Training and Support Programme for Members of Boards of Governors SUPPORTING STAFF ATTENDANCE Human Resources Directorate

Format/Duration Introductions Housekeeping Signing the Register, Emergency Exits, Toilets, Tea/Coffee, Evaluation

OBJECTIVES How to maximise staff attendance and manage absence by increasing skills and knowledge of how to deal with a range of situations in a school setting. To provide an overview of the legal background To identify key stakeholder roles and responsibilities To identify key operational tasks Develop knowledge of disability discrimination issues To reduce and contain absence levels to the minimum possible level Monitor levels of sickness for individuals, teams and the school as a whole Implement procedures to support and manage staff absences, whilst dealing with unjustified and/or high levels of sickness absence Guiding Principles of Attendance Management Promoting the health, safety and wellbeing of all employees, including the use of risk assessments to identify and manage hazards impacting on health in the workplace To create and maintain a stimulating and healthy working environment Good attendance is valued Matters raised relating to the attendance of a member of staff do not imply any distrust of staff or concerns regarding their conduct Sickness absence will be dealt in a way that is non-discriminatory Staff will be dealt with consistently and fairly The school will aim to promote a positive and preventative approach rather than a punitive one The school will be sensitive and supportive to those suffering the effects of ill health Matters relating to staff attendance and health will be managed with due respect for confidentiality

PROMOTING EMPLOYEE ATTENDANCE Attendance management – 3 H’s - Healthy - Happy - Here Absence Management – 3 R’s - Retention - Rehabilitation - Retirement Aims of Attendance Management: To create and maintain a stimulating and healthy working environment Promoting the health, safety and wellbeing of all employees, including the use of risk assessments to identify and manage hazards impacting on health in the workplace Aims of Absence Management: To reduce and contain absence levels to the minimum possible level Monitor levels of sickness for individuals, teams and the school as a whole Implement procedures to support and manage staff absences, whilst dealing with unjustified and/or high levels of sickness absence Causes of Sickness Absence Personal circumstances Attitudes to work Personal motivation Health problems Marriage breakdown Bereavement Debt problems Childcare issues Work related issues: Manager/employee relationship problems Peer relationship problems Lack of opportunities for career development Lack of training and information Lack of support or positive feedback

Teacher Substitution costs for sickness FINANCIAL CONTEXT Teacher Substitution costs for sickness £12.8m (2014/15) £13.1m (2015/16) £15.3M (2016/17) Average number of days lost per teacher due to sickness: 8.42 (2014/15) 8.28 (2015/16) 9.5 (2016/17) (DE Statistical Bulletin 8/2017 ‘Teacher Vacancies, Sickness Absence and Substitution Costs in Grant-Aided Schools in NI, 2016/17)

LEGAL CONTEXT Health & Safety at Work legislation Employment Legislation Disability Discrimination legislation Data Protection Personal Injury Claims Unfair dismissal claims Health and Safety at Work (NI) Order 1978 Duty of Care Safe place and safe systems of work Risk Assessments 5 step risk assessment: IDENTIFY THE RISK, ASSESS THE RISK; IDENTIFY WHO MAY BE HARMED; IDENTIFY WHAT STEPS CAN BE TAKEN TO ELIMINATE REDUCE THE RISK; IMPLEMENT & REVIEW Employment Rights Order – Fair reasons for dismissal – Capability ill health – Reasonable Employer Lessons from successful claims: Failure to respond to problems; inadequate management framework; lack of communication channels; inadequate support infrastructure; inconsistency of approach Lessons from successful defences: Open and receptive management style; flexible communication channels; support services available; effective & straightforward procedures; documentation of incidents and responses; demonstrable commitment to employee welfare; measuring and monitoring systems; employees withheld information. Disability Discrimination Act 1995 Reasonable adjustments – will address that later Work-related stress Data Protection – Sensitive Personal Data – workers have legitimate expectation that personal health information will be kept private

SCHOOL DEVELOPMENT PLAN The Education (School Development Plans) Regulations (NI) 2010 Schedule 1 – Matters to be addressed in School Development Plans Article 2 (1) (d) managing attendance and promoting the health and well-being of staff; Article 3. An assessment, including the use of performance and other data, of – (iii) arrangements and provision to promote the professional development, attendance, health and well-being of staff

ROLES & RESPONSIBILITIES OF GOVERNORS To adopt and promote the Managing Attendance at Work Policy To ensure welfare and attendance issues form a standing agenda item for Board of Governors’ meetings Monitor implementation through Principal reports to promote teacher well-being and manage teacher attendance Nominate a designated governor responsible for health, welfare and attendance To ensure appropriate and timely action is taken in relation to referrals to Occupational Health Ensure the Principal is effectively managing teacher attendance and incorporate it as a performance target

ROLE & RESPONSIBILITIES OF PRINCIPAL To monitor & manage sickness absence of teachers in a fair, consistent and confidential manner Report regularly to Governors To ensure teachers are informed of the procedures Seek advice from the Employing Authority/Health & Welfare Service where medical evidence indicates a notifiable illness – work related stress, disability, requiring welfare support To maintain appropriate supportive contact with teachers

ROLE OF PRINCIPAL CONT’D Initiate requests for referrals to Occupational Health & liaise with teachers as appropriate Carry out attendance meetings & keep records Support as far as practicable a rehabilitation programme recommended by Occupational Health To ensure staff are aware of the welfare support services

ROLES AND RESPONSIBILITIES OF EMPLOYEE To report all sickness absence in accordance with the procedure To maintain contact with the Principal during any period of absence To comply with arrangements for attendance at medical referrals To follow any professional advice aimed at ensuring a timely return to work To maintain appropriate standards of conduct during sickness absence To advise the Principal of any appropriate matter impacting on their health & wellbeing Inform the Principal where an absence is due to an accident outside of school & a claim for damages from a 3rd party is or will be involved

ROLES AND RESPONSIBILITIES OF THE EMPLOYING AUTHORITY To provide available information to Principals To advise, and support Governors and Principals in managing staff welfare & attendance To ensure provision of Occupational Health Services To advise Principals on rehabilitation; risk assessments & reasonable adjustments To promote the implementation of the attendance procedure Ensure Governors & Principals are trained on the procedure

MANAGING ATTENDANCE PROCEDURES TNC 2008/2 Teacher Attendance Procedure Non-Teaching Managing Attendance at Work Procedures Regional Strategy for the Management and Promotion of Teacher Attendance Other related policies/procedures – TNC 2013/1 Termination of Employment of Teachers on Grounds of Ill Health or Capability Policy Aims: To promote and encourage an attendance culture To identify staff health and wellbeing issues To treat all staff fairly, consistently and with sensitivity Minimise disruption in the school Improve levels of attendance Maintain confidentiality

KEY FEATURES OF THE MANAGING ATTENDANCE PROCEDURES Monitoring Attendance (‘Trigger’ points) Procedures for certifying sickness absence Attendance Meetings and Return to Work Meetings Occupational Health Assessments Success Criteria for Managing Attendance IMPLEMENTATION OF AN ATTENDANCE POLICY EFFECTIVE RISK ASSESSMENT PROCESSES EFFECTIVE RECORDING AND MONITORING OF ABSENCE CONDUCTING ATTENDANCE INTERVIEWS MANAGING LONG TERM ABSENCE REHABILITATION STRATEGIES BUSINESS FOCUSED OCCUPATIONAL HEALTH SUPPORT Attendance Interviews Conduct after every episode of absence Pick the time and place Be approachable – no desk, no aggression Allow time and silence Listen carefully Ask open questions Don’t argue Know your limitations Remember to: Respect confidentiality Tell staff how you will use any information Involve individuals in any decisions Keep a record

OCCUPATIONAL HEALTH ASSESSMENTS Pre-employment Assessment Post- entry Assessment Assess the fitness of workers for specific tasks, ensuring a satisfactory fit between person and job; Recommend suitable adjustments to enable a person to undertake the work they have been selected to perform safely and effectively, considering any health issues or disabilities they may have. British Medical Association – ‘The Occupational Health Physician’ Rehabilitation: Return to work plan; phased return on medical grounds; provide support – human and technical- training/re-training; act proactively/monitor regularly Definition of a disability: A physical or mental impairment; which has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities Reasonable Adjustment: The concept of “reasonable adjustment” is central to the working of the DDA Employers are required to make reasonable adjustments to both working practices and the working environment in order to ensure fair treatment and to help prevent discrimination Not a general duty – only applies to a particular disabled person when the occasion arises There is no duty of reasonable adjustment if the employer does not know, or could not be expected to know, of the disability Examples of Reasonable Adjustments: Seeking advice from Occupational Health on what levels of sickness can be expected over and above the Board’s attendance standards Reviewing work patterns The supply of specialist equipment, workstations or furniture as required Adjustments to core time to help meet medication requirements Agreement regarding time off for appointments or treatment

DEFINITION OF DISABILITY The DDA defines disability as “a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out day to day activities”. Definition of disability will incorporate many common problems such as bad backs or depression and stress. It will also cover illnesses such as cancer from the point of diagnosis. Key issues – Justification; Reasonable Adjustments including redeployment. To satisfy the definition, the substantial effects must last, or be likely to last for one year. This means that most short term event-specific forms of stress or depression such as bereavement or marital break-up are unlikely to qualify Justification: There are a variety of factors to be weighed up in considering whether the decision to dismiss is reasonable – these include: the nature of the illness and the job; the needs and resources of the employer; the effect on other employees; the likely duration of the illness; how the illness was caused; alternative employment.

DISMISSAL ON THE GROUNDS OF CAPABILITY DUE TO ILL HEALTH TNC 2013/1 – Procedure carried out by the Board of Governors – Principal secretary to the Board of Governors Policy incorporates the statutory 3 step process; Governors form into 2 committees of three (preferably of mixed gender); one for initial hearing and one for appeal; Referral to Occupational Health Physician; Letter invitation to meeting to discuss OH (Step 1) Meeting (Step 2) Letter advising of outcome; If proposing dismissal on grounds of capability due to ill health, issue letter inviting employee to make oral and/or written representations to Board of Governors (excluding appeal panel); Following representations or in the absence of representations, Governors can make a determination to dismiss on grounds of capability due to ill health; teacher to be informed in writing and advised of right to appeal. Appeal to a panel of the Board of Governors (Step 3). HR support throughout if requested.

FINAL THOUGHTS Always keep accurate records of absence (including details of all meetings/conversations to discuss the problems; Ensure that line managers or those who will deal with issues on the front line are aware of the correct procedures and, where appropriate have, received adequate training; Be aware of the possibility that a disability is causing the employee’s absence and be prepared to make reasonable adjustments and consider alternative employment; Always follow appropriate EA procedures and keep a paper trail.

Any questions?

Additional Sources for Information and Support Every School a Good School – The Governors’ Role www.education-ni.gov.uk – Governor Guide Scheme of Management - available from your Employing Authority EA Training and Support Programme for Members of Boards of Governors – www.eani.org.uk/govtraining ESAGS TV: On-line Governor Training Programmes www.esags.tv Other Contacts: CCMS, CNaG, CSSC, EA, GBA, NICIE

Educational Websites in NI include - www.education-ni.gov.uk Department of Education www.eani.org.uk Education Authority Email - govtraining@eani.org.uk If email is not an option please contact your principal or chairperson of the board of governors who will make contact with the Governor Training Team on your behalf.