Policies

Capability Procedures

The Council recognises that from time to time staff may experience difficulties which impact on their ability to carry out their work. The Council recognises that poor job performance due to incapability cannot be treated as a disciplinary offence.

There can be reasons for poor job performance other than misconduct. In the interests of dealing with such problems fairly and consistently, The Council has set out the following procedures, which are not part of the disciplinary procedures that apply to misconduct.

The Council recognises its responsibilities for employees and duties, under the Health and Safety at Work Act 1974 and the Equality Act 2010, to manage issues relating to staff capability sensitively, in so far as is reasonable and able to do so. These procedures will be adopted in the interests of fairness for the management and support of employees who, due to capability, are unable to attend work. Such systems should assist the employee in making a return to work, wherever practicable.

Capability is dealt with by the Council under 2 headings:

• Managing Performance
• Managing Attendance – long-term sickness absences

Managing Performance

The procedure for managing performance will apply where an employee is clearly making every effort to fulfil the requirements of the post, but is unable to do so due to reasons such as: changes in the role; loss of skills, ability and/or knowledge; impact of physical or mental impairment.

The cause of poor performance will be investigated and established by the Council. Employees will be asked to provide an explanation as to the reasons for poor performance and the explanation will be checked.

Incapability/poor performance will arise where the employee has been set realistic targets and objectives and cannot achieve them through no fault of their own (An example of capability is failure due to a medical condition).

If realistic targets and objectives have been established but the employee fails to take action of which they are capable, their performance may be treated as misconduct under the Disciplinary Procedure.

At each stage of the procedure the employee will normally be interviewed by the Clerk or Chair of the Council, to review the relevant factors.

At any interview or an appeal meeting, the employee will have the opportunity to state their case and will be encouraged to do so.

The employee will have the right to be accompanied by a work colleague, friend or recognised Trade Union Representative at any Disciplinary or Appeal Hearing. Legal representation will not be permitted. The Council’s Capability Procedure is an internal process and will be conducted as such.

All warnings will be confirmed to the employee in writing.

Managing Attendance

The Clerk / Chair of the Council should ensure they have taken into consideration fully the following aspects before coming to a decision on the management of sickness absence:

• The nature of the illness
• The likelihood of it recurring or some other illness arising
• The length of the absences and the periods of good health between them
• The need for the work done by the employee
• The impact of the absence on other workers
• The policy and how well it has been carried out, and in particular the need for medical assessment when considering dismissal
• The extent to which the difficulty of the situation and the position of Lincolnshire Council of Commerce & Industry has been made clear to the employee, so that the employee realises the full implications of action being considered.

In the application of the following procedure, the Clerk / Chair of the Council should ensure:

• Following each stage, a letter is sent to the employee confirming the key points and actions.
• All correspondence should be marked ‘private and confidential’ when writing to the employee
• Reasonable adjustments are considered throughout the process
• Where there is a difference of opinion regarding the medical advice received, an independent assessment is sought.
• Advice is sought and other specialist resources are appropriately involved.

Short Term Sickness Absence

Where an employee’s sickness record shows that there has been a series of short term absences, from 1 to 5 days, frequent in nature and in excess of those for either their team or the Council as a whole, when assessed over a period of 3, 6 and 12 months, the Clerk or Chair of the Council will review the matter with the employee under the Sickness Absence Policy.

Long Term Sickness Absences

Where an employee’s sickness absence is in excess of 30 days and the nature of the sickness either indicates that there is an underlying problem or is one which suggests it may be long term, the Council will consider the following throughout the process, to the extent that is reasonably practicable:

• The need to make reasonable adjustments and look at alternative work arrangements.
• The need to initiate support, counselling or rehabilitation.

It is recognised that there are many diverse causes of long-term sickness and therefore the reason for the absence will determine the action to be taken.

Stage One:

The Council will:

a) Ensure it is are aware of the reason for your absence

b) Maintain regular contact with you including home visits where appropriate

c) Try to determine the likelihood of your return to work

Stage Two:

If the reason for the employee’s absence indicates that a return to work is highly probably, e.g. a broken limb or a minor back injury, the Council will maintain contact and establish a return to work date with the employee. It may not be necessary to seek medical advice during the absence.

If the reason for the employee’s absence is unclear as to a likely return to work, medical advice must be sought.

The Council will:

a) Write to the employee to seek their written consent for the Council to obtain a medical report from their doctor or alternatively to refer them to an independent Occupational Health Practitioner for a medical examination or report. This will be done in line with their rights under the ‘Access to Medical Reports Act, 1988’.

b) Agree to review the progress, either following the receipt of appropriate advice, or earlier, where this is appropriate.

The medical advice will indicate whether or not the employee is fit to return to full duties, or alternative duties, and the prospects for the future.

Note: Where an employee refuses to give their consent as outlined in a) above, the Council will base decisions on the facts available.

Stage Three:

The Council will:

a) Obtain all the necessary internal and external advice

b) Review any medical reports

c) Look at all available options

d) Establish a way forward

At each stage, in conjunction with the employee and having established the appropriate level of support required, the Council will assist the employee in making a return to work.

Stage Four:

If the medical advice indicates the employee is not yet fit enough to return to full duties, but could undertake light/alternative duties in the meantime, then reasonable efforts will be made to accommodate this.

If the medical advice indicates that the employee is unlikely to be able to return to full duties in the future, but could undertake alternative duties, this will be considered but cannot be guaranteed. If alternative duties are possible, these will be fully discussed with the employee. If is not possible to reach agreement the employee will be informed that his/her employment will be terminated with notice.

If the medical advice indicates that the employee is not able to return to work in the future, including alternative duties, or are unable to return within a time span which is operationally acceptable, provided all aspects, including their needs, have been considered, they will be informed that their employment will be terminated with notice.