Unauthorised absence

[AnneLou]

I have an employee who has pretty much gone awol this week. They have a key role in the business and called sick half hour before their shift started on Tuesday (actually a family member called sick on their behalf) - the reason was a vague "been sick all night".
The following day, no show and no call so later in the day we attempted contact and left message on number used by family member because no other number we had was being answered! Message asked staff member to get in touch. Early evening and staff member calls site to state they wouldn't be in following day - was asked why and hung up. This was Wednesday.
Since then, no contact whatsoever and won't answer phone or return messages.

OK - so carrying that persons job is putting immense strain on others and I don't know how to plan this out.

How long do we keep employing someone who won't make contact and is currently unauthorised leave? They have worked over 2 years and we have had "flaky" sickness incidents in the past but none for so long without any contact. No disciplinary has ever been taken because we were usually so grateful they came back, we got on with things until the next hiccup.

 

[Employment Law Clinic]

The absences – for unauthorised annual leave, or unreported sick leave – appear to be getting out of hand. For sick leave, you need to bring procedures under the label of capability – normally the same procedures as for your disciplinary procedures, just a different label. For AWOL (including unreported sick leave absences), the procedures are disciplinary.


This case sounds like disciplinary, while your employee that is giving notice to take leave in the routine way, and then not being declined it, requires you to actually amend and/or enforce your policies for leave.



Karl Limpert

 

[Newchodge]

Start with your sickness management policy. What are the notification requirements? Are they in breach of the notification requirements? If so, notify them by letter, that they are in breach and explain that this breach is unacceptable.

If you don't have an adequate sickness management policy then you can do nothing - they are off sick.

 

[AnneLou]

Hi Cyndy - yes, the person has breached our requirements. Our policy states 4 hours notice by telephone from employee only unless they are seriously incapacitated. Our policy also states to be in regular contact with us and to inform us of the reason and anticipated time absent.

To Karl - this is the same employee who has been over-taking their leave! On the last pay, the employee did not receive a full pay because they had lots of days on leave and their paid leave had run out. I did warn the employee prior to running pay and they shrugged it off! I feel like the behaviour is all linked.

I know that they have breached the policy but I guess I just want to know how long someone can remain out of contact with us before we take it that they are no longer employed or don't want the job? I can't figure out if the employee is trying to make a point how important they are to us or if they are really just saying shove your job - after so many days I am actually thinking I should be worried about their welfare but they appear to be cutting our calls off totally and won't reply to messages left with them or family members we have numbers for.

 

[Newchodge]

I know that they have breached the policy but I guess I just want to know how long someone can remain out of contact with us before we take it that they are no longer employed or don't want the job?

Really, really stupid question.

Your employee - you take control. Write to them tomorrow pointing out their breach of the notification policy and inviting them to an interview on x date to discuss this, with disciplinary action a possible outcome of that interview.

 

[Mr D]

We had someone go off sick without contact more than once at my previous employment. The advice the HR service that the company had a contract with at the time was to suspend the employee on full pay until a meeting could take place or until multiple meetings had been arranged and ignored by employee before they could be sacked. This was about 7 or 8 years ago so there may have been changes.

 

[AnneLou]

Thanks Cyndy - you are right! I have sent the letter. I think that sometimes I get so caught up in the value of the job the person does that I probably let them get away with things that I should take charge of. I was failing to actually see that the authorised absence could be a reason to dismiss. I was panicking because I am covering that persons job and it is a lot of hours - leaving me unable to focus on other things. I cannot keep that up for too long!

 

[Newchodge]

I hope you don't mind me saying but you come on here quite often with an issue about staff who are taking the piss. You know what you need to do but you let your fear of that staff member's value stop you from taking the action you know you need to take. I think you need to take control

 

[The Byre]

you let your fear of that staff member's value stop you from taking the action you know you need to take.

A member of staff who is not there is of very little value.

Only once in my entire life did I employ someone who was of more value absent, than he was when at work. His name was Tony and counting from left-to-right, he lasted three months, was without a doubt the most useless employee ever to walk the surface of this planet, but provided me with so many funny stories, that, looking back, he was worth every penny we paid him!

This was in Germany and one of the more surreal moments, was a staff meeting with Tony present, in which we discussed at great length (and in German - a language Tony did not speak - he barely spoke English!) ways of killing him.

One girl just wanted to put an ice-pick through his brain, but our lead engineer suggested that we wall him up in the cellar, leaving just a small hole and then we should blow red ants through the hole. Throughout this discussion, Tony sat there open-mouthed like a gaffed salmon.

 

[STDFR33]

Same employee?
http://www.ukbusinessforums.co.uk/threads/taking-more-holidays-than-entitlement.375202/

 

[Anon2734]

Before you take action on the sickness check medical certification and be mindful of protected characteristics.
There are types of illness you have to tread carefully with.
Your first steps should be to invite to a meeting, you can hold this at the persons home if they agree.
They should be on ssp or company sick pay if you have alternative arrangements.
If in doubt check acas code of conduct or gov.uk for rules.
Through following Acas guidelines you will ensure compliance.
You cannot just suspend as yet you do not know the extent of illness.
Other factors such as previous conduct and how you handled this such as warnings will also be a factor.
If you just suspend you could end up in tribunal.
If you would like professional help get in touch I can refer you to a specialist.

 

[Employment Law Clinic]

Before you take action on the sickness check medical certification and be mindful of protected characteristics.
There are types of illness you have to tread carefully with.
Your first steps should be to invite to a meeting, you can hold this at the persons home if they agree.
They should be on ssp or company sick pay if you have alternative arrangements.
If in doubt check acas code of conduct or gov.uk for rules.
Through following Acas guidelines you will ensure compliance.
You cannot just suspend as yet you do not know the extent of illness.
Other factors such as previous conduct and how you handled this such as warnings will also be a factor.
If you just suspend you could end up in tribunal.
If you would like professional help get in touch I can refer you to a specialist.

For the love of Zeus, how much more pussy-footing around do you suggest AnneLou engage in? At this stage, I wouldn’t care less if he’s broken his back, will be permanently disabled, unable to walk. No reason why someone couldn’t have reported him being more than “been sick all night”, with the employee later hanging up before giving any detail as to why he was again going to be absent.


The procedures are in place. The employee has failed to follow them. He’s inviting disciplinary action. Following Cyndy’s advice above is the appropriate next step. There doesn’t even have to be action for the sick leave itself, only the failure to report it - with disciplinary action.


(And without any risk of a tribunal claim, AnneLou could suspend if this is deemed sufficiently serious misconduct, although I wouldn’t care to suggest it is, given the lack of formal action before now.)


Karl Limpert

 

[Anon2734]

index.aspx?articleid=5629

Annlou this will help official guidelines through acas.
If you require professional support get in touch I can refer you.
I cannot post links but the article id is above on the acas website.

 

[Employment Law Clinic]

index.aspx?articleid=5629

Annlou this will help official guidelines through acas.
If you require professional support get in touch I can refer you.
I cannot post links but the article id is above on the acas website.

How does this help?

Can you be dismissed while on sick leave?
Can you dismiss somebody when they're on sick leave? This is one of the most often asked questions on the Acas Helpline, according to Helpline adviser, Tian Zhu.

Speaking about Discipline on an Acas video, she said that it was possible to go forward with disciplinary procedures - including when it may result in a dismissal - while an employee is off sick.

Employers have to act fairly and reasonably and follow their procedures. For example, if the employee is away because of a short illness, it might be reasonable for the employer to postpone the disciplinary hearing until the employee is fit enough to attend, she said.

Long-term sick
With long-term sickness absence, the employer still needs to consider the employee's right to put forward their case and balance that against the organisation's needs to carry out the procedure without unreasonable delay

Is " been sick all night" even a short or long term sick absence? The failure to report the absence, let alone reasons for this, is a disciplinary matter - sick leave, the reasons for absence, don't have to come into it.


Karl Limpert

 

[ethical PR]

index.aspx?articleid=5629

Annlou this will help official guidelines through acas.
If you require professional support get in touch I can refer you.
I cannot post links but the article id is above on the acas website.

I'm sure if @Annlou needs professional support, she can contact one of the long standing employment law/HR experts on here such as @Newchodge or @Employment Law Clinic who have been providing her with such reasoned advice on here already, rather than an anonymous newbie

 

[Anon2734]

Ann lou as I said the person has two years service.
This leaves you open to tribunal.
A suspension during sickness is not advisable whether long term or short.
This could be any illness including work related stress or even pregnancy.
What im saying is establish the facts of illness before acting.
Also in official terms Acas do not consider not calling in sick gross misconduct.
You could dismiss on Sosr grounds but establish details of the illness first.
With respect my friend im not here to argue who gives correct advice.
I will point out on another post one of you misadvised somebody that heads of terms was 3 months for a new employee.
Its actually 2.
Refer to ACAS Ann lou its far more acurate and guided by factual law.
Get in touch if you require help im not here either to win business.

 

[AnneLou]

Thanks guys - I have an update!

I followed Cyndys first advice to write and invite to meeting - did it via email. The employee immediately responded and explained that they would not be coming back and after 5 years just didn't want to work for us anymore!

I am feeling bone-tired and totally drained because I have been covering their job as there is no-one else. I'm upset that they didn't work notice and even more upset that the employee strung it out for a week before admitting it.

The thing is that I doubt the employee had any thoughts whatsoever about what they were doing - it probably never even entered their head that we would think they could take us to a tribunal if we didn't handle things correctly. i just spent several days fearing the worst.

If I take the time to really read our policies, I know the answers are there and I find that just getting that little shove from the experts like Cyndy and Karl really helps me to focus! Thanks.

 

[Newchodge]

Of course, as he was in breach of notification rules he is not tentitled to any SSP for last week.