Draft Policy Employee Attendance

Valuing People, Delivering Solutions

Procedures for Managing Employee AttendanceThe well-being of employees is a vital part of ensuring high level learning outcomes for your

School/College. An early intervention strategy promoting a positive and preventative, rather

than a punitive approach are key factors in reducing absence.

Governing Bodies should be committed to proactive absence management and due to the

complexities of this area of employment, discrimination and education law that relate to

this area, governing bodies are strongly advised to adopt the attached procedure without

amendment at their next available Governing Body meeting. Once is has been agreed, please

arrange for confirmation of the agreement, together with the date of the meeting, to be sent

to your nominated Children and Young People’s Services (CYPS) HR Officer.

This procedure has been agreed with the recognised trade unions and should, exceptionally,

a governing body seek to amend this recommended document or adopt an alternative

procedure, they will need to undertake formal consultation collectively with all of the County

Secretaries of the recognised trade unions and confirm any amendments with the Local

Authority. Governing bodies are strongly recommended to seek advice from the CYPS HR

Team in these circumstances.

It is recognised that some schools may choose to adopt a procedure recommended by their

Diocesan Authority or other personnel service provider. Where this is the case, the County

Secretaries of the recognised trade unions should be informed.

Article 6 of the Education (Modification of Enactments Relating to Employment) Order 2003

provides for a Governing body to be the respondent in relation to any application to an

employment tribunal from school employees as the Education Act 2002 and School Staffing

(England) Regulations 2003 delegate staffing decisions to governing bodies. However,

the Local Authority remains the employer for community and voluntary controlled schools

and will, therefore, be primarily responsible for the payment of any compensation order by

an employment tribunal in respect of a finding relating to a complaint of unfair dismissal

or discrimination. Where it is reasonable to do so, the Local Authority is empowered to

deduct such compensation from the school’s budget. It is unlikely that the Local Authority

would wish to adopt such a course of action provided that the governing body has not acted

contrary to law or in some other way failed to observe their agreed procedures.

For schools who have bought into the CYPS HR package, extensive toolkits, including

checklists, management guidance and standard letters have been developed to support this

procedure. The complete set of documentation will be available shortly on a revamped CYPS

HR web page, in the meantime if you require advice and support on individual cases, please

approach your nominated contact within the CYPS HR Team.

The implementation of this new procedure will be supported by the series of termly Head

Teacher HR briefings and training for School Managers and Governors in their respective

roles.

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06 October 2008DATE

AGREED WITH TEACHER TRADE UNIONS AND

PROFESSIONAL ASSOCIATIONS

2nd October

2008

AGREED WITH SUPPORT STAFF TRADE UNIONS 1st October

2008

ADOPTED BY THE GOVERNING BODY OF

SCHOOL1 Of 13

06 October 2008LEICESTERSHIRE COUNTY COUNCIL

CHILDREN AND YOUNG PEOPLE’S SERVICE

HR SERVICE

Procedures for Managing Employee Attendance in Schools/Colleges1. Introduction

The School/College Support plan should identify objectives in terms of service

delivery, which requires a commitment to its employees. The Governors

recognise that they have a committed workforce which strives to ensure that

these objectives are achieved. Governors are committed to ensuring that their

responsibility for the duty of care for their employees is applied and to this end,

support will be provided to absent employees at the earliest opportunity in the

form of counselling, Occupational Health consultation or other appropriate

support.

Under normal circumstances employees will be in attendance at their place of

work during the required period of time. At times, employees may not be

available for work for good reason.

In this respect, therefore, when such absences occur, the measures contained in

this Policy are aimed at ensuring that employees receive the necessary support

and advice from the Head Teacher/Principal/Chair of Governors and where

appropriate, other support functions available to the School/College (e.g.

Occupational Health, Human Resources, Welfare Support) that exist for an

employee and to facilitate their full recovery.

It is important that there is sustained and supportive contact between the

employee and the School/College to maintain contact with the employee.

A positive policy can assist in the reduction of absence, by the introduction of

measures designed to identify problems, which if unresolved, could result in long

term absenteeism which is damaging both to the employee and the

School/College. This can ensure that Head Teachers/Principals are aware of

general and/or individual’s level of absence. The identification of problems at an

early stage will enable the benefits of the policy to be applied to enable support

and advice or to take any other appropriate actions.

2. Legal Context

The School Staffing (England) Regulations 2003 and the Education

(Modification) of Enactments Relating to Employment) Order 2003 came into

effect on 1 September 2003. Sections 16 and 17 of the School Standards and

Framework Act 1998 have been replaced by Sections 35 and 36 of the Education

Act 2002. This guidance has been written to reflect this and other legislation

relevant to the employment of staff in schools/colleges.

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06 October 2008

Part 1 of the School Staffing (England) Regulations 2003 requires each

school to establish dismissal procedures for all School/College

employees and delegates to the Head Teacher/Principal and Governing

Bodies the power to decide all dismissal matters themselves

3. Scope

The Policy will apply to all School/College based employees for whom

Governors have delegated personnel responsibility.

The Policy will also apply to health problems which may not be causing

an employee to be absent, but may be affecting their work adversely,

(adverse effect of medication and treatment, long term medical conditions

and drug dependency, including alcohol). Organisational factors may

also contribute.

4. Objectives

The Policy intends to introduce and maintain: -

�� A system to promote a positive and preventative, rather than punitive

approach to Attendance Management.

�� A means to support employees who are experiencing difficulties in

either their own personal circumstances or health issues.

�� Monitoring and reviewing absence in order to monitor contact with

absent employees.

�� Providing information about patterns of attendance.

�� Introduction of appropriate action when necessary.

5. Principles

�� All involved in administering the policy need training in the use of all

aspects of the policy.

�� The Governors’ responsibility of their duty of care to employees

should be at the centre of all action.

�� Individual employees are advised to consult with their Trade Union

Representative at an early stage.

�� In agreeing the Policy all parties share a commitment to the

Management of Attendance and its benefit to employees and

Schools/Colleges.

�� Good attendance is valued and all opportunities should be taken to

acknowledge and recognise such attendance. However, raising

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06 October 2008

matters relating to an employee’s attendance does not and should

not; imply any distrust of employees or their conduct.

�� The day to day management of attendance is a Head

Teacher’s/Principal’s responsibility, or in the case of a Head

Teacher/Principal the responsibility would be with the Chair of

Governors.

�� Head Teachers/Principals may feel it appropriate to delegate

responsibility for dealing with the initial stages of the Policy i.e.

return to work interviews to another senior employee. This will

depend on reporting arrangements within Schools/Colleges and the

specific circumstances of individual absence issues.

�� Attendance issues need to be handled promptly and sensitively and

call for a supportive approach by Head Teachers/Principals/Chair of

Governors. In facilitating this it may be helpful for managers to take

into account gender or other cultural considerations.

�� Governing Bodies are entitled to expect attendance from all

employees and are, therefore, committed to provide support for

employees who are experiencing difficulty with health or other

issues.

�� All employees are entitled to expect fair and consistent treatment.

�� Employees who become disabled during their employment or who

suffer from serious or chronic health problems will be treated

sympathetically and given encouragement, assistance and support

in continuing their employment in line with the regulations of the

Disability Discrimination Act 1995.

�� Head Teachers/Principals, Governing Bodies and Line Managers

must be aware of and comply with the Health and Safety legislation,

stress management standards and other good practice guidance

relating to the attendance, wellbeing and mental health of

employees.

�� Information concerning an employee’s health, whether given

verbally or in writing is a matter between the individual and the

Head Teacher/Principal/Chair of Governors who must take all

reasonable precautions to respect and protect confidentiality.

�� All reference to the number of days of notice of attendance at

meetings will be working days.

�� Specialist advice on the application of the Policy can be received at

any time from the CYPS Human Resources Section.

6. Monitoring Employee Attendance

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06 October 2008

The effectiveness of managing employee attendance is dependent on accurate

notification and recording arrangements; monitoring and record keeping within

the School/College. Effective monitoring involves:

�� Information gathering, recording and analysis

�� Investigation, assessment and support

�� Communication, consultation and confidentiality

All absence should be reported, recorded, monitored and analysed in order to:

�� Identify problems

�� Review individual cases

�� Decide on appropriate action

7. Return to Work Meetings

Any problems in attendance should be addressed at the earliest possible stage.

In order to ascertain the nature of the problem, Head Teachers/Principal/Line

Managers should always conduct return to work meetings after an employee has

been absent. Schools/Colleges also need to be assured that their employees are

fit to return to work. In some cases it may be necessary to seek medical opinion

prior to return to work. The purpose of the return to work meeting is to:

�� Welcome back the employee and demonstrate that they are valued and have

been missed

�� Ensure the employee has been confirmed as fit to return to work by their GP

or other medical practitioner responsible for their care.

�� Share the attendance record with the employee and alert them to the

possibility of a welfare meeting

�� Discuss the cause of the absence

�� Address any problems that may be causing or contributing to the absence

e.g. work design, work relationships etc

�� Agree return to work arrangements including work priorities for the post

absence period

�� Brief the employee on anything that occurred during their absence

�� Complete and sign the relevant section of the self certification form to ensure

that the recorded details are correct.

�� Identify any potential DDA issues.

The return to work meeting is informal. In many cases the meeting may be as

brief as a quick chat to ensure the employee is fit to return to work and to

welcome them back. This will depend on the circumstances of the employee and

their attendance record. If they have reached one or more of the conditions

requiring further consideration below, employees will need to be advised that a

welfare meeting may be convened (see 8.3 below). In these cases, the Head

Teacher/Principal will ensure that the employee has been given a copy of these

procedures.

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06 October 2008

Head Teachers/Principal/Line Managers will need to be sensitive to the

employee’s right to privacy and confidentiality. It would not therefore be

appropriate to ask questions of an intrusive nature, but it is important to

understand the cause(s) of the absence. Employees may request that the return

to work meeting is undertaken by a member of the same sex where this is

practicable.8 The Procedure: Stage 1

8.1 Frequent/Short term AbsenceIn this context, frequent/short term absence is used to describe where an

employee has regular periods of absence from work, usually on health grounds.

Alternatively, it may occur where an employee has reported odd days of sickness

which are not certificated by a Doctor. Usually the absences are due to minor

ailments which are often unconnected.

One of the most difficult problems in dealing with frequent/short term absence is

that there is often no apparent underlying medical cause. It is acknowledged that

in the majority of cases the reason for the absence is genuine. However, in

cases of persistent frequent/short term absence Head Teachers/Principal/Line

Managers may consider the case as potentially one of the incapability of the

employee to undertake the job for which they are employed, due to ill health. In

which case, the Head Teacher/Principal will need to take into account the impact

that the persistent absences are beginning to have on the operation of the

School/College.

Where Head Teachers/Principals/Line Managers suspect that the absence may

not be genuine and not due to an underlying medical condition, this may result in

an investigation being undertaken in relation to misconduct. Advice may be

sought from the CYPS HR Team as to whether it is appropriate to investigate the

matter further under the Schools/ College Disciplinary Procedure.8.2 Long Term Absence

Long term absence is normally defined as being a continuous absence of 4

weeks or more. It is usually certified and attributable to an underlying medical

condition or specific reason. Each case must be assessed on its individual merits

and will obviously depend on the medical prognosis and the impact on the

operations of the School/College. Certain conditions (e.g. broken limb,

hysterectomy) have predictability about the expected length of absence. Others,

such as stress do not. Each case therefore needs to be assessed individually.

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06 October 20088. 3 Cases which may warrant further attention

In dealing with frequent intermittent absence, Head Teacher/Principal should

determine what they consider to be an acceptable standard of attendance based

on the particular nature of the School/College and communicate these standards

to all employees. In establishing these standards the Head Teacher/Principal

should seek to have consistency and fairness within the context of their

School/College. Head Teachers/Principals will identify from attendance records

and from return to work meetings, cases which require further attention. The

circumstances which need addressing may include, but will not be limited to the

following:

�� Unusual patterns of absence over the term or school year e.g. regular

Friday/Monday absences or linked to holidays

�� Two long periods of absence (less than 4 weeks) in a 6 month period.

�� An absence of 4 weeks or more

�� A stress related absence or reoccurrence of a stress related absence.

�� Regular repetition of the same/similar type of illness.

�� Multiple periods of self certified absence.

Where an employee is absent longer than originally expected, the case may

require further attention. Bearing in mind the individual circumstances of the

absence and the needs of the School/College, the Head Teacher/Principal/Line

Manager may consider the following:

�� The nature of the illness and indications of when a return to work is likely

�� Any medical or Occupational Health advice sought

�� The welfare of the employee

�� Any further measures of support which could be made to speed up the

return e.g. counselling

�� Whether the absence is due to an industrial injury

�� Whether the person is, or is likely to be considered as disabled

�� If early retirement/ill health retirement is being considered

�� Advising employees to contact their trade union8. 4 Welfare Meeting

Once all available information has been collated, the Head Teacher/Principal

may convene a Welfare meeting. Whilst acknowledging that this is the initial

stage of the procedure, the employee should then be encouraged to contact their

Trade Union representative for advice and support, if they have not already done

so.

The purpose of the Welfare meeting is to:

�� Explore possible reasons for the absence

�� Reassure the employee of the genuine concern for their health and

wellbeing.

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06 October 2008

�� Take into account individual circumstances (such as long term attendance

and personal or domestic factors) balanced against the consistency of

treatment across the School/College and authority.

�� Assess what support could be offered to the employee, e.g. Occupational

Health referral

�� Establish ways in which attendance may be improved.

In cases of long term absence, Head Teachers/Principals may also wish to

explore the following options:

�� Continue to Support and Review – No further action is required for a specific

period of time. However regular contact should be maintained with the

employee and an agreed review date agreed. It is particularly important for

Head Teachers/Principals to keep in contact with the employee to provide

support and explore ways of facilitating the return to work. The nature and

frequency of that support will vary with each individual. For employees with

mental health problems, DCSF advice on appropriate timelines should be

followed.

�� Referral to Occupational Health – Consider whether it would be appropriate

to refer the case to Occupational Health to obtain medical advice and

opinion. An employee should, if requested by the School/College, agree to a

medical examination by a nominated medical practitioner. It is hoped that all

employees will see the benefit in medical advice being obtained.

Where an employee refuses to provide medical advice or to undergo a medical

examination, they should be reminded of the requirements under their

conditions of service (teaching staff only) and informed that any decision

relating to their situation will be taken on the basis of information available (all

employees).

�� Return to work on a phased or part time basis – After a long absence, a

medical recommendation may be that a return to work should be planned on

a phased or part time basis. This may be on a temporary or permanent basis.

In these cases the LA’s guidelines on Therapeutic Return to work should be

followed.

�� Redeployment - Consideration may be given to redeployment to an

alternative vacant post, either on a permanent or temporary basis. This would

be in agreement with the employee

�� Consideration of Ill Health Retirement – Depending on the nature of their

absence, the individual may be considering applying for ill health retirement.

If so advice can be sought by the individual or by the Head Teacher/Principal

on their behalf, from the CYPS HR Team. Additional support may be

available from the employee’s Trade Union. All employees will need to be

supported by the Occupational Health Advisor, who should have background

knowledge of their case based on previous referrals. A potential application

on the grounds of ill health retirement should not necessarily delay the timing

of any review meetings

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06 October 2008

If the outcome of the Welfare Meeting is that the continuing attendance level is

unacceptable because of the operational effects on the School/College, a

support plan will be mutually agreed support plan. The support plan will:

�� Seek to address areas of concern

�� Detail the expected level of attendance

�� Identify the sources of support and assistance

�� Specify the timescales for monitoring and review

A copy of the support plan should be sent to the employee no later than 10

working days after the meeting.

A date for the review of the Welfare Support Plan should be set. Normally a

reasonable timescale for the next review would be 8 working weeks, although

this may vary depending on the nature of the case and the medical information

available at the meeting.8. 5 Welfare Review Meeting

The purpose of this meeting is to review the welfare meeting support plan.

The Head Teacher/Principal will meet with the employee, who may be

accompanied at the meeting by their Trade Union representative or a fellow

worker. The desired outcome of the review meeting would be that the required

level of attendance had been achieved. However, in some circumstances where

the outcome of the review is that the attendance is still unsatisfactory, the

employee should be advised that the formal procedures, as detailed below,

would now be implemented. This decision should be confirmed in writing to the

employee.

In exceptional circumstances there may be occasions when the employee has

been unable to reach the expected level of attendance; in such cases the Head

Teacher/Principal may extend the support plan and the review period.

Where the outcome is that formal procedures should not be adopted then the

employee should be congratulated on achieving the required level of attendance

and informed of the expectation that the improvement should be maintained and

that attendance will continue to be monitored in line with normal practice for all

other employees. If the improvement is not sustained the formal procedures are

likely to be adopted. This decision should be confirmed in writing to the

employee.

There may be occasions in cases of long term absence where the medical

reports indicate that a return to work is not possible. In these circumstances

Head Teachers/Principals, in conjunction with the CYPS HR Team should ensure

that all avenues of support such as ill health retirement and redeployment have

been exhausted. If this can be demonstrated, the formal procedures will

commence at Stage 4.

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06 October 20089. Stage 2 Review Meeting

Background

This stage will be initiated in the following circumstances. An employee who:

�� Remains absent

�� Stage 1 of the procedure has been followed and attendance remains

unsatisfactory.

�� Whose attendance has deteriorated again following some initial improvement

Preparation

The advice of the Occupational Health Advisor should already have been sought.

This may help in determining if there is an underlying medical condition and

whether attendance is likely to improve.

The actual date of the meeting should also be agreed with the Trade Union

representative if appropriate and the CYPS HR Team who will ensure that a HR

Advisor attends to give advice on any procedural issues or matters of

employment law.

Notification

The employee will be invited to attend a formal meeting (Stage 2 Review

Meeting) with the Head Teacher/Principal. Notification of the meeting should be

given in writing at least 10 working days prior to the meeting, stating the date,

time and place of the meeting. The letter should also contain the reason for the

meeting and a reminder of the employee’s rights to be accompanied by a Trade

union representative or fellow worker. Any papers to be considered at the

meeting should be circulated with this letter.

Procedure for Review Meeting

The purpose of the meeting will be to:

�� Explore the reasons for the unsatisfactory level of attendance

�� Explain the reasons why the attendance level is unsatisfactory and

demonstrate its impact on the School/College, its pupils etc.

�� Offer any help or guidance to facilitate a return to work or improved

attendance

�� Where appropriate, seek a commitment by the employee to improve their

attendance.

The School/College should make arrangements for the meeting to be minuted by

an appropriate person. The record should include the Head Teachers/Principals

concerns and the employee’s responses. These notes should be circulated as

soon as possible, normally no later than 10 working days after the meeting and

confirmation sought as to their accuracy, again within 10 working days.

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06 October 2008

If following the representations of the employee, the Head Teacher/Principal (or

their representative) feels that the level of attendance remains unsatisfactory, the

Head Teacher/Principal will issue a written warning. This written warning will

clearly state that unless there is the required improvement in their

absence/performance, their continued employment at the School/College may be

at risk.

Support Plan

A support plan should be agreed which will contain:

�� Areas of action

�� Expected level of improvement

�� Sources of support and assistance

�� Timescales for monitoring and review

Normally a reasonable timescale for the next review would 8 weeks, although

this may vary depending on the nature of the case and the medical information

available at the meeting.

The date of the Stage 3 Review meeting should be scheduled and a letter

confirming the written warning and a copy of the support plan, together with the

minutes of the meeting should be sent to the employee no later than 10 working

days after the meeting.

Appeal

The employee should be advised in writing of their right of appeal against this

written warning which would be heard by a panel of governors10. Stage 3 Review Period

The procedure and preparation, for the Stage 3 review meeting should mirror that

of the Stage 2 review meeting.

Preparation

Although the date for the Stage 3 review meeting was set at the end of the initial

review, written confirmation of the second review meeting should be sent by the

Head Teacher/Principal (or their representative) no later than 10 working days in

advance of the meeting. The letter should confirm the date, time and place of the

meeting and a reminder of the employee of their rights to representation. Again

any paperwork to be referred to at the meeting should also be circulated at this

stage.

The actual date of the meeting should also have been agreed with the Trade

Union representative if appropriate and the CYPS HR Team who will ensure that

a HR Advisor attends to give advice on any procedural issues or matters of

employment law.

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06 October 2008

Purpose

The purpose of the meeting will be to formally review the employee’s attendance

and the support plan agreed at the initial meeting.

Outcomes

There are two possible outcomes of the Stage 3 Review meeting.

1. The employee’s record has shown satisfactory improvement and the formal

procedure should be stopped. The employee should be congratulated, but

informed, however, of the expectation that the improvement should be

maintained and that attendance will continue to be monitored as with all other

employees and if the improvement is not sustained the formal procedures are

likely to be adopted again. This should be confirmed in writing to the employee.

2. If the attendance is unsatisfactory the formal procedure should continue.

The review meeting should cover the following areas:

�� Formally review the support plan arising from the previous meeting

�� Explore why the level of absence/performance continues to be unsatisfactory

and the reasons for it.

�� Explain the continued concern of the implications for the School/College on

the level of absence

�� Seek a final agreement with the employee to improve their attendance and

explore measures to achieve improvement or a satisfactory return to work.

If following the representations of the employee, the Head Teacher/Principal (or

their representative) feels that the level of absence still remains unsatisfactory,

the Head Teacher/Principal will issue a final written warning. This written warning

will clearly state that failure to make a significant improvement by the next review

meeting could result in the termination of their contract of employment.

Support Plan

A further support plan should be agreed which will contain:

�� Areas of action

�� Expected level of improvement

�� Sources of support and Assistance

�� Timescales for monitoring and review

Normally a reasonable timescale for the next review would be in the region of 8

weeks, although this may vary depending on the nature of the case and the

medical information available at the meeting.

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06 October 2008

The date of the Stage 4 Review meeting should be scheduled at this meeting

and a letter confirming the final written warning and a copy of the support plan,

together with the minutes of the meeting should be sent to the employee no later

than 10 working days after the meeting. The employee should also be advised

that the final review meeting will be held with the Head Teacher/Principal and if

attendance remains unsatisfactory the Head Teacher/Principal may recommend

that a Panel of Governors (see Stage 4) be convened to consider the dismissal

of the employee. (Note: In Schools/Colleges where the Head has delegated

powers of dismissal the decision will be made by the Head in the Stage 4 Review

meeting)

At this stage it would also be timely to gain an up dated report from the

Occupational Health in order that it is available for consideration at the final

review meeting. If not already obtained, advice should also be sought from the

CYPS HR Team.

Appeal

The employee should be advised in writing of their right of appeal against this

warning which would be heard by a Panel of Governors.11 Stage 4 – Final review Meeting/Governors’ Hearing

Although the date for the final review meeting was set at the end of the second

review, written confirmation of the date of the final review meeting should be sent

by the Head Teacher/Principal (or their representative) no later than 10 working

days in advance of the meeting. The letter should confirm the date, time and

place of the meeting and a reminder of the employee’s rights to representation.

Again any paperwork to be referred to at the meeting should also be circulated at

this stage.

The actual date of the meeting should also be agreed with the Trade Union

representative if appropriate and the CYPS HR Team who will ensure that a HR

Advisor attends to give advice on any procedural issues or matters of

employment law.

The purpose of the meeting will be to formally review the employee attendance

since the stage 3 review.

If is established that the employee’s record has improved satisfactorily and has

been sustained since the Stage 3 review; the Head Teacher/Principal should

stop the formal procedure at this stage. The employee should also be informed,

however, of the expectation that the improvement should be maintained and that

attendance will continue to be monitored as with all other employees and if the

improvement is not sustained the formal procedures are likely to be adopted

again. This decision should be confirmed in writing to the employee.

If the employee’s absence record has not improved satisfactorily since the

second review meeting, the Head Teacher/Principal will recommend that the

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06 October 2008

situation will be considered by a Panel of Governors. The Panel will comprise of

a minimum of 3 Governors

The Head Teacher/Principal is responsible for ensuring that full documentary

evidence has been provided to the Panel and to the employee at least 10

working days in advance of the meeting. The meeting should ensure that a full

exploration and discussion of the situation should be held to determine whether

there has been any progress or improvement in attendance.

Outcomes

There are three possible outcomes to the Governors’ meeting:

1. The employee’s record has shown satisfactory improvement and the

formal procedure should be stopped. The employee should be informed,

however, of the expectation that the improvement should be maintained

and that attendance will continue to be monitored as with all other

employees and if the improvement is not sustained the formal procedures

are likely to be adopted again. This decision should be confirmed in writing

to the employee

2. There has been some improvement in attendance but it is considered

insufficient. The employee must be advised that their attendance should

be improved over an agreed period, e.g. 8 weeks, and will continue to be

monitored. At that point a further Stage 4, final review meeting will be held.

It is anticipated that this option would normally only be exercised once.

3. There is no sustained improvement or acceptable return to work at this

point nor is this likely in the foreseeable future. The Employee should be

advised that their attendance level remains unsatisfactory and their

employment will be terminated subject to appropriate notice on the

grounds of "incapability through ill health" or "unable to fulfil the

requirements of the contract of employment"

Appeal

If the decision is made to terminate their employment, the employee should be

advised in writing of their right of appeal against the decision to a further panel of

Governors not party to the decision to dismiss. The right of appeal should be

exercised within 10 working days of the date of the written confirmation of the

decision.

If following an appeal the dismissal is upheld or where the individual chooses not

to exercise that right, the School/College should confirm the dismissal and inform

the LA of the recommendation for dismissal. In accordance with the School

Staffing (England) Regulations 2003, the request will be actioned by the LA

within 10 working days.