What's the employment law in regards to employees getting sick constantly?

Question

We have an employee who is getting ill almost one day every week. I've asked him to change his life style and many other suggestions as he is genuinly getting ill. We are a small business and we cannot afford someone who gets ill on a weekly basis. We are happy to support him as we do with all employee if they get ill but it is getting to a point where he is affecting our business. Is there any way around this so we can let him go? How should we approach this problem? I know it sounds horrible but we have an operation to run and this disruptions are making it very difficult to keep up with our work and the standards we set to our customers.

Any help would be greatly appreciated.

Kind regards

Fran

Answer 1

As a Union Rep, I would say that it is a bit of a minefeild. But if you have records that show that the person has been constantly sick, you have offered advise, help above and beyond reasonable requirements, you have dealt with the problems sympathetically and you have given the adequate disciplinary warnings (verbal, written and final) then the employee has minimal comeback upon your workplace in a tribunal hearing. However, you can not dismiss them whilst they are sick. I would presume that you have looked into the persons history, life problems, any issues with drugs and alcohol, family issues, etc and possibly even considered sending the person to a private Medical Advise (an extreme option for a small buisness if they are a valued employee). Is the person going off with the same illness week in and week out? How long have they been with the company? Is the rest of the work up to scratch? Are they performing correctly? Have you talked with any close colleagues who may be able to point you to any underlying issues?
If you have covered all of this and still come up with no soloution, then of course you only have one option open to you, it is always nasty, but you are a buisness and must take a hard stand every so often, but do please consider all the options open to you and ensure your records, interviews and disciplinary procedures are complete.

Answer 2

You will need to go through due process which will include but is not limited to the following. 1. Request a doctors certificate for each absence 2. Arrange a medical examination by an independant Doctor (your choice) to determine suitability for continued employment. 3. Examine opportunities for redeployment into other areas of the company if the current position is considered unsuitable for medical reasons. 4. Offer redeployment or assistance to gain other employment that is more suitable. 5. Institute disciplinary process if step 2 confirms that absences are not genuine... First warning, Second warning, Dismissal. Your national rules may mean some of this will vary but this is a logical progression. This process is never pleasant and it is important to keep the emotive aspects minimized. Good Luck.

Answer 3

Different rules/guidelines apply regarding the size of the business. Number of employees is a factor.

Get professional advice before you do anything, Small business advice or even the citizens advice bureau. Employment law is a minefield, and you need to walk away from this as the 'nice guy'.

Answer 4

go on business link website they have a good section on employment. If he has been employed less than 1 year then you can dismiss him without any reason. If he has been employed more than I year I would think the best thing to do is to have a meeting with him and tell him his repeated abscence is not acceptable and that it cannot continue and give him a verbal warning, make sure you then put this in writing to him. In say 4 weeks if it continues have another meeting and give him his 2nd warning and if it continues after that you can then dismiss him. good luck. (i have a small business too so I know how you feel).

Answer 5

You need to have some kind of written policy in regard to this - and have a tiered warning system that ends in dismissal, so that he is aware of where this will all end.

I would advise against redundancy, because you will not be able to fill the post afterwards.

Either speak to a lawyer, or try and speak to a human resources manager (you can speak to people in a different company - they will sometimes be willing to listen to you and they often have to deal with this sort of thing).

Answer 6

If he has been with you for less than a year.....you dont need a way around getting rid of him...you just do it

If over a year you have to invite him to a meeting where you will discuss his absences and warn him that if it continues for no reason (eg no sick notes) then you will have to let him go.....give him another month or so to see if he improves...if he doesnt then get shot

Thats all there is to it!

Take a look around the ACAS website

Answer 7

Hi there.

If you don't have a sickness and absence policy, you might want to consider putting one in place for the future. The website below (businesslink) offers guidance on how to do this.

Whatever you decide to do, it is vital that you check his contract of employment and that you seek legal advice before you take any action against him (should you wish to do so). The CAB or any lawyer who specialises in employment law should be able to help.

Best of luck.

Answer 8

is this employee submitting a sick note on these occasions if he is then, you could have problem I would suggest if the sick periods are have a consequence to your business, seek advice from a lawyer who specialises in industry problems, it will pay off in the end.

Answer 9

I would take proper advice from a solicitor or citizens advice so it doesnt come back to bite you! Could you make them redundant? Say the job isnt needed anymore? It is hard but you do need to cover your own back. Good luck!

Answer 10

Hi Fran
For the legal viewpoint, you could have a chat with you local Citizen's Advice Bureau.