Management of Employment Law Absences in Scotland
Management of Employment Law Absences in Scotland
Individuals will inevitably require periods of absence from their jobs on account of illness or other unforeseen circumstances. Conversely, proactive measures to oversee annual leave have the potential to improve employee welfare and productivity, thereby yielding advantages for employers’ organisations. If you require assistance or additional information regarding the employment contract in Glasgow, Complete Clarity is at your disposal. We assist employers and workers in reaching mutually beneficial adjustments that are rational.
Recent assessments indicate that hundreds of man-hours are wasted daily, which has a significant negative impact on the profitability of businesses today. Based on recent data, the average annual loss per employee amounts to 4.3 days, which is incurred for £522. Vacancies enduring no more than seven days are responsible for nearly two-thirds of the time lost on the job.
Presented below are the foundational principles of effective absence management.
Techniques for effective absence management
Particularly when three-fifths of absences are attributed to mild ailments that last for less than five days, the majority of organisations surveyed (94%) concur that tightening work-related procedures to test attendance has a substantial effect on reducing absence rates.
The differentiation between brief and protracted absences due to illness
Employers are obligated to differentiate between extended and temporary absences when managing sick pay and other matters about illness. When a sequence of brief yet frequent absences seems to lack any discernible correlation, disciplinary action may be warranted. With effectively managing extended periods of medical leave, this approach may not be optimal.
It is recommended that the terms and conditions of employment be distinct by the duration of medical leave.
Implementing short-term absence procedures:
- Develop an extensive process that an employee can comply with.
- Develop an absence monitoring system and monitor it regularly to identify emerging patterns.
- It is always the responsibility of the individual’s immediate supervisor to conduct return-to-work interviews to ascertain that the reasons for the absence are comprehended.
It may be suitable for the employer to grant a certain degree of flexibility in situations where the employee has personal concerns rather than work-related ones, provided that the employee is able to resolve them.
As connections to disability discrimination may not be readily apparent and a concealed underlying condition may exist, the employer should consider requesting a medical report to substantiate the employee’s level of absence.
Ascertain whether the absence is associated with the Equality Act of 2010, taking into account factors such as hospital appointments or essential medical treatment, provided that there are valid medical justifications for the absence.
If there is no discernible medical cause for the employee’s termination and the situation escalates to the point of termination, it is possible that misconduct is to blame. The employer must demonstrate that an impartial procedure was adhered to in this instance.
After following the appropriate procedures and if the employee has an excessive absence rate despite having a recognised medical condition other than a disability, it may be feasible to terminate their employment for a reasonable reason, provided that an alternative compelling reason is presented.
Implementation of long-term absence procedures:
The critical steps in effectively managing prolonged absences consist of:
- It is impossible to overstate the significance of absence policies, monitoring, and return-to-work interviews. It is prudent to seek medical advice in the event of a brief absence to ascertain whether the employee’s condition meets the criteria for a disability and to evaluate the employee’s suitability for their position.
- Moving forward, it is critical to have a clear understanding of the information that must be included in the medical report, including the patient’s capacity to perform their job and the nature of their illness.
The individual should be consulted and debated after the receipt of the medical documentation (during a welfare visit), except for any recommendations put forth by the doctor. Consider the employee’s recommendations regarding return to work, and if the ailment was occupationally related, the underlying cause should be investigated. - The employee’s dismissal will likely be predicated on their performance; therefore, ensure that all actions taken are deemed reasonable and that all matters are formally documented in writing to clarify the employer’s intentions and the employee’s responsibilities.
The topic of returning to work
These actions must be taken when an employee returns to work after a period of medical leave:
- Implement a return to work discussion with the employee no later than two business days following their resumption.
- The conversation should be documented and communicated via the Return to Work form.
Utilise the appropriate information system, such as the Manager Self Service in the Electronic Employee Support System (eESS), to document the Return to Work discussion.
Contact us for Legal advice on Employment Law matters – Solicitors Scotland
Our firm, which has offices in Glasgow, East Kilbride, and Edinburgh, serves clients throughout Scotland, including those in Airdrie, Motherwell, Bellshill, Dumbarton, Paisley, Ayr, Fife, Crossmyloof, Giffnock, Clarkston, Newton Mearns, and numerous other nearby communities. Call us at 0808 169 7033 for a free* consultation with one of our Glasgow- and Edinburgh-based employment lawyers, or fill out our online contact form, and let us assist.
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