Dealing with Absenteeism
The level of absenteeism by way of frequent short-term sickness absence is an issue of serious concern to most businesses. The employer should deal carefully and sympathetically with disabled employees and those who are absent through long-term illness but businesses are entitled to adopt rigorous standards when it comes to dealing with frequent short-term absence for various unrelated reasons.
The first method of dealing with absenteeism is through financial incentives. The employer might monthly bonuses for 100% attendance and, at the same time, pay no sick pay at all for the first three days of sickness absence.
The alternative is to adopt an absenteeism policy and follow a disciplinary approach. The law allows employers to issue warnings and then dismiss employees who fail to meet the established standards of attendance. For example, some polices provide that employees will be issued with a written warning after four separate periods of sickness absence in any rolling twelve month period. The employee progresses to a final written warning after two further periods of sickness absence in the following six months and is then dismissed if there are two further periods of sickness absence in the final six months. This kind of absenteeism policy will generally be upheld by the Employment Tribunal and any dismissal will be found to be fair.
In order to justify dismissal on the basis of the disciplinary approach, the employer will need to have complied with certain standards including:-
(a) The employer should set out attendance standards in a policy made known to employees to ensure that employees know where they stand and that there is consistency between employees.
(b) The employee should not be given warnings or be dismissed without a formal disciplinary hearing and a right to appeal.
(c) The employer needs to check that the frequent short term absences are not all linked and are part of one underlying condition. If there is an underlying condition, then the employer must follow a different (and more complex) process prior to dismissal.
(d) The employer must assume that all sickness absences are genuine. The allegation that a particular sickness absence is not genuine is an allegation of misconduct and is a quite separate matter.
(e) There are certain kinds of sickness absence that need to be disregarded as part of an absenteeism policy and this includes any sickness absence relating to pregnancy as well as time off to look after dependents and for various kinds of statutory leave.
Assuming that the above conditions are satisfied and the employer has properly followed an established absenteeism policy, the employee who is dismissed is almost certain to lose an unfair dismissal claim. In practice, the introduction of a rigorous absenteeism policy can have a positive effect on attendance levels.
If you would like further information about absenteeism policies and related issues, then contact Paul Archer or Helen Climance at Lemon & Co Solicitors on 01793 527 141.
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<p><strong><a href="http://www.lemon-co.co.uk/article_dealing-with-absenteeism.php">Dealing with Absenteeism</a></strong><br />
The level of absenteeism by way of frequent short-term sickness absence is an issue of serious concern to most businesses. The employer should deal carefully and sympathetically with disabled employees and those who are absent through long-term illness but businesses are entitled to adopt rigorous standards when it comes to dealing with frequent short-term absence for various unrelated reasons...</p>