Flowchart 1 – Medical Capability Procedure

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Flowchart 1 – Medical Capability Procedure Powered By Docstoc
					                      Appendix 2

Flowchart 1 – Medical Capability Review Procedure




          Following general managing
       sickness absence process, where
       there is no sufficient improvement
         in attendance Manager refers
       case to Head of Service (or above
        manager) to activate procedure
        and ensures up to date medical
            advice is obtained via the
                 HRSSC, OHU




  Service Head arranges for letter to
    be sent requiring employee to
  attend Medical Capability Review
               meeting
                                                     Factors to consider

                                        1. Sickness absence record

                                        2. Other policies e.g. medical
   Service Head conducts Medical        redeployment, ill health retirement,
     Capability Review meeting          prospect of phased return etc

                                        3. Employee’s representations/mitigating
                                        circumstances
           Service Head                 4. Employee’s length of service and
        adjourns meeting to             previous attendance record
         consider case and
          course of action              5. Impact on/needs of service

                                        6. Provision of reasonable adjustments,
                                        where appropriate

                                        7. Any previous review information/action
          Service Head gives
          decision in person if
                possible
                                                 Possible courses of action
                                            1. No action necessary, except to
                                            monitor attendance and review at a
       Service Head confirms                later date.
         outcome of Medical                 2. Review case pending further
     Capability Review meeting              medical information.
                                            3. Any other reasonable/appropriate
     in writing, within 5 working
                                            recommendation, e.g. medical
                 days                       redeployment.
                                            4. Inform/warn employee no
                                            improvement in attendance may/will
                                            lead to a further meeting and
   Appeal meeting arranged if               possible dismissal.
 registered within 5 working days           5. Dismissal where previously
    of receipt of outcome letter            informed/warned.

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                                                  Appendix 2

                         Flowchart 2 - Appeals for cases NOT involving Dismissal



                                Employee registers appeal to Executive
                                                                             Relevant Director
                                Director (or nominated Director) within 5
                                                                              acknowledges
                                   working days of receipt of Medical
                                                                            receipt of appeal in
                                    Capability Review outcome letter
                                                                            writing to employee
                                                                            and notifies/copies
                                                                            correspondence to
                                                                            HRSSC and original
Employee may submit            Employee submits full grounds of appeal in    Medical Capability
 written request for             writing to relevant Director, within 15      Review Officer
 extension in the 15              working days of receipt of Medical
    day time limit                 Capability Review outcome letter

                                    Relevant Director sets Appeal
 Executive Director                    Hearing date within 20
considers reason for                working days from receipt of
request e.g. meeting                     appeal statement
notes not available to
   employee, pre-
                                 Medical Capability Review Officer
 planned holiday or
                                   prepares response within 10
  severe ill health
                                    working days of receiving
                                  employee’s appeal statement
 If extension granted,
    appeal must be                  Employee (and representative if
received within longer             appropriate) provided with 5 days
than 20 working days              notice of Appeal Hearing (see 9.2 of
                                 Medical Capability Review Procedure)


                                   If further information is required
                                  from either/both parties, must be
                                   submitted 2 days before Appeal
                                              Hearing date


                                Appeal Hearing held (see Appendix
                                  1 of Medical Capability Review
                                           Procedure)



                                 Appeal Hearing Officer confirms
                                 decision to employee in writing
                                     within 5 working days




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                  Draft Medical Capability Review Policy and Procedure


                   Flowchart 3 - Appeals for cases involving Dismissal


                             Employee registers appeal to Executive        Executive Director
                             Director within 5 working days of receipt       acknowledges
                              of Medical Capability Review outcome        receipt of appeal in
                                               letter                     writing to appellant
                                                                          and notifies/copies
                                                                          correspondence to
Employee may submit         Employee submits full grounds of appeal       HRSSC and original
 written request for        in writing to Executive Director within 15     Medical Capability
 extension in the 15           working days of receipt of Medical           Review meeting
    day time limit              Capability Review outcome letter                 Officer


                                HR notifies Committee Section
 Executive Director
considers reason for
request e.g. meeting
notes not available to      Medical Capability Review meeting Officer
   employee, pre-           prepares response within 10 working days
 planned holiday or         of receiving employee’s appeal statement
   severe ill health

                             HR assesses statements, seeks further
 Executive Director                 information, if required
may grant extension
  at discretion; not
normally longer than          HR liaises with Committee Section to
  20 working days;             arrange Members Appeal Hearing
 confirms in writing,
    copies to HR
   representative           Members Appeal Hearing date set within
                            20 working days from receipt of appeal
                                         statement


                            Appellant / representative (if appropriate)
                            provided with 5 days notice of Members
                                         Appeal Hearing


                              If further information is required from
                             either/both parties, must submit 2 days
                             before Members Appeal Hearing date


                               Members Appeal Hearing held (see
                               Procedure in Appendix 2 of Medical
                                  Capability Review Procedure)




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