How to manage sickness absence in the workplace

Sickness absence can vary significantly from case to case. It can cover anything from an employee who suffers a broken leg to an employee who appears to take a lot of Mondays off work. How the matter is dealt with will very much depend upon the type of case.

Dealing with periods of short term absence
If an employee is absent for a number of occasions on short term sickness then the employer needs to consider the absence level of the employee and whether there is any pattern to the same. If the same day of the week is taken off or a lot of sickness happens before or after bank holiday then this suggests that there is likely to be an issue.

Investigating the matter and the disciplinary process
In such a case, the employer needs to follow the disciplinary process and firstly investigate the matter to see if there is a case to answer. This will involve the employee being called to a meeting to explain why he is absent on many Mondays. If there is no satisfactory explanation then the matter will proceed to a disciplinary hearing.

If the disciplinary hearing finds that the absences are not acceptable then the employee should receive a warning. It will not normally be justified to dismiss without previous warning having been given for similar conduct. Always remember the right of appeal.

How to gain improvement in attendance
The outcome letter should state that the level of sickness is not acceptable and that improvement is required. However, this in itself is not enough. If an employee has 20 days off work sick and is warned to improve then has 19 days off sick he cannot be disciplined again as he has in fact improved as requested. The employer needs to calculate the average days taken off sick by the rest of the workforce and come to a conclusion of what is acceptable.

Does this mean that any further absence over and above this level will lead to dismissal
Normally an employee will need to be on a final written warning to be dismissed. However, even if this is the case, there may be circumstances where it is not appropriate to dismiss such as cases of genuine and accepted illness.

Dealing with periods of long term absence
If long term absence is an issue, the employer may wish to dismiss on the basis of capability in that the employee cannot carry out his or her role and that, as such the contract is frustrated (can no longer be effective).

How should the matter proceed
If an employee is on long term sickness then the employee needs firstly to carry out an investigation into the absence. This investigation should consider:

• the nature of the illness and the effect on the employee to carry out their role
• when or if the employee is likely to be able to return to work
• the work record of the employee and how other cases have been dealt with
• whether any reasonable adjustments to the role can be made or if there is an alternative role 

Is medical evidence required

Medical evidence should always be requested in such cases. The doctor can be asked to consider the above issues. It is always advisable to contact an independent doctor rather than the employee's own doctor. 

Does the employee have to consent to a medical report

The employee does not have to consent to a report being prepared and, if they see the report, they can request that it is not shown to the employer. They should be made aware that if there is no report then the employer will proceed on the evidence available.

What if we decide to proceed

The employer should then write to the employee stating that a meeting will take place to consider whether the employee is capable of continuing in their role. They should be provided with all of the evidence available and be reminded of their right to be accompanied to the meeting by a work colleague or union official.

Making the decision
The decision is a difficult one as it may involve terminating the employment of an otherwise helpful employee who through no fault of his or her own cannot attend work. The key issue here is how long the absence will last for and whether the business can cope with the absence of the employee in question. The more the impact upon the business and the more difficult the absence is for the employer to deal with the easier it will be to justify dismissal.
As with any dismissal there is a right of appeal and the employee should be notified of the reason in writing and how the decision was reached.

Summary

• For short term sickness give a chance to improve to agreed levels
• For long term sickness try to obtain medical evidence and consider the impact upon the company 
• Follow the disciplinary and appeals process in either case  
• Act reasoanbly and be prepared to justify any decision

This blog is our thoughts on sickness absence. It is not meant as specific advice and should not be taken as such. It should not be applied to any particular set of facts. If in doubt always seek legal advice. We are experts in employment law and HR issues and can be contacted on 01582 439795.