Disciplinary procedures for sickness absence
Managing sickness absence can be challenging for both employers and employees. In the UK, there are formal procedures in place to ensure that sickness absences are handled fairly and consistently, especially for long-term or frequent absences. These procedures are outlined by ACAS, which provides clear advice on managing sickness absence fairly.
This guide explains the steps involved in the disciplinary procedures for sickness, the factors employers consider, and what employees can do to handle long-term sickness absence procedures.
What is sickness absence?
Sickness absence refers to any time an employee takes off work due to illness or injury. While everyone gets sick occasionally, repeated or extended absences can impact both the employee’s productivity and the organisation’s ability to operate smoothly.
The ACAS guide to managing sickness absence encourages employers to take a fair and supportive approach. This often means finding ways to support employees to return to work where possible, but if absence levels affect the business, employers may need to take formal action.
Disciplinary procedures for sickness absence
A step-by-step guide to how sickness absence procedures work
When an employee’s sickness absence becomes a concern, most employers follow formal procedures to manage the situation. The goal is to assess the reasons behind the absence, provide support, and make fair decisions. Here are the main stages involved in managing sickness absence:
1. Monitoring sickness absence
Employers should monitor sickness absences, keeping track of both the duration and frequency of each absence. If a pattern of regular short absences or an extended long-term absence arises, the employer may start a formal process.
Many companies use a policy called the “Bradford Factor,” which assigns a score to the frequency and duration of absences. While this isn’t a legal requirement, it’s a common way for employers to identify whether a particular employee’s absences need to be discussed.
2. Holding a formal sickness absence meeting
If the absences reach a level that the employer feels needs addressing, they may arrange a formal sickness absence meeting. The purpose of this meeting is to discuss:
- The reasons for the absences and any specific details about the illness or condition that might affect attendance.
- Any adjustments or support that might help the employee return to work, such as flexible working hours or adjustments to duties.
- Medical information or reports that could clarify whether the condition might impact long-term attendance or if it falls under long-term sickness.
Employers may request a fit note (also known as a sick note) from the employee’s doctor, or with permission, seek a report from an occupational health professional to gain a better understanding of the employee’s condition. It’s essential that these discussions are handled sensitively, and employees have the right to bring a companion (such as a colleague or union representative) to the meeting.
3. Factors taken into account
Employers must consider several factors when assessing sickness absence. These include:
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The nature and duration of the illness: Chronic or long-term conditions require special consideration, particularly if they fall under the Equality Act 2010, which protects employees with disabilities from discrimination.
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The impact on the business: Employers need to consider how the absence is affecting the team, department, or organisation. Extended absences may result in increased workload for colleagues or delays in meeting targets, which can make it challenging for employers to be as flexible.
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The support that has already been provided: Employers need to assess whether they’ve taken reasonable steps to support the employee’s return to work, such as changing duties, providing equipment, or offering flexible hours.
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Occupational health recommendations: If an occupational health professional provides advice, employers should consider it seriously, as it offers insight into the employee’s ability to perform their duties and any modifications that might help.
The decision on sickness absence
What happens after the formal meetings?
After discussing the employee’s situation and reviewing the information, the employer will decide on the next steps. Possible outcomes might include:
1. Supporting a return to work
If there’s a way to make reasonable adjustments that will allow the employee to return to work safely, the employer may implement those. This can include gradual re-entry through reduced hours, modified duties, or other forms of support. Employers are usually motivated to support employees back into their role if possible, as it benefits both parties.
2. Issuing a formal warning
If the absences are impacting the organisation and it’s unlikely that the employee will improve attendance, the employer may issue a formal warning. This warning outlines the need for improvement in attendance and may also establish a timeframe for review. However, warnings are usually only issued after an employee has been given a chance to improve and when it’s clear that the absences are unsustainable for the business.
3. Considering termination of employment
If the employee’s absences continue to impact the business and it’s unlikely they will be able to return to work, the employer may consider termination. Termination due to long-term sickness is a last resort and is typically approached only after all other options have been explored.
Employers must handle terminations very carefully, especially when dealing with employees who may be considered disabled under the Equality Act 2010. Dismissing an employee due to disability-related absences without making reasonable adjustments could lead to discrimination claims.
4. Right to appeal
If a decision is made to terminate employment, the employee has the right to appeal. This is a chance for them to request a review of the decision, present new evidence, or raise any concerns about the way the procedure was handled. The appeal is usually reviewed by someone who wasn’t involved in the original decision, such as a senior manager or HR professional.
How to handle sickness absence procedures as an employee
Tips for navigating the sickness absence process
If you’re an employee dealing with long-term sickness, it’s natural to feel anxious about the process. Here are some helpful steps to take:
1. Keep communication open
Make sure you stay in touch with your employer about your condition, recovery time, and any changes in your health status. Employers appreciate when employees are open about their situation, as it helps them understand your needs.
2. Provide medical information
If requested, provide fit notes or other documentation that can clarify your health condition. This helps your employer make informed decisions and may even prevent the need for formal disciplinary action.
3. Engage with Occupational Health support
If your employer refers you to an occupational health professional, engage fully in the process. Occupational health assessments can be very useful for identifying ways to help you return to work or make adjustments to your duties.
4. Be open to adjustments
If your employer offers adjustments, consider whether they could help you return to work comfortably. Flexible hours, different duties, or ergonomic equipment might make it easier to manage your role while dealing with illness.
5. Prepare for meetings
If you’re asked to attend a sickness absence meeting, bring along any relevant information about your condition, treatment, and prognosis. Consider inviting a work colleague or union representative for support if you feel it would be helpful.
Conclusion
Sickness absence procedures are designed to help both employers and employees manage prolonged or frequent absences fairly and with sensitivity. While the goal is often to help employees return to work through support and adjustments, there are times when disciplinary action may be necessary if absences significantly impact the business.
If you’re an employee dealing with long-term sickness, staying in communication, providing medical information, and working with occupational health can help you navigate the process smoothly. Remember, these procedures are there to ensure fairness and support wherever possible, and understanding each step can help you manage your situation more confidently.
