Absence management

We provide expert legal guidance on managing sickness absence, including effective use of occupational health reports, applying absence policies, managing short- and long-term illness, handling disability law under the Equality Act, and exploring alternatives to dismissal. Let us help you navigate these challenges while minimising legal risks.

Expert legal advice on sickness absence management, including occupational health reports and absence policies.
Guidance on disability law, reasonable adjustments, and handling short- and long-term absences.
Support with capability procedures and alternatives to dismissal, minimising legal risks for employers.
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Maximizing Occupational Health Reports

Employers should leverage occupational health reports to gain a clear understanding of an employee's medical condition and work capabilities. This ensures decisions are based on professional advice and tailored to each situation, helping manage absences effectively.

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Applying Sickness Absence Policies

Clear, consistently applied sickness absence policies set expectations for employees and streamline how absences are managed. These policies help maintain workplace productivity and ensure fair treatment for all employees.

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Addressing Malingerers

Dealing with employees who may be feigning illness requires a tactful approach. It's essential to handle these situations with care to avoid wrongful accusations while maintaining a fair and productive workplace environment.

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Managing Disability Under the Equality Act

Understanding current case law on the definition of disability ensures compliance with the Equality Act. Employers must provide reasonable adjustments to employees with disabilities, protecting both the employee’s rights and the company from potential discrimination claims.

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Handling Persistent and Long-Term Absences

Employers must balance managing short-term persistent absences with supporting employees facing long-term ill-health. Implementing structured procedures, including capability assessments, ensures that both situations are handled fairly and legally.

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Exploring Alternatives to Dismissal

When an employee cannot return to work, employers should explore alternatives to dismissal, such as adjustments or redeployment. This approach helps retain talent and reduces the risk of unfair dismissal claims, supporting a positive workplace culture.

Comprehensive Sickness Absence Management
for Employers

Disability Law and Reasonable Adjustments

Employers must make reasonable adjustments to accommodate employees with disabilities, reducing the risk of discrimination claims.

Managing Absences and Alternatives to Dismissal

Addressing persistent short-term absences or long-term ill-health requires structured procedures, including capability assessments.

Effective Use of Occupational Health and Policies

Employers should utilise occupational health reports to better understand employee health issues and make informed decisions. 

Kate Walsh Consulting

Call Kate today on
07549894819

Absence management

Sickness absence is the most common HR issue which employers face. Due to the potential interaction with claims for unfair dismissal and/or disability discrimination, it is important employers get the correct level of support when managing sickness absence. Kate regularly advises on the following:

·        Getting the most out of your occupational health report.

 

·        The creation or application of sickness absence policies.

 

·        Managing malingerers in the workplace.

 

·        When holidays coincide with sickness.

 

·        Up to date case law on the definition of disability under the Equality Act.

 

·        Reasonable adjustments.

 

·        Manging persistent, short-term absences.

 

·        Managing employees’ long-term ill-health.

 

·        Implementing capability procedures.

 

·        Alternatives to dismissal where the employee is unable to return to work.