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

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

3. 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

4. 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

5. 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)

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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.

17. 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.

18. 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.

19. Any questions?

20. Additional Sources for Information and Support
Every School a Good School – The Governors’ Role – Governor Guide
Scheme of Management - available from your Employing Authority
EA Training and Support Programme for Members of Boards of Governors –
ESAGS TV: On-line Governor Training Programmes
Other Contacts: CCMS, CNaG, CSSC, EA, GBA, NICIE

21. Educational Websites in NI include -
Department of Education
Education Authority -
If 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.