Health and Absence
Sickness and ill health can be a very thorny issue. An employer may require advice in dealing with an ongoing sickness issue, or an employee may require advice about his or her rights.
Sometimes we are engaged to bring or defend claims around this area.
From an employer’s perspective, different considerations apply dependent on whether there is persistent short-term absenteeism or an employee has a long-term illness. Often medical evidence is required to assist the employer’s understanding of the position. Persistent short-term absenteeism may typically be dealt with by way of a capability procedure and various warnings. Consultations will be required when absence is long-term. In such circumstances an employer will require a good understanding of the employee’s illness, prognosis and whether there are actions which can be taken to enable the employment to continue but in an adjusted form before dismissing. Often disability discrimination law is relevant to the picture.
Both employers and employees often consult us in relation to what is a complex area.