Acas Updated Guidance On Sickness Absence

Acas have recently provided updated guidance on sickness absence. The updated guidance includes new sections on recording and reducing sickness absence and absence trigger points as well as advice on absence policies, unauthorised absence, sick pay, fit notes, doctor reports and managing return to work.

• Recording and reducing sickness absence

Employers should have practices in place to accurately record sickness absence, including reason for absences. The reporting procedure should be contained within the Staff Handbook or a separate policy setting out how an employee should notify an employer of their sickness absence. This will allow an employer to monitor absences and determine how to decide when further steps need to be taken. Disability and pregnancy related absences should not be disregarded but should be recorded separately to ensure that an employer considers any reasonable adjustments that may need to be considered and will also ensure that an employer does not use these absences when considering any further action.

• Absence trigger points

Employers should give consideration as to how long an employee will be absent for before it reviews the absence and decides whether further action is necessary e.g., a referral to occupational health. Having a review system in place should not automatically trigger disciplinary action and an employer should always bear in mind individual situations and not take a blanket approach when dealing with absences.

• Absence policies

An absence policy should cover; absence reporting procedures, how absence will be monitored, absence trigger points, when a return-to-work interview will be carried out, when an employer will consider further action in respect of repeat/long-term absence.

• Unauthorised absence

An absence is unauthorised if it has not been agreed with an employer in advance or an employee does not follow the procedure for reporting an unexpected absence. In these circumstances, an employer should, firstly, check that their employee is safe by using contact details on file or, failing being able to get in touch this way, using emergency contact details. As a last resort, an employer could visit the employee’s home address or contact the police if they have serious concerns. An employer should keep a record of unauthorised absence and explore the reason behind the same, being mindful of discrimination. In some circumstances, it will be appropriate to deal with unauthorised absence by way of the employer’s disciplinary process.

• Sick pay

The starting point for employees pay entitlement during absence will be their contract of employment. SSP must be paid as a minimum, provided the employee is eligible. Any company sick pay policy should not be discriminatory and treat part-time and full-time employees equally.

• Fit notes

An employee can self-certify for the first 7 days of absence. Thereafter, a doctors fit note must be obtained. The fit note will either state that an employee is not fit for work or might be fit for work. If the latter, the employer will need to consider any recommendations within the fit note in order to facilitate the employees safe return to the workplace. If necessary, a referral to occupational health and/or a request for a doctor’s report may be made but this cannot be done without the employee’s permission. If the employee is disabled, the employer has an obligation to make reasonable adjustments.

• Doctor’s report

Obtaining a doctor’s report from the employees own GP or consultant will help an employer understand the employee’s condition further and understand what they can do to help facilitate the employee in their return to work, if this is a possibility. The employee’s permission to obtain a report must be sought and the employee can ask for certain information to not be disclosed and request to see the report ahead of it being sent to the employer. If permission is not obtained, the employer will have to rely on the information they have e.g., what is contained on the Fit Note and occupational health report.

• Managing return to work

An employer’s policy should specify when a return-to-work meeting will be carried out. Some employers opt to have a meeting, regardless of the length of absence. The purpose of the meeting is to establish that an employee is ready to return and agree a plan for the return. For example, in some cases a phased return may be necessary. Any recommendations from the employee’s doctor or contained on a Fit Note or occupational health report should be considered. If the employee is, or likely to, qualify as disabled under the Equality Act 2010, it is imperative that any reasonable adjustments are considered. It is not down to the employee to suggest adjustments but, rather, for the employer to give consideration to any adjustments that will assist the employee. Before implementing these, the employer should discuss the same with their employee.

Advice

There are many factors to consider with regard to sickness absence and each employee absence will need to be dealt with on a case-by-case basis so as to mitigate the risk of future litigation. If you require legal advice on the content of this article, speak to a member of our employment team on 01689 887 887.