Employee Illness

[NJW39]

I run a contract cleaning firm and have an employee who has young children and who on average calls in once a week in to say one of them is sick so she cant come in to work. She does a two hours shift and usually i get v little notice so cant get cover in time. This causes big problems.

The employee has over 1 year service so if i am to performance-manage her i will have to make sure she does not take me to tribunal.

My question is: even following the documented company displinary procedure i guess i cant really discipline her simply for her kids being sick often? When her kids are ill they want their mum to lookg after them, not a baby sitter etc, and she does not have any family that can help her when kids are ill. IN addition, when i asked her to give me more notice she states that the kids are often ill just a few hours before she is due to start work. And i cant disprove this.

 

[Employment Law Clinic]

She's entitled to time-off to make arrangements for care, or to provide assistance when the child falls ill. These should be unforeseen events though, and the fact that she takes the time-off every week or so suggests this is not unforeseeable.

You'd need to be careful you don't breach her right to time-off (provided under s.57A of the Employment Rights Act 1996), but I think it would be reasonable to speak to her about her attendance, suggesting she gets alternative arrangements in place - or her kids accept they have to be content with the child-minder for a couple of hours. If it still continues, you'd have grounds to take action.



Karl Limpert

 

[Touched_by_Insanity]

Good lord, you cant tell me she cant get granny or someone to sit with the child for a couple of hours !!

I would do an attendance report and work out % of absent time and highlight it to her. sounds like you have been more than reasonable. It may not achieve anything but it may give her a jolt.

Maybe her kids pretending so mum doesnt go to work

 

[NJW39]

Hi Karl

i have already mentioned to her i have noted she has a lot of time off sick. In reply she said i am bullying her and she could not help it if her children were ill. She does not have any family that are local and available at short notice so has to look after the kids herself if they are ill. in addition she is on a v low wage and cant afford child care. So, given this, i am not sure what to do. I am fairly sure that if i dismissed her she could claim unfair dismissal? If i could i would replace her tomorw!

 

[arfurd]

Have a read here:

http://www.direct.gov.uk/en/parents/moneyandworkentitlements/workandfamilies/dg_10026555

 

[Employment Law Clinic]

Hi Karl

i have already mentioned to her i have noted she has a lot of time off sick. In reply she said i am bullying her and she could not help it if her children were ill.

As an employer, you have every right (responsibility) to manage absences; this isn’t bullying, just good management.

Is it “sick leave” she’s taking, or “time-off for dependants” (the link arfurd posted refers to this)?

What happens to the kids when she’s working? Does anyone else look after them? If not, why can’t they cope for a few hours while she’s at work? As a regular occurrence, I think it would be reasonable to expect her to ensure suitable arrangements are in place. Given the low wage, she may not like this idea, or may think the job isn’t worth having, but she can’t expect to pop into work as & when she cares, which is effectively what she’s doing.

I am fairly sure that if i dismissed her she could claim unfair dismissal? If i could i would replace her tomorw!

If you dismissed her tomorrow, I’m fairly sure she could claim unfair dismissal too, but if you manage (not bullying) her attendance and this doesn’t improve, you would have fair grounds to dismiss.

It would take some careful handling to ensure your actions are reasonable, but with this, if she still didn’t improve her attendance, you could dismiss.




Karl Limpert

 

[FirstClassVirtualOffice]

added to wrong thread :|