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Managing sickness absence

Amy Sergison & Lisa Kelly

3 October 2023

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Housekeeping

Everyone muted on entry.

There will be time for questions at the end – but do feel free to pop questions in the chat.

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Lisa Kelly

Partner

Telephone: 0191 211 7897�lisa.kelly@muckle-llp.com

Amy Sergison

Partner

Telephone: 0191 211 7995�amy.sergison@muckle-llp.com

Contact us

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What will we cover?

  • Legal considerations
  • Managing short term absence
  • Managing long term absence
  • Any questions?

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Legal considerations

  • When dismissing an employee �due to ill health, the main legal considerations are:
    • Are there any clauses in their contract or a contractual policy that we must adhere to?
    • Can they bring an unfair dismissal claim?
    • Are they disabled?

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Contract

  • Capability dismissals are usually on notice – what is the employee’s notice period?
  • What if they have exhausted their sick pay?
  • What do your policies and procedures say – are they contractual?

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Unfair dismissal

  • Less than 2 years’ continuous service?
  • Capability is a potentially fair reason for dismissal
  • Following fair process is key
  • Reasonableness of the decision to dismiss

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Disability definition

  • Tribunal determines if employee disabled for purposes of section 6 of the Equality Act 2010
    • Physical or mental impairment
    • Substantial
    • Long term effect
    • Normal day to day activities

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Employer considerations of disability

  • Reasonable adjustments
  • Not treat less favourably
  • Not treat unfavourably because of something arising in consequence of disability

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When an employee is unwell

  • Policies / procedures / contract
  • Method of communication
  • Point of contact
  • Training
  • Reason for absence and date �of return
  • Consider medical evidence
  • Paper trail
  • Contact!

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Evidence

  • Less than 7 calendar days – self certificate
  • More than 7 calendar days – note from medical professional
  • Using return to work interviews

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When absence becomes a problem

  • Short term absence
  • Long term absence

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Working with medical professionals

  • Medical evidence
  • Employee input and assessment
  • Employer consideration and assessment

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Short term absence

  • Investigate
  • Meeting with employee
  • Underlying medical condition? Disability
  • Impact and effect of absence
  • Formal warning? Time scale for improvement

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Short term absence – dismissal

  • Meetings
  • Warnings
  • Reasonable to dismiss?
  • No improvement
  • If disabled, manage under long term sickness process?
  • Appeal
  • Paper trail

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Long term absence

  • Contact!
  • Meeting with employee
  • Date of return?
  • Nature of medical condition – disability
  • Input from medical professional

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Long term absence – dismissal

  • Meetings
  • Medical input
  • Disabled? Reasonable adjustments?
  • Reasonable to dismiss?
  • Appeal
  • Paper trail

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Any questions

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Details of upcoming training

  • Free Employment case law update – Tuesday 28 November
    • Session via Zoom – 9.30am – 10.30am
    • Register via our website – www.muckle-llp.com/events
  • Practical masterclass – conducting excellent workplace investigations
    • Session via Zoom – 9.30am – 12.30pm
    • Chargeable training - £250 plus VAT plus Eventbrite fee and VAT
    • Register via our website – www.muckle-llp.com/events

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Contact us

Amy Sergison

Partner

Telephone: 0191 211 7995

amy.sergison@muckle-llp.com

Lisa Kelly

Partner

Telephone: 0191 211 7897

lisa.kelly@muckle-llp.com

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Stay updated

  • Keep updated with our legal updates / training and events
  • Please email Michela Johnson in our events team and she will opt you in – michela.johnson@muckle-llp.com

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