16 Dec 2016
Regular unplanned absences can cripple small practices and cause considerable problems for larger operations too. But before taking action it is vital to know the law when it comes to managing employee sickness, explains Emily Chalkley.
Emily Chalkley
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Image: © Africa Studio/Fotolia.
It can sometimes be difficult for small veterinary practices to cope with employees who regularly have unplanned absences for a couple of days at a time, with issues such as migraines or an upset stomach.
UK workers have an average of nine days off from their jobs each year due to sickness, at an estimated cost to businesses of £29 million. Such absences will usually be at short notice and, unlike large companies, the limited workforce in a veterinary practice may struggle to cope with covering appointments or finding someone temporary to assist.
The financial impact of regular unplanned absences on a small practice could be significant. Not only that, there can also be an impact on other employees, such as a reduction in morale due to the increased workload, resentment towards the employee off sick and, if the practice fails to deal with persistent “sick note” employees, it could set a trend among the workforce.
Despite the differences between small practices and large companies, both are essentially under the same legal obligations and must follow a fair procedure when dealing with sickness absence. When faced with a “sick note” employee, what should a veterinary practice take into account when trying to manage the impact of sickness absence and how should you deal with such employees?
It is crucial to obtain all the facts relating to an employee’s absence at an early stage when considering what action should be taken to address the issue of recurring and frequent absence. The practice owner or manager should monitor and record the employee’s attendance, as it can be easy to overlook certain patterns emerging (for example, the employee is frequently off on Mondays or Fridays).
If you have concerns about an employee’s frequent and consistent absences, once all the facts have been gathered, it may be appropriate to arrange an informal meeting in which you will need to ascertain whether the employee’s absence relates to an underlying health condition. It is important this remains an open and honest discussion, so the employee does not feel pressurised to return or that nobody cares, as this could have the opposite effect to the one you want to achieve, and result in increased absence levels and leave the employee feeling disengaged with the practice.
During the informal meeting, consideration should be taken to:
If, after the informal meeting and consideration of all the facts, you conclude the absences do not relate to a genuine health condition or the employee fails to give an explanation for his or her continuing absences, you may need to consider whether a disciplinary procedure on the grounds of misconduct needs to be initiated, in which case the ACAS Code of Practice will apply. You will need to provide the employee with written reasons for holding a disciplinary meeting, with sufficient information on the unauthorised absences, and detail the possible consequences of the meeting. The employee will have a legal right to be accompanied by a fellow colleague or trade union official at any disciplinary meetings you may hold.
If you are satisfied the employee is genuinely ill, a formal meeting should be called to explore the following issues:
The meaning of disability for employment purposes will include employees who have a physical or mental impairment that has an impact on their ability to carry out normal day-to-day activities, which has a substantial and long-term effect and has lasted, or is likely to last, for 12 months or more. Examples of disabilities that are covered have included sensory impairments, organ-specific issues (such as asthma) and mental health problems (such as depression).
If you believe the employee could be considered disabled, you will need to take appropriate steps to see whether there are any reasonable adjustments that could be made to avoid any potential disability discrimination claims. However, there is likely to be less onus on small veterinary practices to make adjustments, as when determining what constitutes a reasonable adjustment, the courts will take into consideration the costs entailed, the size of the business and its financial resources.
To adequately explore whether the employee has a disability and whether any reasonable adjustments should be made, you will need to obtain (and properly consider) appropriate medical evidence by way of a medical examination. This could be carried out by an occupational health specialist or another suitably qualified medical professional, such as the employee’s GP.
Even in cases where, on the basis of the facts, you think it is unlikely there is a genuine health reason for the employee’s absence, or the evidence does not carry sufficient weight, you may still wish to consider referring the employee to an occupational health advisor (if available) to get a second opinion, as some conditions, such as mental illness, may not be immediately obvious.
If the employee puts up strong resistance to see an occupational health advisor or an independent medical expert, it may be the employee does not consider him or herself to be well enough to attend such meetings. Therefore, you should avoid putting the employee under unnecessary pressure or make him or her feel harassed by constantly contacting him or her, although you are able to explain that without his or her consent to be examined by such an expert, you will proceed to address the situation with the (limited) medical evidence you do have.
If there is no improvement in attendance levels despite your formal meeting, you should consider whether to proceed to issue a formal warning. Any warning should be issued following a fair procedure and should be accompanied by a timescale and suggestions for improvement, together with details of the action you will take if there is no improvement in their absence record within the specified timescale. You should continue to take a supportive approach to encourage your employee to improve, rather than just impose a punishment.
Throughout the disciplinary process, an employee must be given the opportunity to appeal any decision made against him or her. Again, the employee will have a legal right to be accompanied by a fellow colleague or trade union official at these disciplinary meetings.
If the employee continues to remain off work for long or frequent periods without improvement and dismissal is contemplated, it is essential you are able to show you acted reasonably and a fair procedure was followed. This puts the employer in a good position to successfully defend any subsequent unfair dismissal claims.
For the dismissal to be fair, the reason for dismissal will need to fall within the range of reasonable responses available to a reasonable employer. Applying the suggested steps set out above will assist with preventing potential discrimination and/or unfair dismissal claims, as well as helping you, as an employer, to defend any potential claims made against you.
