Managing long-term sickness absence requires careful consideration and compliance with legal requirements.
- Employers must obtain and assess medical evidence from medical professionals before making informed decisions.
- Specialist occupational health advice is crucial for determining suitable workplace adjustments.
- Understanding the legal duty to make reasonable adjustments under the Equality Act 2010 is vital.
- Employers should follow a defined process when considering dismissal due to incapacity.
When an employee’s absence transitions from short-term to long-term, employers are obligated to seek medical evidence. Written consent from the employee is necessary to approach their GP or specialist for a medical report. This report should pinpoint the impact of the employee’s health condition on their work and suggest necessary adjustments. Employers must ensure compliance with the Access to Medical Reports Act 1988 (AMRA) and the UK GDPR alongside seeking professional advice.
Many GPs hesitate to recommend specific workplace adjustments. Consequently, acquiring a specialist occupational health report is advisable. This report offers clear guidance on potential workplace modifications and aids in decision-making. Employees typically provide consent within their employment contract for medical assessments at the company’s expense. Once finalised, these reports become central to the next steps in the process.
Employers have a legal obligation under the Equality Act 2010 to consider reasonable adjustments for employees defined as disabled. Disability in this context is any long-term impairment affecting daily activities. Employers should weigh factors like the effectiveness of the adjustment, cost, potential disruption, and financial resources available before deciding on an adjustment’s reasonableness. Examples include reallocating duties or adjusting work hours.
Should the conclusion, based on medical evidence, indicate no probable return to work, then dismissal for capability or some other substantial reason (SOSR) might be considered. The process must be consistent with legal protocols, recognising that smaller employers may face more constraints in resource allocation compared to larger firms.
In cases of dismissal, employers must follow due process. This includes inviting the employee to a meeting, offering the right to accompaniment, and ensuring clarity that termination is a potential outcome. Employees may refuse in-person attendance, requiring alternative arrangements like virtual meetings. After reviewing evidence and discussing with the employee, a decision is made and communicated in writing. The employee retains the right to appeal, and any consensus should be formally documented.
Adhering to legal protocols in managing long-term sickness absence ensures fairness and mitigates potential legal repercussions.
