We are all aware of how much annual leave we are entitled to and whether we will work bank holidays. Such things are set out very clearly in the contract of employment. Something that isn’t so definitive is the rules around sickness. There’s no legal guidance about how many sick days can be taken before a disciplinary process is started.
Companies will have varying policies around sick days and will often use their discretion when dealing with this.
We take a look at common ways employers decide when sickness absence is a disciplinary issue, and your rights when off work sick under UK employment law.
Workplace Sickness Absence Policies
More often than not, each workplace will have its own sickness absence policies in place.
This is something to check if you are not already aware, particularly if you have had some time off. Illness happens and most employers understand and accept this. However, it can be one of the trickiest parts of being the boss.
If you are experiencing anxiety about your absence rate, and you feel able, you should approach HR or your manager. You may find your worries are unfounded.
Below we explore some of the common things HR will consider when deciding to begin disciplinary procedures.
Trigger Points
Each company will set their own rules for sickness. There can be a lot of variables involved when deciding how many sick days will trigger a disciplinary. Many companies use set trigger points to look at whether action needs to be taken.
As the name suggests, trigger points are there to ascertain when further action is required. Companies will use these to decide when an employee has been absent too much.
Sickness is inevitable but it is important to have a threshold in place to help manage them. This will usually involve looking at a set period such as the last 12 months and how many sick days were taken.
Bradford Scores
It is common practice for employers to use a formula called the Bradford Score when recording absences.
This formula allows companies to assess absences based on individual scores within the workplace. It takes into consideration the number of absences, the number of days they were absent and the set timeframe.
This system is hugely successful, especially in bigger organisations where an objective measure is needed. This formula will be detailed within the company handbook or sickness policy so that everyone understands it.
Breathe HR has a handy Bradford Score calculator which may help you understand where your level of absence places you.
Ensuring Fairness During Disciplinary Procedures
One of the biggest headaches for management is dealing with sickness. They have to ensure there is fairness at all times.
Trigger points and formulas such as the Bradford Score can be an efficient way to make sure all employees are treated the same. However, this does pose the risk of not differentiating between genuine illness and ‘let’s pull a sickie’ day.
When you need to report an absence, most companies will ask for the reason. However, when HR use trigger points, these reasons bear no reflection on the results. This means employers must use a fair approach even when using such objective measures.
To put this into context, Billy might be needing the time off due to a serious illness, such as heart problems. Then there is Stacey, in the office next door, who just fancied a long weekend so pulled a sickie on Monday. Ultimately, Billy will need a lot more time off but for a very plausible reason.
If reasons for absence are considered once the trigger point is reached, Stacey should be more likely to be subject to a disciplinary after her sick days.
Disadvantages Of Using Trigger Points and Formulas
Here are some of the disadvantages to relying on solely objective measures such as formulas within companies.
- They don’t take into account individual circumstances at all.
- Some sick days are completely uncontrollable and others are made up, yet both are treated the same.
- Formulas and trigger points run the risk of workplaces becoming void of any reasoning and compassion.
- It can be argued that the Bradford Factor is discriminative of disabilities.
- Sometimes the work environment will be an influential factor in illness, e.g. schools and hospitals both have germs galore.
- It can cause employees huge amounts of stress in the workplace when there is a genuine illness.
- Staff morale and performance can be adversely affected by relying solely on such tools.
See Also: Average sick days per year – our guide on how many days off UK workers take each year.
How Should an Employer Decide on a Disciplinary?
Employers must tread very carefully when it comes to proceeding with a disciplinary action in the workplace.
They need to ensure they remain fair yet prove they can consider each set of circumstances on their merit. Below, we outline ways in which employers can decide if disciplinary action is required in relation to excessive absences.
Ensure Company Policy Has Been Followed
Firstly, take a look at whether the employee in question used the correct procedure for reporting their absences.
Most workplaces set out how absences should be reported and then recorded. It is important to consider, before all else, if this was done correctly.
Sick Notes And Illness
If the illness lasted longer than 7 days, a sick note must be obtained.
This should have been passed on to the employer so they can understand the bigger picture and file this information accordingly. A sick note must be taken seriously by the employer and will often render the Bradford Score useless.
Communication Is Key
There has to be clear communication from both sides when it comes to sickness.
Before considering if further action is required, look at the communication log. Has the staff member effectively stayed in touch and kept the boss well informed? Likewise, has the employer done all they can to keep in touch and check in with the employee?
Look At the Bigger Picture
When it comes to staff illness, it is essential to have a good perspective to see the full picture.
By this, we mean taking a detailed look into the history of absences, not just the most recent ones. There might be more to the story, especially if the absences have started suddenly. The individual may be dealing with personal issues that are taking their toll.
Are The Absences Impacting Negatively On The Workplace?
With the staff member absent so much, what effect is this having on the work environment as a whole?
This is one of the biggest factors to consider when employers are deciding if disciplinary action is required.
Are there other team members who are now doing double the workload to compensate for the absence? Is there a temporary replacement who is causing a financial strain on top of paying for sick leave? There is a lot to consider here and this is often what it boils down to.
What Type of Disciplinary Action Can Be Taken?
Employers have to follow strict protocols if they also expect the staff to do the same. This will dictate what type of disciplinary action will take place, if any.
In most situations, the company’s disciplinary procedure and how this works will be set out in its policies. There will be a process that has to be followed, to ensure they abide by the law regarding employee rights.
Examples of disciplinary action include:
- Verbal warning.
- The final written warning which will stay in place for a set time.
- Face to face meetings.
- Looking at the issues based on either capability or conduct.
- Dismissal.
- Appeal.
See Also: Disciplinary meetings – our guide looks at how disciplinaries should be conducted, and employee rights during the process.
Dismissal on Capability Grounds
There will come a time when long term sickness may mean that some tough decisions have to be made, including dismissal.
Employers have to get this decision 100% right though or they risk employees pursuing legal action against them. They can be in trouble for unfair dismissal so it is imperative they follow the process and check everything they do is above board.
Employers can instigate dismissal procedures on capability grounds. This entails following the appropriate steps and treating the employee fairly. Employers need to show they have made any reasonable adjustments to help integrate the staff member back into the workplace. When an employee can no longer do their job role and adjustments cannot be made, dismissal will be the next step.
To claim unfair dismissal, employees must have been with the place of employment for two years.
FAQs
You can receive a written warning for being off sick if your employer feels this is necessary. This usually occurs if you have had more time off than is considered acceptable.
You can be sacked for being off sick if the illness has become long term and you can no longer work on capability grounds.
