Archived decisions

Hampshire County Council

Governance Committee Item 6

26 October 2006

Sickness Absence Whilst Suspended For Alleged Gross Misconduct

Report of the Director of Human Resources

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

1.0 Introduction

Members may recall that in July 2005 they endorsed recommendations that the Employment Practice Centre should make changes to the approach to be taken when dealing with employees suspended on full pay for alleged gross misconduct.

The proposals resulted from some instances were employees went onto certificated sickness absence following suspension from their employment. The effect of such absence was to cause delays in subsequent disciplinary investigations. Measures were therefore introduced to avoid the occurrence/likelihood of unwarrantable cases of such absence

The purpose of this paper is update Members on the changes and on their effectiveness to-date.

2.0 The Measures

The following key measures were put in place:

    · Revised disciplinary procedures have been introduced with guidance which makes it clear that in the event of certificated sickness absence during suspension, sick-pay provisions apply and not `full pay', as was previously the case.

    · As soon as staff on suspension notify sickness absence they are informed in writing that sick-pay provisions apply.

    · Guidance in the revised disciplinary procedures makes it clear that in the event of certificated sickness absence during suspension, and unless exceptional circumstances apply, referral is now automatically made to the County Occupational Health Service.

    · All cases of disciplinary suspension are reviewed on at least a fortnightly basis to ensure that such cases are kept on-track towards resolution.

    · In the event of certificated sickness during suspension which potentially delays the disciplinary process, or where a hearing is postponed on more than one occasion because of sickness, an `in absentia' hearing will be conducted in appropriate cases.

    · Improved and increased training has been provided for Employment Practice Centre staff which in turn has led to higher levels of skill and knowledge amongst those staff responsible for dealing with complex casework at this level.

3.Comparative Data

No. of suspensions

No. of staff on

sickness absence

Average length of

sickness absence

12 month period

prior to new

measures

13

4

2.66 months

12 month period

following new

measures

10

2

0.86 months

4.0 Corporate Priorities and Management Plan

The outcome of this initiative is in line with the management plan objective of `Improving value for money' and as such is in support of the Council's 3 corporate aims.

5.0 Recommendations

Members are asked to note the contents of this report and the improvements achieved.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

Published works.

Documents which disclosure exempt or confidential information as defined in the Act.

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