Employee absence can be a significant cost to businesses and effective sickness absence management involves finding a balance between providing support to help employees with health problems stay in and return to work and taking consistent and firm action against employees who try to take advantage. This session gives an informative overview of sickness absence, focussing on: Putting procedures in place Managing absence Return to work Problem areas - pregnancy related illness; holidays & sickness; notice pay Long term absence Dismissal - capability Potential claims - unfair dismissal Disability discrimination Pregnancy related claims New proposals for dealing with sickness absence

1. The Business Case for Managing
Absence Proactively
Donna Ingleby
Ed Jenneson

2. The Review - Health at Work

3. Objective
“To avoid the sick note culture”
“To balance the costs of sickness absence between
individuals, employers and the state”

4. Recommendations
• Independent Assessment Service - IAS
• Review of fit note guidance
• Absence Management Policies
• Increased reliance on “protected conversations”
• Universal Job Match

5. Potential Claims
• Personal injury;
• Failure to provide a safe system of work;
• Discrimination and harassment;
• Unfair dismissal;
• Disability discrimination:
– direct discrimination;
– discrimination arising from a disability;
– indirect discrimination;
– reasonable adjustments;
– harassment; and
– victimisation

6. Routine Absence
• Medical or dental emergencies

7. Statutory or Contractual Sick
Pay

8. Practical Issues
• The telephone call
• Reasons for absence;
• Genuine or not?
• Return to work interviews;
• Evidence of absence;
• Self-certification;
• Statement of fitness to work;
• Keeping in touch;
• Paper trail; and
• Activities during sick leave

9. Genuine Illness
• Obtaining medical evidence
• “May be fit” certificate
• Doctors Report
• Occupational Health
• Risk Assessment
• Reasonable adjustments
• Access to Medical Reports 1988
• Data Protection Act 1998

10. Long Term Absence
• First formal meeting:
– Reasons for absence
– Likely return date
– Arrangements for contact/meetings
– Further review of medical illness
– Return to work
– Reasonable adjustments
– Whether person has a disability

11. Short Term Absence
• First formal meeting
– To determine whether absence is a result of a health issue or
problems at work.
– Effect of the pattern of absence on colleagues, the department,
the business.
– The likelihood of continuing absence.
– Whether changes to the employee’s job would assist.
– Whether employee has a disability.
– Reasonable adjustments.
– A formal warning

12. Practical Considerations regarding the
meeting
• Role of line manager or HR
• Venue
• The right to be accompanied:
– Reasonable adjustments

13. Disability Discrimination
Definition:
• A person (P) has a disability if:
– P has a physical or mental impairment; and
– the impairment has a substantial and long term adverse effect on
P’s ability to carry out normal day to day activities.

14. Disability
• Deemed disabilities:
– blindness, severe sight impairment, sight impairment and partial
sightedness (if certified)
– Severe disfigurements (not tattoos and piercings)
– Cancer, HIV infection and MS

15. Excluded Conditions
• Addiction to alcohol, nicotine or any other substance
(this does not apply where the addiction was originally
the result of the administration of medically prescribed
drugs or other medical treatment)
• Tendency to set fires, steal, or the physical or sexual
abuse of other persons
• Exhibitionism
• Voyeurism
• Tattoos and body piercing
• Hayfever

16. Reasonable Adjustments
• The duty can arise where a disabled person is placed at
a substantial disadvantage by:
– An employer’s provision, criterion or practice.
– A physical feature of an employer’s premises.
– An employer’s failure to provide an auxiliary aid.
An employer will not be obliged to make reasonable
adjustments unless it knows or ought reasonably to know
that the individual in question is disabled and likely to be
placed at a substantial disadvantage because of their
disability

17. Whether dismissal is
appropriate

18. Whether a Settlement
Agreement is appropriate

19. Other Vexing Questions
• Holiday and sickness absence
• Notice Pay
• Maternity, paternity and parental leave

20. Any questions?

21. Donna Ingleby
Partner, Head of Employment
donna.ingleby@rollits.com
01482 337314
Ed Jenneson
Partner
edward.jenneson@rollits.com
01482 337341