Problems for Taking too Much Sick Leave

Employees who take a lot of sick leave, regardless of underlying medical circumstances, have to appreciate that they risk facing formal action: if an employee is off sick regularly, they are costing their employer without contributing to the success of the company.

Too many employers though commence action as a necessary step on the way to dismissal, rather than as an opportunity to improve the circumstances, and get the employee back into work.

If the reasons behind the sick leave can be addressed (these may be something to do with the working environment, or the employee may require support from the employer for matters outside of the workplace), clearly this would benefit the employer greatly, as they would avoid the costs of recruiting & training a replacement, and all the supplementary costs & inconvenience of terminating one contract & starting a new one.

Occasionally though, despite the best efforts of the employer, there is no alternative to exploring dismissal. Where this does become a reality, an employer should give clear notice of this possibility as soon as practical, and then be sure to follow all relevant steps carefully, as any oversight in the process could otherwise make a dismissal unfair, even if only on a technicality.

For further advice, or assistance in managing staff with a poor attendance record, contact Employment Law Clinic: