Sickness Absence Management

Pressure to return to work from sickness absence

Quite often sickness absence will put employers under pressure to get staff back into work after long periods of absence. Pressuring a sick employee to return to work prematurely can have severe implications for both the individual and the organisation.

For the employee, returning before fully recovering can exacerbate their condition, leading to prolonged illness or more serious health complications. This not only affects their physical well-being but also their mental health, as the stress and anxiety of managing work while unwell can be overwhelming. The strain can result in decreased productivity and increased absenteeism, as the employee may need more time off in the long run to recover properly.

For the organisation, such pressure can lead to legal and reputational risks. This can result in costly legal disputes and damage to the company’s reputation as an employer. Additionally, the morale and trust of other employees can be negatively impacted when they see their colleague being mistreated, leading to lower overall engagement and productivity. Ultimately, prioritising an employee’s health and providing adequate recovery time is essential for maintaining a healthy, motivated, and legally compliant workplace.

The below case highlights the importance of taking a measured approach to encouraging staff to return whilst taking a balanced view against health and well-being of the employee.

Met Police Office wins Employment Tribunal case

A veteran Metropolitan Police officer with a heart condition has emerged victorious in his disability discrimination and harassment case at the employment tribunal.

Having served the Met Police for over 22 years, Tarik Ahmed suffers from ischaemic heart disease and has previously endured a heart attack. His condition is aggravated by stress and anxiety.

Ahmed sought a full-time, permanent arrangement to work from home, regularly reviewed, to help manage his heart disease and reduce stress and anxiety triggers. Despite demonstrating no operational need to be physically present in the office, as evidenced by successfully performing his duties remotely for years, his request was denied by the Met.

In the UK, employers have a legal duty under the Equality Act 2010 to make reasonable adjustments for employees with disabilities to help them overcome disadvantages arising from their impairments. This can include changes to working hours, providing equipment, or, as in Ahmed’s case, allowing remote work.

The Met relied on an unwritten policy to reject Ahmed’s request and insisted he return to the office, disregarding medical advice. The London Central employment tribunal found that the Met was aware of Ahmed’s disability and the detrimental impact of stress on his health. The tribunal concluded that forcing Ahmed to work in the office posed a significant risk of another heart attack.

In May 2023, amid a broader initiative to bring staff back to the office, Ahmed faced relentless pressure that created an intimidating and hostile environment, deemed by the tribunal as disability-related harassment. The tribunal unanimously found that the Met failed to accommodate Ahmed’s disability reasonably and subjected him to unlawful harassment.

Ahmed expressed hope that the tribunal’s decision would drive necessary changes within the organisation, ensuring no other officer would endure similar trauma. “Common sense prevailed, proving that accommodating disabilities is reasonable and feasible. My case aligns with the findings of the Dame Casey Review,” he stated.

Colin Davidson, Ahmed’s solicitor and senior associate at Cole Khan, hailed the verdict as a landmark victory for disabled officers’ right to work from home and a recognition that the police must comply with the Equality Act.

The Dame Casey Review of 2023 highlighted that disability discrimination was the most frequent complaint against the Met Police in recent years, indicating a persistent toxic or bullying culture within the force.

What needs to change?

Management styles need to adapt to accommodate disabled employees to ensure compliance with legal obligations and to foster an inclusive and supportive workplace environment. The Equality Act 2010 mandates that employers provide reasonable adjustments for employees with disabilities, making it essential for management to implement practices that address these requirements. By embracing inclusivity, organisations can create a diverse workforce where all employees feel valued and supported, ultimately enhancing overall productivity and job satisfaction.

Incorporating accommodations for disabled workers often involves rethinking traditional management approaches. This may include flexible scheduling, modifying physical workspaces, or leveraging technology to facilitate remote work. Such adjustments not only enable disabled employees to perform their roles more effectively but also demonstrate the organisation’s commitment to their well-being.

When management acknowledges and addresses the unique needs of disabled workers, it can significantly reduce absenteeism and turnover rates, retaining skilled and experienced employees who might otherwise be forced to leave due to inadequate support.

Remote working, in particular, is a powerful tool in accommodating disabled employees. The flexibility it offers can be transformative, allowing employees to work in environments that are most suitable for their individual needs. Remote work can alleviate the physical and psychological stress associated with commuting and navigating potentially inaccessible office spaces. By embracing remote work, management can ensure that disabled employees have the opportunity to contribute fully and comfortably, without the added strain of a traditional office setting.

Moreover, a supportive management style helps foster a positive work environment. When employees see that their needs are being met and that they are not being subjected to undue pressure or discriminatory practices, it cultivates a culture of trust and mutual respect. This is crucial in preventing harassment and discrimination claims, which can arise from a lack of understanding or willingness to accommodate disabilities. An inclusive approach to management helps mitigate these risks and contributes to a healthier, more cohesive workplace.

If you would like any support or advice about sickness absence or managing disabled employees, please do get in touch 01983 897003.