Manchester Law Firm Responds to Northwest ëSickiesí

In answer to news that the north west is the worst place in the country for staff ësickiesí, Manchester law firm dent, raven marsdens has designed a course in Effective Employee Sickness and Absence Management to help employers to grasp the new regulations coming out in October 2004.

Most employees are ill at some stage of their working lives. Some work through it, others need time off. Employees who take unauthorised time off work for no good reason when they are otherwise fit and capable of work, such as hangover, sport or duvet days, face the risk disciplinary action, including summary dismissal for gross misconduct.

However, managing staff sickness absence is seldom straightforward, especially where it might become necessary to dismiss employees. Will Clayton, partner of dent, raven marsdens, explains:

ìWhether itís persistent short-term absences of one or a handful of days, or longer-term absences lasting periods of weeks or months, each category has its own associated problems and contrasting legal solutions.

ìAlthough in every circumstance it is a combination of well-considered contracts of employment, careful consideration of the employment laws and effective management that will see your business achieve the right results.î

The course will equip human resource practitioners with the skills to balance basic common law principles of health and capability issues, and delicate statutory rules concerning unfair dismissal and discrimination.

As well as a comprehensive review of all these issues, the seminar will take a close look at the importance of gathering expert medical evidence and the need for carefully drafted contracts and properly managed procedures.

The half-day Effective Employee Sickness and Absence Management course next takes place on 9 September at the Marriot Hotel in Hale. Course fees are 99 plus VAT. For more information contact dent, raven marsdens on tel; 0161 832 5418, or email info@dentraven.co.uk.

dent, raven marsdensí Essential Guide to Tackling Employee Sickness

Fix the Culture:
If your employees believe they can take the odd sickie and get away unnoticed and unscathed - this has to be one of the first issues to address

Improve Management:
Your employees should be made aware that their absence / attendance levels are being carefully monitored;

Insist that all absences of less than seven days are self-certified and that doctorsí notes are obtained for longer periods;

Hold ëreturn to workí interviews after every period of absence, no matter how short;

Be prepared to discipline for unacceptable levels or patterns of absences;

Be wary of breaching discrimination laws when taking action against employees with absence issues.

Examine Pay Options:
Pay can be used in a variety of ways to tackle problematic sick leave: Some employers give a financial bonus to staff with good attendance records. Others only provide Statutory Sick Pay terms for their staff and nothing more.

Employers with generous sick pay arrangements can still suffer with bad attendance levels - consider implementing a compulsory three-day waiting period where no sick payments are made as an additional means of combating ësickieí-takers;

All well-run businesses work to budgets: itís a question of combining the right culture, rules and rewards to maximise staff attendance, encouraging them to prioritise work over duvets!

Employee benefits go a long way towards helping employers recruit and retain the right kind of workers.

Contractual Terms:
Your ability to manage staff absence will be severely hampered if your contracts of employment do not include essential terms, for example:
o sick pay terms and conditions;
o proper authority to consult medical advisers (independent and
employeeís GP) for reports;
o terms requiring employeeís co-operation when off sick;
o suitable disciplinary rules.
Never attempt to change employeesí existing terms and conditions without first taking expert legal advice. The costs of getting it wrong can be disastrous!

Stay Aware
Legislation is forever changing and adding to employeesí rights. Important legal changes will take effect from 1 October 2004, that will alter the way you can deal with employee sickness:

compulsory dispute resolution procedures will apply to all employers regardless of size ; and

Disability Discrimination laws will apply to all employers regardless of size (previously employers with less than 15 staff were exempt).