Introduction

1.1 The following resolution was approved by the 2011 Annual General Meeting:

"This AGM instructs Council to investigate Absence Management Policies in operation and to resist any attempts to remove occupational sick leave and any move to automatic disciplinary action as a result of poor attendance due to ill-health."

1.2 The Committee decided to refer the terms of the second part of the resolution to the Salaries Committee for consideration. 

1.3 The Committee wrote to Scottish Councils and Scottish Colleges in the first instance. The entitlement of the EIS to receive this information was reinforced with reference to the Freedom of Information (Scotland) Act. 

1.4 The Committee notes that employers can dismiss employees on the grounds of capability. A capability dismissal relating to "skill, aptitude, health or any physical or mental quality" falls within one of the potentially fair reasons for dismissal under section 98(2) (a) of the Employment Rights Act 1996. The Committee accepts that there is a link between ill-health and disciplinary procedures.

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