calling in sick after holiday

ZOOK · Aug 20, 2009

Hello I wonder if anyone can help me on this I have quite a few employee's from eastern europe, the latest trend is to fax a sick note (well supposedly official translation) from there home country saying there not fit for work this is happening all to often which seems like they just want to extend there holiday.
Is there any thing that can be done to stop this as I believe that the majority are fit and well enough to work can I ask for there return flight tickets to show it wasnt just extended holiday.

Employment Law Clinic · Aug 20, 2009

Unless these notes are stating they aren't fit to travel, you should expect them to return to the UK, see a doctor here, and provide a standard sick note.

In terms of asking for flight documents, no harm in asking, but no guarantee they will comply unless it was part of a formal disciplinary action - and not even then.

Happy to discuss, but need to know more details to look at properly.

Karl Limpert

I-PAY · Aug 20, 2009

I agree with ELC. From a payroll point of view, to get Statutory Sick Pay from you (if eligible) they are permitted to self certificate their sickness notification to you for the first 7 days (hence their fax) but must provide a doctor's note after that. I would not think you could demand any other evidence, such as plane tickets, however.

I-PAY

ZOOK · Aug 20, 2009

Here are a few examples

recieved a fax from a dentist in poland saying Mrs X has to make an appointment with them in order to undergo medical treatment within the period from 16/08/2009 - 24/08/2009.
with this in mind Mrs X was in poland for the 2 weeks previous to this

1 recieved today stating Mrs A unfit for work due to illness that requires bed rest

Mr B unfit for work for 1 week no reason

wording in employye hand book states
A doctors certificate must be submitted for any absence which occurs before or after a holiday a self certificate is not acceptable in these circumstances

so do these faxes constitue a doctors note if not can I ask for a doctors note

ZOOK · Aug 20, 2009

Mr A just been in came back to uk yesterday even though was due in work 4 days ago asked what his illness was reply was sick.

OldWelshGuy · Aug 20, 2009

If they haven't been working that long, sack one of them. Just terminate their employment. There will be no need for explanation, just get rid of 1. the rest will then toe the line

I-PAY · Aug 20, 2009

Hi Zook. I'm not an expert on the employment law side of things. However from what you say it all depends on what your handbook/contract states. If you have agreed to pay occupational sick pay (i.e. full pay rather than SSP rate) then the self-certification and doctor's notes rules don't apply since they only apply to providing SSP. So for example if you have stated you'll pay full pay for one month on production of a doctor's note then you can demand a doctors note from day 1. Otherwise revert to SSP rules. Either way an employee should provide more info than "sick" I would say. Hope this helps.

ZOOK · Aug 20, 2009

OldWelshGuy said:
If they haven't been working that long, sack one of them. Just terminate their employment. There will be no need for explanation, just get rid of 1. the rest will then toe the line

I wish it was that easy but they have been here for more than a year " feet under the table" so to speak.

Aug 20, 2009

ZOOK said:
I wish it was that easy but they have been here for more than a year " feet under the table" so to speak.

If you don't mind me asking Zook, what is your firm? What do these workers do?

ZOOK · Aug 20, 2009

With out going in to detail just a general busy production enviroment

OldWelshGuy · Aug 20, 2009

ZOOK said:
I wish it was that easy but they have been here for more than a year " feet under the table" so to speak.

buggerit (as foul ol ron would say)

Employment Law Clinic · Aug 20, 2009

I'll happily help Zook, I've sent a PM with more details.

The bottom line is that these people are not being fair to the employer, and you can & should take action against them. Regardless of their length of service, you can deal with them & challenge this nonsense, and I would strongly recommend it.

Karl Limpert

LimeHR · Aug 20, 2009

You need to tighten up your procedures including specifics on medical evidence and start carrying out back to work interviews. There is aquite a lot you can do to deter this sort of behaviour so worth us chatting the options through. Email or PM on here or call us.

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