Managing Sickness Absence

Sickness absence can cause many problems.  If your business is experiencing a high level of staff sickness, it may be worth checking your policies and ensuring you are doing all you can to support your employees. Otherwise, there is a risk of employees pursuing claims against their employers, for instance, for constructive unfair dismissal and/or discrimination.

There are many different reasons why an employee may be off work due to sickness, and they may not relate to issues at work, and individuals unfortunately do come down with viruses which take them out of action for a couple of days. In this situation, all the employer needs to do is have a chat with the individual when they return to work, to ensure they are feeling well enough.

The issues arise where you have employees who are on long term sick or are frequently off for short periods of time.

Persistent Short-Term Absence

In a situation like this, it is crucial to look for any patterns for example, is the employee taking the same day off each time and/or is the absence related to the same issue.

You will be able to spot any patterns really easily if you have kept up to date accurate records of employee absence. We recommend, employers ensure staff complete a self-certification form (particularly if the absence lasts for 7 days or less) when they return. This form will detail the number of days the employee was absent and the reason, and the forms should be kept on the employee’s personnel file.

In addition, it is good practice for managers to hold a return-to-work meeting to ensure the employee is fit to return and ensure there are no issues they wish to make you aware of. I find these meetings particularly helpful, as an employee may make you aware of a medical condition which you can then take steps to support them with. I have also seen instances, where an employee has not disclosed a condition, and attempted to make the employer aware further down the line once a formal process has been completed. In this situation, you would be able to clearly evidence (from the return-to-work meetings notes) that the employee had not made the disclosure.

In the event that an employee is absent for the same reason each time, I consider you should obtain an occupational health report to determine whether the employee needs reasonable adjustments and/or could have a disability under the Equality Act 2010, before they commence any formal capability process. Employers can start a process, if they wish, but I would strongly recommend that a report is obtained prior to deciding whether to dismiss an employee. This is because absence, which is linked to a disability, should be discounted when looking at sickness absence levels.

Where the absences are for different reasons, there is less of a risk. In this instance, an employer could commence their capability process. If during the process, the employee does raise that they have a medical condition which is contributing to the absence, you may wish to consider seeking legal advice to ensure the process is handled correctly.

Long-Term Sickness Absence

Where an employee has been off for a long period of time, and there is no clear date for their return, you will need to obtain an occupational health report, before deciding whether or not to dismiss the employee. This is to avoid the risk of the employee being able to claim they have been unfairly dismissed and/or been discriminated against.

The report is helpful as it may give you an indication of when the employee may be able to return, and what, if any, reasonable adjustments would assist. Please note, you are only required to make an adjustment which is reasonable, this means you need to consider it and decide whether it is something you can accommodate. If for any reason, you are unable to make the adjustment, you should make a note of this and the reasons why.

If you have an employee who is returning to work, after a period of long-term sickness absence, you should consider whether a phased return would assist them (which is usually the case). Again, the occupational health report would provide guidance on this, but in essence, this will see the employee return to work on reduced hours/days and slowly build back up to their normal working hours.

Common Issues

The issues which I see arise the most often are:

1. Where the absence relates to stress at work.

This could be for a number of reasons, but in my experience usually relates to a breakdown in the working relationship with a colleague (usually a manager) and/or issues to do with workload.

Because the absence relates to issues which have arisen at work, there is more of a potential for a dispute to arise, and it is best to try and deal with the situation quickly and preferably before a grievance is raised.

If the issue relates to a breakdown in the working relationship, you may want to consider whether mediation would assist, and we can assist with this process. If you would like further information on our mediation service, please contact Jo Carley on 01983 897003.

2. Lack of contact with the absent employee.

Employers, in my experience, often feel they should leave the employee alone and enable them to get better, this is particularly the case if the employee is absent due to depression, stress or anxiety. However, many employees feel this shows a lack of care and support on the employer’s part, and usually fuels a dispute.

In the circumstances, I recommend that regular contact is maintained with an employee who is absent from work. The method of the contact can, if you wish, be the employees preferred method for instance email. However, I would say that whilst you are happy for the majority of the contact to be via email, you will need to have a telephone conversation with them occasionally to ensure they are doing ok.

We are able to assist with any issues arising as a result of employee absence. If you have any questions, please do not hesitate to contact either myself or a member of the team on 01983 897003.