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Home Management

Can you terminate the contract of staff on long term sick leave?

in Management
Reading Time: 5 mins read
Can you terminate the contract of staff on long term sick leave?

Photo by Toa Heftiba on Unsplash

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Everyone who has ever been responsible for the growth of a company is aware of the fact that the increased likelihood of interpersonal disputes coincides with the maturation of a team. In the realm of human resource management, sick leave is a problem that arises frequently and can on occasion provide some difficulties. Profitability and margins may be negatively impacted in the absence of adequate absence management techniques.

Even though this risk cannot be eliminated entirely, it may be mitigated by effective communication and thorough protocols for managing absences.

We were of the opinion that owners of small companies would gain something from a discussion of the various difficulties involved with being absent due to sickness.

 

Communication and knowledge are critical.

The most important thing you can do is put in place an efficient monitoring system that keeps a record of everyone’s absences and the reasons for them. This gives you the ability to monitor and recognise any troublesome trends at an earlier stage.

In the event that an employee is unable to report to work due to sickness, they must be informed of the company’s policy regarding sick leave and given instructions on how to do so. You will need to keep a record of the reason(s) for their absence as well as the length of time that they have been missing.

It is possible that a sickness that lasts only a few days but strikes frequently might be more disruptive to your firm and its employees than an absence that lasts for a longer period of time. You will likely find that it is difficult to coordinate a large number of short-term replacements. In addition to this, it may be damaging to the morale of the squad.

Employees have the option of self-certifying their sick leave for the first week, which includes the weekends, but after that they are required to provide a fit letter from their primary care physician.

People who are off from work for a period of four weeks or more should be contacted periodically while they are on extended sick leave so that you may support them in returning to work gradually if that is necessary.

One of the most efficient management strategies for preventing unnecessary absences is holding a return-to-work interview for employees after any leave of absence. On the one hand, it acts as a disincentive to those who want duvet days, which is one of its primary functions. In addition to this, it sheds light on those who are coping with an underlying illness or struggle at work, such as being bullied or having unfair workloads.

‘Attack problems early, and you reduce the likelihood of a single rotten apple impacting the whole barrel.’

 

Sick pay regulations

As an employer, you can choose between two different options. Currently, the amount of statutory sick pay (SSP) that employees are legally entitled to receive is £96.35 per week (2021/22). This amount is subject to change. The employee is eligible for up to 28 weeks of compensation, but the SSP payment doesn’t start accruing until the fourth day of an illness.

You also have the option of negotiating more advantageous sick pay terms into your employment agreements. Because most companies give more than the SSP, you may find that your ability to hire qualified people is hindered if you do not offer it yourself.

 

The problem of absenteeism due to illness

It is human nature to want to avoid taking fake sick days when possible. However, it is also essential to keep an eye out for illness presenteeism, which happens when people return to work before they have fully recovered from their illness or refuse to quit altogether. This is frequently due to a decrease in compensation or a desire to be seen working – this may harm their performance, worker morale, and ultimately, your profit margins.

The most efficient approach to mitigating the danger posed by this threat is to promote wellness in the workplace in a way that acknowledges the importance of employees taking unscheduled time off when it is required. For instance, expanding the use of annual leave across the entire year could help reduce both absenteeism and presenteeism in the workplace.

 

Procedures for disciplinary action and reasons for dismissal

When it comes to managing employees who take time off without providing a valid reason, having an absence management plan in place is absolutely necessary for determining the most effective next step to take.

Your first step is to have a conversation with the worker in question and let them know that you are unhappy with their attendance history. You will be able to illustrate how their attendance is lower than that of their coworkers if you keep reliable attendance records. Conduct research to unearth the reasons behind this phenomenon. aims for progress. If they do not show signs of improvement, you will need to implement a discipline plan that is really rigorous.

It is common for a fit note to indicate that the individual may return to work on “low duties” or with reduced hours; however, this is not always possible. If it is not possible for you to comply, then you are under no duty to give your consent. Their remuneration will be adjusted accordingly in the event that they return to work part-time.

When you’ve established that an employee is off for a lengthy period of time due to illness, you have the right to seek access to their medical records from their primary care physician or another qualified medical practitioner. Before disclosing sensitive personal information, the general practitioner or other health care professional will need this consent form, which must be signed by the patient.

When you have the report in hand, you have the option of looking into the Occupational Health standards to see if there are any reasonable concessions that may be made to facilitate the employee’s return to work.

Employees who are absent from their jobs for a lengthy period of time can be considered disabled, which would afford them increased legal protection. They risk losing their jobs on the grounds that they are unable to do their jobs owing to their bad health if it becomes clear that they will not be able to return to work in the near future. In this particular scenario, we suggest seeking the direction of an experienced guide.

It is important to keep in mind that the statutory ill pay is regulated by HMRC, which makes filing fraudulent claims a criminal felony. Workers could be dissuaded from engaging in dishonest activity if they anticipate being investigated by HMRC.

 

Suffice to say that this is the worst-case scenario.

In most cases, you will have honest individuals who do not want to take advantage of their sick leave and who wish to make a positive contribution to your firm. We can only hope that there won’t be any need for extended or faked short-term sick leave in the future.

Open communication, norms that make sense, and a solid understanding of the relevant laws and disciplinary procedures are some of the ways that these kinds of risks may be reduced.

To put it simply, you should find out how you will be helped in the most dire of circumstances. Taking care of these problems as soon as they arise will lessen the likelihood that one rotten apple will spread its disease to the rest of the barrel.

 

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