Remote Working Policy

• POLICY AIMS AND DEFINITIONS

The aim of this policy is to set out how current employees can make a request for remote (or hybrid working) arrangements, in accordance with the statutory scheme, and the conditions that will apply to such arrangements if a request is granted.

• DEFINITIONS

When we refer to ‘Remote Working’ (RW) in this policy, we mean arrangements whereby some or all the work you ordinarily carry out is at another location other than the [Organisation [ Company]’s place of business without any change to your ordinary working hours or duties.

References to ‘workplace’ in this policy means our premises.

• OUR APPROACH TO APPLICATIONS FOR REMOTE WORKING

We recognise that remote working arrangements can benefit both employees and the business and we seek to support employees achieve a better balance between work and personal commitments and will make every reasonable effort, where possible, to accommodate these requests.

As an [Organisation [Company], we are supportive of such arrangements where these are appropriate and compatible with business needs.

Whilst we endeavour, where possible, to accommodate applications remote working, not all roles or jobs are suitable for such form of working.

• ELIGIBILITY

All employees have the statutory right to request remote working however you must have completed 6 month’s continuous service before any approved remote working arrangement can commence.  A gap in service of less than 26 weeks will be discounted for the purpose of determining eligibility to commence a remote working arrangement.

• APPLYING FOR REMOTE WORKING

Requesting occasional remote working arrangements

• We recognise that there are various circumstances in which you may benefit from remote working on an occasional basis. These may include when:
• a quiet, uninterrupted work environment will, for example, assist in dealing with a backlog of administrative tasks or in producing specific work to a deadline;
• a child, elderly relative or other dependant becomes unwell or arrangements for their care break down at short notice;
• public transport is disrupted (e.g. by adverse weather or by industrial action that affects your ability to travel to the workplace); or
• you have a medical appointment during the working day, and it would be more efficient for you travel there from home than from the workplace.
• To request occasional remote working, you should speak to your line manager. Your line manager may authorise an occasional period of remote working, provided that, in their opinion:
• you have work that can be undertaken at home; and
• working at home is compatible with business needs; and
• any increase in work that may be passed to your colleagues as a result is kept to a minimum.
  • Your line manager will, where necessary, liaise with [the HR Department / [POSITION]] to confirm arrangements.

5.4     In the event that your line manager concludes that it is necessary to refuse a request for occasional remote working and you are unable to attend the workplace as normal, [your line manager / the HR Department] will advise you whether your circumstances are covered by any other company policies (such as our [Emergency Time Off for Dependants Policy, Adverse Weather Policy], etc.).

Applying for longer term remote working arrangements

5.4     To make an application for a remote working arrangement you must complete the remote working request form [attached to this policy] [which is available from the HR department] [on the staff intranet] and give it to [your line manager] [(other appropriate job title/level of management)]. Your remote working application must be submitted at least 8 weeks before your proposed remote working arrangement would begin and should detail:

• the form of remote working being requested, i.e how many days and which days are requested;
• the proposed starting date and end date (if relevant);
• the reason(s) for requesting remote working;
• proposed location and other relevant information such as,
  • whether the workstation is suitability equipped to enable you to work effectively to required standard remotely;
  • secure and adequate internet connection; relevant equipment and technology in the proposed work location;
  • how data protection; data security; privacy; confidentiality; IT; intellectual property; email; concerns can be addressed;
  • any health and safety concerns with the proposed work location.

We reserve the right to seek additional information that we may reasonably require to consider your application.

Your application should also state whether your request for remote work arrangements is being made under the reasonable accommodations provisions of the Employment Equality Acts 1998 – 2015.

6. CONSIDERING YOUR REQUEST FOR REMOTE WORKING

On receipt of your application, we will do an assessment of the impact of accommodating you to work remotely. This may involve discussions including with you and your manager as well as with the HR department. You have a responsibility to help us assess the impact on the business and to help us work out ways of managing that impact where necessary.  Our priority will always be the efficient running of our business.

When reviewing your request, we will assess matters including those below:

• the nature of the work/duties being carried out and whether any, or all, of them can be carried out remotely or are they more efficiently carried out on site;
• does the role require face to face engagement with clients/customers and/or a high degree of manual work;
• would remote working affect the service quality or organisational operations taking into account the number of employees currently on approved leave and/or on approved remote working or flexible working arrangements;
• concerns about health and safety business confidentiality or intellectual property;
• the suitability of the proposed workspace on health and safety grounds;
• the internet connectivity of the proposed remote working location;
• the distance between the proposed remote location and on-site location;
• If the proposed remote working arrangement conflicts with the provisions of a collective agreement;

We may also consider factors such as, can you;

• work independently, motivate yourself and use your own initiative, adapting to new working practices as necessary;
• manage your workload effectively and meet any applicable deadlines;
• make appropriate childcare/dependent care arrangements to enable you to focus on your work during your working hours;
• identify and resolve any new pressures created by working at home; and
• keep in regular contact with your line manager and colleagues;
• any aspect of your performance was identified as [below expectations / unsatisfactory] in your most recent appraisal/manager assessment;
• you have an unexpired warning in respect of your conduct or performance; or
• you need [direct or regular] supervision or support to deliver an acceptable quality and/or quantity of work.

These lists are not exhaustive, and these matters may not be relevant in all situations.

7. RESPONDING TO YOUR REQUEST FOR REMOTE WORKING

We will aim to provide a decision to your remote working request within 4 weeks beginning on the date on which we received your application. We may extend this 4-week period for a further period not exceeding 8 weeks.

Once we have completed the impact assessment, we will respond to your request, confirming that:

• your request for remote working has been approved, and provide a prepared agreement setting out the details of the remote working arrangement, to be signed by both you and the company, or
• your request for remote working has been refused and the reasons for the refusal, or
• more time is needed to assess the request and set out the length of time for the extension (as detailed above)

Rejection of your request

If we do not approve your RW arrangement, we will explore the feasibility of an alternative arrangement taking into account your specific circumstances.

Approving your remote working request

If your application for remote working is granted, you must sign a RW agreement that we will appended to your contract of employment. We will also notify you of any other changes to your terms and conditions. You must work from your elected remote location when you are not in the workplace.

[If you are thinking of changing your elected location for remote working, you must speak to [your line manager / the HR Department] in advance to discuss whether your remote or hybrid working arrangements will still be feasible – taking into account, for example, whether your new remote location is within a reasonable commuting distance of the workplace.]

If at any time you wish to work from a location other than your remote location, either on a temporary or a permanent basis, you must seek [written] agreement from [your line manager / the HR Department] in advance.

If you wish to work from abroad at any time, you must obtain separate written approval from [your line manager and the HR Department] in advance. It may, depending on the circumstances, be necessary for you to submit a flexible working request under our Flexible Working Policy in respect of a request to work from abroad. Different legislative and compliance requirements mean that working from abroad may be subject to different arrangements from those set out in this policy.

[If we agree to you working from a location other than your home address, at anytime we reserve the right to terminate your RW arrangement and require you to return to working from the workplace by giving you four week’s written notice in accordance with this policy.

8. ARRANGEMENTS DURING YOUR PERIOD OF REMOTE WORKING

Attendance at the workplace

You will be expected on request to attend the workplace or other reasonable location – on days or at times when you would normally be working from your remote location – for purposes such as meetings, training courses or other events as necessary. [This will typically not be more frequent than [one day per week/half a day per month/one day per month/two days per month] and the dates and times of such workplace attendance will be [agreed with/notified to] you [at least [NUMBER] days] in advance.]

You understand that when you do attend the workplace, you [may / will] have to hot desk or share a desk with someone else.

Supervision, performance and conduct

Your line manager will continue to supervise you and assess your performance and will regularly review your home, remote or hybrid working arrangements and take steps to address any perceived problems.

As a remote/hybrid worker, you will be subject to the same performance measures, processes and objectives and conduct rules that would apply if you worked at the workplace.

Communications

Your line manager will keep you up to date with communications and information relevant to your work. You must ensure that you maintain regular communication with your line manager and colleagues as needed for the performance of your work.

Training and development

Your access to training and development opportunities will, wherever possible, be the same as for staff who are wholly based in the workplace. In relation to applications for internal vacancies and promotions, we will discuss with you if your remote working arrangement will impact on your ability to do certain roles.

Equipment and home working costs

EITHER

[We will provide any equipment that we consider is reasonably necessary to enable you to work from home. Any equipment we provide will remain our property. We will make all necessary arrangements for and bear the cost of installing and removing equipment from your home.

Where we provide equipment, you must:

• use it only for the purposes for which we have provided it and ensure it is not used by anyone else;
• take reasonable care of it and use it only in accordance with any operating instructions and our policies and procedures; and
• if requested, make it available for collection by us or on our behalf.]

OR

 [[Other than [your company laptop and mobile phone / LIST EQUIPMENT], you / You] are required to ensure you have sufficient and appropriate equipment for working from home. Any personal equipment you use when working from home is your responsibility and we will not be responsible for providing, maintaining, repairing or replacing any equipment in the event of loss or damage to any personal equipment you may use when working for us.]

[Please inform us if you have a disability that means you need any special equipment in order to work from home safely and comfortably. In such cases, we will discuss with you what equipment or adjustments to your home workspace you may reasonably need.]

[We are not responsible for associated costs of you working from home including the costs of heating, lighting, or electricity, internet access, or telephone calls.]

[We will pay all charges on any mobile phone provided by us, on condition that you use it only for work-related purposes [and in accordance with our [Electronic Communications Policy]].]

[If you need to purchase any stationery or send any documents or other materials by post or courier in the course of your duties, you should obtain appropriate receipts and reclaim such costs in accordance with our Expenses Policy.]

Data security and confidentiality

You must take all necessary steps to ensure that private and confidential material is kept secure at all times, including when travelling to and from the workplace. [Your line manager / the Data Protection Team] must be satisfied that all reasonable precautions are being taken to maintain confidentiality of material in accordance with our requirements.

You agree to comply with our instructions relating to IT and document security, [EITHER including: [only using equipment that we have provided or authorised; installing and updating all required antivirus and malware protection; regularly updating your password; using provided encryption tools; only using approved platforms to send and receive work-related emails and materials or make work-related audio or video calls; not making work-related calls in the presence of smart speakers or home surveillance systems; ensuring you lock your computer whenever it is left unattended; ensuring nobody else in your home has access to confidential information stored on your computer or other devices; using secure wifi and connecting to our network using our designated [VPN / multi-factor authentication]; keeping all hard copy materials containing confidential information or personal data in cabinets that are locked when not in use; and shredding or otherwise securely disposing of such confidential information and personal data when it is no longer needed, in compliance with our guidelines on data retention].][OR as set out in our [Data Protection Policy / Electronic Communications Policy / POLICY.]

You confirm that you have read and understood our policies on [computer use, electronic communications and data security] and that you will regularly keep yourself informed of the most current version of these policies.

If you suspect or discover that there has been a personal data breach, or an incident involving the security of company, client, customer or staff information, you must report it immediately to [your line manager [and/or] the Data Protection Team].

Health and safety

Remote workers remain subject to the Company’s health and safety policy and have the same responsibilities for health and safety as other employees. You have a duty to take reasonable care of your own health and safety and that of anyone else who might be affected by your actions and omissions. You must attend our usual health and safety training courses, read [MANUALS] and undertake to use equipment safely.

We have the right to carry out a risk assessment of your working area at home for health and safety purposes. This may include a home visit by [the Health and Safety Officer / [POSITION]] and / or a remote risk assessment. Usually, a risk assessment will be undertaken before or shortly after you begin home, remote or hybrid working. Further risk assessments may be conducted if we consider them necessary – for example, because your role or your working environment changes. The need for such assessments will depend on the circumstances, including the nature of the work undertaken.

You must not have in-person meetings in your home with [customers/clients/colleagues] and must not provide your home address or telephone number to [customers/clients].

You must report any health and safety concerns to [your line manager / the Health and Safety Officer] [in accordance with our health and safety policy].

Mental health and wellbeing

It is important that your working patterns and levels of work do not negatively impact on your health and wellbeing. If you are concerned about your health or wellbeing in relation to your, remote working arrangements, including your working pattern or workload, please speak to [your line manager] in the first instance.

You are asked to take proactive steps to manage the boundaries between work and personal life. The Organisations Right to Disconnect Policy provides guidance on disconnecting outside normal work hours.

You should ensure that you take regular breaks away from your screen during the working day. This is particularly important when working from home as the natural interruptions in a workplace environment aren’t present.

We encourage you to take a lunch break and take time away from your working environment each day when you are working at home, whether this be going for a walk or just taking some relaxation time.  If you were in the workplace, you would have natural breaks during the day to catch up with a colleague or share an idea/issue.

[For further information about the support we can provide for employees’ wellbeing, please see our [Wellbeing Policy], or speak to one of our [Mental Health Champions].]

Insurance

Working at home may affect your home and contents insurance policy, mortgage, lease or rental agreement. You must make any necessary arrangements with your insurers, bank, mortgage provider or landlord before commencing home, remote or hybrid working.

[We are responsible for taking out and maintaining insurance to cover any equipment we provide against fire, theft, loss and damage during your employment.

[Our [employer’s liability / accident] insurance policy covers you when you are working at home. You must report any accidents to [the Health and Safety Officer] immediately [in accordance with our Health and Safety Policy].]

9. TERMINATION OF REMOTE WORKING ARRANGEMENT

We reserve the right to terminate your remote working arrangement, either before or after it has started, if we are satisfied that the remote working would have, or is having, a substantial adverse effect on the operation of the business and/or on your performance.

If we decide to terminate your remote working arrangement, we will write to you give you at least 4 weeks notice of our intention to do so.

Prior to confirming the termination of your remote working arrangement, we will write to you advising of our intention and the reason(s) for it and provide you with at 7 days (beginning on the day after notice has been given) to make representations regarding our proposal. We will consider those representations and any alternative arrangements before deciding whether to confirm the notice of termination.

[If you wish to terminate your remote working arrangement, you must notify your line manager in the first instance, providing 4 weeks notice. [We will only be able to accommodate your request if there is sufficient office space and a suitable desk for you.]

[On termination of your remote working arrangement, you may be required to return certain equipment provided by us. If termination of your remote working arrangement also involves termination of your employment, you will be required to return all equipment provided by us. If we need to collect equipment from your home, we will contact you to make the appropriate arrangements.]

Abuse of remote working arrangement

If we have reasonably grounds for believing that you are not fulfilling the requirements of your role during your remote working arrangement, we will give you at least 7 days written notice of the termination of your remote working arrangement, setting out the reasons for termination and the the date that you must return to your original working arrangement. We will provide you with 7 days (beginning on the day after notice has been given) to make representations regarding our proposal. We will consider any representations and any alternative arrangements before deciding whether to confirm the notice of termination. If rejected, you are required to return to your original working arrangements 7 days after receiving notice of termination for an abuse of the RW arrangement.

10. PROTECTION FROM PENALISATION

We will ensure that no employee is penalised for proposing to or having exercised their right to make a request for remote working or a request to return to a previous working arrangement.

11. CONCERNS

If you have any concerns that your remote working request has not been considered in line with the statutory requirements, we encourage you to raise them informally at a local level. You may raise a grievance if the informal process has not resolved your concern.

12. RECORD KEEPING

We will keep records for three years of:

• Period of employment for each employee;
• The dates on which each employee was on an approved RW;
• Number and times each employee was on an approved RW arrangement.

We will keep records for one year of:

• any notices, or copies of notices, given or received.

13. STATUS OF THIS POLICY

This policy does not give contractual rights to individual employees. We reserve the right to alter any of its terms at any time although we will notify you in writing of any changes.

Letter for an employee to request remote working

[Insert name]

[Insert address]

[Insert date]

Dear [insert name],

Re: Remote Working Request

I would like to make a remote working request under the Company’s Remote Working Policy as provided for under Section 20 of the Work Life Balance and Miscelleneous Provisions Act 2023.

Eligibility to make a request

I confirm that I am eligible to make a remote working request because:

• I will have been continuously employed by [insert name of employer] for 6 months at the date my remote working arrangement is proposed to commence. I have undertaken the role of [insert job title] since [insert start date]

Current working location

My current working location is [insert details of current working pattern including hours of work, days of work and location of work].

Proposed remote working arrangement

I am seeking remote working commencing on .. to [insert date] and agree to the variation to my terms and conditions of employment accordingly. [insert date at least 8 weeks after your application date i.e. date lodge with us].

I would like to formally request remote working on the following days: [insert proposed remote working request].

The reason(s) for my request to work remotely are as follows: [ insert reasons for making the request].

The proposed location for my remote working is: [insert]

I believe that this location is suitable for remote working under the WRC Code of Practice on Flexible and Remote Working for the following reasons:

I will comply with the relevant company policies such as ICT Usage, Data Protection and Privacy, Diversity and Equality, Grievance and Disciplinary, Health and Safety, protecting confidential information and IP etc. [tailor names to suit business].

[Optional] I am making this request under the Employment Equality Acts 1998 – 2015 as I believe the proposed working pattern is a reasonable accommodation which would enable me to carry out my duties.

Potential impact of new working pattern

I believe that this proposed working pattern will affect [insert name of employer] and my colleagues as follows: [insert details of potential impact of the proposed working pattern].

I propose that this effect can be handled in the following manner: [insert suggestions as to how this impact should be handled].

Supporting Information and Evidence

I am enclosing the following in support of my application: [include where appropriate]

Thank you for taking the time to consider my request. I look forward to hearing from you.

You are encouraged to provide as much relevant information as possible with the request so that it can be fully considered.

Yours sincerely,

Signed:

[Insert name] [Insert job title]

Flexible Working Policy  Aims and objectives…

A recap of the ROI legislative…

(ROI) Disciplinary Policy Purpose The purpose…

NEW ICO GUIDANCE FOR EMPLOYERS ISSUED: SUBJECT ACCESS REQUESTS (SARs)

On 24 May 2023, the Information Commissioner’s Office (ICO) published New Guidance on SARS (Subject Access Requests) by way of a ‘SARs Q&A for Employers.’

The Headline to its Press Release states:
‘It’s important not to get caught out” which is then followed by 3 bullet points as follows:

• ICO publishes new guide on responding to subject access requests;
• Employers risk fine or reprimand;
• Over 15,000 Subject Access complaints to ICO last year

This is perhaps signalling a harder line and potential crackdown by ICO going forward on employers who fail to respond to a SAR timely or fully.

The new Guidance reminds employers that SARs give individuals the right to request a copy of their personal information, but the response must also include details about:

• Where they got their information from;
• What they’re using it for; and
• Who they are sharing it with.

The ICO comments that employers are misunderstanding the nature of SARS, or importance of responding.

The Guidance sets out a number of practical scenarios with responses. It makes the point that a SAR can also be submitted informally (such as over social media) and does not have to contain the words ‘subject access request’ in order to be one.

The Guidance covers the following key topics:

• What is the right of access?
• Do people have to submit a request in a certain format?
• Can we clarify the request?
• When can we withhold information?
• Do we have to advise the requester if we are withholding information?
• Do we have to comply with a SAR if the worker has signed a non-disclosure or settlement agreement?
• Do you need to comply with a SAR if the worker is going through a tribunal or grievance process?
• Do we need to disclose any non work-related personal information?
• Do we have to disclose emails that the worker is copied into?
• Do we have to include searches across social media?
• We’ve had a request for CCTV footage, but it contains images of other people. Do we have to disclose it?
• Can the ICO advise me what to include in a SAR response?
• What happens if a worker isn’t happy with their SAR response?

The Guidance is drafted in a very plain English format with helpful examples provided. Businesses should ensure that they can identify a SAR, have mechanisms in place to properly respond, and do so within the 28-day period now provided by the law. We suspect given the number of complaints received last year that the ICO will be more likely take action against employers who fail to comply with their legal requirements. The Guidance is important for any person in the business responsible for responding to SARs.

ATTENDANCE MANAGEMENT POLICY AND REVIEW PROCEDURE

AIMS AND OBJECTIVES

This policy is designed to help us meet our attendance objectives, which are:

• for employees to have high attendance standards
• to deal positively and sympathetically with employees who have medical conditions or injuries which affect their ability to work normally
• to avoid operational difficulties and maintain effective staffing levels
• to deal fairly and reasonably with employees who have either frequent periods or extended periods of absence

GENERAL PRINCIPLES

This policy [is in force from (date), and it] applies to all employees in the company except for the attendance review procedure (see below), which does not apply to employees in their probationary period.

RULES FOR NOTIFYING US OF YOUR ABSENCE AND KEEPING IN CONTACT

On the first day of any absence, you must telephone [your line manager] [HR] [the absence reporting line] by [9.00am] [within an hour of your normal start time]. You should explain your reason for the absence, i.e. sickness, how long you think you may be absent for and whether you are intending to seek medical advice. You should also confirm a telephone number on which you can be contacted. [If you do not wish to discuss the reason for your absence with your line manager, you can provide this information to [HR] instead].

[In the exceptional circumstance of your line manager or another applicable manager not being available to speak to you, you should instead telephone [HR], who will arrange for your line manager to phone you back].

You should make the call notifying us of your absence yourself, where at all possible, rather than   asking someone else to do so on your behalf. It is not acceptable to leave messages with colleagues or reception. You must not send a text message or email instead of calling.

If you leave work early because you are unwell, the time lost will be treated as sickness absence and you must inform your line manager that you are leaving work.

It is our policy to keep in touch with employees during all absences, whatever their length. Unless [your line manager] [HR] tells you otherwise, you should telephone [your line manager] [HR] [the absence reporting line] by [9 am] [within an hour of the start of your shift] on each and every day of your absence.

If it becomes clear your absence is likely to become longer-term, [your line manager] [HR] will agree with you how frequently you need to contact the company to keep us informed of your progress. [You will normally be asked to telephone once a week]. [Your line manager] [HR] may also arrange to meet you periodically, either at work or at home, to discuss your on-going absence.

Certificates explaining why you are absent

You must provide your [line manager] [HR] with a medical certificate for periods of sick leave of more than two days, stating the nature of the illness, and subsequent certificates are required to be sent at weekly intervals thereafter.

[SICK PAY POLICY [delete as appropriate]

Statutory sick pay

You may be entitled to statutory sick pay (SSP) if you are absent due to sickness and if you satisfy the relevant statutory requirements from time to time in force. Qualifying days for the purpose of Statutory Sick Pay are Monday to Friday, unless stated otherwise in your [contract of employment] [statement of terms and conditions]. The rate of SSP is set by the government each year and you will be notified of the appropriate rate during your sickness absence.

The entitlement to SSP is due to increase on an annual basis, in accordance with government legislation, as set out below.

• 2023 – 3 days SSP
• 2024 – 5 days SSP
• 2025 – 7 days SSP
• 2026 – 10 days SSP

SSP is paid at a rate of 70% of normal wages up to a maximum of €110 per day.  To qualify for SSP, you must have at least 13 weeks’ continuous service and provide a medical certificate from your GP certifying you as unfit to work for each day of statutory sick leave.

If you are not eligible to receive SSP, you may be entitled to payment of Illness Benefit from the Department of Social Protection, subject to criteria (see below).

Illness Benefit

You may be entitled to payment of Illness Benefit from the Department of Social Protection, subject to eligibility criteria. The first 3 days are waiting days for the purposes of making a claim. For more information on illness benefit, including the eligibility criteria and how to make a claim, please contact Citizens Information or your local social welfare office.

[Company sick pay] [delete as applicable]

Details of any entitlement to receive company sick pay will be set out in your [contract of employment] [statement of terms and conditions]. Any company sick pay you receive in accordance with your [contract or employment] [statement of terms and conditions] will be inclusive of any SSP due for the same period.

If your absence extends beyond the period in which statutory sick pay is payable and you are entitled to illness benefit, we will pay you the difference between your basic salary and any illness benefit you are in receipt of. It is a condition of payment of company sick pay that you must provide us with appropriate evidence any social welfare cheques/entitlements if requested. If the Company is not satisfied with the evidence provided, you will be ineligible for company sick pay.

Company sick pay is provided to employees on a discretionary basis. Your right to company sick pay (and in some cases your right to SSP) will be lost:

• if you fail to follow the rules of this policy on notifying us about your absence and keeping in touch with us during your absence
• for any day not covered by an applicable certificate
• where such certificates are not provided on time
• if your absence is not genuine
• if the illness or injury was sustained in the performance of other employment undertaken you
• if you fail to co-operate with us in implementing any suggestions for temporary adjustments made by your GP or other medical adviser, or our company doctor, other health professional or occupational health provider (OHP)
• if you fail to co-operate in providing further medical information or attending for further medical or occupational health assessment, if requested
• you fail to provide evidence of social welfare entitlement/or non-entitlement

Any sick pay that has been overpaid may be deducted from any future pay.

If the reason for your absence (and consequent receipt of company sick pay) is as a result of actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, you shall immediately notify the Company of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Company may reasonably require.

You shall, if required by the Company, co-operate in any related legal proceedings.

You shall refund to us from any damages or compensation recovered by you, a sum equal to the company sick pay you received during the period of incapacity.

REASONABLE ACCOMMODATION

The Employment Equality Acts 1998-2015 set out an obligation for employers to provide reasonable accommodations for employees with disabilities. The Company recognises its responsibilities and obligations under the Acts and will give particular consideration to whether there are reasonable accommodations that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work for a disabled employee.

The Company will consult with you about any accommodations.

The duty on the employer is to make ‘reasonable’ accommodation. If any proposed changes are not deemed to be viable, they may not be made. It may also be the case that no reasonable accommodation can be made to facilitate a return to work. In the event that there is no alternative role or employment available, and there is no reasonable prospect of you being able to return to work in the near future, the Company may have to consider ending your employment.

SICKNESS ABSENCE AND HOLIDAYS

This paragraph should be read with the company’s holiday procedures and the provisions of your [contract of employment] [statement of terms and conditions] on the taking of holidays.

Sickness during holiday

If you fall ill during a period of annual leave and this period of sickness is supported by a medical certificate, the period of annual leave will be converted to sick leave if you make an application to do so. However, you can only do so if you provide an applicable medical certificate/fit note to cover each day of sickness absence. You must also comply with the other sickness absence reporting requirements contained in this policy. These requirements apply even if you are abroad, so for example, you should use a hotel fax/internet to send/scan applicable certificates obtained from a local doctor to us.

Days converted from a period of holiday to sickness absence will count in the normal way for the purposes of the attendance review procedure, (see below ‘Attendance Management)).

Company notification of holiday during sickness absence

If you have exhausted your entitlement to [company sick pay and/or] [SSP]), and it is clear to us that you are unlikely to return to work before the end of the company’s holiday year, we may nominate days of your sickness absence to be taken as a period of outstanding holiday entitlement.

If we choose to do this, we will give you advance written notice of at least twice the number of days of holiday we are nominating. If you do not wish to take the period of holiday at the nominated time, you should let us know within 7 days of receiving our letter of notification.

MEDICAL REPORTS/ASSESSMENT

We may ask you to attend our company doctor, other health professional or occupational health provider (OHP) for assessment. The Company will meet the costs of any examination. We may ask you to give us permission to seek a medical report or medical records from your own GP or other medical adviser, to assist in the assessment of your medical condition. In such circumstances, we will give you details on the reason for the examination, what the Company intends to do with the data obtained, and the lawful basis for processing the data in line with data protection legislation.

The circumstances in which we may make such requests include, (but are not limited to):

• to explore whether there is an underlying medical condition causing your sickness absence
• to enable us to get a clearer picture of the way your health is affecting your ability to work and how long this is likely to last
• to explore whether there is anything the company can do to help you return to full normal working
• to make decisions about your future employment

If you fail to co-operate in obtaining such information/reports, your case will be considered on the basis of the information we have available at the applicable time. This could include a decision as to whether or not your employment should be terminated. A failure to co-operate with such a request will also result in your loss of eligibility for company sick pay.

INJURY AT WORK

All accidents and any injury, however minor, which occur whilst on company premises, or on authorised company business, must be reported as soon as possible to [your line manager] [HR] [Health and Safety officer]. Full details must be given as to how the injury happened, together with its nature and extent. This information must also be recorded on an accident form, which can be obtained from (specify).

RETURN TO WORK INTERVIEWS

Before returning to work from a sick leave absence of three days or more, you may be required to provide a certificate of Fitness to Work from your medical practitioner, confirming that you can safely return to work.

On the day that you return to work your line manager will meet with you to discuss the reason for your absence, your current fitness to work and what has happened at work in your absence. If there are any underlying problems or reasons that have caused you to take time off, which you have not already informed the company about, this is a good opportunity to discuss them. If you have not already sent us your self-certification form or certificate of Fitness to Work you should hand these in at this meeting.

We recognise that there may be circumstances where you would prefer not to discuss the reason for your absence with your line manager. If this is the case, you can have the return to work interview with [an HR representative] [member of the occupational health team].

DISCIPLINARY PROCEDURE

If the company has reason to believe that you have taken or are taking sickness absence when you are not unwell, we may invoke our disciplinary procedure. We may also treat other actions and failures under this policy as misconduct for the purposes of the disciplinary procedure, such as a failure to maintain regular contact and/or notify us of your absence or supply fit notes/medical certificates as stipulated.

ATTENDANCE REVIEW PROCEDURE

See ‘Management of longer-term absence and underlying medical conditions’ for the application of the attendance review procedure where an employee has an underlying medical condition.

Our procedure has the following stages:

• informal counselling or caution
• first formal written caution
• final formal written caution
• dismissal

 Please note that we may start the Attendance review procedure at any stage where, in our view, an employee has an unacceptable pattern of attendance.

 Informal counselling or caution

We may informally counsel or caution you where we are concerned about your level or pattern of absence, but this has not reached the trigger levels for formal action. We may discuss necessary actions such as considering a referral to a medical practitioner, implementing any possible reasonable accommodation that may be necessary in relation to a disability, or any possible formal disciplinary action.

Formal action

Before taking any formal action under this procedure we will carry out the following steps:

• We will write to you to advise you of our concerns about your attendance record, and invite you to an attendance review meeting to discuss the matter. The letter will confirm the time, date and location of the meeting as well as the possible outcomes. Additionally, the letter will inform you of your right to be accompanied at the attendance review meeting. If you do not understand the letter, you should ask [HR] [or] [your manager] for an explanation;

• We will provide you with any relevant supporting information before the review meeting, which will include your attendance record, and we will give you, together with any permitted companion that you may choose, a reasonable opportunity to consider your response to that information prior to the review meeting (see clause “Right to be accompanied in formal meetings”);

• At the attendance review meeting we will discuss your attendance record and the impact it is having on the business. You will be given the opportunity to explain the reason for your absence/pattern of absence.

Trigger levels for formal action

We have set ‘trigger levels’ to help us identify unsustainable patterns of absence. It is important that you understand that a trigger level is not an entitlement to sickness absence and we may take formal action for any level of absence. We reserve the right to change the trigger levels at any time.

 First written caution

The first ‘trigger level’ is:

• [ten working] days’ or [three] or more occasions of absence during a rolling period of [twelve] consecutive months

or

• pattern of absence otherwise considered unacceptable by the company, e.g. a pattern of absences on Mondays and/or Fridays

If your attendance record reaches the first trigger level, you will be invited to a review meeting to discuss your attendance record and the reasons for it. If appropriate in the circumstances, you will be given a formal caution. You will be informed that, unless your attendance record can be improved and maintained at an acceptable level, a final written caution may follow. If your attendance record improves and is maintained at an acceptable level, the caution will lapse after [six] months from the date it is issued.

Final written caution

You will be invited to a further review meeting if, during the period of your first written caution, you:

• are absent again for [five] or more days or on [two] or more occasions in the following [six]-month period

or

• have a pattern of absence otherwise considered unacceptable by the company

If appropriate in the circumstances, you will be given a final written caution. You will be informed that, unless your attendance record can be improved and maintained at an acceptable level, dismissal may follow. If your attendance record improves and is maintained at an acceptable level, the final written caution will lapse after [12] months from the date it is issued.

Dismissal 

We will write to you asking you to attend a further review meeting if, during the period of your final written caution:

• you are absent again for [five] or more days or on [two] or more occasions

or

• your pattern of absence is otherwise considered unacceptable by the company

You should be aware that, if you reach this stage, you may be dismissed (with notice).

[A decision to dismiss you will only be taken by a [Director]].

Appeals

You may appeal against any decision made under this procedure. If you wish to appeal you should do so in writing, stating the full grounds for your appeal to, (appropriate job title/level of management) within [5] days of receiving our written confirmation of the decision.

We will then invite you to an appeal hearing, which will normally take place within [5] working days of receipt of your appeal, or as soon as is reasonably practicable thereafter. The appeal hearing may take place after the attendance review decision has taken effect.

You have the right to be accompanied at the appeal hearing (see clause [13] “Right to be accompanied in formal meetings”).

Wherever possible, your appeal will be heard by someone more senior than the person who conducted the attendance review meeting. [If this is not practicable, another manager, who has not previously been involved in the matter, will hear the appeal.] [If you have been dismissed, the appeal will be heard by (appropriate job title/level of management).]

Management of longer-term absence and underlying medical conditions

If we are aware that you have an underlying medical condition or injury that is causing you to have frequent short-term absences or results in a long-term period of absence, we will consider how best to take this condition into account when dealing with your absence. Therefore, we encourage you to tell us as soon as you are aware of any underlying condition which may be impacting on your attendance.

Where appropriate, we will also look at whether the company can take any measures to help you improve your attendance or return to work.

Depending on the circumstances of any frequent short-term absences, where there is an underlying medical condition, we may at our discretion choose to manage your attendance outside of the attendance review procedure described above or adapt certain elements of the procedure. For example, we may alter trigger levels in your case, or choose not to give you a caution in circumstances where you would have otherwise received one.

If your condition or an injury causes longer term absence, we will generally manage your absence outside of the attendance review procedure.

Whether we manage your condition within or outside the attendance review procedure, we will usually obtain medical advice, consult with you and consider how your condition is preventing you returning to work (and consider possible adjustments that can be made to assist you in returning to work), as well as seek advice on your prognosis for recovery.

We will keep in touch with you throughout your absence and will expect you to co-operate fully in our absence management measures, including enabling us to receive medical reports and co-operating with any arrangements or measures to enable you to return to work, such as temporary adjustments to working arrangements.

There are limits to the amount of absence which the business and your co-workers can sustain and there may come a point when we will consider ending your employment, for example when, taking into account the circumstances, we believe that:

• we cannot reasonably hold your job open any longer

or

• we cannot reasonably sustain your level or pattern of absence

or

• there is no reasonable prospect of you resuming full duties.

[The company would not generally hold your job open beyond 6 months of long-term sickness absence except in unusual circumstances.]

[The company may terminate your employment before your sick pay entitlement has been exhausted.]

Where it is possible, we will meet with you formally before a decision to dismiss you is made. [A decision to dismiss you will only be taken by [a director]]. Before the meeting we will send you a letter setting out the circumstances and informing you of the possible outcome of the meeting. The letter will also tell you that you have the right to be accompanied at the meeting by a fellow worker or trade union official. We will give you, together with any permitted person that you may choose as a companion, reasonable time to prepare for the meeting. If you are dismissed, you have the right to appeal against your dismissal by stating the full grounds for your appeal in writing to (appropriate job title/level of management) within [5] working days of receiving written confirmation of the company’s decision.

[If the appeal hearing takes place after the dismissal takes effect, and your appeal is upheld, you will normally be treated as having continued employment pending a hearing and will be reinstated with back pay. However, if your appeal is not successful, the original date of your dismissal will stand].

RIGHT TO BE REPRESENTED IN FORMAL MEETINGS

In any formal attendance review meetings under the procedure, including appeals, you have the right to request to be represented by a fellow worker or trade union official of your choice. A representative is allowed reasonable time off from their duties without loss of pay, but nobody is obliged to act as a representative if they do not wish to do so. You should let the person organising the meeting know who will be representing you, if anyone, in advance of the meeting.

HEALTHCARE SUPPORT AVAILABLE

(Specify any support the company can provide, such as occupational health support, employee assistance programme).]

PHASED RETURNS TO WORK

If you return to work on a phased basis with temporary adjustments to your hours or duties [for a reasonable period, you will be paid a normal day’s pay [(inclusive of normal shift premia)] for any day that you work, even if it is not a normal full working day.] OR [you will be paid your normal pay for the hours that you work]. [If you are eligible for it and you have not yet exhausted your entitlement, you will be paid company sick pay for the days or part days when you are not working.]

STATUS OF THIS POLICY

This policy does not give contractual rights to individual employees. The company reserves the right to alter any of its terms at any time although we will notify you in writing of any changes.

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