When managing sickness absence, employers have to balance the duty to support and ensure the employee is supported and receives what they are entitled to, while ensuring the needs of their organisation are protected.
In cases of long term sickness absence, there may come a point when the employer has to consider if the situation is no longer tenable, and that disciplinary action may be appropriate. Employers and line managers have to tread carefully here. This is because, among other things, too many sick days may be a capability rather than a disciplinary issue, unless absences are unauthorised.
Yet the reality is, a decision must be made as to when it is reasonable to take any action, which could include a decision to dismiss, either for persistent short-term or long-term sick leave.
In this guide, we answer key questions about sickness absence, such as how many sick days should be allowed before taking disciplinary action. We also look at the rules relating to sick leave, including employee entitlements to time off work and paid leave, and the respective obligations of the employer and employee around sickness absence. Finally, we set out best practice advice on the procedure to be followed when instigating disciplinary or capability proceedings, having regard to the consequences of dismissing an employee because of too many sick days.
Talk to us if you need help today:
hello@davidsonmorris.com
davidsonmorris.com
020 7494 0118
