Agenda and draft minutes

To approve as a correct record the Minutes of the meeting of the Committee held on 12 February 2018.

The Minutes of the meeting held on 12 February 2018 were approved as a true and correct record and signed by the Chairman.

Robert O’ Reilly confirmed that he had sent the information on expenditure on salaries in the current financial year and how this compared with the 2018/19 forecast to Councillor Richard Crumly immediately prior to this meeting (see Minute 5 Statutory pay Policy 2018 on page 4 of the paperwork). He confirmed that the 2017/18 expenditure was £37.4m. The comparison with the 2018/19 could not be undertaken until the accounts were closed down.

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

There were no declarations of interest received.

Purpose: To seek approval from Personnel Committee to amend the Sickness Absence – Reporting and Management: Policy, Procedure and Guidance to improve the management of long term sickness absence and reduce the risk of claims at Employment Tribunal.

The Committee considered a report (Agenda Item 4) which sought to amend the Sickness Absence Reporting and Management Policy, Procedure and Guidance to improve the management of long term sickness absence and to reduce the risk of claims at Employment Tribunal. Rebecca Bird in introducing the item noted that following a recent employment tribunal the Council had been advised by counsel that the existing policy could expose the council to the risk of tribunal claims when dismissing staff because of absence. One of the issues was that staff with long term absence might be considered to be disabled under the Equality Act 2010. Members requested that Robert O’ Reilly circulate the cost of external legal representation at that tribunal to the Committee outside of the meeting. (RoR to Action).

Ms Bird explained that there were four key changes to the policy.

(1)               Inclusion of settlement agreements as an option for resolution of formal cases. The aim was to increase the range of options open to managers and Heads of Service and to provide a compassionate and pragmatic alternative to dismissal on grounds of ill health capability, which would also eliminate risk of disability discrimination claims. In cases of long-term absence, this might be where the timescale for a successful return to work was unknown and the employee had already been absent for more than six months, or had exhausted their entitlement to full sick pay. The terms of any settlement agreement would not exceed any remaining entitlement to sick pay and notice. The Head of Service would agree the terms of any settlement agreement and would agree to fund the legal fees of the employee (maximum of £350 plus VAT).

While settlement agreements were referred to throughout the document the most significant changes were set out in paragraph 16 (Alternatives to Dismissal)

Councillor Richard Crumly queried if there was any scope to reduce employees’ entitlement to sick pay. He noted that currently employees that had more than five years’ service were entitled to receive six months’ full pay and six months half pay. Robert O’ Reilly responded that this was one of the issues looked at by the Task Group that had been set up to look at staff terms and conditions under the Corporate Programme. They had agreed not to progress any changes as it would put the Council out on a limb in relation to other authorities, very few people made use of this entitlement and if they did it was usually because they were very seriously or terminally ill and changes would require all staff to be dismissed and re-employed in order to change their terms and conditions. The task group had therefore concluded that the risks associated with this proposal outweighed any benefits that would be derived.

Robert O’Reilly reminded the Committee that sickness absence was regularly monitored and that average absence at the Council was below the average of the public sector and the national average for local authorities. Absence rates had remained relatively stable  ...  view the full minutes text for item 10.