Managing Sickness Absence

If you run a business and employ a workforce then sickness absence is unavoidable. As such, any sickness absence must be effectively managed as it not only has a commercial effect but it can also have a detrimental effect on staff morale.

Staff who are at work often complain that they are “carrying the load” for the absent employee particularly if that the employee is frequently off sick or is on long term sickness absence.

Of course, the majority of employees often feel guilty for being off ill and feel as if they are letting down both their employer and their colleagues. Equally, most employers understand that their staff’s health is of paramount importance and are sympathetic.

However, there is no statutory right to sickness absence (albeit there is an express statutory right to sick pay) and there are some who do abuse the system. Therefore, having an effective policy in place will help employers to deal with sickness absence consistently and fairly.

On the flip side, there are some employers and/or managers who shy away from managing sickness absence. Managers often consider that in cases of “genuine sickness”, it is wrong for them to adopt any procedures to manage the sickness absence. They are concerned that if they contact the employee it may cause further stress for the employee and they do not want to be responsible for exacerbating their illness. They do not appreciate that not doing anything at all can be considered to be a breach of the employer’s contractual duty of care towards an employee.

When an employee is off sick the employer will need to consider certain issues including:-

What is the reason for the absence and the likely date of return? Is further medical information needed? This may involve seeking a medical report.

What is the level of previous sickness absence and is it a cause for concern? Are there any concerns regarding stress at work or are there any doubts about sickness being the real reason for the absence?

Is the absence likely to be long-term? If so, you will need to assess the likely impact of the absence e.g., is temporary cover required? Is the absence related to a disability and do any reasonable adjustments need to be considered? Do you need further medical information from the employee or to put in place supportive measures?

Is dismissal appropriate? If so, a fair sickness absence procedure must be followed.

When adopting the sickness absence procedures, managers must ensure that they keep accurate records of all meetings and correspondence. Any telephone conversations between managers and employees should also be noted and ideally followed up by way of letter summarising what was discussed and identifying any agreed action plans. Ultimately, if an employee is subsequently dismissed and proceeds to bring a tribunal claim for unfair dismissal, the Tribunal will look at any relevant evidence to establish whether the employer has acted reasonably in reaching the decision to dismiss on grounds of capability. It is always worth considering at an early stage obtaining employment law advice in order to consider your options so that informed decision and appropriate action can be taken.