How to Deal With an Employee Who is Always Sick

Managing employees who have regular sick days

Managing an employee who frequently takes sick days can pose a challenge for your business, but it's essential to address the issue fairly and in compliance with UK law. In this expert guide, we'll explore how to fairly dismiss an employee for ongoing workplace absenteeism, discuss UK employment legislation surrounding dismissal, and provide insights on ensuring a lawful and equitable process.

How to identify frequent sick days

Occasional sickness is a normal and accepted part of work and all employers will have to manage sickness absence at some time or another.

But you might have experienced a situation where an employee seems to be sick far more than you would expect of your average person. In these cases, you may have reason to suspect that their illness isn't genuine, and be unsure what to do next.

Genuine or not, if you're battling a high number of short-term absences, you may be feeling the effects: increased stress on other members of staff, decreased efficiency and productivity, and the need to find replacement staff, reorganise the workflow and possibly train another employee to take over the absent employee's role.

Left unchecked, these issues can quickly spiral out of control, destabilising your workforce and putting your business under increased financial pressure. As such, employers can't afford to simply let excessive absence rates slide.

It's essential employers and managers understand the process to follow with employees who are taking too many sick days, and when dismissal for sickness absence may be warranted, to prevent unnecessary workplace disruption.

The 7-step process for managing excessive sickness absence

When it comes to employees taking too many sick days, prevention is better than cure. Here's your 7-step management process to adapt for your business needs.

1. Review your sickness absence policy

Creating a sickness absence policy is a fundamental first step in reducing sickness absence rates. By providing a clear framework for reporting, managing and recording sickness absences, your policy will serve to:

• Ensure that absence is managed in a fair, consistent and effective way

• Maintain operational and service levels

• Establish what is expected of your employees

Your sickness absence policy should set benchmarks, known as trigger points, for unacceptable levels of short and frequent sickness absence. Using the Bradford Factor formula will help you determine when short-term absence levels have become excessive. It should also establish what actions will be taken once those triggers have been met.

2. Introduce a monitoring system

Monitoring and recording each absence and the reason for it can prove useful in uncovering trends or patterns. For example, you may notice that an employee's absences coincide with certain events, or that certain individuals seem to follow a particular pattern of taking Fridays and Mondays off sick.

Spotting trends will point you in the right direction and enable you to identify ways to rectify the problem before it escalates.

3. Conduct return to work interviews

Holding return to work interviews will allow you to probe into the reasons behind absences and is an effective way to deter sickies.

Proactively following up on absences will signal to employees that their absences have been monitored and that disciplinary action may be taken if absences are found to be illegitimate. Return to work interviews provide an opportunity to:

• Explore whether the absence was due to illness

• Find out whether the employee is fully recovered or whether this is part of an ongoing condition

• Consider whether any reasonable adjustments can be made to their role to help improve their attendance

It's also important to assess whether there are any signs of underlying medical conditions, work-related illness, or a long-term health issue which may fall under the scope of disability as defined under the Equality Act 2010.

4. Consider whether formal action is required

In some cases, it may be necessary to take formal action in relation to sickness absence. This would be warranted if:

• The employee has reached the trigger points set out in your sickness absence policy

• You discover that the employee's absence is not genuine

Be careful if making allegations against an employee without clear evidence. If you're too quick to jump to conclusions, the employee may have grounds to suggest that such allegations amount to a breach of trust and confidence — and if they have been employed for more than two years, they could claim constructive dismissal.

However, an employee calling in sick and then posting pictures of themselves on Facebook at a garden party or sporting event is a whole other matter and should be dealt with as a disciplinary issue, potentially including dismissal without notice.

5. Invite the employee to a meeting

Once you've decided that formal action is required, you should invite the employee to a meeting with their line manager to discuss their attendance. The employee has the right to be accompanied by a colleague or trade union representative.

At the meeting, the line manager should review the sickness absence policy, the employee's attendance record and, if appropriate, any medical evidence obtained from the employee's doctor or an Occupational Health adviser.

You must clearly explain what level of attendance is expected, set clear improvement targets and timescales, and ensure the employee understands the consequences of failing to improve.

6. Revisit the situation

It's important to review the employee's attendance to see if there has been improvement. The date of the next review will depend on the circumstances but may be anywhere from one to 12 months.

If attendance hasn't improved as required, a second meeting may be called, at which the line manager may decide to either:

• Extend the review period

• Issue a final warning with clear targets over a specified period

7. Dismiss the employee

You may have reached the point where dismissal is the only avenue left. When considering dismissal for sickness absence, an Employment Tribunal will assess three key questions:

1. Was there a fair reason to dismiss? It may be fair to dismiss on the basis of conduct (where an employee has been dishonest about their illness), capability (where persistent absences affect their ability to fulfil their role), or some other substantial reason (where absence is causing serious harm to the business).

2. Did you act reasonably in the circumstances? A Tribunal will consider whether you took into account: the nature of the illness, the likelihood of improvement, the duration and frequency of absences, the periods of attendance between absences, and the impact on the rest of the team.

3. Did you follow a fair procedure? A Tribunal will assess whether the employee was given appropriate warnings and sufficient opportunity to improve. If you decide to dismiss, invite the employee to a final meeting with a manager who has the authority to dismiss. The employee is entitled to be accompanied and to make representations. Any dismissal must be given with notice.

Speak to a sickness absence specialist

Sickness absence is estimated to cost UK businesses around £568 per employee per year. But getting dismissal wrong can cost significantly more.

If you're considering taking action, WorkNest can help you monitor, manage and resolve sickness absence compliantly. With unlimited professional advice, robust policies, and absence management software built for the job.