Case study - employee sickness absence

Background

Our client wanted us to assist with dealing with some recurring short term absences which were taking place within its contact centre. There was a concern that certain employees were more frequently calling in sick on Mondays and Fridays and that these instances of sickness could be ungenuine, and they were also becoming increasingly disruptive to the rest of the team. At the same workplace, there was an employee who had been off on long term sick leave for over a year. That employee had exhausted their right to SSP.

Client objectives

• The client wanted employees to understand that recurrent problem absence might result in disciplinary action as a potential outcome, if it was discovered that the absences were not genuine.

• For longer term sickness absence the client wanted a more comprehensive sickness absence policy drawn up to ensure a clear and consistent approach for all employees.

• To reach some kind of outcome with the employee who was on a very long sick leave.

Legal advice and support we provided to our clients

• We advised the HR Director on the legal issues and risks of dealing with suspected non-genuine sickness absences as conduct based disciplinary issues and on implementing changes and additions to workplace policies on sickness absence.

• We drafted an absence management policy.

• We advised our employer client on the options and risks with the employee on very long term sick leave. Ultimately, a mutual employment termination was agreed and the employee entered into a Settlement Agreement.