Absence monitoring/management procedures set out what should happen when someone is sick, including reporting requirements. These procedures also set out what will happen when absence levels have begun to cause concern to school management, which is the aspect most likely to cause concern to NEU members. In many cases, this will arise when a particular ‘trigger point’, in terms of number of periods of absence or total days’ absence over a set period, has been reached.
The NEU does not accept that widespread abuse of sick leave arrangements is taking place in schools and colleges, and does not, therefore, consider that there are good reasons for the introduction of absence monitoring procedures involving trigger points in these settings. In order to protect members the NEU will seek to ensure that the procedures used are agreed with the NEU and applied in a manner which supports our members through their periods of ill health rather than seeking to punish them for taking the time off that they need to recover.
It is advisable to familiarise yourself with the absence monitoring procedure in place in your school/college. By so doing, you will become aware of the reporting requirements in place when you are off sick, for example, you will know when a self-certificate or doctor’s note is required. You will also become familiar with the different stages of the procedure.
Informal stage
Most absence monitoring procedures include an informal stage whereby head teachers offer informal advice or counselling following concerns about a teacher’s attendance record. A timetable for improvement may be set out.
Formal stage
The formal stages of the procedure are likely to commence once a particular trigger point has been reached. A formal interview is likely to be held at which the reasons for the absence will be discussed and ways of assisting the teacher’s return to work will be explored. Any period of monitoring, which is established, and any date for a further review meeting, should be recorded in writing and a copy given to the teacher.
Further action
Absence monitoring procedures usually distinguish, in terms of the action to be taken following such interviews, between cases where employees are suspected of unjustified absence and cases where absence is accepted to be genuine, whether frequent intermittent absence or long-term absence.
Where an employee is suspected of unjustified absence (taking sick leave to go on a holiday for example), procedures will generally provide for action to be taken according to the terms of the disciplinary procedure. Where absence is accepted to be genuinely for reasons of sickness, procedures will usually provide for the employee’s absences to be monitored over a specified further period, and where necessary, for further medical evidence to be obtained. At this point there should also be a commitment from the employer to make any reasonable adjustments as recommended following a referral to Occupational Health. The purpose of the monitoring should always be to support the employee in returning to good health and not to be used as a punitive measure.
Following this, a further interview will usually be held to consider the case. In cases of long-term medical problems, the case should be dealt with under a separate procedure for long-term ill health cases. It should not be dealt with as a disciplinary matter.
Dismissal
Whatever procedure is used, there are a number of basic principles that should be observed:
Notice of formal interviews
You are entitled to adequate advance notice of any formal hearings. You should be provided with all relevant evidence well in advance of any hearing.
Representation
You should be entitled to be accompanied by a friend or union representative at any absence monitoring meetings. There is a statutory right to representation in any formal meeting. You should insist upon this right and contact your workplace rep for assistance as soon as you are placed on any monitoring procedures. Although there is no statutory right to representation during informal meetings you may request to be accompanied if you require support and this should not be unreasonably refused.
Appeals
You may appeal against a dismissal decision taken as part of the attendance management process.
You should, with the help of your rep or local NEU office, set out your appeal in writing, stating the full grounds of appeal. This should be sent to the Chair of the Local Governing Body within ten working days’ from receipt of the decision.
If you are unhappy about the way in which you are being treated during the informal or formal stage of the procedure you should consider invoking the grievance procedure with the help of your rep or regional NEU office.
Conduct of formal interviews
The senior leadership team (SLT) at your school/college should recognise that you might be unwilling to discuss personal details about your condition with a particular individual. You should not, for example, be afraid to request an interview with a senior member of staff of the same gender.
Support
The employer should be providing support by way of referral to Occupational Health and making any reasonable adjustments in accordance with their recommendations. Examples of things that an employer could do to help an employee on sick leave include phased returns on full pay, agreed flexible working arrangements, paid time off to attend medical appointments or adjustments to your working environment.
