Sickness absence can be hugely disruptive to employers both in terms of lost time and money. Employers need to tread carefully when managing employee absence to avoid the risk of claims from employees.
Pre-emptive action is often the best approach. We can draft sickness policies which deter malingerers, 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 needed. 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 the dismissal of an employee who is absent from work on sickness grounds, we can advise on how to carry out this process fairly, to minimise the potential for unfair dismissal and disability discrimination claims. When an employee is suffering from a condition covered by the Equality Act 2010, reasonable adjustments must be made to help them return to work. Failure to do so could result in compensation claims for discrimination on the grounds of disability.
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 absence effectively, without falling foul of the law.
Our employee absence specialists are part of our London based employer law team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.