Dealing with Employee Absence

Why choose Hodge Jones & Allen Solicitors?

At Hodge Jones & Allen Solicitors, we believe that pre-emptive action is often the best approach. We can draft sickness policies which deter malingering, whilst helping staff who may need support at a difficult time. We can also draft clauses into employment contracts to ensure medical assessments can be carried out if required. Should a medical report be needed, there are specific legal requirements to be followed in order to obtain such a report.

If you are considering dismissing an employee who is absent from work on sickness grounds, we can advise you how to carry out the process fairly and to minimise the potential for any complaints and legal claims. When an employee is suffering from a condition which is considered a disability under the Equality Act 2010, you should be mindful of your obligation to make reasonable adjustments, this can include making adjustments which will assist the employee in returning to work.

Dealing with sickness absence of whatever kind can be a sensitive matter, with many potential pitfalls. Our skilled solicitors use their in-depth knowledge of employment legislation and best practice to advise employers on how to deal with absences effectively, without falling foul of the law.

Featured case

Successfully negotiated mutual termination for client

Following the long-term absence of an employee, the business sought to remove the employee on the grounds that he was no longer capable of doing his role. The client sought advice after it had received a lengthy grievance from the employee alleging disability discrimination and potential unfair dismissal. We assisted our client in investigating the grievance, ensuring the business would be able to justify its position. Obtained medical evidence, which was helpful to our client and negotiated a mutual termination which was cost effective and favourable to our client.