1. Introduction
1.1 The University wishes to treat sympathetically and sensitively employees with serious or long-term illness. This policy is designed to deal with situations where an employee may be unable to perform his or her job satisfactorily, owing to persistent, serious or underlying physical or mental health problems which may or may not amount to a disability (as defined in the Equality Act 2010), for example in the case of:
(i) long term sickness absence (normally 4 - 6 weeks);
(ii) frequent intermittent sickness absence, which is found to be attributable to an underlying medical condition; or
(iii) difficulty in fulfilling the required standards of a role due to an underlying medical condition, even if the employee is not absent from work.
2.1 It is expected that Appropriate Managers and employees will deal with situations described above as soon as reasonably practicable. Early discussions and support may assist an employee to return to work or to full duties.
2.2 Appropriate action will depend on the nature of the illness and the circumstances of the case. Accordingly some or all of the possible actions set out in this policy may be applied as appropriate in each individual case. The Appropriate Manager, together with an HR manager, will review the case and determine what action should be taken. This may include a meeting(s) with the employee (which may be at their home). The purpose of the meeting(s) is to gain a clearer understanding of the situation and establish whether the employee needs help, support or assistance from the University. The meeting will also provide the employee with an opportunity to discuss any concerns or questions they may have. The employee may be accompanied at the meeting by an adviser, friend, trade union or other representative.
In cases of absence that may extend into longer term absence and where the member of staff is also a member of the UBGPP scheme, they may be eligible for support from a work recovery and income protection plan included within the UBGPP scheme. This scheme can support members suffering from long-term sickness and HR will explore this option in cases where appropriate to do so.
2.3 Following the meeting(s), a decision may be made to review the situation at a later date, seek further information including medical advice or take such other action as set out below that is appropriate to the individual case.
3.1 If the University has reasonable grounds to believe that an employee's attendance at work poses a risk to the health and safety of the employee or has an unreasonable impact on others, the employee may be required to cease temporarily all or part of their duties pending medical advice.
3.2 The decision to require a temporary cessation of work will be taken by the HR Director or nominee. The Appropriate Manager or HR manager will advise the employee of the expected length of the cessation and will keep them informed of any changes in that timeframe.
3.3 During any temporary cessation of duties:
(i) the employee will be required to be available for meetings and medical appointments arranged pursuant to this policy;
(ii) the University may impose conditions for example, suspension of use of the University’s intranet and email account; and
(iii) the employee will receive their normal pay.
3.5 Partial cessation may be required, allowing the employee to engage in some of his or her normal duties.
3.6 Temporary cessation shall not be classified as sick leave, and the employee shall not be required to produce medical certificates during the period of temporary cessation of duties.
4.1 Where there are concerns about the health of an employee, the University may refer the employee to the University’s Occupational Health Adviser or other medical expert. This shall be arranged by HR. In some cases the University may ask for consent to obtain a written report from the employee’s general practitioner or consultant.
4.2 On receipt of the medical report(s), the HR manager shall discuss with the employee and their Appropriate Manager the advice received. The HR manager shall also discuss any adjustments which might be made to the employee’s job, taking account of the requirements of the Equality Act 2010.
4.3 If an employee is absent from work on sick leave, they shall still need to maintain contact with his or her Appropriate Manager and continue to provide medical certificates in order to receive sick pay.
5.1 Phased return to work
Sometimes a phased return to work may be appropriate to re-introduce the employee to the workplace. Such arrangements shall normally only be put in place on medical advice and where the arrangements have been discussed and agreed beforehand between the employee and Appropriate Manager. Any change in hours or duties during a phased return to work is not a permanent right, and shall be subject to ongoing discussion with the Appropriate Manager. In such circumstances, the employee shall receive the normal full rate of pay for a maximum period of two months.
5.2 Adjustments
Where the phased return to work has come to an end or a phased return to work was not medically advised but an employee has not recovered sufficiently to be able to return to full contractual duties, further temporary or permanent adjustments may be made to facilitate their return. These may include changes to working practices or patterns or provision of equipment. Where the adjustments to the role affect the grade and/or working hours of the role the employee will be paid in accordance with the revised working hours and/or new grade.
5.3 Redeployment
Where medical evidence indicates that it is unlikely that the employee will be able to undertake their current role, it may be possible to consider re-deployment to an alternative role. In these circumstances the HR Manager dealing with the case will collate the following information:
(i) a report from the Appropriate Manager giving background information, details of the current role of the employee and information on the individual’s competencies;
(ii) Medical advice from Occupational Health or other medical information; and
(iii) Appropriate/relevant information on the nature and extent of the impact of the medical condition or disability.
These reports will be used to assist in the consideration of the individual for redeployment. Determining whether redeployment should be pursued in such cases will be carried out on a case-by-case basis.
The HR Manager will meet with the individual to outline how the redeployment process operates, discuss the type of roles they would be suitable for and provide information on career transitions support.
Following the meeting the employee will be able to register to join the University’s redeployment pool and submit their CV and a profile of the type of role(s) they wish to be considered for on-line.
6 Termination of employment
Where the above options have been exhausted or are not reasonably practicable and where the Appropriate Manager and HR manager consider that the circumstances may justify termination of the contract on the grounds of ill health, the following options may be explored:
(i) The Appropriate Manager should consider if the employee is a member of a pension scheme and wishes to pursue ill health retirement; if so HR shall arrange for an application to be made to the scheme.
(ii) The Appropriate Manager may discuss with the employee whether there is mutual agreement that termination of the contract is the most appropriate solution. If agreement is reached the HR Director shall write to the employee confirming this and the University and the employee may enter into an agreement to reflect this.
Where neither of these options is appropriate and the University is considering terminating the employee’s employment on the grounds of ill-health it will follow the procedure set out in Ordinance 10, section 7.
