We acted for a large employer whose staff had an appalling sickness record. With our assistance, the employer introduced various measures to improve the attendance records, including a "three strikes and you're out” rule. After a certain number of days' absence, a warning would be issued; a final warning would be issued after a set number of further absences; dismissal would follow after a set number of further absences. In most cases, this resulted in attendance being improved. The procedure was challenged at an Employment Tribunal but the claim was not successful.
We advised in a case where a long serving employee was seriously ill. It became apparent that the employee would never be fit to return to work. The employer was about to terminate his employment when it came to us for advice. An ordinary termination would have resulted in a taxable payment being made to the employee. With our assistance, the payment was structured as a termination resulting from a disability. The cost to the employer was the same but the employee received the full payment tax-free.
Many businesses have employees who seem to go sick on Fridays, Mondays and days immediately before and after booked holidays. In such cases, there are rarely identical reasons for such absences. Indeed, the absences are often short-term such that doctors' notes are not produced. In one case, we advised an employer to take an employee through a dismissal procedure. An employee complained that no medical evidence had been sought but the tribunal found that this was not necessary and the claim for unfair dismissal was rejected.