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20 September 2016
“At no time have I ever worked with a company
offering both HR and legal advice that have
been so professional, effective and efficient”
James Howarth, The Hathaway Academy
@BJEducationLaw
for news, legal updates, real
opinions and training:
https://www.linkedin.com/company
/education-advisory-&-hr-services
• 5.8 days per employee per year
• UK average salary £27,600
• approx 1.4 million school employees
• cost to education
£613,200,000
• give you confidence in dealing with
absence and a clear route to achieving a
resolution
@BJEducationLaw
• common causes of absence
• options to improve attendance
• obligations as an employer
• successfully managing absence to
secure a resolution
@BJEducationLaw
Short term
• minor illness
• musculoskeletal injuries
• back pain
• stress
@BJEducationLaw
Long term
• acute medical conditions
• stress
• musculoskeletal injuries
• mental ill health
• back pain
@BJEducationLaw
• non genuine illness
increased from 3% in 2014 to 14% in 2015
@BJEducationLaw
In your school is stress a problem?
@BJEducationLaw
• workload
• relationships
• management style
• organisational change
• non-work factors
• pressure to meet targets
• long hours
@BJEducationLaw
• staff surveys
• flexible working options
• risk assessments / audits
@BJEducationLaw
• anxiety
• depression
• other diagnosed conditions
@BJEducationLaw
is the most effective way to reduce
absence?
@BJEducationLaw
is the most effective way to reduce
absence?
1. Return to Work interviews
2. Restricting sick pay
3. Using a sickness absence procedure
@BJEducationLaw
is the most effective way to reduce
absence?
1. Return to Work interviews
2. Restricting sick pay
3. Using a sickness absence procedure
@BJEducationLaw
1. Yes
2. No
3. Don’t know
@BJEducationLaw
• clear policy
• good data
• capable and enabled line managers
@BJEducationLaw
• return to work interviews
• trigger mechanisms
• restricting sick pay
• other types of leave available
• taking medical advice
@BJEducationLaw
• flexible working
• changes to work patterns/environment
• attendance incentives
• wellbeing benefits
• stress counselling
@BJEducationLaw
• contract
• sickness scheme
• absence process
• fair
• consistent
• you can’t use triggers if the employee is off
with a disability
• you can’t contact an absent employee if
they are absent with stress
• you can’t hold sickness review meetings
until they have returned to work
• you can’t continue to manage the absence if
the employee raises a grievance
• attendance is not part of the Teachers’
Standards
• you must abide by the phased return
recommended by OH or GP
• you can’t dismiss someone if they have a
disability
• you can’t dismiss someone if they are
suffering from work related stress
• you must exhaust full or half pay before
dismissing
@BJEducationLaw
• managing employee to return to work
and sustain attendance
Or
• dismissing employee, where ‐ return is not possible
‐ return is not in a reasonable
timeframe
‐ attendance is not sustained
@BJEducationLaw
• capability (health)
• was it reasonable to dismiss for that
reason?
• is decision in the range of reasonable
responses?
@BJEducationLaw
• did the employee know what was
required of them?
• did the employer take steps to
improve the attendance?
@BJEducationLaw
• was the employee warned of the
consequences of the failure to
improve?
• was the employee given an
opportunity to improve with a
reasonable timescale?
@BJEducationLaw
• know, understand and use your process
• don’t be afraid to ask questions
• take medical advice where appropriate
• consider reasonable adjustments
@BJEducationLaw
• make sure that you put in place any
actions that you commit to
• make your expectations clear
• be clear on action if attendance does
not improve
• confirm in writing
• keep good records
• unlimited access to telephone or email
support
• access to a comprehensive range of
policies and guides
• named HR Consultants, who are an
extension of your team
“At no time have I ever worked with a
company offering both HR and legal advice
that have been so professional, effective
and efficient”
James Howarth, The Hathaway Academy
“At no time have I ever worked with a company
offering both HR and legal advice that have
been so professional, effective and efficient”
James Howarth, The Hathaway Academy
Vicky Berry | +44 (0)115 976 6285
