- Employment Advice for Employers
- Business Transfers
- Employment Contracts and Handbooks
- Employment Rights
- Employment Tribunal Claims
- Ending an Employment Relationship
- Equal Opportunities
- HR Support and Training
- Managing Sickness Absence
- Misconduct or Poor Performance
- Protecting Trade Secrets and Client Lists
- Recruiting New Staff
- WBW Employment Law Service
WBW can provide you with the know how to manage sickness absences effectively. We understand the effect an employee's absence can have on colleagues and your business. However, it is essential that all employers recognise that managing sick and disabled employees raises legal issues and can expose an employer to unfair dismissal, discrimination, negligence or breach of contract claims.
WBW regularly advise employers on all types of sickness absence including:
- recurrent short-term absences;
- long-term absence;
- disability-related absence; or
- absence allegedly caused by the employer's conduct or that of colleagues.
We can provide employers with advice on the steps that an employer will take to manage sickness absence or long-term absence. These include:
- investigating a sickness absence where you doubt that an employee is genuinely unwell;
- establishing the cause of the ill-health and, where allegations involve the employer or any of its employees, how investigations should be undertaken;
- entitlement to sick pay and exercising of discretion in a sick pay scheme;
- the steps, if any, that can be taken to support the employee in a return to work, or whether it has become more likely that the employee will not return;
- how to reintroduce an employee who returns to work after long-term absence; or
- deciding whether the employer should initiate steps to terminate the employee's employment.
It is very important that legal advice is sought before an employer terminates an employee's employment to ensure that you are protected from any claims the employee might bring, particularly for unfair dismissal and disability discrimination.
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