A good sickness and absence policy will make it clear what is expected

legal updates

Businesses now need to balance the continuing engagement and productivity of staff in work.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Sickness absence is an all-year-round management issue for employers, but never more so than now and for the foreseeable future.

There has been significant government intervention designed to control the spread, shield the most vulnerable and protect the NHS requiring us to work from home where possible or otherwise implement considerable workplace health and safety measures and social distancing.  The direct cost to business and to the economy of sickness absence is well known, and there are the hidden costs in terms of lower morale in the staff who have to cover and the potential for mistakes due to increased workload.  This can lead to drop-off in employee engagement and the decrease in productivity which arises when employees become disengaged. A good absence management approach has always been useful to maintain good employee engagement and now more so than ever.

Businesses now need to balance the continuing engagement and productivity of staff in work, whilst maintaining safety, and effectively managing and keeping to a minimum malingering and absenteeism, whilst being more vigilant that they perhaps previously were in relation to presenteeism – where an employee attends work when feeling unwell, which can occur for a variety of reasons, including workload and pressure to perform.  It is important to have a robust sickness and absence policy in place and to utilise and administer it effectively. Lawgistics HR Manager contains template policies for our members and we can produce customised policies if your business requires it. Government guidance is clear:-

Anyone who has symptoms of coronavirus needs to arrange a test as soon as possible and an isolation note is available to those with symptoms, those living with someone with symptoms or in a support bubble, or has been told to self-isolate by a test and trace service or is at higher risk from coronavirus.  An employer can check the validity of isolation notes through the NHS website.

Self-isolation must last for at least 7 days from when the symptoms started.  If the person is asymptomatic but has tested positive, the 7 days starts from day of the test. If an employee tests positive, any staff exposed to that employee should be sent home. 

 https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance

Keeping in touch with employees off sick, or self-isolating is important because without proper methods for managing, storing, logging and looking at timelines around employee sickness, it may because difficult to manage during a second wave for example, if there is one this winter.  

The Statutory sick pay regulations were amended in March, permitting the payment of statutory sick pay (SSP) from day one of an employee’s absence from work (rather than day four), where the employee is incapable, or deemed to be incapable, of doing work by reason of COVID-19.  The clinically vulnerable have been advised to shield, although this will change on 1st August 2020 with the government guidance stating from that date:-

“you can go to work, as long as the workplace is COVID-secure – but carry on working from home if you can”.  If you have an employee in this category you will need to agree with your employee the best way forward and establish a working arrangement which suits.  The clinically vulnerable, may understandably be more worried than employees not considered vulnerable and employers are required to make adjustments and working from home provision where possible.  

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Connected Car FinanceReady to take the connected approach?

We’re here to ensure all used car dealerships deliver a better car finance experience for their customers. With over 4,000 approved dealer partners we ensure you are properly supported and connected with a range of flexible finance options, allowing you to lend and your customers to buy in complete confidence.

A good sickness and absence policy will make it clear what is expected of employees and managers when the employee is off work ill, when the absence will trigger the formal absence management procedure and details of this procedure and how to deal with special cases.  If you do not have one in place Lawgistics HR Manager can provide what you need.  

Polly DaviesLegal AdvisorRead More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Three new employment laws for 2024

The Carers Leave Act, The Neonatal Care (Leave and Pay) Act and The Protection from Redundancy (Pregnancy and Family Leave) Act.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.