The Cost of Staff Absence: Can it be sorted? (Employment News, June 2007)

Reducing the cost and impact of staff absence would have many advantages, such as reducing sick pay, increasing productivity and morale and reducing the amount of claims. This article considers what types of sickness absence can arise, how employers can deal with them and provides a few useful pointers in proactively managing the issues. 

Generally staff absence can be divided into three main categories: short term occasional absence, short term persistent absence and long term absence.  It is important to remember that staff absence requires to be managed in different ways depending upon the nature and reason for it.

Short Term Absences

Short term absences tend to be unexpected and often unavoidable, for example, where employees are suffering from colds, flu and headaches etc.  However, short term persistent absences and long term absences can in certain cases be avoided or minimised. It is important to address all absences in a consistent and thorough way.

Persistent short term absence can often be for apparently unrelated reasons. However, employers should be mindful of the potential for there being other reasons for such absences, which could be work related.

In order to reduce the number of such absences and to understand the reason for them, it is essential to have a clear and up to date absence management policy which outlines the procedures to be followed.  This reduces scope for ambiguity and helps ensure that absences are dealt with consistently and that staff know the procedure to be adopted following absence from work. 

Return to work interviews should follow every period of absence to obtain an explanation for absence. This could reduce the number of so called “duvet days” taken by employees if employees are required to account for absence (as opposed to simply completing self certificates). 

Staff absence needs to be addressed sensitively.  It should be made clear to employees that the aim of the relevant procedures is to allow the employer to identify and address issues of concern, particularly those relating to workload and management styles etc which employers have the power to manage and change. 

Employers should also ensure they have employee consent to obtain a GP’s Report (which can be obtained within the contract of employment and/or the absence management policy).

Where there has been repeated short term absence or where short term absence has become long term (the duration of which may differ depending upon the circumstances) such a Report should be sought to identify:

• A diagnosis of the problem (i.e. What precisely is wrong with the employee that is causing the absence?),
• The GP’s prognosis (i.e. How long is the illness likely to last?); and
• What can the employer do to try and assist the employee’s swift return to work?

In some cases, it may also be prudent to ask relevant questions to determine whether the employee may be disabled in terms of the Disability Discrimination Act 1995. Occupational health advisers can also provide valuable assistance in dealing with absence. 

Where, after thorough investigation, an employer suspects an employee’s stated reason for absence is not genuine, an investigatory meeting and potentially a disciplinary hearing may be necessary to explore the issues further.  Dismissal on the grounds of conduct is one of the six potentially fair reasons for dismissal and an employer may be able to dismiss fairly where there is a genuine belief that the employee is guilty of misconduct.  As with any disciplinary or dismissal action, an employer should always follow the statutory disciplinary and dismissal procedures and take advice on the issues arising. 

Long Term Absence

Long term absence can occur when an employee is suffering from a long term illness, recovering from major injury and in some cases may occur as a result of stress or for disability related reasons.  Employees who have been absent for a long period of time may begin to feel isolated and no longer part of the organisation.  In order to avoid this, it is important to keep in touch with staff and let them know of important changes and developments which could affect their role within the organisation. 

Employers must balance the desire to make regular contact with absent employees with employees’ privacy.  The aim is to ensure that the employee understands that the employer is sympathetic and compassionate and wishes to facilitate the employee’s return to work.  As an employee, the employer has good reason to maintain reasonable contact with the individual even where the individual is absent by reason of illness.

A medical report is strongly recommended in these cases to obtain the information mentioned above. Where an employee is disabled, for the purposes of the Disability Discrimination Act 1995, an employer has a duty to make reasonable adjustments to ensure that the disabled employee is not placed at a substantial disadvantage compared to a non disabled person. Workplace adjustments may be required. Care should also be taken not to treat the disabled person less favourably than other staff. It is often prudent to assume the long term absent employee is covered by that legislation to minimise the risk of any claims arising.

Where an employee returns to work after a long period of absence, it is essential that continued support is provided which may involve regular discussions regarding workload and dealing with any issues raised.  Ongoing assistance is essential.

Again, it is possible to dismiss fairly an employee who has been absent for a long period of time on the grounds of capability.  Whilst the law requires employers to make reasonable adjustments, it does not require an employer to employ a person indefinitely where there is little or no prospect of the employee returning to work.  In such circumstances, however, it is important that specialist advice is sought and the relevant procedures followed properly. 

 
Some Practical Tips

Failure to deal with absence properly can result in claims such as unfair dismissal, constructive dismissal, discrimination, harassment, victimisation and a breach of health and safety duties. But there are steps an employer can take to minimise the likelihood of claims arising. Some of the steps include:

• Making regular contact with absent employees in a sympathetic, compassionate and understanding manner.
• Applying fair and consistent procedures to ensure management and staff know what steps will be taken in particular types of absence.
• Ensuring managers have received proper training in applying the procedures and dealing sensitively with absence management.
• Dealing with each absent employee as soon as the issue arises in a thorough but fair manner.

In order to comply with the legal requirements and avoid expensive claims, employers must address absence issues proactively.  By taking certain steps and specialist advice many difficulties that employers often regard as standard in these cases can be avoided. 

(Information posted in June 2007 and may not have been updated at time of reading).