Sickness absence management is a complex challenge for employers, particularly when linked to disabilities, necessitating a cautious approach to avoid legal claims.
- Employers must define incapacity terms in employment contracts or sickness policies, ensuring fair and consistent application by managers.
- Monitoring absences and maintaining dialogue can help address long-term absences, with medical advice facilitating adjustments for employee returns.
- For unclear return prospects, further meetings should explore role performance abilities and alternative options, such as redeployment.
- Avoiding claims of unfair dismissal requires a comprehensive and documented approach, including obtaining medical evidence and exploring all options.
Managing sickness absence is notoriously challenging for employers, especially when the reasons are linked to disabilities. A sensitive and considered approach is crucial to avoid potential claims. Employers are advised to outline clear terms and conditions related to incapacity in employee contracts or, more commonly, through a designated sickness absence policy. This ensures a structured procedure for managing absences and clarifies both employer and employee expectations. Consistent application of these provisions by managers is vital to prevent feelings of singling out any employees.
Employers should carefully monitor all absences while maintaining open communication with employees about their well-being, anticipated absence length, and coverage of their workload. In cases of persistent or prolonged absences, obtaining medical advice through an Occupational Health referral can be invaluable. This provides insight into the employee’s condition, potential return-to-work scenarios, and any necessary adjustments or support—such as a phased return or temporary duty changes.
When a return to work is feasible, arranging a ‘return to work meeting’ to discuss medical advice and future absence prevention is essential. This typically involves agreeing on specific timeframes and methods for implementing any necessary adjustments, fulfilling the employer’s duty under the Equality Act 2010 to make reasonable adjustments for disabled employees.
However, if it’s uncertain whether an employee can return to work in the near future, additional discussions are needed to assess their abilities and explore alternatives, such as redeployment to a different role. Should the employee be unlikely to return, a final meeting should be convened to discuss potential dismissal, providing clear reasons and offering a right of appeal.
Employers must tread carefully in cases of potential dismissal due to sickness absence. An Employment Tribunal expects a thoroughly documented and considerate approach, ensuring all possible alternatives have been explored. This includes detailed records of all interactions, decisions, and medical consultations to avoid claims of unfair dismissal or disability discrimination.
Handling sickness absence requires a careful, documented approach to ensure compliance and fairness.
