Can anyone tell me what the employment laws in the UK say about staff taking too much time off work?

Question

These are ocassional days I am talking about and not long term illnesses. Last year we had more than 3 people of our small staff who were off work 'sick' for more than fifty days. My manager tells me that there is nothing he can do about it but i think he just cant be bothered. Any ideas anyone please?

Answer 1

Repeated or prolonged sickness devastates efficiency simply because you are unable to plan for it. Contrary to popular belief you do not have to put up with it. Just because someone is off sick it doesn't mean that they are untouchable. What you are actually dealing with is a capability issue and (ultimately) you can sack them after due procedures have been followed if the problem cannot be resolved. It isa fairly straightforward process BUT this can be a minefield if this is not handled properly from the start. Phone ACAS for free advice on how to approach and address this problem to keep you out of Tribunal.
Whatever you do - don't put up with this, and make sure you apply the same principles to all your employees. If you ignore it, regardless of you written contractural terms, the pattern will form part of the unwritten 'Custom & Practice' rule waivers and you won't be able to touch anyone for it.
Good luck

Answer 2

Generally, there is very little that an employee can do. It tends to be the decision of the senior company staff.

Also, without seeing the contract of your company, the advice here is very generalised. Businesses and companies vary both in policies and practices.

Generally, you are entitled to 3 days off a time, thoigh some places are lenient to 5. For this time, you are not ussually paid. After that, a sick notice "Sickline" is required from your doctor, pshycologist or Dentist to confirm that you are meddicaly unable to work. This gives the amount of time that you will be off for, and gets extended if required.

A good organisation will monitor abscences to monitor for patterns, ie every world cup game, every friday, etc. If there is a pattern developing, then, they have a right to pull you up to discuss it, and how they procceed from there is up to the individual organisation.

In a calender year, you only tend to get a set number of sick days per year that you are entitled to SSP (Statuory Sick Pay), and after that nothing.

Other than that, there is not a lot more that can be done, as the employer has no real proof that these people are skipping off. You could address your concerns to the HR manager, who is obliged to take your concerns on-board. Some places, in light of this, are hiring nurses to screen sick callers to validate their claims.

It is good that you are a good worker, as this will go down well on any reference that may be seeked on you later on. In this day and age, Britain has one of the highest rate of sick takers in the world, and is top in Europe.

Answer 3

Give them horrible back to work interviews, if they are genuinely sick you should be able to contact their doctors, although a sick note isn't required for seven days. You can ask them to see an independent, company Dr and this may put them off pulling more sickies......
Make sure all the work they should be doing is given to the manager to complete and he might change his mind!
Good luck!

Answer 4

Check out the company policy. Surely sickness interview sand return to work interviews are in place. Complain to TOP management if the policy is not being adhered to.

Answer 5

Check the wording of the employment contract and the link below will take you to a government site with info for employers

Answer 6

Try this:

http://www.managingabsence.org.uk/default.asp?section=help

Answer 7

make em redundant and create some new jobs as it looks like they are taking the p*ss.