Dealing with Sickness Absence
Dealing with sickness absence can be challenging for employers. Such absence can be highly costly, especially for employers offering company sick pay. Because of the high levels of protection afforded to employees with disabilities, employment law advice should be sought and followed especially before any disciplinary action or dismissal is taken. HR will often be pressurised by management to deal swiftly with sickness absence, but this may not always be possible without causing a legal risk to the business.
David can advise you on what steps you need to take to comply with your legal obligations and how to respond legally to short and long-term sickness absence.
Knee-jerk reactions to short-term sickness absence, where there may be an underlying cause, should be avoided. Sickness absence can be addressed by following specialist employment law advice.
It may be possible for an employer to dismiss an employee on long-term sickness absence provided, they have first complied with their legal obligations.
Because awards for disability discrimination are uncapped and can be very substantial, you should take specialist advice before responding to such absence (with a view to dismissing the employee).
Ignoring staff on long-term sickness is not an option, as this approach will only store up future issues and may trigger access to permanent health insurance, which could substantially increase your premiums.
David provides a clear, step-by-step advice to employers dealing with such absence and the correct process to be followed.
The advice can include assistance with getting guidance from occupational health on possible reasonable adjustments.
Where you have issues with persistent short-term sickness absences which are not disability-related, David can work with you to devise an approach that sends a clear message to your employees that such absences will not be tolerated.
David can also help you review and update your sickness-related policies.
If you need support in dealing with sickness absence, please contact David on 020 3603 2177.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
