1. Introduction
The University is committed to providing an environment in which employees who have health problems that may affect their work receive suitable support and that reasonable steps are taken when considering their work circumstances which help them to achieve their full potential.
The purpose of this guidance is to assist managers to implement Ordinance 31, it does not form part of the procedure. It follows that this guidance should be read in conjunction with the Capability Procedure (Ill Health) - (Potential Dismissal on Grounds of Ill-health: Ordinance 10, section 7), Ill Health Policy and the Operating Principles (Ordinance 10, section 1).
Managers are responsible for considering the steps set out in the Ill Health Policy to support employees during the course of their employment prior to taking action under Ordinance 31.
Managers are not expected to take any steps under the Ill Health Policy without first seeking advice from their HR team.
HR teams will provide guidance and support to all parties involved in the operation of the Ill Health Policy and the Capability (Ill Health) Procedure: Ordinance 10, section 7 and the Operating Principles: Ordinance 10, section 1, point 1.6. HR teams may well seek advice from the OD Manager (Diversity) as appropriate, particularly in cases involving complex requirements or where there is uncertainty about what constitutes a reasonable support measure.
Trade Unions may advise their members on all aspects of this procedure, and may represent/accompany individuals at meetings (see Ordinance 10, section 1, point 1.12).
The management of ill health is governed by a comprehensive framework of policies and guidance (the Ill Health Policy, the EDI Policy Statement and Guidance on Reasonable Adjustments). This guidance does not therefore attempt to repeat the contents of those policies nor is it a step by step guide to the procedure that should be followed as each case will be different.
This guidance seeks to address some of the common issues that have arisen in the course of managing ill health:
5. Any support measures introduced under the Ill Health Policy should take into account the individual circumstances of each particular case; each member of staff will have different needs and support measures should be determined and applied on an individual basis. The Ill Health Policy provides a framework within which Managers can respond flexibly to each case taking into account both individual circumstances and operational requirements.
6. Medical opinion may be necessary from the individual’s GP, consultant or the University Occupational Health Services (OHS) to gain a deeper understanding of how the condition impacts on the individual in the workplace and on what types of support measures may be of benefit. The relevant HR Team will make the request for such evidence and liaise with the Manager as appropriate to determine any specific questions that should be asked relating to the case in question.
7. Managers are under no obligation to automatically implement any recommendations made by a medical practitioner if those recommendations are deemed to be unreasonable. The factors which might be taken into account when deciding what might constitute a reasonable support measure to enable the work to be carried out include, but are not limited to:
8. Any recommendations discussed with the individual need to be reviewed and agreed with the relevant HR team (in conjunction with the OD Manager (Diversity) as appropriate) prior to being discussed and agreed with the individual member of staff.
9. Where options under the Ill Health Policy have been exhausted or are not reasonably practicable a meeting should be convened under the Capability Procedure (Ill Health) (see Ordinance 10, section 7, point 7.2.1).
