Contacting HR

1-19 Torrington Place
9th and 10th Floors
London WC1E 7HB
Tel: +44 (0)20 7679 2000

Sickness Absence Policy

1 Purpose and Scope of the policy

1.1 This policy relates to all categories of UCL staff. It sets out procedures for reporting and recording sickness absence, and for managing short and long-term absence in a consistent and fair way across UCL. All arrangements for managing sickness absence are conducted in keeping with UCL's Equal Opportunities Policy Statement. Further guidance on sickness absence is provided in the Management Guidance on Sickness Absence, and Employee Guidance on Sickness Absence (see Section 9 for further details). Staff following the Sickness Absence Reporting Procedure in this policy are entitled to sick leave - see Conditions of Service for Research and Support Staff and Conditions of Service for Academic Staff.

1.2 Staff who are ill will be treated sympathetically and every effort will be made to assist recovery and safeguard employment whilst managing sickness absence in accordance with this Policy. It is recognised, however, that the loss of working days through repeated sickness absence can be a significant cost to UCL in terms of work not completed or the costs of arranging absence cover. Repeated sickness absence also places additional pressure on colleagues. The responsibility for monitoring and controlling sickness absence lies with the Head of Department and with those to whom the day-to-day supervision of staff is delegated, and this policy provides details of UCL's arrangements for managing absence due to sickness.

1.3 Members of the HR Consultancy Team are available to advise and assist managers in the application of this policy at any stage.

2 Key Principles in Managing Sickness Absence

3 Sickness Absence Reporting Procedures

3.1 A member of staff who is sick and cannot attend work should normally contact his/her manager (or the person designated for the purpose within the department) by telephone within 30 minutes of the time when s/he is expected to start work. Where no expected work start time exists staff must endeavour to contact their manager as early as possible on the first day of absence. Staff should not normally ask anyone else to make contact on their behalf unless it is not possible for them to do it. Staff with a flexible or irregular work pattern should make contact as early in the day as possible, if they are expected at work. Where departments have specific arrangements for reporting absences, these should be communicated to staff on a regular basis and must be observed by all staff.

3.2 When reporting absence from work due to sickness, staff will be asked to give as much of following information as possible:

3.3 Where a member of staff becomes ill while at work and feels too unwell to continue working, s/he must speak to his/her manager who will give permission for the individual to leave their work (either temporarily or for the day) and for him/her to seek medical advice where appropriate. Absence from work for part of a working day is not recorded as sickness absence but a note should be made of a part day absence and this may be taken into account when looking at patterns of absence.

3.4 Managers must be aware of UCL's accident reporting process, which can be found at: http://www.ucl.ac.uk/efd/safety_services_www/guidance/accidents/index.htm

Safety Services should be contacted for advice on accident reporting.

3.5 A member of staff who fails to follow the sickness absence procedures set out in this document may be subject to action under UCL's Disciplinary Procedure. Unauthorised absence is considered to be misconduct and will be considered in accordance with the Disciplinary Procedure. In exceptional circumstances, UCL reserves the right to withhold Occupational Sick Pay if an individual does not co-operate with reasonable requests from the HR Division, or does not comply with the requirements within this Policy.

4 Sickness Absence Recording and Monitoring Procedures

4.1 Heads of Departments are expected to:

4.2 Individuals are responsible for ensuring that they follow the correct certification procedures. For absences of between 1 and 7 consecutive calendar days a Sickness Absence Record Form (see Appendix A) must be completed and signed by the member of staff upon return to work. If the absence is likely to exceed 7 calendar days (including non-working days), the employee must obtain a Statement of Fitness for Work (Fit Note) from a GP to claim statutory sick pay for absences exceeding 7 calendar days. The original must be forwarded to his/her manager as soon as possible. If the absence continues, further fit notes must be provided for the whole period of absence for the purpose of statutory sick pay. Any period of absence not covered by a fit note will not be eligible for Statutory Sick Pay and UCL reserves the right to withhold Occupational Sick Pay.

4.3 The aim of the fit note is to allow greater flexibility in helping people who are on sick leave to get back to work. From 6 April 2010 the Fit Note replaces the 'sick note' issued by a GP. For the purposes of statutory sick pay, the fit note will advise the employee that they are either:

The 'may be fit for work' classification will be used where the doctor thinks that the employee may return to work with suitable adjustments to their work. There are tick boxes for doctors to suggest the most common adjustments to work i.e.

and space for the doctor to provide information on the functional effects of the employee's condition on work. See Appendix B. The GP's advice will be based upon the general condition, rather than being specific to the particular work environment and supplements rather than replaces occupational health advice. Serious consideration should be given to the fit note advice to assist in helping employees return to work and, if necessary, more detailed guidance can be sought from UCL OHS using the standard referral procedure. There is no obligation to take on board the GP's suggestions if they are not workable. Departments will endeavour to make reasonable adjustments to facilitate the employee's return to work. Where the department is unable to make the GP's suggested adjustments or other reasonable adjustments the employee must be provided with a written explanation setting out the reasons. Where the department cannot facilitate the GP's suggestions for workplace adjustments, the status of the fit note defaults to 'not fit for work'. There is no 'fit for work' option and GPs are not expected to certificate a person is 'fit for work'.

4.4 The UCL OHS may advise that a member of staff is fit to return to work in some capacity even though s/he has a fit note stating 'unfit for work' for Statutory Sick Pay purposes. The manager, in consultation with HR, will make a decision on the course of action to follow in such circumstances, based the advice provided by the UCL OHS. Any decision may affect entitlement to Occupational Sick Pay but entitlement to Statutory Sick Pay would not be affected

4.5 Sickness and annual leave

If an employee falls sick whilst on annual leave or on a day adjacent to annual leave, normal reporting and certification arrangements apply. Annual leave may be reclaimed for the days that s/he is sick provided that a fit note is supplied to cover these days. Medical certificates (or equivalent) issued abroad should be copied and sent to the manager where the absence is going to be four weeks or longer. The original documents must be supplied on the return to work. If the employee is unable to travel, medical confirmation along with full contact details must be provided.

The annual leave policy details the accrual and taking of annual leave during long term sickness.

4.6 Medical appointments

Arrangements covering medical and dentist appointments are covered by UCL's Policy on Leave for Domestic and Personal Reasons (see Section 9 for further details); such appointments should not be recorded as sickness absence unless the appointment requires a whole day's absence.

4.7 Pregnancy-related sickness

Pregnancy-related sickness absence should be recorded separately and should not be taken into account when looking at targets. An employee who is absent due to a pregnancy-related illness during the four week period prior to her due date will be required to start her maternity leave, and will be entitled to maternity pay and not sick pay. Odd days of pregnancy-related illness during this period may be disregarded if the employee wishes to defer the start of her maternity leave period, and a risk assessment does not indicate that carrying out work will endanger her pregnancy.

4.8 Disability-related sickness

Disability-related sickness absence will be managed in accordance with the Equality Act 2010 and related Codes of Practice and guidance, and advice on specific cases can be sought from the Occupational Health Service (OHS) in consultation with the HR Consultancy Team. General advice can be found in the UCL Policy on Disability in Employment (see Section 9 below for further details), or obtained from the Equal Opportunities Co-ordinator. Additionally, it is recognised that absence from work may be required for a range of reasons and therefore staff should also be aware of provisions in the policies in section 9 of this policy.

4.9 Absences due to Injuries caused by accidents

If an employee is absent due to an accident, normal sick pay provision would apply. Where the employee may receive compensation from a third party, reimbursement of sick pay will be repayable to UCL

4.10 The manager (or designated person) will pass the Sickness Absence Record Form with any fit note (s) where appropriate, to whoever maintains the sickness absence records for the department. They will be required to record the sickness absence on any fit notes on MyView. The manager (or designated person) should contact the HR Consultancy Team directly to discuss individual cases if the reason given for the absence may be caused by work or may impact on his/her ability to undertake a particular work activity, or if there is repeated absence or continued absence for a period of 4 weeks or more. In certain cases referral to the Occupational Health Service should be initiated within the first few weeks of absence (see 5.1 below)

4.11 Analysis of sickness absence data is reported to the HR Policy Committee on a regular basis by the Occupational Health Service Manager who also presents reports to the Safety Committee and the Health & Safety Management Team in accordance with their terms of reference

5 Making Referrals to Occupational Health

5.1 If absence is related to a musculoskeletal disorder or a mental health problem, UCL OHS can assist with early referral to short term physiotherapy or counselling support to assist recovery. In such cases a referral should be made to OHS at an early stage of absence, preferably within the first two weeks.

5.2 Ill health, of whatever nature, may affect the work performance of the individual and may also have an impact on their colleagues. If a manager has any concerns about the effects of work on an employee's health, or the effects of a health problem on an employee's attendance or performance or would like further assistance in relation to the suggested workplace adjustments on a fit note, a management referral to the UCL OHS should be discussed with the appropriate member of the HR Consultancy Team. Occupational Health referral should also be considered during any of the stages of the formal procedures for managing sickness absence (sections 6 and 7 below). Managers should discuss the referral with the employee giving reason(s) and encouraging open exchange of information. Similarly, if a member of staff believes that his/her condition may be related to an activity at work s/he should inform his/her manager.

Management referral should be made to UCL OHS to seek advice regarding:

5.3 Occupational health advice given to the manager will not contain confidential medical detail, but is concerned with the effects of a health problem on an employee's work attendance or performance, or the effects of work on an employee's health. Full details of the procedure and referral forms are given in the document Occupational Health Referrals (see Section 9 below for further details). UCL OHS reports are sent to the referring manager and copied to HR Consultancy and the employee.

5.4 If an individual does not attend their UCL OHS appointment arranged through the management referral process, a further appointment will be made. If an appointment is missed for a second time, the manager will arrange a review meeting with the individual at which a representative of the HR Consultancy Team may be present. Any decisions made at this meeting regarding the on-going management of the individual's absence will be based on the information available at that time and in the absence of advice that would have been available had the employee attended the UCL OHS appointment as requested.

6 Repeated short term absence

6.1 The absence of a member of staff due to sickness for 6 periods of absence in a rolling 12 month period or a total of more than 12 working days within the same period, will trigger the formal Sickness Absence Procedure as follows (pro rata for part time staff).

6.2 Stage 1 - 1st Sickness Absence Review Meeting

The purpose of the 1st Review Meeting will be as follows:

6.3 The employee will be given at least 7 calendar days' written notice of the meeting (unless the employee agrees, in writing, to less) and s/he may choose to be accompanied by a trade union representative or work colleague. If the individual's trade union representative or work colleague is unavailable to attend the meeting at the appointed time, s/he may request postponement and suggest an alternative time and date. Where the suggested alternative is reasonable and within 5 working days of the original date, the meeting will be postponed. A representative from the HR Consultancy Team may also be present.

6.4 When setting targets for improvement, managers will, in consultation with their contact in the HR Consultancy Team, need to take into account the individual circumstances of the case, any advice received from the UCL OHS, the impact of any underlying medical condition or disability, and any reasonable work place adjustments that need to be put in place to enable the employee to improve their attendance.

6.5 The outcome of the Sickness Absence Review meeting will be confirmed to the individual in writing by their manager within 10 working days, and a copy sent to their contact in the HR Consultancy Team.

6.6 As confirmed at the Sickness Absence Review the individual's sickness absence pattern will be monitored over an appropriate, specified period. During this period, regular reviews should be undertaken by the manager to review the member of staff's attendance, give them an opportunity to discuss any problems they have encountered, discuss the need for further Occupational Health advice and ensure that any reasonable adjustments recommended have been put in place and that they are receiving the support needed to improve their attendance at work.

Stage 2 - 2nd Sickness Absence Review Meeting

6.7 If during the specified monitoring period following the 1st Sickness Absence Review meeting, absence exceeds the improvement target set this will trigger a 2nd Sickness Absence Review meeting with the manager and a representative of the HR Consultancy Team.

6.8 The purpose of the 2nd Review Meeting will be as follows:

6.9 The employee will be given at least 7 calendar days' written notice of the meeting (unless the employee agrees, in writing, to less) and s/he may choose to be accompanied by a trade union representative or work colleague. If the individual's trade union representative or work colleague is unavailable to attend the meeting at the appointed time, s/he may request postponement and suggest an alternative time and date. Where the suggested alternative is reasonable and within 5 working days of the original date, the meeting will be postponed.

6.10 The outcome of the 2nd Sickness Absence Review meeting will be confirmed to the individual in writing by their manager within 10 working days and a copy sent to their contact in the HR Consultancy Team.

6.11 As confirmed at the 2nd Sickness Absence Review meeting, the individual's sickness absence pattern will be monitored over an appropriate, specified period and appropriate targets will be set within this period depending on the improvement in attendance that is required and taking into account the factors outlined in 6.4 above.

6.12 Regular reviews should be undertaken by the manager during the monitoring period (see 6.6 above).

6.13 If, after a period of satisfactory improvement based on the targets set, the individual's absence levels reach those defined in 6.1 above (repeated short term absence), Stage 2 of the Sickness Absence Policy will be repeated.

Stage 3 - 3rd Sickness Absence Review Meeting

6.14 If during the specified monitoring period following the 2nd Sickness Absence Review meeting, absence exceeds the improvement target this will trigger a 3rd Sickness Absence Review Meeting. The meeting will be with the Head of Department (or person deputed by him/her) and a representative of the HR Consultancy Team.

6.15 The purpose of the 3rd Review meeting will be as follows:

6.16 The employee will be given at least 7 calendar days' written notice of the meeting (unless the employee agrees, in writing, to less) and s/he may choose to be accompanied by a trade union representative or work colleague. If the individual's trade union representative or work colleague is unavailable to attend the meeting at the appointed time, s/he may request postponement and suggest an alternative time and date. Where the suggested alternative is reasonable and within 5 working days of the original date, the meeting will be postponed.

6.17 A Final Caution may be given for unsatisfactory attendance and this will be confirmed to the individual in writing within 10 working days.

•  If it has been decided not to issue a final caution, but to extend the monitoring period, the individual's sickness absence pattern will be monitored over an appropriate, specified period.

6.19 Regular reviews should be undertaken by the manager during the monitoring period (see 6.6 above).

6.20 If, after a period of satisfactory improvement based on the targets set, the individual's absence levels reach those defined in 6.1 above (repeated short term absence), Stage 3 of the Sickness Absence Policy will be repeated.

Stage 4 - Final Absence Review Meeting: Dismissal

6.21 If during the specified monitoring period following the issue of a final caution, absence exceeds the improvement target this will trigger a Final Sickness Absence Review meeting. The meeting will be with the Head of Department (or person deputed by him/her), the manager and a representative of the HR Consultancy Team.

6.22 The purpose of this meeting will be as follows:

6.23 The employee will be given at least 7 calendar days' written notice of the meeting (unless the employee agrees, in writing, to less) and s/he may choose to be accompanied by a trade union representative or work colleague. If the individual's trade union representative or work colleague is unavailable to attend the meeting at the appointed time, s/he may request postponement and suggest an alternative time and date. Where the suggested alternative is reasonable and within 5 working days of the original date, the meeting will be postponed.

6.24 Following the meeting, a decision will be taken by the Head of Department to either dismiss the member of staff on the grounds of capability, or to extend the final caution to allow further time for a sustained improvement. The option of allowing further time for improvement will only be considered if there is evidence that this is likely to lead to the required improvement in attendance.

6.25 In the event that the final caution is extended, the individual's sickness absence pattern will be monitored over an appropriate, specified period.

6.26 Regular reviews should be undertaken by the manager during the monitoring period (see 6.6 above).

6.27 The Head of Department will confirm the decision, the reasons for it and the right of appeal in the case of dismissal, in writing to the individual.

6.28 If, following an extension of the final caution and after a period of satisfactory improvement based on the target set, the individual's absence levels deteriorate and reach those defined in 6.1 above (repeated short term absence), Stage 4 of the Sickness Absence Policy will be repeated which may result in a decision to dismiss the member of staff on the grounds of incapacity.

7 Long-term Sickness Absence

7.1 Managers should seek the advice of the HR Consultancy Team in cases of long-term sickness absence of 4 weeks or more, sooner if there is indication that the health issue may be related to work. Evidence based guidelines recommend early intervention, particularly for mental health or musculoskeletal problems

7.2 They should also maintain contact with the member of staff in order to reduce feelings of isolation, to remain informed about the likely duration of the sickness absence and to keep them in touch with any major workplace developments. Managers should not, however, have detailed discussions regarding work-related issues with staff who are absent. The member of staff has a responsibility to update his/her manager regularly on his/her likely date of return to work.

7.3 In such cases, a referral to the UCL OHS will usually be made for advice on the employee's fitness for work, a likely date of return and advice on a rehabilitation programme, if necessary, to enable the employee to return to work. Where the hours of work are reduced as part of a rehabilitation programme, this would normally be on full pay for a limited period of up to 4 weeks. If the normal hours of work are reduced over a longer period, a corresponding reduction in salary may result. However, the individual circumstances of the case will be taken into account.

7.4 Where appropriate, once advice has been received from the UCL OHS, the individual will be invited in writing to a meeting with his/her manager and a representative from the HR Consultancy Team to discuss the advice. S/he may choose to be accompanied by a trade union representative or work colleague, and at least 7 calendar days notice will be given (unless the employee agrees in writing to less). If the individual's trade union representative or work colleague is unavailable to attend the meeting at the appointed time, s/he may request postponement and suggest an alternative time and date. Where the suggested alternative is reasonable and within 5 working days of the original date, the meeting will be postponed. If the individual is unable to travel, the meeting will be conducted via the telephone or, in exceptional circumstances, a meeting may take place at a venue nearer to his/her home. Alternatively, a written representation can be submitted.

7.5 If the member of staff is considered by the UCL OHS to be unfit to resume his/her duties, despite reasonable adjustments being made, job redesign, an amendment to the job description or redeployment into another type of work will be explored with advice from the UCL OHS. Advice provided by the UCL OHS and the individual's views will be taken into account in the exploration of options. In some cases more than one meeting will be necessary. If reasonable adjustments or redeployment is not possible, early retirement on the grounds of ill health may be pursued in accordance with the arrangements of the relevant Pension Scheme. The Pensions Office will advise individuals of their entitlements in such circumstances. Following the meeting, the content of the discussion and any action to be taken, will be confirmed in writing.

7.6 If a member of staff is deemed unfit for employment, and after all the above options have been explored, consideration will be given to termination of his/her employment. The member of staff will be invited to attend a meeting with their manager and a representative of the HR Consultancy Team to discuss the proposed termination of their employment. They will be given at least 7 calendar days' written notice of the meeting (unless the employee agrees, in writing, to less) and s/he may choose to be accompanied by a trade union representative or work colleague. If the individual's trade union representative or work colleague is unavailable to attend the meeting at the appointed time, s/he may request postponement and suggest an alternative time and date. Where the suggested alternative is reasonable and within 5 working days of the original date, the meeting will be postponed. Following consultation, if termination of employment is appropriate this will be confirmed in writing by the HR Consultancy Team. The right of appeal against the decision and the appeals procedure will also be explained.

7.7 In the case of academic staff who are deemed to be permanently unfit for work, the Procedure for Removal for Incapacity on Medical Grounds will apply.

7.8 If the member of staff is considered by the UCL OHS to be fit for work, this will be discussed with the individual and a return to work date will be set. In exceptional circumstances, if s/he does not return to work on the date advised, entitlement to Occupational Sick Pay may be withdrawn and disciplinary action may be taken. Entitlement to Statutory Sick Pay will not be affected if the continued absence is covered by a fit note.

7.9 Once the member of staff has returned to work, the manager should hold a return to work interview with them. At this meeting, any advice given by the UCL OHS for rehabilitation and support to facilitate a sustained return to work will be discussed, as well as any re-training that may be necessary and any expectations by the member of staff of any further periods of absence.

8. Appeal Procedure

8.1 A member of staff wishing to appeal against any formal action taken under this policy should submit a letter to the Director of HR within seven calendar days of the receipt of the formal letter confirming the action to be taken, stating the grounds of appeal. The formal action taken will remain in force unless and until it is modified as a result of the appeal.

8.2 An Appeal Hearing is not designed to re-hear the case but to examine the grounds of appeal. The appellant must be specific about the grounds of appeal; these will effectively form the agenda for the hearing. Appeals will be raised on one of the following grounds:

8.3 Arrangements will be made for appeals to be heard as soon as reasonably practicable.

8.4 The appellant will be notified as soon as possible of the time, date and place of the appeal hearing with a minimum of 10 working day's notice. The appellant will be advised that s/he may be accompanied by his/her Trade Union representative or workplace colleague.

8.5 The appeal will be heard by a panel of three senior members of staff who have not previously been involved in the case. The panel will be appointed by the Director of Human Resources in consultation with the relevant Dean or the Vice-Provost (Operations). A member of the HR Consultancy Team will provide professional HR advice to the panel and HR will provide a separate person as note taker.

8.6 Where the appeal is upheld, the formal action specified will no longer be applied. If the appeal is not upheld but the Appeal Panel considered the sanction to be inappropriate, this may be reviewed. Where an appeal against dismissal is upheld, the member of staff shall be paid in full for the period from the date of dismissal and continuity of service will be maintained.

8.7 The result of the appeal will normally be notified to the appellant orally within one day and in writing within 10 working days of the hearing. A copy will also be sent to any representative.

8.8 The decision of the Appeal Panel is final.

9 Other Relevant Documents and Procedures

9.1 At any time during the implementation of the Sickness Absence Policy it may be appropriate to refer to the following UCL procedures:

These documents may be accessed via the HR Division Web pages at: http://www.ucl.ac.uk/hr/ref_links.php or may be obtained from the HR Division in printed form. Advice on their implementation or interpretation is available from the HR Consultancy Team.

10 Monitoring of the Policy

10.1 The HR Division and the HR Policy Committee in conjunction with the recognised Trade Unions will keep the monitoring of sickness absence and the operation of this policy under review.

Appendix A - Sickness Absence Record Form

Appendix B - Statement of Fitness for Work

Updated September 2010