The flu season often brings increased sickness and absenteeism, making it a challenging time for employers and employees alike. Handling sickness absences fairly and effectively is crucial to maintaining workplace harmony and avoiding legal disputes. Whether you’re managing an employee’s return to work after a short term absence or navigating the complexities of of a longer term absences and reasonable adjustments , understanding the legal framework is key.
If you’re unsure how to approach these issues, seeking advice from experts in employment law can help ensure you comply with UK employment law requirements while also maintaining a supportive and inclusive workplace.
Employee Rights During Sickness Absence
Employees in the UK are protected by a range of employment laws when they are too unwell to work. These include:
- Statutory Sick Pay (SSP): Employees are entitled to SSP if they are off sick for four consecutive days or more. As of 2024, SSP stands at £109.40 per week and is payable for up to 28 weeks. Employers are required to pay SSP if the employee meets the eligibility criteria. The Employment Rights Bill proposes the removal of the current 3 day waiting period and the minimum level wage requirements which should ensure that more employees moving forward are entitled to receive payment when they are unfit.
- Reasonable Adjustments: Under the Equality Act 2010, employees with more serious long-term health conditions which satisfy the definition of disability included within the Act will be entitled to reasonable adjustments to their working conditions either to assist them on their return to work or simply to provide support for them on an ongoing basis.
By understanding and respecting these rights, employers can reduce the risk of legal disputes comply with their statutory obligations and maintain positive employee relationships.
Employer Responsibilities in Managing Sickness Absence
Employers must take a fair and consistent approach to managing sickness absence, particularly during flu season when absences can spike. Key responsibilities include:
- Clear Absence Policies: Employers should ensure that employees are familiar with their company’s sickness absence policy. This should outline the procedures for reporting illness, providing medical evidence if necessary, and returning to work.
- Regular Communication: Keeping in touch with absent employees is vital. This not only helps maintain trust but also ensures employers are aware of any challenges the employee faces in returning to work.
- Discrimination-Free Policies: It’s crucial to avoid any practices that could be perceived as discriminatory, such as penalising employees with disabilities or long-term health conditions. Examples such as failing to pay commensurate bonus’ or to promote are common pitfalls. Equally to use sickness absence as a selection criteria for redundancy would not be appropriate.
Best Practices for Return-to-Work
A smooth return-to-work process is essential for both the employee and the employer. To achieve this:
- Conduct Return-to-Work Interviews: These meetings help employers understand the employee’s health status and plan adjustments if necessary.
- Use Fit Notes: Employees may need to provide a fit note from their GP. These notes can specify whether the employee is fit to work or requires temporary adjustments they can also suggest what adjustments could assist such as a phased return.
- Consider Flexible Arrangements: Adjustments such as reduced hours or modified duties can help employees transition back to work while maintaining productivity.
Avoiding Legal Pitfalls
One of the most sensitive areas of employment law is managing dismissals related to longer term sickness absences. To avoid claims of unfair dismissal:
- Follow a Fair Process: Employers must investigate thoroughly, undertake a series of meetings and consider alternatives to dismissal. Records of all meetings should be kept
- Obtain Medical Advice: Decisions should be based on professional medical evidence, such as an occupational health report.
- Comply with Contracts: Employers should adhere to notice periods and other contractual obligations when ending an employment relationship.
The Role of Legal Advice
Employment law can be complex, and flu season often brings unique challenges. Whether you’re an employer looking to refine your sickness absence policy or an employee seeking advice on your rights, consulting experts in employment law can provide the clarity and guidance you need.
Conclusion
Managing sickness and absenteeism during flu season requires a careful balance of compassion, legal compliance, and effective communication. By adopting clear policies, maintaining fair practices, and seeking professional advice where necessary, both employers and employees can navigate these challenges successfully.
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