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Childcare Counsel – dealing proactively with long-term sickness

Hannah Francis-Hopkins, solicitor at Morgan LaRoche, on best ways to manage sickness absence
'Try to ascertain the nature and the cause of the sickness'.
'Try to ascertain the nature and the cause of the sickness'.

Managing sickness absence has always been an issue for HR. The issues that can arise if sickness absence is not managed effectively can include not only financial costs but also loss of productivity, an impact on both staff morale and customer service and a waste of management time if not dealt with appropriately.

The management of long-term sickness absence should be dealt with proactively by following a fair procedure from your organisation’s sickness absence policy. Effective communication and engagement should be applied for successful management of the absence – engage early on and keep in touch (keep records of every contact you make). The main objective should be facilitating the employee’s return to work at the earliest opportunity, and dismissal should be a last resort.

Try to ascertain the nature and cause of the absence – this is usually going to require some form of medical evidence (a report, with the employee’s consent, from a GP or occupational health, for example), which will need to be kept up to date as the absence continues. Medical evidence will also be important in ascertaining whether the employee has a disability, for which you will need to make reasonable adjustments to support a return to work.

If a return to work isn’t looking imminent, you may want to consider meeting formally with the employee. In these meetings, you will want to cover the employee’s current state of health and medical evidence, the impact their absence is having on the business, the likely timing of their return to work, possible adjustments and support to facilitate a return to work and agreeing a review date. Ensure that the employee has had a proper opportunity to raise questions and issues, and for you to consider them.

If a return to work does not appear likely, you may wish to consider dismissal. Please feel free to contact us to support and guide you through long-term ill-health dismissals, as this can be a tricky and potentially litigious area that requires expert advice.