Our News
Deal With Short Term Absences Now to Avoid Swine Flu Crisis- 23/09/2009
Organisations need to reduce persistent short term absenteeism from work now, so that they can cope with the potential effects of the on-going Swine Flu pandemic this winter, according to a leading Midlands’ employment lawyer.
Alasdair Hobbs, Partner and Head of Employment at West Midlands’ law firm FBC Manby Bowdler, says that managers need to take positive action to deal with workers who persistently take “sickies”, either ensuring they return to work full time, or replacing them with another.
“The average private sector worker takes off only six days sick leave per year, but many organisations still employ people who continue to take many more days off sick,” says Mr Hobbs, who is based in FBC Manby Bowdler’s Wolverhampton office.
“Persistent short-term absenteeism is frustrating for all employers and it can be extremely difficult to manage and plan for. It can also be expensive due to the cost of lost production, replacement labour and company sick pay. The morale of other workers may also be affected if a few employees are regularly absent. Add this short term absenteeism to the expected effects of Swine Flu and many organisations will struggle this winter.
Mr Hobbs continues: “In the depths of the recession, many employers took the opportunity to use redundancy as an excuse to rid themselves of workers who were consistently off sick, but with the recovery underway and employees stretched, any worker who is let go now will have to replaced. But, it is vital that employers do this legally, otherwise they will be facing the potential costs and embarrassment of an Employment Tribunal ruling against them.”
According to Mr Hobbs, in order to be able to resolve the situation of worker who is persistently absent, employers must monitor all staff absences for work and assess the patterns in those absences.
He says: “There are a number of possible reasons for persistent short-term absences - a series of minor unconnected ailments, such as colds and stomach upsets; recurrent conditions such as back problems or asthma; and family, personal or childcare problems.
“Many employers accept that a certain number of such absences are unavoidable, but at some point the employer must be able to assess these absences and look at the employee’s fitness for work.
“In addition to absence for genuine reasons, some employees simply do not want to go to work. They could be taking advantage of the self-certification scheme or abusing agreed time-off arrangements.
“It can be time consuming, but employers must consider the reason behind each absence and investigate it thoroughly, acting in a consistent and clear manner to ensure that any action or disciplinary can be seen as fair.
“Sometimes this process can uncover hidden family or medical problems which the employer can help the employee to resolve and become a fully productive worker again, and of course the employer needs to take account of the Disability Discrimination Act and the rights of carers to ask for shorter working periods. On the other hand, if there is no good reason for the persistent absences then a fully documented disciplinary procedure can run potentially as far as dismissal,” says Mr Hobbs.
FBC Manby Bowdler will outline the regulations and processes for employers dealing with persistent short term absence at a seminar on Absence Management at FBC Manby Bowdler’s offices in Wolverhampton on Wednesday 30 September. The seminar will also provide an update on the legislation changes and caselaw decided over the past few months.