BWF members such as yourselves frequently use our Member and Technical Helplines for assistance on a wide range of Employment, Health and Safety, Contractual and Technical issues. We’re putting up a frequently asked question every Tuesday in order to help members and illustrate the type of advice we are able to provide. If you have any questions that you would like to see featured, we would be happy to assist. This question and many others like it can be found in our Question Centre. If you want further advice on any of the issues, don’t hesitate to ring the helpline or browse our extensive publications library, which includes our ‘Discipline in Employment’ guide, redundancy guidance, age discrimination advice, procedures for dealing with ill health absences, and, of course, the BWF’s Employee Handbook. This week: What steps should I take to manage an employee’s long term sickness? Long-term sickness can be confusing and frustrating for both the employer and the employee, however, there are a number of actions employers can take in order to better control long-term sickness absence and reduce the risk of liability for unfair dismissal and disability discrimination. 1. Write it down – Keep a written record of all material events during the period of absence, including correspondences concerning the employee and positive steps taken by the employer during the absence. 2. Keep in touch – Diarise regular times to telephone the employee to check their progress. Beware that ringing too often can be seen as harassment especially if the employee is suffering from an anxiety illness. 3. Certificates – Ensure medical certificates are supplied regularly to cover the whole period, keeping a note of dates and diagnosis. Contracts may provide that any contractual sick pay is dependent on receipt of certificates. 4. Expert Opinion – Establish the medical position at an early stage by ensuring that the employee sees an appropriate specialist at regular intervals. An employer must first obtain the employee’s consent to an examination. Setting this as a requirement in the contract of employment can help persuade a reluctant employee if they risk being in breach of contract by refusing. The employer should ask the doctor: – The nature of the employee’s illness and whether it is a disability as defined in the Disability Discrimination Act 1995 (DDA) – The impact on his or her ability to do the job – Likely length of the illness – Whether the condition is work related – Whether there are any adjustments that could enable the employee to return to work. It may be necessary to assist the employee with travel arrangements or to arrange a home visit. The employer and the employee could also review progress and discuss a ‘return to work’ plan. 5. Reasonable Adjustments – An employer is under a duty to consider reasonable adjustments under the DDA where an employee has a long-term condition that may last twelve months or more and affects the employee’s ability to undertake normal day-to-day activities. The employee should suggest and discuss possible adjustments with the employer, and vice versa. This consideration process should be documented. 6. In House Communication – HR and the relevant line managers must co-ordinate their approach. It will be difficult for the manager to fulfil the obligations of the DDA without an understanding of the employee’s condition. Colleagues should also be briefed on how to respond to questions regarding the employees absence e.g. from customers. 7. Stress! – Look out for any suggestion that stress (work-related or not) is causing or exacerbating the existing condition. If so, this should be discussed with the employee. Stress in itself can now be a disability. Investigate the possible causes and consider any adjustments to address the alleged stress. 8. Beyond Return – Ultimately the employer is still able to dismiss the employee on the grounds of capability or another substantial reason, but only after proper medical investigation, consideration of redeployment and reasonable adjustments, if appropriate and all the steps outlined above have been exhausted. In the event of an unfair dismissal claim the employer must show that the reason for the dismissal was genuine. The statutory disciplinary and dismissal procedure must also be followed. Note: Whilst every effort has been made to ensure the accuracy of advice given, the BWF cannot accept liability for loss or damage arising from the use of the information supplied in this article.