You are here: Home > News & events > Law Updates > Are You Still Here? Practical Ways to Manage Absence!

Are You Still Here? Practical Ways to Manage Absence!

03 June 2004

Absenteeism is again in the spotlight following Tesco’s announcement to introduce various voluntary pilot schemes aimed at reducing staff absenteeism. For many employers staff absenteeism remains one of the biggest challenges facing them. In the form of a few practical measures, help is at hand!

The Extent of the Problem

The 2003 Employee Absence Survey carried out by the Chartered Institute of Personnel and Development (CIPD), shows that on average nine (3.9%) working days per employee are lost through sickness absence, with nearly 60% accounted for by spells of fewer than five days.

For businesses, high levels of absence can lead to amongst other things, additional cost burdens, lost and delayed production, reduced levels of service, increased demands on other staff as well as low morale and dissatisfaction.

Having identified the problem, and before implementing any fundamental changes, employers should investigate the underlying cause of absence, whilst always ensuring that they are not left open to claims for disability discrimination. As part of this investigation, absence levels and patterns should be carefully monitored. Having gathered the information, here is a brief overview of some of the options available to employers.

Recruitment and Selection

Applicants should complete a detailed medical questionnaire that provides information on their health and attendance records. Employers should also request this information from the candidate's referee(s). It is recommended that applicant's have a medical examination prior to employment to identify any relevant health issues. Increasingly, job offers are being made conditional upon satisfactory medical screening.

Following recruitment, many employers insist upon a probationary period. Whilst most probationary periods are for limited periods, it is recommended that an employer uses the first year of employment to monitor the true position. Subject to discrimination legislation (where there is no qualifying period of service), it is generally open to an employer to terminate the employment of an employee with a poor attendance record in the first year of their employment, with less risk of legal claim(s) being brought against them.

It is also advisable to have a clause in the employment contract that requires the employee, during their employment, to attend a medical examination at the employer's request.

The Stick!

An attendance policy should be implemented that provides a consistent response to absence. Similar to a capability disciplinary process it should include counselling, a series of formal warnings, ultimately leading to dismissal if levels of attendance do not improve.

Employers should also have in place 'return to work' interviews conducted by trained management and/or HR practitioners. Employees will be required to discuss their absence and the reasons for it. Experience suggests that this can be a highly effective absence management tool.

Management of sick pay is another option. One of the schemes operated by Tesco's (and many other employers) is not to pay sick pay for all or part of the first three days of sickness (the waiting days when no statutory sick pay (SSP) is payable). On a cautionary note, whilst this might appear attractive to employers, any change to existing sick pay arrangements will constitute a change to the terms and conditions of employment, and employee consent will be required. The only way to introduce such a change without consent would be to terminate the existing contracts and offer new terms. It would not however stop the employer only offering SSP arrangements to new employees where a change to existing terms and conditions would not be necessary.

The Carrot!

Whilst punitive measures can be effective, they should not be viewed in isolation. An additional package of incentives (as Tesco's are attempting) can also prove to be highly cost effective. Examples might include extra holidays and rewards for good attendance. Many employers also provide subsidised gym or sports club membership, regular health check ups and counselling services to improve the general health and well being of their employees. Evidence suggests that motivated and incentivised employees are less likely to have poor absence records!

The challenge for employers of employing performing and motivated staff without unnecessary time off remains a difficult one. However, as Tesco's are likely to find, "every little helps!"

For more information please contact Andrew Masters, Partner & Head of Employment.
 

‹ Back

Quick contact

Furley Page Solicitors in Kent, London, Canterbury, Chatham & Whitstable
Get in touch on 0845 603 10 57