Sickness absence costs employers millions of pounds each year through sick pay and the cost of temporary replacement staff.  In addition, sickness absence can cause severe disruption to an employer's business.  Consequently, the management of both long-term and short-term absence is an integral part of a successful business.

 

In cases of long-term absence, employers are unable to permanently replace or dismiss an absent employee without undergoing a thorough ill-health management process.  A failure to do so can lead to an expensive unfair dismissal or disability discrimination claim.  Employers who are reluctant to address long-term sickness absence for fear of a claim may find an employee's absence spans months or even years.  This can create a minefield of issues, particularly if that employee has the right to Permanent Health Insurace, or in connection with annual leave.

 

In cases of repeated short-term absence, an employer may believe that the employee is not genuinely ill and is abusing their right to sick pay.  However, whilst in some circumstances this may be correct and disciplinary action is appropriate, employers should also explore the possibility that there may be an underlying condition which causes the absence.

 

The Employment Department are very experienced in advising corporate clients regarding absence management in cases of both long and short-term absenteeism.  This can include providing advice and guidance on the process to be followed, gaining appropriate medical advice on the employee's condition and advising on the implementation of any reasonable adjustments suggested.  In addition, the Team can assist companies with managing the situation where the sickness absence is not genuine, or where the employee's return to work is unlikely.

 

The Team has also acted for many employees who have experienced unfair treatment from their employer on the grounds of their sickness absence.  This can include drafting a grievance against the employer and bringing unfair dismissal and disability discrimination claims on the employee's behalf.