Long Term Sickness – Whats the best approach?
Businesses are always concerned with staff who find themselves on long-term sickness leave. Reasons can vary for any number of reasons from a car accident, accident at work, a significant illness such as cancer. Additionally, in the current climate there has been a significant rise in people suffering with mental health conditions.
Long-term sickness Policy
Firstly, businesses need to put in place is a long-term sickness policy. Clear information about what is expected of both the employee and the employer should be in place. For example, what support will the business give to the person who is off sick? How often will the employer keep in touch with that person? An employee will also need to know what is expected from them too. Such as how do they keep the business updated with their progress etc.
With clear guidance and a comprehensive process in place, employers and employees know exactly what to do if a staff member finds themselves having to take an extended period of sick leave.
Recent case study
A recent case decided at the Watford Employment Tribunal found that a solicitor who had taken time off for treatment following a cancer diagnosis was unfairly dismissed. She became ill in February 2019 and was subsequently diagnosed with cancer. Her contract of employment had a clause in it. This stated that the Firm could end her employment if she was absent due to illness for a period of 26 weeks or more.
The owner of the Firm sent a letter to the Claimant Elona Onibere giving her one month’s notice. Said firm relied on the clause in her contract to terminate her employment based on her continued absence. However, due to the Claimant’s condition, she was considered disabled under the Equality Act 2010. For that reason, her employment could not simply be terminated. The Tribunal was very critical of the Firm for failing (amongst other things) to send the termination letter. Therefore not allowing an appeal against the dismissal. Furthermore the tribunal criticised the firm for not sending the termination letter to the Claimant for two months.
Disability is defined as follows:
· That the person has a physical or mental impairment;
· Which has a substantial adverse effect on their ability to carry out normal day to day activities;
· Effects are long term, which means it has lasted or is likely to last for 12 months or more.
Usually with long-term sickness, an employer should either obtain a report from the employee’s GP or an occupational health report. Generally this will detail the employee’s current condition and equally reporting when they are likely to return to work or that they will not be able to return to work.
Keeping the balance
We can emphasise that this is a difficult issue for businesses to balance. Keeping the employee’s job open for them but also managing a period of long-term sickness. Employers can end an employee’s employment if they are on long-term sick leave. Obviously, this has to be managed correctly in accordance with their own policies and processes. As an employer, you should have up-to-date medical evidence before considering ending an employee’s contract of employment.
If you have a long-term sickness issue you wish to discuss, then please get in touch with us so that we can guide you through the process.
