Longtermillhealth
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The document provides guidance on handling long-term employee absences. It recommends taking a sympathetic but pragmatic approach, making reasonable adjustments where possible, and acting reasonably and fairly. Key factors to consider include the duration of employment, expected remaining employment, the job requirements, past absence record, the health issue's nature/length, and business needs. The process involves consultation, obtaining medical information with employee consent, considering alternative duties, and potentially dismissal with notice or a right to appeal.
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Longtermillhealth
- 1. My employee has been off sick for ages!
- 2. THE APPROACH Question of capability as opposed to conduct Take a sympathetic but pragmatic approach Make reasonable adjustments where appropriate Act reasonably and fairly
- 3. KEY FACTORS Duration of employment Expected remainder of employment Nature of the job Past absence record Nature, effect and anticipated length of the health problem Commercial requirements of the business Can someone else carry out the role? Is employee expected to return to work? Availability of an alternative position
- 5. WHAT IS REQUIRED? Obtain information on employees illness Make enquiries with the employee Consult with employee’s medical advisors, but make sure that you get the employee’s written consent beforehand Request employee undergo examination with company medical advisors
- 6. THE MEDICAL REPORT You will need a written medical report from employee’s consultant Requires written consent from the employee Inform doctor that employee may see the report Allow employee access to the report If employee fails to co-operate inform them that a decision will be based solely on the information available at that time
- 7. WHERE NEXT? Dismissal or agreed exit Phased return to work This will depend on the contents of the medical report
- 8. DISMISSAL Inform employee of possibility of termination Hold further meeting discussing possibility of dismissal Base decision on information received during consultation exercise Give employee the required notice Inform employee of any right to appeal Put all information, decision and appeals process in a final letter to the employee
- 9. THE MEETING Check employee received all information sent Check they understand purpose of the meeting Ensure they are happy if alone/know they have right to a companion Keep an open mind during the hearing Allow employee to respond to allegations DO NOT indicate a decision has been made
- 10. COMMUNICATING THE DECISION Give reason for decision Tell them the last date of employment If they have notice, tell them length Inform them they are entitled to outstanding holiday Inform employee they have right to appeal within a set a time frame and tell them how & who to appeal to
- 11. THE APPEAL Please see the appeals video if the employee chooses to appeal
Editor's Notes
- In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim