Staff Sickness Procedure
Scope of this chapter
It is essential that Crystal Care Solutions are kept fully informed of staff who are unable to work due to illness or accident in order for us to ensure that the homes are adequately staffed and covered in their absence. Crystal Care Solutions must be made aware of any contagious illness which could have repercussions for other staff members and the young people.
Amendment
This chapter was updated in July 2025.
Should you be taken ill or injured while at work you should report to your Care Manager during office hours or the on call Manager out of hours, to be given permission to leave work.
If you cannot attend work because you are ill or injured you should normally contact your Care Manager during office hours or the on call Manager out of hours as early as possible as and no later than 12 hours before the time when you are normally expected to start work. You will need to contact the home initially to establish which manager will be on call out of hours.
The following details should be provided:
- The nature of your illness;
- The expected length of your absence from work;
- Contact details;
- Any outstanding or urgent work that requires attention.
The relevant Manager will ensure that:
Any sickness absence that is notified to them is recorded and reported to the individual's manager to be monitored, and also the HR department.
Arrangements are made, where necessary, to cover work and to inform colleagues and clients (while maintaining confidentiality).
If you have reported in sick or have left work after being taken ill you should expect to be contacted by your Line Manager or the Senior Care Manager or the HR department who will want to enquire after your health and be advised, if possible, as to your expected return date.
For the purposes of Statutory Sick Pay (SSP), you must self-certify any sickness between one and seven days. On the eighth day of sickness you must obtain a Fitness for Work Statement (“Fit Note”) from your doctor covering the period of your absence and stating the reason(s) for your absence. This should be forwarded to your Line Manager or HR Department as soon as possible.
If your absence continues, further Fit Notes must be obtained and submitted to cover the whole period. The Company will give consideration to any advice from your GP in relation to any steps that can be taken to facilitate your return, however, the Company shall be under no contractual obligation to implement any recommended measure, where it is not reasonably practicable to do so.
In cases of suspected abuse or where there is a concern about the level of or reason for absence, you may be required to provide a Fit Note for each absence regardless of duration. It is your responsibility to obtain this from your GP or medical practitioner.
If you are ill or injured during a period of pre-arranged annual leave you may elect to treat the days of incapacity as sickness absence instead of annual leave. You must inform your manager of your incapacity and its likely duration as soon as possible even if you are abroad. The usual documentary evidence will be required in accordance with this policy. If you fail to provide the required documentary evidence, this may result in a delay of any sick pay entitlement.
Cases of unauthorised absence will be dealt with under our Disciplinary Procedure.
Absence that has not been notified according to the sickness absence reporting procedure will be treated as unauthorised absence.
If you do not report for work and have not telephoned your Line Manager, to explain the reason for your absence your Line Manager will make every reasonable effort to contact you, by telephone and in writing. This should not be treated as a substitute for reporting sickness absence.
Before returning to duty after a period of sickness they must first see their Line Manager or Deputy Care Manager, who will satisfy themselves that they are well enough to return to work and complete a Return to Work Form, this must then be sent to the HR Department.
The Return to Work Form will also cover the following areas; Compliance with the sickness procedures, reasons for absence, and whether there are any work related matters which are influencing a staff member or young person’s health.
If there are any concerns raised during this discussion then they will be fully discussed and documented which may lead to agreements or decisions designed to enable staff to work more effectively.
Short-term sickness absence will initially be dealt with by using informal management such as the return to work procedure and one to one counselling.
Where informal management fails and short-term frequent absence persists, the Company will deal with such matters through the disciplinary procedure.
Before considering formal action, the Company will ascertain if there is an underlying illness which is causing your current condition or contributing to a pattern of absence. Where possible, the Company will identify any reasonable adjustments which may assist you in managing your condition and preventing future absence.
We are committed to helping members of staff return to work from long-term sickness absence. As part of our sickness absence meetings procedure, we will where appropriate and possible, support returns to work by:
- Obtaining medical advice;
- Making reasonable adjustments to the workplace, working practices and working hours;
- Considering redeployment; and/or
- Agreeing a return to work programme with everyone affected.
If you are unable to return to work from long-term sickness absence, we will consider whether you are entitled to any benefits under your contract and/or any insurance schemes we operate.
We may apply this procedure whenever we consider it necessary, including, for example, if you:
- Have been absent for more than 90 days, and/or;
- Have indicated that you are unable to return to work in the future;
- It is not intended to be contractual and is for guidance only.
If your absence has lasted in excess of 90 days, or is expected to last indefinitely the Company may arrange a medical meeting with you. The objectives of a medical meeting may include:
- Discussing the reasons for absence;
- Determining how long the absence is likely to last;
- Determining the likelihood of further absences;
- Considering whether medical advice is required;
- Considering what, if any, measures might improve your health and/or attendance;
- Considering a staged return to work with reasonable adjustments;
- Agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting under the sickness absence procedure.
Unless it is impractical to do so, we will give you a minimum of two days written notice of the date, time and place of a medical meeting. We will put any concerns about your sickness absence and the basis for those concerns in writing or otherwise advise why the meeting is being called. A reasonable opportunity for you to consider this information before a meeting will be provided.
The meeting will normally be conducted by your Care Manager and will normally be attended by another member of staff also.
You may bring a companion to any meeting or appeal meeting under this procedure.
Your companion may be either a trade union representative or a fellow employee. Their identity must be confirmed to the person conducting the meeting, in good time before it takes place.
Members of staff are allowed reasonable time off from duties without loss of pay to act as a companion. However, they are not obliged to act as a companion and may decline a request if they so wish.
Some companions may not be allowed: for example, anyone who may have a conflict of interest, or whose presence may prejudice a meeting. Companions should not normally work at another site, unless no-one reasonably suitable is available at the site at which you work.
We may at our discretion, permit a companion who is not an employee or union representative (for example, a family member) where this will help overcome particular difficulties caused by a disability, or difficulty understanding English.
A companion may make representations, ask questions, and sum up your position, but will not be allowed to answer questions on your behalf. You may confer privately with your companion at any time during a meeting.
You must take all reasonable steps to attend a meeting. Failure to do so without good reason may be treated as misconduct. If you or your companion are unable to attend at the time specified you should immediately inform the person conducting the meeting as soon as possible so that an alternative date and time can be agreed and arranged.
Where you are suffering from a condition which prevents you from attending the Company offices, we will arrange for the medical meeting to take place at your home.
After the meeting you will receive a written response advising you of the outcome of the meeting and confirming what will happen next.
It may be necessary to arrange subsequent medical meetings to review your progress, prognosis and likely date of return to work. Any subsequent meeting(s) will follow the same procedure as outlined above under ‘The Meeting’.
Depending on the nature of your condition, our previous discussions and the likelihood of your return to work, subsequent meetings may include but are not limited to:
- Discussing the reasons for and impact of your ongoing absence(s);
- Where you are on long-term sickness absence, discussing how long your absence is likely to last;
- If it has not been obtained, considering whether medical advice is required. If it has been obtained, considering the advice that has been given and whether further advice is required;
- Reviewing the meetings that have taken place and matters discussed with you;
- Considering whether there have been any changes since the last meeting either as regards your possible return to work or opportunities for return or redeployment;
- Considering your ability to return/ to remain in your job in view both of your capabilities and our business needs;
- Considering possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying you;
- Where you are able to return from long-term sick leave, whether to your job or a redeployed job, agreeing a return to work programme;
- To consider whether there is a reasonable likelihood of you returning to work in a reasonable time;
- To consider any further matters that you wish to raise;
- To consider the possible termination of your employment.
If you are still unable to return to work after the Company has met with you, sought medical advice, discussed that advice with you and considered reasonable adjustments, the company may consider the possible termination of your employment. You will be notified in advance of any meeting, where you are at risk of termination by reason of capability.
Termination will normally be with full notice or payment in lieu of notice.
Where your employment has been terminated by reason of capability, you have the right to appeal the decision. If you appeal against the decision to terminate your contract of employment, you will be invited to attend an appeal meeting where you may bring a companion.
An appeal should be made in writing, stating the full grounds of appeal, to a manager of the same level or higher as indicated within the outcome letter within 7 days of the date on which the decision was sent to you.
Unless it is not practicable, you will be given written notice of an appeal meeting within one week of the meeting. Any new matters raised in an appeal may delay an appeal meeting if further investigation is required. If you have any new information you wish the Company to consider, you should provide this in advance of an appeal hearing so that the Company can investigate.
You will be provided with written details of any new information which comes to light before an appeal meeting. You will also be given a reasonable opportunity to consider this information before the meeting.
Where practicable, an appeal meeting will be conducted by a person more senior to the individual who conducted the previous medical meeting.
Depending on the grounds of appeal, an appeal meeting may be a complete rehearing of the matter or a review of the original decision.
Following an appeal the original decision may be confirmed, or revoked meaning that you will be reinstated. The final decision will be confirmed in writing, if possible within 7 days of days of the appeal meeting. There will be no further right of appeal.
The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay.
You are expected to return to fitness and work as soon as possible. We would not expect anyone absent from work due to sickness or injury to:-
- Participate in sports, hobbies or social activities inconsistent with the alleged illness or injury or which could aggravate it and delay recovery;
- Undertake any other work, paid or unpaid;
- Engage in any work around the house in terms of home improvements or building or similar activities;
- Engage in any other activity inconsistent with your alleged illness or injury.
These are just examples and are not exclusive reasons for doubting the information contained within any ‘Fit Note’
We have the right to require you to undertake any reasonable duties having due regard to the nature of any illness or injury and any guidance received from your Doctor in the form of a Fit Note, including requiring you to attend for work and undertake alternative or light duties or work shorter hours for a period of time and we may offer a rate of pay applicable to the alternative duties or shorter hours. Where you unreasonably refuse to undertake such duties, the Company reserves the right to cease any additional sick pay entitlement and/or commence the disciplinary procedure.
You must report to us as soon as possible if you come into contact with anyone suffering an infection or contagious disease or contract such a disease yourself. You should ensure that you have contacted your GP and obtained the necessary Statement of Fitness for Work if applicable.
You should refer to your contract for details of the sick pay to which you are entitled.
Any payment made in excess of Statutory Sick Pay (SSP) shall be inclusive of any SSP due in accordance with applicable legislation in force at the time of absence.
Provided you qualify, we will pay you SSP when you are absent through sickness/injury for four or more consecutive days. These payments will be made through your normal pay procedure and will be subject to the normal statutory deductions (N.I. and Income Tax).
To qualify for SSP, payment you will need to earn above the lower earnings limit, details of which can be obtained from the Accounts department.
SSP is payable for each day that you are absent, up to a maximum of 28 weeks, however you will only be eligible to receive SSP, from the fourth day of absence. The first 3 days of each period of absence are referred to as qualifying/waiting days, unless of course the absence is linked with another period of absence within the last 8 weeks. Qualifying/waiting days are the days that you would normally be due to work during the period of incapacity.
Further particulars relating to SSP rules, can be obtained from the Accounts department.
If a period of sickness absence is or appears to be occasioned by 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 must immediately notify your Line Manager or Director of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that we may reasonably require. If we require you to do so, you must cooperate in any related legal proceedings and refund to us that part of any damages or compensation you recover that relates to lost earnings for the period of sickness absence as we may reasonably determine, less any costs you incurred in connection with the recovery of such damages or compensation, provided that the amount to be refunded to us shall not exceed the total amount we paid to you in respect of the period of sickness absence.
Any entitlement to additional sick pay will be detailed within your individual Contract of Employment.
We are entitled to withhold SSP where we are not satisfied that that you are genuinely incapable for work or entitled to sick pay because:
- You have entered false information on any form including a Self Certification form;
- You have failed to follow this policy and rules;
- There are serious doubts about the circumstances surrounding your claims for sick pay.
Crystal Care Solutions reserve the right to require any employee, whether or not you are absent due to sickness, to be examined by a medical practitioner appointed by Crystal Care Solutions. If an employee is requested to attend an examination then an appointment with a medical practitioner will be made that is convenient to the employee. It is expected that the employee will provide consent to the examination and for the release of their medical records to the medical practitioner appointed.
Last Updated: July 2, 2025
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