sick notes

Like all employers, registered social landlords need to maximise the return on their human resources. But unlike some employers, RSLs face a special challenge: how to balance employment costs with service provision. One area where costs can escalate is sickness absences. Latest research shows that, on average, employers in the not-for-profit sector lose 8.7 days per employee each year, and 12.5 days in the public sector.

Short-term absences
The problem of employees taking large amounts of short-term sick leave will be familiar to most employers. While employers may never reach a zero absence rate, there are ways in which sickness absences can be reduced. Implementing a policy of return-to-work interviews following any absence has been shown to reduce absences significantly. Employers should also link unauthorised absences to their disciplinary policies.

Long-term absences
Employees on long-term sick leave with a serious condition may not return to work at all. A carefully managed procedure should be followed in these circumstances. While the employee is on sick leave, monitor the situation, be aware of the employee’s prognosis and retain contact with the employee throughout. Termination is not the automatic option. Give consideration to placing the employee on a permanent health insurance scheme or allocating a new job role, part-time or home working.

Procedures for termination
If employment is to be terminated the employer must ensure it complies with the necessary obligations to avoid the dismissal being unfair. Any employee with more than 12 months’ continuous service is entitled to bring a claim for unfair dismissal.

To minimise the risk of an unfair dismissal claim, you must demonstrate that:

• medical advice has been obtained that confirms the employee is unable to return to work in the foreseeable future or will never be able to return to work
  
• the employee was fully consulted
  
• you have considered alternatives to dismissal (for example, part-time work or working in a different role)
  
• the employee has the right to appeal.

Employers should treat each case on its merits and ensure that a written record is kept of the process. If in any doubt, get legal advice.

Disability discrimination
Employers should also bear in mind the Disability Discrimination Act of 1995. Under the act, any employee with a mental or physical impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities is defined as “disabled”. Not only do employers have a duty not to treat disabled persons less favourably than able-bodied comparators, they also have a positive obligation to consider what adjustments could be made for the employee to allow for their disability.

A dismissal for reasons connected to a person’s disability is potentially discriminatory and there are detailed procedures concerning the extent of the positive obligations.

Communicate and be careful
Employers must tackle long-term and short-term sickness absence with care, ensuring that procedures are in place, that employees are aware of them and that they are followed.

Failure to do so can lead to expensive proceedings in the employment tribunal.