In navigating the complexities of long-term sickness absence, employers must address key considerations to ensure compliance and fairness.
- Employers must seek medical evidence to make informed decisions regarding an employee’s long-term absence.
- Specialist occupational health advice is crucial in assessing an employee’s capacity to return to work and necessary adjustments.
- Understanding legal obligations for reasonable adjustments under the Equality Act 2010 is essential.
- Employers should evaluate the feasibility of dismissal if no return to work is anticipated, following proper procedures.
- Following a structured process for termination is critical if long-term absence leads to consideration of ending employment.
Employers facing long-term sickness absence must first secure medical evidence, which entails obtaining employee consent to contact healthcare professionals for a detailed medical report. It is crucial that consent and communication are compliant with legal standards, ensuring that necessary information is gathered to inform decisions about the employee’s capacity to return to work.
GPs often hesitate to suggest workplace adjustments, making occupational health reports indispensable. Employers need the employee’s consent to commission these reports, which provide guidance on adjustments that facilitate a safe return to work. Employers usually have the right, as stated in employment contracts, to require medical examinations at their expense to gather this critical information.
Legal duty to consider reasonable adjustments arises when an employee is classified as disabled under the Equality Act 2010. Adjustments are deemed reasonable based on their effectiveness, practicality, costs involved, and employer resources. Examples include duty reassignment and altered working conditions, especially prominent with the rise of home working post-pandemic.
When considering dismissal due to incapacity to return, employers should rely on comprehensive medical evidence to understand the condition’s impact on work capabilities. The decision must weigh the absence’s business impact, with the understanding that smaller employers might find prolonged absences more challenging to manage.
A formal process must be followed for termination decisions, engaging the employee in meetings to discuss attendance and the possibility of job termination. Employees must be informed of their rights and allowed representation. If necessary, meetings can be held remotely. Ensuring compliance with notice obligations is essential, as is documenting the decision process thoroughly and providing the employee with a written outcome.
Thorough adherence to legal and procedural guidelines is essential for fair management of long-term sickness absence.
