This article outlines practical steps to manage absence risks.

For most employers, a weekly or monthly occurrence will be issues arising out of the absence of employees. This will range from the one off, occasional absence to repeated or long term sickness absence. We have set out below some key points in dealing with absence.

Absence Management Policy

All employers should have, as a matter of course, an up to date Absence Management Policy, which should provide for:

• confirmation in respect of contact on the first day of sickness;
• the procedure for self-certification;
• the requirement for fit notes and what is expected of employees in this regard;
• any entitlement to enhanced sickness pay which is over and above current statutory provisions; and
• a link to the disciplinary procedure, should it need to be invoked.

Pattern of Absence

An employer should keep a close eye on the type(s) of illness that someone complains of and the reasons provided for that absence. This to uncover whether there is a consistency with the complaints or whether there is a link between the absences, always keeping in mind that the illness could constitute a disability requiring reasonable adjustments.

'Stress or Stress', 'Depressed or Depressed'?

One of the more common reasons that many employers are provided with for sickness absence is on the grounds of work related stress or depression. Our own view is that there is stress and depression with a capital 'S' or capital 'D', which is the clinically recognised mental disorders which could be classed as a disability; and there is also stress and depression with a lower case 's' and 'd' which may just be short term feelings of anxiety or pressure at work which almost all employees will encounter at some time in their career.

However with that being said, the determination as to which type of stress or depression is present should not be made by an employer or Human Resources in isolation but in conjunction with an employee's GP and preferably an Occupational Health Professional. That expert can provide a report detailing the nature of the condition and prognosis going forward, potential recovery, return to work (if appropriate) and may be able to assist with advising on any reasonable adjustments to facilitate a return to work.

In circumstances of stress and depression, an employer should also assess their own working practices and conditions. They should be looking closely at the number of hours being worked, their performance when measured against others and any other external factors which are impacting on the employee's working life e.g. childcare concerns, marital problems, care for elderly parents or other difficult personal issues. In such circumstances there may simple steps that can be taken to alleviate such issues; in the hope that an early intervention could prevent someone moving from a situation of coping with everyday pressure to a clinically recognised ailment.

Friday/Monday Absences - And the Assistance of Social Media 

Employers should also monitor when employees are off, particularly if there is a recurring absence issue. Those who take off Fridays may be starting the weekend early or who take off on a Monday, may be recovering after the weekend. If the behaviour is persistent it should be investigated via the Company's disciplinary policy and addressed accordingly.

If there is an absence which is during the working week, and details of a night out the previous evening come to your attention, whether through a colleague or through social media, the evidence may be used as part of an investigation into alleged misconduct, whilst being careful to ensure that any response is commensurate with the evidence provided, that the approach is consistent with other instances of this type, and noting that an illness can occur after a night out, which is not in fact related to over indulgence.