Short Term Absence - Frequently Asked Questions
When we ask HR personnel what issues they have, the answer we receive most often is absence management. Handling the short term absentee can be particularly problematic so in this month's Working Times we answer some of the questions we are most frequently asked. |
What is the impact of short-term recurrent absenteeism?
An employee who is repeatedly absent for a day or two at a time may think that their absence has little impact upon the employer. In fact, the reverse is true. Short term absences impact upon the performance of the individual employee and often cause disruption for the employee's colleagues and the employer generally. Productivity may decrease whilst the employee is absent because there is insufficient time to make arrangements for cover. If cover is arranged for the employee's work, this may add to the employer's costs if overtime becomes necessary. |
What can we do to encourage good attendance?
There are lots of things an employer can do to encourage good levels of attendance. This can include positively rewarding good attendance via cash incentives or prizes. Royal Mail famously improved its sickness absence levels by 18% after it introduced an incentive scheme which rewarded good attendance with holiday vouchers and the chance to win a new car in a prize draw. Other methods place more focus on penalising employees with poor attendance. These include the use of disciplinary procedures and restricting sick pay. The single most effective step an employer can take to improve attendance is the introduction of return to work interviews; in the 2006 CIPD Absence Management Survey (the 'CIPD Survey'), 72% of employers rated them the most effective way to manage short term absence. |
At what point do short occasional absences become a problem?
This is not an easy question to answer; it is important not to adopt a `one size fits all' approach because what causes a problem for one employer will not do so for another. There will be differences between industries as to the level of disruption caused by short occasional absences which employers are willing to tolerate. Some industries seem to generate a higher level of sickness absence than others. For example, the CIPD Survey found that the average number of days lost per employee in a year was 10.6 for employers involved in food, drink and tobacco production but only 5.1 days for the hotel, restaurant and leisure industry. Factors relating to the individual employee may also be relevant - a high level of absence over a short period may not worry an employer if the employee has previously had good attendance for several years and there are clear reasons for their recent time off. Ultimately, within reason, each employer is entitled to set its own parameters for how much absence is acceptable to it and when disciplinary procedures will be instigated; employment tribunals are not allowed to substitute their own views for those of the employer. |
What are absence triggers?
Many employers use a system of "triggers" to determine what action is taken when an employee reaches a certain number of days absence. Often, the action triggered will initially be a referral to the company doctor, or if it is clear that a medical report is unnecessary, then a first warning will be appropriate in many cases. There are a number of different "trigger" methods including:
- `Time lost rate' - this expresses the time lost through absence as a percentage of the total time available
- `Frequency rate' - this expresses the number of different occassions of absence (of whatever duration)
- `Bradford factor' - measures the number of spells of absence and days lost through absence. The Bradford formula
attaches more weight to the number rather than the duration of absences and is calculated as:
Spells of absence x spells of absence x days absent = Bradford factor For example:
Employee A - 9 one-day absences., 9 x 9 x 9 = Bradford factor of 729
Employee B - 2 five day absences: 2 x 2 x 10 = Bradford factor of 40
Although employee B has had more days off work than employee A, the disruption caused by short term absences is taken into account, which results in employee A being given a higher Bradford factor. |
Is repetitive short term absence a conduct or capability problem?
A common misconception amongst employers is that short term repetitive absenteeism is a conduct issue; that the employee is taking `sickles' rather than being genuinely ill. In fact unless there is very clear evidence to the contrary, it should always be assumed that absences are genuine, however an employer can still take an employee through the disciplinary procedure because of poor attendance even though the absences are all genuine and if the employee is dismissed following a series of disciplinary warnings, the reason for dismissal will be capability. The real issue is whether there have been a number of genuine, but unrelated absences or illnesses, or whether the absences result from a single underlying cause. The approach to be adopted in this sort of case is the same, whether the illness causes a single long absence or a pattern of shorter absences. Any action must be informed by medical advice about the likely prognosis. Where it is clear as a result of medical advice that an individual will never return, or will never be able to maintain a stable level of attendance, then an employer will usually be entitled to dismiss fairly once that fact becomes clear. |
How do I go about investigating the cause of persistent short term absences?
The starting point should always be to gather as much information about the nature and causes of absence to see whether any patterns emerge. Each case will require a tailored approach but key questions may include:
-Is there any pattern to when the absences are taken e.g. Mondays, Fridays?
- How much of the absence is medically certified? How much is not?
- Are various causes given for the absences or is there a single or linked cause?
- What information has been gathered in return to work interviews?
- Has the employee given any clues as to the `true' reason for the absences?
|
Is disability discrimination an issue in the context of short term absences?
If the employee has an underlying medical condition, which has caused the absences, the employer must carefully consider whether or not the employee may be `disabled' for the purposes of the Disability Discrimination Act 1995. Unless disability is very obvious, medical evidence will often be required. If the employee is disabled, the employer will need to tread carefully. Just because a non-disabled employee would be dismissed for the same level of sick leave, does not mean that the disabled employee can also be dismissed; the employer must show that the dismissal is justified for a material and substantial reason (C/ark v TDG Ltd t/a Novacold 119997 IRLR 318). Justifying such a dismissal will involve taking medical advice as to whether the absences are likely to continue or improve, and considering what reasonable adjustments could be made to the job or the working environment to enable the employee to continue working.
If you would like any more information about this, or related employment matters, please do not hesitate to contact Adrian Berkeley on 0161 371 0011
|
|
|
|
|
| Return
to Employers Main Page |
