whether there is anything that can be accommodated to improve the colleague’s attendance at work, and informing the colleague that a further period of absence may breach an absence trigger.

As this meeting is informal, there is no requirement for a formal, written invitation, nor is the colleague entitled to be represented at the meeting. It is, however, recommended that the manager makes notes of the discussion.

4. First Absence Review Meeting

If a colleague breaches an absence trigger, they will be invited to a First Absence Review Meeting to talk about their levels of absence. The colleague will be invited to the meeting in writing and with a least 48 hours’ notice, and be provided with any documentation to be referred to during the meeting in advance (for example, Return to Work forms). 

The colleague has the right to be accompanied at the Absence Review Meeting by either a Trade Union Representative or an OCS colleague. It is the colleague’s responsibility to arrange their own representation, and they should let their manager know in advance of the meeting if they will be accompanied.

Prior to the Absence Review Meeting taking place, the manager should review all of the information they have regarding the colleague’s absences, including Return to Work forms, Self-Certification forms, Fit Notes, Occupational Health reports or other medical reports.

If a Return-to-Work form is missing for a relevant period of absence, the manager can still proceed with an Absence Review Meeting but must obtain the reason for the relevant period(s) of absence from the colleague during the meeting.

At the meeting, the manager will discuss the concerns regarding the colleague’s level of absence. The manager will ask the colleague to discuss their absences, and to advise if there are any factors contributing to them, such as workplace issues or an underlying medical condition.

If a colleague’s absences are all related to each other, or are a result of an underlying medical condition, the manager should refer the colleague to Occupational Health prior to issuing any warnings. This is to identify whether the colleague suffers from a medical disability and, if so, what the expected level of absence the colleague would incur in the future will be as a result of their underlying medical condition.

The manager may then consider adjusting the absence triggers as a reasonable adjustment if they are able to accommodate the colleague’s predicted level of future absence; however, managers should seek further advice from MyER.

Additionally, the manager may decide to refer the colleague to Occupational Health for further medical advice and, where appropriate, may discuss any possible adjustments that may help the colleague improve their attendance.

A note taker must be present at the meeting to capture detailed notes of what is discussed. 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 discussed at the meeting.

The manager will adjourn the meeting to consider any mitigation provided by the colleague before reaching their decision.

In situations where a colleague has also failed to follow the Absence Reporting Procedure, although this would ordinarily be managed under the Disciplinary Procedure, both matters can be discussed during the same Absence Review Meeting. This may still require two separate sanctions to be issued, so managers should contact MyER for advice.

5. Rearranging an Absence Review Meeting

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

If a colleague’s chosen representative is unable to attend an Absence Review Meeting, they are entitled to have the meeting postponed by up to one week to allow their representative an opportunity to attend. If their representative is unavailable to attend within one week of the original meeting date, the meeting will not need to be postponed and can instead proceed as originally planned, with the colleague attending with an alternate representative, or without. However, managers can postpone the meeting beyond one week if they would prefer to do so.

If a colleague is unable to attend an Absence Review Meeting, or fails to attend without any prior notification, the meeting will be rearranged to provide a further opportunity 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 Absence Review Meeting, a decision will be reached in their absence and on the basis of the evidence available, unless there are exceptional circumstances.

If a 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.

6. Outcomes of an Absence Review Meeting

Following the adjournment of the meeting, the manager will consider the evidence available, and any mitigation provided by the colleague, before deciding whether or not to issue the colleague with a First Absence Warning.

Managers should ensure that they fully consider all relevant information and mitigation with regards to the colleague’s absence, including the colleague’s previous absence record.

If an Absence Warning is issued, this will be confirmed to the colleague in writing, along with a copy of the meeting notes from the Absence Review Meeting. The letter will detail the improvement required of the colleague in respect of their absence levels and will remain live for a period of 12 months. The letter will also include the details of how to appeal, should the colleague wish to.

If the manager concludes that no further action should be taken, the colleague will receive a letter confirming this and explaining that the matter is now closed. If reasonable adjustments have been agreed, these will also be documented in the letter.

7. Second Absence Review Meeting

If a colleague is already on a live First Absence Warning and they have a further period of sickness absence, the colleague will be invited to a second Absence Review Meeting to discuss their absence levels. The employee will not need to have hit a further trigger point to be invited to a second Absence Review Meeting. The meeting will follow the same process as detailed in Section 4 of this policy.
Managers should ensure that they fully consider all relevant information, including any mitigation provided by the colleague, with regard to the colleague’s absences. Managers should use their discretion to identify whether the colleague’s attendance has improved, or whether it would warrant a further warning being issued.

If, following the Absence Review Meeting, and consideration of all of the evidence, the manager concludes that a colleague’s absence levels have not improved, the manager may decide to issue a Final Absence Warning, which will be live for 12 months. This will be confirmed to the colleague in writing, along with a copy of the meeting notes from the second Absence Review Meeting. The letter will also include the details of how to appeal, should the colleague wish to.

Where a colleague’s absence has shown significant improvement, managers at their discretion may choose to extend a live warning up to a maximum of 12 months instead of issuing a further sanction.

Managers should discuss the case with MyER for further guidance.

8. Third Absence Review Meeting

If a colleague is already on a live Final Absence Warning and they have a further period of sickness absence, the colleague will be invited to a third Absence Review Meeting. The meeting will follow the same process as detailed in Section 4 of this Policy. The invite letter for a Third Absence Review Meeting will advise the colleague that the outcome of the meeting could be up to, and including, dismissal with notice.

Therefore, if a colleague’s absence levels have not improved, the manager may decide to dismiss the colleague.

Managers should ensure that they fully consider all relevant information, including any mitigation provided by the colleague, with regard to the colleague’s absences. Managers should use their discretion to identify whether the colleague’s attendance has improved, or whether it would warrant dismissal.

If dismissal is being considered, managers must discuss the case with MyER before delivering an outcome.

The colleague will be notified of the outcome in writing and the letter will include the details of how to appeal, should the colleague wish to.

If the manager concludes that no further action should be taken, the colleague will receive a letter confirming this. However, the colleague’s previous Absence Warning will still remain live if its 12-month duration has not yet expired.

9. Appeal

Colleagues can appeal against an Absence Warning or dismissal if they believe that the sanction was unjustified. If they wish to do so, there will be instructions on how to appeal in their outcome letter – colleagues should follow these instructions and put their appeal in writing, confirming their specific grounds of appeal.

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.

10. Appeal Hearing

An Appeal Hearing will be arranged with a suitable independent manager who has not previously been involved in the case.

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 colleague has the right to be accompanied at the Appeal Hearing by either a Trade Union Representative or an OCS colleague. It is the colleague’s responsibility to arrange their own representation, and they should let the appeal manager know in advance of the meeting if they will be accompanied.

At the Appeal Hearing, the colleague will be asked to explain the reasons for their appeal in detail, along with any supporting evidence, and why they feel the original outcome wasn’t appropriate. The appeal manager may adjourn the meeting, if necessary, to carry out further investigation as required.

A note-taker must be present at the meeting to capture detailed notes of what is discussed. 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 discussed at the meeting.

The manager will adjourn the meeting to consider the colleague’s grounds of appeal, including any new evidence provided, before reaching a decision.

11. 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 the appeal manager as soon as possible.

If a colleague’s chosen representative is unable to attend an Appeal Hearing, they are entitled to have the meeting postponed by up to one week to allow their representative an opportunity to attend. If their representative is unavailable to attend within one week of the original meeting date, the meeting will not need to be postponed and can instead proceed as originally planned, with the colleague attending with an alternate representative, or without. However, managers can postpone the meeting beyond one week if they would prefer to do so.

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.

12. 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.

13. 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.

14. 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 the Process, or require any relevant template letters, they are able to contact the MyER team.