Returning to work after long term sick

[fattony]

Hi

I have an employee who has been off sick most of this year (not work related), they are generally signed off for 2 weeks at a time and last minute a decision is made if they will be back to work as per sick note or signed off again.

As a result I have numerous customers frustrated that we’ve had to postpone their order on more than 1 occasion, they are currently due to return to work next Tuesday, however a doctors appointment on Monday could result in being signed off again.

Therefore I want to propose to them I need 1 weeks notice as I can no longer book them work, I need the doctor to give the all clear and have a week to plan their work, that week would be unpaid or holiday allowance.

Is this legal? I’m looking to avoid having to terminate contracts, it’s the unknown that’s the problem here.

Thanks

 

[Newchodge]

If your employee is fit and willing and able to work, the absence would be on full pay.

 

[IanSuth]

@Newchodge

One for you here

I think you ought to be looking at an Occupational Health booking with a view to being able to plan on what happens next

 

[WaveJumper]

Worth a read through here too

Return to work meetings - Returning to work after absence - Acas

Returning to work after time off, including return to work meetings and phased returns.

www.acas.org.uk

 

[fattony]

ok thanks, was just trying to find a balance so we're not constantly letting customers down last minute, to find out at 2pm that the employee is signed off for 10 days and we have to postpone their work for the third time is extremely poor customer service

 

[Newchodge]

ok thanks, was just trying to find a balance so we're not constantly letting customers down last minute, to find out at 2pm that the employee is signed off for 10 days and we have to postpone their work for the third time is extremely poor customer service

Perhaps you need to look at your business model - relying heavily on a single individual is a risky strategy anyway.

 

[Paul Kelly ICHYB]

How long have they worked for you?

 

[fattony]

Perhaps you need to look at your business model - relying heavily on a single individual is a risky strategy anyway.

Not really, each employee has work scheduled the odd day unplanned we can cover but 2 months with zero notice jobs constantly being pushed back, rock and hard place, I can't book work in as they may not return, but if I don't then they return with no work booked

 

[Ozzy]

I can't book work in as they may not return, but if I don't then they return with no work booked

I accept I don't know your business model, but sharing the same advice I gave my daughter last week when she had a member of staff off and how I approach my own business.
That is, as soon as a member of staff calls in sick start running your business on the basis you never know if or when they will ever return. Then when they do return, you adapt then back to having someone back in the team. Even if they have said they'll be back 'tomorrow' assume they won't be. It puts you in the mindset to be able to cope as opposed to being on the back foot.

I feel it is better to have an extra pair of hands you were not expecting than to lose a pair of hands you were expecting.

 

[Paul Kelly ICHYB]

@Newchodge If they were there under 2 years, could they be dismissed without the possibility of action?

 

[Newchodge]

@Newchodge If they were there under 2 years, could they be dismissed without the possibility of action?

Possibly. They have been on long term sick, they may have a disability, which would make dismissal problematic.