Absence Policy

 

INTRODUCTION

The main focuses of the policy are –

  • To provide a supportive environment for all employees affected by ill health.
  • To encourage and develop a positive attitude towards attendance at work to ensure that we are able to deliver our best.
  • To provide clear instructions to all employees on absence reporting procedures to reduce the impact on the business.
  • To provide an effective procedure for managing employee non-attendance.

This procedure is not contractual but is intended as a statement of current Group policy and its commitment to operate a fair procedure, taking into account statutory and other guidelines.  The Group therefore reserves the right to amend this procedure as necessary to meet any changing requirements or where it is appropriate in any particular case.

For the purpose of this policy; parts of a day or days where you do not attend work and are contractually obliged or otherwise (such as pre-agreed overtime) to do so, will be classed as absence. This does not include any authorised absence, examples given below:

  • Absence either paid or unpaid, that you have previously agreed with your Manager, provided it is for no longer than the agreed time.
  • Emergency time off for dependents – these are exceptional circumstances of short duration, normally
  • Jury Service
  • Compassionate leave
  • Authorised absence due to antenatal classes, doctors, dental, optical, hospital appointments. These must be supported by an appropriate appointment card. See Medical Appointments section.
  • Antenatal appointments which are or protected under the Equality Act 2010, will normally be fully paid.
  • Absence due to illness caused by pregnancy supported by a doctor’s certificate is regarded as authorised absence and will be monitored, but will not normally be regarded as contributory to the absence procedure, however the correct notification procedure must still be followed.

Failure to comply with this policy may lead to disciplinary action being taken. 

TYPES OF ABSENCE

Unauthorised Absence
Absence that has not been previously approved in writing by your Manager and/or absence that is not notified by means of the correct notification procedure or supported by the required certification will be classified as unauthorised absence.

Any unauthorised absence may result in disciplinary action, including where appropriate, dismissal. Unauthorised Absence will be dealt with as a matter of conduct in accordance with Disciplinary procedure. Any periods of unauthorised absence will be unpaid.

Certified Absence
This is absence, which is supported by a Self-Certification form and/or if it is in excess of seven calendar days, supported by a Doctor’s fit note certificate.

Long-Term Absence
Long-term absence is defined as any certified absence, due to the same or related ill health problem, exceeding 4 weeks, or a recurring condition with an established pattern covering an equivalent period of absence within a 6-month period. 

YOUR RESPONSIBILITIES 
As an employee if you are unable to attend work, it is your responsibility to adhere to the policy. Your responsibilities are set out below:

  • You must notify your line manager and/or absence reporting line (at your place of work) at the earliest opportunity. Please check with your HR team additional ways of reporting at your site.
  • It is not appropriate to inform your line manager via email or text message
  • It must be you who telephones your manager, unless in exceptional circumstances.
  • Whilst you are absent you must keep your line manager regularly informed and wherever possible inform them of your likely return to work date
  • For any absence less than 7 days you must complete a Self-Certificate form
  • Any absence over 7 days must be covered by a doctor’s fit note.
  • Original doctor’s fit notes must be produced at all times.

Telling Us…
When reporting an absence, the following details must be provided:

  • The nature of your illness or injury;
  • The expected length of your absence from work;
  • Contact details; and
  • Any outstanding or urgent work that requires attention.

Absence for less than 7 days (short-term absence)
When an absence lasts under 7 days, you should contact your line manager every day.

Absence for more than 7 days
When an absence lasts more than 7 days, you should agree contact arrangements with your line manager, which will usually be once a week, advising them on the progress of your recovery and when you expect to return to work.  Failure to make sufficient contact with your manager during your absence may result in disciplinary action.

On your immediate return to work you must report to your line manager. You will complete the self-certification form (supported by a valid doctor’s fit note for absences of over 7 calendar days).  Your manager will also conduct a return to work review with you.  See Section: Return to Work.

Frequent Absences
Your manager will record all periods of absence and reports will be produced to assist in the monitoring of absence levels, and where necessary, take action under guidance from HR.

DISCIPLINARY ACTION FOR ABSENCE
We understand that unfortunately at times people are unable to attend work.  However, in order to ensure that daily business remains uninterrupted , where absence is found to be lengthy, frequent or following a consistent pattern, and where no valid reason for the absence is given, disciplinary action, which may lead to dismissal, may be initiated if;

  • Absence exceeds 3 separate occasions in a rolling 6-month period
  • The absences follow a specific pattern e.g. Mondays and Fridays
  • It lasts for a consecutive period of more than 4 weeks

Further action may include:

  • discussion of actions to improve attendance levels
  • requesting your consent for a health assessment or medical report to be obtained (with guidance from HR)
  • disciplinary action up to and including dismissal in progressive stages as follows:
    • absence on 3 occasions in a rolling 6-month period may lead to a formal Oral Warning
    • absence on 4 occasions in a rolling 6-month period may lead to a formal Written Warning
    • absence on 5 occasions in a rolling 6-month period may lead to a formal Final Written Warning
    • absence on 6 occasions in a rolling 6-month period may lead to dismissal

 

All cases will be treated on their own merits and disciplinary action is not automatic.

DEALING WITH ABSENCE

Absences over 4 weeks (long-term absence)
It is recognised that employees may be on long term absence for a number of reasons such as illness, injury, a medical condition or a long-term disability and therefore each case shall be considered on an individual basis with fairness and sensitivity.

Continuous absence in excess of 4 weeks or more will be treated as long term absence. Once the employee’s absence goes over the 4-week period HR will be notified

Where there is occupational health on site you may be asked to undergo a review with them.

HR may also contact you for your consent to contact your GP. This will be in order to gain access to your medical record if required. You have the right to see the medical report before your doctor sends it to us.

For any report received from either OH or your GP, in relation to the reason for your absence, your health and your likely return to work date. With your agreement we may discuss the contents of the report with the relevant professional / practitioner.  Failure to give consent without good reason may amount to misconduct and lead to disciplinary action.

Medical examinations
The Company reserves the right to require you to undergo a medical examination at any time by a doctor or doctors appointed by the Company or other medical advisor. Failure to attend such prearranged appointments may be considered a conduct issue and lead to disciplinary action. If you refuse to attend an appointment arranged by the company or a review of your case any decisions regarding your employment will be made on the basis of the information available at the time. Your manager will not insist that a report is obtained but will make clear that if you decline consent for a medical report to be obtained, the Company will make a decision based on the information available. 

Review Meetings
Once a medical report has been received, a follow-up meeting will be arranged to review and receive an update on your absence. Depending on the circumstances surrounding the absence, you may be required to undergo a medical examination with a medical practitioner appointed by the Company (in accordance with the Company’s terms of employment).

The manager holding the meeting will:

  • Receive an update on your absence and any medical appointments attended along with establishing if any treatment or medical appointments are outstanding.
  • Discuss the potential return to work date
  • Consider alternative job roles (where appropriate)
  • Consider whether any reasonable adjustments could be made to your job role

Depending on the outcome of this meeting, further review meetings may be held to discuss a change to your role or whether a move is possible to enable you to return to work.

You are expected to cooperate in the management of your sickness absence. This expectation extends to making all reasonable efforts to attend review meetings and/or medical appointments. Should you be unable to attend you should contact your manager immediately in order for such meetings to be rescheduled or so that they can make any reasonable adjustments to enable you to attend.

Return to Work
Prior to returning to a production area, you will be required to complete a Food Handlers Fit to Work Declaration and during the course of the first shift back at work you will attend a return to work interview with your Line Manager to discuss the period of non-attendance.

The intention at this meeting is for the Company to gather as much information as possible about the reasons for your non-attendance and to ensure that you are fit to return to work. During the meeting the “Return to Work Form” will be completed.

Your attendance record (and any relevant disciplinary records), will be collated by the Line Manager prior to the return to work interview and the reasons for the absence and any related circumstances will be discussed with you during the meeting.

During this meeting you will be given an opportunity to raise any temporary or permanent difficulties you may experience with your duties in view of your recent absence and consideration will then be given to whether reasonable adjustments to your role may be accommodated.  In addition, it gives your manager an opportunity to determine if you have followed the correct notification procedure or if there is any further action to be taken in respect of your levels or patterns of absence.

Employees may be referred to the Occupational Health Department, and where domestic, personal or medical issues are identified, the provision of medical and/or other assistance will be considered where appropriate.

Disability
We recognise that sickness absence may result from a disability.  In these circumstances, we will give particular consideration to whether there are reasonable adjustments that we could make to the requirements of a job or other aspects of your working arrangements that will provide support at work and/or assist a return to work.

 

Final Meeting – 28 weeks of absence
If you have not returned after 28 weeks or more, and where there is no improvement in your health and/or there is no possibility of you returning to work in the foreseeable future, a final formal disciplinary meeting will be set up with you, a manager, and HR to consider your capability for continued employment.  At this meeting, you will have the right to accompanied by either a work colleague or a trade union representative.

Possible outcomes could be:

  • Reasonable adjustments to job role
  • Alternative job roles (where appropriate)
  • Termination of employment on capability grounds.

SICK PAY

Sick Pay

  • Statutory Sick Pay (SSP)
    SSP is paid from the fourth day of absence through ill health, provided you meet the criteria to qualify, including a level of average earnings specified by the Government and the notification and evidence procedures above.

    SSP is paid for a maximum of 28 weeks and is paid to you in the same way as your wages/salary, subject to tax and National Insurance deductions.

    Please check for current rates of SSP at https://www.gov.uk/employers-sick-pay/entitlement
  • Company Sick Pay
    Please refer to your contract/offer letter for eligibility to Company Sick Pay.

    Following an investigation, The Company reserves the right to refuse payment of Company Sick Pay in the following circumstances:
  • Should you fail to comply with the notification and evidence procedures above.
  • Should you persistently fail to attend medical appointments arranged for you.
  • When, in the Company’s sole opinion, you have a record of persistent absence.
  • Following an investigation, the Company is not satisfied that your absence was for a genuine and acceptable reason related to your health.

    A medical certificate will be accepted as evidence of your incapacity for work unless there is evidence that indicates you are capable of performing duties which might reasonably be required under your contract of employment.

    The Company may, at its sole discretion, extend the maximum period of Company Sick Pay. Any such extension must be authorised in writing by a Director of the Company.

GENERAL RULES REGARDING ABSENCE

Conduct whilst off work
Whilst unable to attend work, you will be expected to behave in a manner that will assist your recovery and return to work.  You should not engage in any activity (paid or unpaid) which may hinder your recovery, nor should you commence employment with any other employer during your absence irrespective of whether or not you are receiving sick pay.  If you have more than one job you should seek appropriate advice.

Should your conduct, in the reasonable opinion of the Company, be prejudicial to your recovery, appropriate action may be taken whereby sick pay may be withheld.

Sickness during Suspension
If you are absent during a period of suspension you will be considered as being on Sick Leave for the period of self-certification or the period you have been signed off by your doctor.  In this situation you will be paid Statutory or Company Sick Pay if applicable to your circumstances in line with the guidelines on sick pay defined in the Company handbook.

Sickness during Holiday
If you are sick or injured during a holiday period and would have been incapable of work, you may choose to treat the period of incapacity as sick leave and reclaim the affected days of holiday.

Employees already on sick leave before a pre-arranged period of holiday may choose to cancel any days of holiday that coincide with the period of incapacity and treat them as sick leave. 

Relevant sick pay will only be paid for such days if you comply with this Absence Policy, including notifying your manager immediately of your incapacity and obtaining medical evidence, even if you are abroad

Dishonest claims or other abuse of this policy will be treated as misconduct under our disciplinary procedure.

Food Hygiene Regulations
If you work in a food production area and are suffering / have suffered from vomiting and/or diarrhoea or any other gastro-intestinal problems, you will be restricted from returning to work until you have been clear of all symptoms for at least 48 hrs (for further clarification please refer to attached food handler’s declaration).

Illness at Work
If you fall ill at work you must report your symptoms to a Line Manager or First Aider. If it is felt your illness may present a risk to product safety you will be asked to leave site immediately. Sick Pay will be made in accordance with statutory and contractual guidelines.

Medical appointments 
Whilst you will be given reasonable and appropriate time off to attend Medical or Dental appointments, such appointments should, wherever possible be arranged on days off.

If this is not possible the appointment should be arranged at the start or end of the day so as to cause the least disruption to the smooth running of the business. Managers reserve the right to request sight of any medical appointment cards made by you during your normal working hours.

Conflict of Interest
In the event that you are absent and for which we believe is as a result of carrying out a second role, that you have not disclosed to us, we reserve the right to withhold Company Sick Pay.

December 2022