One of the significant costs plaguing UK business is sickness absence, and not all employers are aware of their rights on how to manage it. Victoria Cook provides a handy guide.
A recent study of U.K. businesses indicated that levels of sickness absence have lowered due to workers’ fears of losing their jobs in the current economic climate.[1] However, long and short-term sickness absence is costly for employers and remains a key management concern. The following top tips provide practical suggestions for dealing with this issue. [2]
- Identify the reason for the absence
The reason for long-term absence is usually clear; a broken leg or a particular illness. For employees who have frequent short term absences, there may be a number of underlying reasons. By identifying the cause an employer can build a picture of the nature of the absence, assess whether it is a genuine illness or a disciplinary matter and determine how it should be dealt with. Employers should consider whether there is a particular pattern to the absence: Is repeated absences on Mondays due to a socially active weekend? Does the absence coincide with the presence of a particular member of staff or undertaking a particular type of work? Does the absence coincide with the days on which the employee undertakes a particular hobby?
- Conduct return to work meetings
Return to work meetings perform a key role in managing short-term absence. They provide a useful opportunity for an employer to discuss the nature of the employee’s absence and consider any background issues. Employers should be able to identify whether there is an underlying health issue, whether further investigation is required, for example, for stress or potential bullying, or whether the absence should be dealt with as a disciplinary issue. Simply questioning these aspects may encourage an employee to re-evaluate the reason behind their absence or re-assess their behaviour.
- Keep in contact with absent employees
Employers are often nervous about contacting employees who are absent, but a sensitive approach to contact can assist in the management of absence and help employees to return to work. Contact helps to keep employees engaged with their ‘normal life’ and prevents isolation and disengagement with work. This can be in writing, by telephone or by e-mail or a combination of all three and should be agreed with the employee. Caution should of course be exercised if any medical evidence specifically states that contact should be avoided. An employee is not under any general obligation to keep in touch with an employer, other than to provide medical certificates or as required by their contract, or the organisation’s sickness absence policy. It is therefore helpful if maintaining regular contact is an element that is included in an employer’s absence management policy.
Keeping good records for both short and long-term absences is key to good management. All communications between the employer and the employee should be documented, including telephone calls, return to work meetings, any discussions with medical advisers or with the employee concerning reasonable adjustments. In the case of short-term absences, good recording keeping will assist the employer to identify patterns for absence. In the case of long-term absence, a paper trail will assist the employer in decision-making and is essential in defending any Tribunal claims for unfair dismissal or disability discrimination.
Medical reports are a useful resource in managing both short-term and long-term sickness absence. In cases of frequent short-term absence, if the employer believes that there may be an underlying medical condition, a medical report may help the employer understand the nature of the problem. A medical report for short-term absence should focus on the reasons for the absence and advice on management of any condition.
In cases of long-term absence, a more detailed report may be required. Employers should request information on the nature and likely length of the illness, whether the condition is work-related, when the employee may be able to return to work, whether there are any recommended reasonable adjustments and whether the employee’s condition may to amount to a disability.
Medical reports can be requested from the employee’s GP or consultant, the occupational health department (if there is one) or the company doctor. If the employee’s GP or consultant prepares a report, the employer will need to obtain the employee’s consent under the Access to Medical Reports Act 1988 and the employee will have a right to review the report before it is sent to the employer. Employers often find that a report obtained from a company doctor or occupational health department is more objective than that of an employee’s own GP.
If medical evidence is obtained, it is important that this is discussed with the individual and a face-to-face meeting is always preferable. In cases of an underlying condition to short-term absences, employers should discuss how this can be effectively managed at work.
In cases of long-term absence, the discussion will focus on the employee’s progress, when the employee is likely to return to work and whether there are any ways in which the employer could facilitate that return. It may be that the employee is not able or not comfortable attending work for a face-to-face meeting. Employers should offer alternative options, such as meeting at the employee’s home, at a more convenient location, or conducting the meeting by telephone. The discussion should consider the recommendations or comments made in any medical report and the employee’s response to this.
- Consider reasonable adjustments
If an employee is disabled, an employer has a duty under the Disability Discrimination Act 1995 to consider reasonable adjustments. The duty to consider adjustments is broad. It can include physical adaptations to premises, modifying equipment, providing support and assistance or less obvious examples, such as reducing working hours, reducing targets, phased returns to full capacity, changing working times, adapting duties and considering a transfer to any existing vacancies. An employer should be creative with the adjustments it considers and should discuss these thoroughly with the employee. In cases of long-term absence where the employee may not be considered to be disabled, it remains good practice to consider adjustments that would help them return to the workplace.
- Address issues concerning stress
In cases where stress is referred to in medical certificates or reports, an employer should investigate the cause of the stress with the employee and manage an employee’s return to work taking this into consideration. A return to work plan should be agreed to minimise the risk that a further period of stress could lead to a personal injury claim. Employers could be at risk of such a claim if they were aware or should have been aware that the employee was suffering from stress and did not address the situation. While stress itself may not amount to a disability under the Disability Discrimination Act, stress-related conditions, such as depression, could be regarded as a disability and therefore employers should consider reasonable adjustments in the usual way.
In cases of short-term absence disciplinary warnings can be used to improve attendance. The employee should first be given targets and a timescale for improving attendance. They should be informed that disciplinary action will follow if the improvements are not made. For short-term absences related to underlying medical conditions, reasonable adjustments should be considered before formal procedures are commenced and should be reviewed throughout the process.
In cases where there is no valid reason for absences, or the employee had breached the employer’s absence reporting procedure, disciplinary action can be considered.
In cases of long-term absence or cases where the employee is disabled, a more cautious approach should be taken and the duty to consider reasonable adjustments observed.
For issues concerning short-term absences if a series of warnings has been issued, dismissal on grounds of conduct or performance may be considered. In cases of long-term absence where it is unlikely that the employee will return to work in the foreseeable future and the employer has met its duty to consider adjustments, a dismissal on capability grounds may be considered. In all cases where disciplinary warnings or dismissal will be considered, an employer should observe its own disciplinary or capability policies and follow the principles outlined in the ACAS Code of Practice.[3]
[1] Aviva U.K. Health Early Intervention Prevention Report 2010
[2] See also ‘Not in today’ by Louise McCartney in The People Bulletin, 22 May 2009.
[3] See also ‘The practicalities of discipline’ by Jane Klauber in The People Bulletin, 31 July 2009.