Notification/Non Notification Process

[Nomad]

Main points regarding the Notification process and possible disciplinary action should this process not be adhered to by employees.

Supporting Your Attendance

Notification

SYA 3.2

Notification - the principles

The individual is expected to contact the store or site to notify any absence that is not planned on a contracted or overtime shift.

Individuals must speak to the Duty Manager when they know they are unable to work, giving at least two hours' notice. In exceptional cases where this is not possible, for example the individual does not have a telephone, alternative arrangements should be recorded on the Personal Change to Notification Policy form.

The individual is expected to contact the store or site themselves, except in circumstances where this would not be considered reasonable, for example, they have been taken to hospital as a result of an accident.

The store or site should be informed about:

reason for absence;
possible date of return;
any other information the individual thinks may be useful, for example; time of doctors appointment.

Individuals need to be made aware during the phone conversation that they must contact the store or site the day before they return to work.


SYA 3.3

If the reason for absence is not due to sickness, the Duty Manager should discuss the option of some flexible in working time I.E. unplanned holiday, take any time owed in lieu, change the individuals day off etc.

The individual's Line Manager can make the arrangements when the individual returns to work.

For one-day sicknesses or absences, the individual should confirm with the Duty Manager at notification of absence that they will be returning the next day. If they are unable to confirm at the time of the call then a further call will be required later that day.

If an unplanned absence precedes a planned holiday then the individual will need to contact the store/site prior to the holiday commencing to confirm whether they would have been fit to return. If they would have returned the individual will take the holiday as previously agreed.

If a call is not received or the individual is not fit to return, continue with unplanned absence and rearrange the holiday on the individual's return.

SYA 3.4
(cross reference Policies For Our People 2.0 & SYA 5.17)

Agreeing special leave at notification

Special leave policies support our staff when they need to be away from work due to exceptional events taking place at home.

The policies are:

Bereavement Leave (standard).
Emergency Leave.
Compassionate Leave

SYA 3.5

When the individual plans to return to work they must personally contact the store or site the day before to speak to the Duty Manager to confirm return and time shift starts.

Stores may agree that night workers' notification for return happens outside of the recommendation of the day before. This may be the day of return.

It is the individual's responsibility to find the Duty Manager on their return before they start work.

SYA 3.6 - 3.7

Non-notification of absence or return is misconduct and has a serious impact on other members of staff and our business.

If an individual does not notify the store/site of absence the store/site should follow the absence without leave policy on the second contracted shift the individual is absent (see SYA 3.9)

Individual returns and has not followed the notification of absence process

These guidelines apply when an individual returns from any period of non-notified absence, regardless of length. These guidelines will also be followed if an individual returns, having been absent without leave.

If an individual non-notifies on an overtime shift this is not part of the process.

All individuals attend a Welcome Back Meeting on the first day back and are informed that there will be an investigation regarding non-notification.

Arrange an Investigatory Meeting as soon as possible:

Advise the individual of the right of representation.
Arrange for a note taker.
Establish any mitigating circumstances, for example; did they understand what to do.
Consider the quality of the briefing they have received and their personal capability to understand it IE were they physically able to contact us or is there a Personal Change to Notification policy form relevant to the individual?

Hold a counselling session to reiterate the notification process and confirm with a counselling letter.

If the individual fails to notify the store/site a second time, we will consider this to be of a serious nature as we have already held a formal counselling session explaining the process. After the Welcome Back Meeting the Line Manager should arrange an Investigatory Meeting as soon as possible. The Line Manager also needs to:

Advise the individual of the right of representation.
Arrange for a note taker.
Establish any mitigating circumstances.
Check the paperwork from the previous meeting.
Use a Misconduct Checklist. If appropriate organise a Disciplinary Meeting with his/her Manager (considering this could result in a Final Written Warning).

If the member of staff fails to notify the store/site a third time, due to the seriousness of the misconduct, repeat the previous process:

The Line Manager would hold the Investigatory Meeting, with the Personnel Manager taking notes.
Establish any mitigating circumstances.
Are there signed notes of the previous meetings?
Use a Misconduct Checklist. If appropriate, organise a Disciplinary Meeting with the Store?Site Manager (considering this could result in dismissal from the Company).
Allow at least 24 hours' notice and inform the individual in writing that they are to attend a Disciplinary Meeting.

N.B. SYA 6.3

The disciplinary process for non-notification of absence is different to the other disciplinary processes and should only be used for non-notification of absence:
First occasion - counselling letter.
Second occasion - final written warning.
Third occasion - dismissal.

Non-notification of return or incorrect notification would not follow the process described above, in these cases you would issue warnings as in normal misconduct cases I.E. verbal, first, final.

If warnings for non-notification expired more than twelve months ago, it could be considered unfair to escalate the warning. In these cases you should either issue a warning at the same level of the last expired warning or start the process again.

SYA 3.8

Non-notification Of Return Incorrect notification
(cross referenced with SYA Notification Workbook V2-04/06 SR3)

Non-notification of return causes disruption to the store/site and is treated as misconduct. If this occurs, it will be investigated further, and in absence of any mitigating circumstances this breach of policy could lead to disciplinary action and ultimately dismissal.

You should proceed through the standard disciplinary process.

Incorrect notification
(cross referenced with SYA Notification Workbook V2-04/06 SR3)

There will be occasions when an individual notifies the store/site of an absence, however fails to notify the store/site of their absence within the notification guidelines see SYA 3.2). For example:
text to store
the individual has not notified within the two hour window before the start of their shift, however, they have notified us before their shift is due to end;
the individual does not notify us personally, however, someone else may do so on their behalf.

This incorrect notification still causes disruption to the store/site and should be investigated. This is still misconduct and the standard disciplinary process should be used.

SYA 3.9 - 3.12

Absence Without Leave Process
(cross referenced with SYA Notification Workbook V2-04/06 SR3)

There may be occasions when an individual does not notify the store or site of a reason for absence and does not return to work on their next contracted shift. This is called Absent Without Leave.
Failure to attend work without notice or an acceptable reason (unless there are mitigating circumstances) is a fundamental breach of contract and therefore as employers we are entitled to summarily dismiss an employee in these circumstances.

Below is the process to be followed by the Personnel or Store Manager - Express.

Individual absent without notification

On second contracted day telephone the individual to discuss reasons for absence. (If answered, establish if individual is a leaver. If not, then investigate non-notification upon individual's return.)

No contact - Letter issued to invite to contact store and attend an Investigatory Meeting
Allow 5 calendar days for response (if individual makes contact, record reason for absence, investigate non-notification upon individual's return).

No response - Letter issued to invite to Disciplinary hearing - 5 calendar days' notice. (If individual responds, record reason for absence, investigate non-notification upon individual's return.)

No response - Letter issued to invite to further Disciplinary meeting 48 hours' minimum notice. (If individual responds, record reason for absence, investigate non-notification upon individual's return.)

No response - Conduct Disciplinary Meeting in individual's absence. Letter sent to individual.

Absence Without Leave following a notified absence.

There may be times when an individual is already absent due to planned absence or sickness and fails to keep in touch or return on the agreed date. It is important that we follow up this unauthorised absence as per Absent without Leave policy, however, we may need to adjust the action taken depending on the individual circumstances. Examples of this unauthorised absence are:

Expired Medical Certificate - if you do not receive a new medical certificate or the employee does not return to work.

Failure to return following planned absence.

Third party informs store or site of reason for absence

There may be occasions where a third party is able to inform us of an individual's reason for absence. We would need to follow up any information given by the third party and make a decision as to whether we proceed with the Absent Without Leave process. You will need to act appropriately depending upon the information they give you.

Should we know someone who can help us understand the reason for absence, for example, a relative works for us, we would be criticised if we dismissed the individual without investigating if the relative could help us.
It is acceptable to ask the third party to contact the individual on our behalf, explaining our need to understand the reason for absence.
The third party is under no obligation to provide any information.
At no point should we discuss any action we are likely to take with the individual.