This document provides 10 tips for managing employee ill health and reducing absenteeism. It advises employers to carefully track absence records, conduct return-to-work interviews to determine any underlying issues, promptly issue formal warnings if needed, obtain clear medical evidence by asking targeted questions of doctors, consider reasonable adjustments to allow employees to continue working, explore alternative duties if needed, holistically consider dismissal based on illness patterns and impact, and potentially pursue a negotiated settlement in long-term cases. Common problem areas include absences related to non-medical reasons, avoiding discipline, substance abuse, malingering, and sickness caused by the employer.

1. Managing Employee Ill
Health: Top 10 Tips

2. 1. Keep and Analyse Absence Records
 Ensure that the record to-date is accurate / any previous stages of procedure
have been properly implemented.
 Consider whether this is actually a short term absence case or whether it
should more properly dealt with as a long term one.
 Is there an underlying medical condition?
 Is medical evidence required?
 How will you treat disability/pregnancy related absences? Clear and
consistent policy.

3. 2. Prioritise 'Return to Work' Interviews
 Return to work interviews = very effective tool to prevent future absence.
 Use the interview to consider:
 is there an underlying medical issue?
 is there a pattern of sickness absence?
 domestic problems? / drug or alcohol problems?
 any suggestion of bullying or harassment at work?
 any appropriate rehab measures?

4. 2. Prioritise 'Return to Work' Interviews
 Reinforces attendance is being proactively monitored.
 Ineffective/poorly recorded RTW interviews can be problematic later at
Tribunal.

5. 3. Formal Warnings: Act Promptly
If formal action is appropriate :
 Check that previous stages of procedure have been properly implemented
 Arrange interviews without delay
 Issue warning promptly where appropriate
 Confirm warning (and way forward) in writing

6. 3. Formal Warnings: Act Promptly
 Treat case on its merits at each stage
 Take into account mitigating circumstances at each stage and keep accurate
record of any reasons to discount them

7. 4. Medical Evidence: Ask the Right Questions
 The better the question, the better the answer!
 The letter of instruction to the medical adviser:
 include sufficient detail about the employee’s duties to enable practical
medical guidance
 include brief history of condition/issues at work
 consider attaching job description or details of alternative vacancies.
 ask whether the employee is ‘disabled’?
 involve the employee and his/her rep where possible

8. 5. Medical Evidence: Ask More Questions!
 Does the report make sense & answer all your questions?
 Are diagnosis and prognosis certain?
 Do you require clarification or need to await outstanding test results / upcoming
treatment, etc.?

9. 5. Medical Evidence: Ask More Questions!
If there is confusion/uncertainty:
 Share/discuss medical reports with the employee
 Conflicting medical reports – be proactive!
 Aiming for 'joined up' medical guidance – OH/Employee's own GP/Specialist/Fit
for Work Service.

10. 6. Challenge sickness claims with caution
 Are surveillance/covert monitoring ever appropriate?
 ICO V Caerphilly
 ‘Last resort’ – consider less intrusive methods
 Undertaking alternative work/leisure activities/going on holiday may not
necessarily mean employee is not sick!
 Investigate concerns through referral to OH provider/medical professional.

11. 6. Challenge sickness claims with caution
 Dishonesty/exaggeration can be dealt with as a conduct issue (following proper
investigation)
 City and County of Swansea v Gayle
 Covert surveillance did not make dismissal unfair

12. 7. Reasonable Adjustments: Every case is different
 Duty to properly consider adjustments to enable employee to stay in existing
job.
 Appropriate adjustments can enable better attendance/earlier return.
 Tailor adjustment to employee
 What is specific ‘substantial disadvantage’ suffered?
 How practically can it be ameliorated?
 Communication with employee and reference to medical evidence is key.

13. 7. Reasonable Adjustments: Every case is different
Reasonable adjustments may include:
 re-allocating duties
 altering working hours
 assigning to a different place of work or training, or arranging homeworking
 time off for rehabilitation, assessment or treatment

14. 7. Reasonable Adjustments: Every case is different
 Arranging training / mentoring for the disabled person & others
 acquiring or modifying equipment, instructions, etc.
 permitting flexible working
 permitting some additional leave

15. 8. Reasonable Adjustments: ‘Scope Out’ Alternative
Duties
 Important to properly consider alternative duties (with or without accompanying
adjustments) where employee unable to perform their own role.
 Investigate vacancies exist within the business (e.g. at other sites/units)
 Frame your enquiries positively!
 Maintain adequate paper trail to evidence when no alternative duties exist

16. 8. Reasonable Adjustments: ‘Scope Out’ Alternative
Duties
 Transferring the disabled person to an existing vacancy:
 Archibald v Fife
 Chief Constable of South Yorkshire Police v Jelic

17. 9. Deciding to Dismiss: Consider the whole picture
Managerial decision in light of medical evidence. Consider:
 nature of illness and likelihood of recurrence
 no. & length of absences / periods of interim good health
 no. of warnings previously given
 impact of absences on the business / colleagues
 consistency of treatment re other employees with similar records

18. 9. Deciding to Dismiss: Consider the whole picture
 employee’s length of service and overall absence history
 mitigating circumstances
 whether in all the circumstances it would be reasonable to give the employee
‘another chance’

19. 10. Consider Negotiated Settlement
 Settlement Agreement can be useful term in long-term ill-health cases.
 Lump sum payment to employee to leave on mutually agreed terms – no
‘dismissal’ required.
 New rules on pre-termination negotiations (S111a ERA 1996) mean content of
discussions will be inadmissible in later unfair dismissal claim.
 Seek legal advice if considering negotiated settlement.

20. Common Problem Areas
 Work-related – but not medical – reasons for absence
 Sickness absence to avoid disciplinary procedure
 Absences related to drug / alcohol problem
 Malingerers
 Sickness caused by the employer

21. Need help?
For more information, please contact:
Phil Allen
Partner
E: phil.allen@weightmans.com
T: +44 (0)161 214 0504