See notes
With regard to point 186.2 in the judgement in the case of Mrs M O'Donnell v Wokingham Borough Council, please advise:
1. What reviews were carried out and/or what changes were made to the existing policies and procedures
A full review of the tribunal findings took place and the following changes were made to existing policies and procedures:
• Updated line manager training on Health & Safety to ensure that managers understand the importance of documenting risk assessments and having a PEEP in place for those with Mobility Issues.
• Introduced new checklists and guidance for line managers for employees with disabilities which restrict their ability to evacuate the premises in an emergency.
• Updated the annual leave and absence policies to ensure that people unfit for work are not precluded from taking accrued annual leave.
• Updated the Fire Evacuation Procedures to ensure that risk assessments and PEEPs are in place for all employees with disabilities which restrict their ability to evacuate the premises in an emergency.
• Updated the Organisational Change Policy to incorporate:
o 1) there is no right to redeployment if PILON is requested.
o 2) Policy wording updated to include that the individual and their representative should be involved in identifying the most suitable adjustments.
o 3) Updated the guidance on making reasonable adjustments during the selection and consultation process. Alternative redeployment to be considered 1 grade higher and below if unable to participate in the selection process due to long term sickness.
• Amended the Grievance Policy to allow grievances to be submitted within 4 weeks of date of leaving.
• Training provided to managers and colleagues to support successful and meaningful performance appraisals.
• A new Health and Safety intranet site has been introduced making it easier for line managers and colleagues to find the guidance and documents they need.
2. If any new policies or procedures were implemented
• A new applicant tracking system was implemented to ensure that employee with protected characteristics were not disadvantaged during recruitment.
• Implemented a new starter checklist for line managers to ensure there is sufficient handover when there is a change of line manager.
• A new Health and Safety intranet site has been introduced making it easier for line managers and colleagues to find the guidance and documents they need.
3. What lessons were learned.
Lessons about the outcome:
• Managers must understand the importance of documenting risk assessments and having a PEEP (Personal Emergency Evacuation Plan) in place for employees and workers that require assistance to evacuate.
• Ensured that policy and guidance is clear for line managers to take necessary action.
• The importance of having a line manager handover.
• Ensuring that the colleague intranet is kept up to date with line management accountabilities relating to wider corporate responsibilities, e.g. H&S, EDI etc.
• Improved the understanding of making reasonable adjustments as part of organisational change processes.
• Stress to managers the importance of dealing with capability issues when they occur.
• Amend the Leave Policy to include information with regard to using Annual Leave when on Sick Leave.
• Amended the Organisational Change Policy to ensure a disclaimer is sought when an employee requests PILON in that they understand that they will not be able to be considered for suitable alternative positions during their notice period.
• We share key points re lessons learned with Managers and required practice to mitigate risks in the future.