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Absence
Where an employee's level of illness absence may finally need the employer to think about the chance of dismissal, if that dismissal is to be judged as fair the employer must be in a position to show that : the employer was adequately informed about the employee's sickness ; and the choice to dismiss the worker was reasonable given that info.
Consultation and Debate - With the Worker there is not any set process for such consultation, the stress being on the employer taking such steps as are obligatory according to the individual circumstances of the case to assemble info on the true medical position. Full records of the absenteeism should be kept and these should be attracted to the employee's attention. Consultation and Discourse - After Medical recommendation moving on from consultation with the worker the employer should check with a doctor about the character of the employee's sickness. This might be with the employee's own doctor and / or with an independent doctor allocated by the employer. The employee's agree to such an exam will be necessary and the employer can't insist on the exam. However, if the worker will not agree to a request to be medically inspected the employer must act based on the facts which are available. In such cases an Work Tribunal would take account of the refusal and the dismissal could be fair even though, had medical opinion been available, it would be prejudiced. The employer has a duty to think about what reasonable measures could be introduced to dull such conditions of work that may be making a contribution to or aggravating the sickness ( e.g.
Stress ). Such concerns should include the chance of offering the worker alternative work should such a position be available. If there isn't any underlying sickness and no real difficulty with work, and the absenteeism is at a level to make a case for it, an alert must inevitably be considered as the next step. Dismissal Once information on the health problem has been gathered together by consultation with the worker and a doctor it may become obligatory for the employer to think about dismissal if the employee's attendance record has not managed to improve.
The factors to be weighed up on considering whether such a dismissal is fair or reasonable will include : the period of the sickness ( whether brief or permanent ) the chance of recurrence pretty often ( the disruptive effect ) the length of the numerous absences and the space of good health between them the employer's need for the work done ( finding replacements ) the length of the employee's work ( including any prior good record ) the impact of the absences on others who work with the employee ( overtime ) the amount to which the problem of the situation and the position of the employer has been made clear so the worker realizes the point of no return is approaching Records Consideration of the factors ( and the gathering of proof in respect of the same ) referred to above should start from the outset and full records should be kept. Obviously , of elemental signification are the details of the employee's contract which may provide for termination after certain levels of absenteeism. Also details of the quantity of days taken off thru sickness and their regularity should have been made clear to the worker.
The Incapacity Discrimination Act 1995 When carrying out the above process in cases of sickness absence an employer should think about whether the sickness represents an incapacity in the meaning of the Incapacity Discrimination Act 1995. This Act has implemented heavy new rights for disabled folks to stop discrimination.
See separate section on Discrimination. Discrimination happens when a disabled person is treated less favorably than other folks for a reason related to their incapacity, and this treatment can't be justified.
Consultation and debate first should be undertaken at once with the worker. The employer should attempt to find out from the worker the true nature of the diseases ). Such consultation shouldn't at this stage be deemed or called a disciplinary process or an alert about the employee's levels of absence.
Such phrases are interlinked with misconduct, and aren't suitable where it is basically an employee's capacity to perform their job due to sickness absence, which is essentially in issue. The stress at this point must be, at least ostensibly, on sympathies, understanding and compassion.
Discrimination also happens if an employer does not make reasonable adjustments to be certain that work agreements or grounds don't put a disabled person over a barrel in comparison to a non-disabled person and the failure can't be justified.
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Absence
absence sickness
sickness absence
the absence
absence management
absence leave
absence of leave
absences
leave of absence
absence policy
absence from work
absence letter
managing absence
staff absence
employee absence
sickness and absence
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sickness absence management
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authorised absence
cost of absence
long term sickness absence
managing sickness absence
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absence management policy
absence reporting
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absence recording
absence monitoring
absence policies
in my absence
leave of absence policy
reduce absence
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absence forms
sickness and absence policy
staff absence insurance
work absences
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