Archived decisions

Contact Ron Kane, Strategic Employee Relations Manager, (HPSN 8 335 3917)

1.0 Introduction

Members have raised concerns that employees who are suspended on full pay for alleged gross misconduct will in some instances go onto certificated sickness absence soon after being suspended from their employment. The effect of this in some cases is to cause delays in the subsequent investigations.

There will inevitably be genuine instances of such sickness absence since the mere fact of suspension from employment will often be a traumatic experience. However, there may also be instances where the coincidence of sickness absence with suspension is questionable. In unwarrantable cases of such absence any delays in conducting and concluding investigations will be unacceptable.

The purpose of this paper is to describe measures which have recently been taken by the Human Resources Department to reduce the likelihood, the frequency and the effects of such occurrences.

2.0 The Size of the Issue

For an Authority of the size of Hampshire County Council the frequency of suspension from employment is not high and the coincidence of related sickness absence is inevitably lower still. It is recognized, however, that even just one or two occurrences which result in disciplinary suspension being protracted, and hearings being delayed, can be costly both in terms of the immediate employment costs as well as in terms of the effects for departments of delays through not being able to resolve the suspended employee's substantive role.

In the six months prior to this report the number of employees (excluding schools-based) who were suspended was 8. Of those, 3 were on certificated sickness absence either immediately following or sometime during the course of their period of suspension. The average length of the period of suspension was 2.4 months for those who were not on certificated absence and 2.5 months for those who were on certificated absence. In the previous six months the number of employees who were suspended was 9 and those who were also on certificated sickness absence was 3. The average length of the period of suspension was 3 months for those not on certificated absence and 8 months for those who were on certificated absence. Comparative figures for schools were not available at the time of this report.

3.0 Resolving the Issue

The following measures have recently been put in place to address the problem outlined above:

· Members will be aware that the Human Resources Department has recently been restructured and that an Employment Practice Centre was established on 1 November 2004. One of the benefits anticipated from this reorganization is an improvement in the ability of the HR department to promote higher levels of skill amongst its staff responsible for advising on and for handling complex casework.

· Following establishment of the Employment Practice Centre as a centre of excellence, it is anticipated that greater efficiency of case-handling will result from the ability to promote and share best practice and consistency of approach.

· One of the measures introduced by the Employment Practice Centre is that all cases of disciplinary suspension are reviewed on at least a fortnightly basis to ensure that such cases are kept on track towards resolution.

· Members will be aware that on 1 October 2004 the government introduced Statutory Dispute Resolution Procedures. Hampshire County Council's own disciplinary procedures were already broadly in line with the government's approach. However, the opportunity has been taken to review and revise procedures in order to ensure compliance but also, to achieve better clarity through stream-lining and better application of plain English.

· Accompanying guidance to the revised disciplinary procedures make it clear that in the event of certificated sickness absence during suspension, referral will be made to the County Occupational Health Service unless there are exceptional circumstances to indicate that such referral would not be appropriate. The principal purpose of such referral will be to ascertain if the suspended employee nevertheless remains fit to participate in disciplinary investigations and if unfit, to ascertain when the employee will become fit to do so.

· As part of the future approach to dealing with employees who are suspended, letters of suspension will make it clear that in the event of sickness absence during suspension, sick-pay provisions will apply.

· In the event of certificated sickness during suspension which has the effect of potentially delaying the disciplinary process, or where a hearing is postponed because of sickness on more than one occasion, such cases will be reviewed by a senior member of HR staff to determine if it may be appropriate for the matter to be dealt with by way of an `in absentia' hearing.

4.0 Recommendations

Members are asked to note the contents of this report and to endorse the measures which have been taken.