Question: One of our workshop fitters repeatedly takes sick leave on a Friday. He blames the company for working him too hard throughout the week and states that he has physical burn out or minor injuries, like a pulled muscle, for his leave. However, he has been seen out in the pub on a Friday when he has called in sick. When called out, his response is that he is still able to sit, but he is not able to do the physical work. He has been at the company for three years and only in the last six months has his sickness become a problem. What should I do?
It sounds like you’re in quite a tricky situation with your workshop fitter. Don’t worry, we can work through this together. Let’s break it down and tackle it step-by-step.
First off, it’s crucial to address these persistent short absences as well as the emerging pattern of repeated Fridays off. Start with a return-to-work meeting after each absence. This is your time to discuss the issue directly, understand his perspective, and reiterate your expectations. If this doesn’t resolve the problem, it’s time for a more formal investigation meeting to dig deeper into the reasons behind his recent absences.
Ensure you have a robust sickness absence policy in place. This policy should clearly outline that persistent short-term absences and patterns of absence can count as misconduct. However, you must remember to handle absences relating to disabilities carefully, so – if this is the case for you, it’s always best to remind yourself of your obligations under the Equality Act 2010.
While you may have some preliminary thoughts, it’s always a bets practice to keep an open mind when handling investigations. It’s possible that he’s out and about as a form of therapy to help his health issues, so avoid jumping to any conclusions.
If he’s claiming his absences are due to work-related issues, your duty as an employer comes into play. Conduct a thorough risk assessment of his tasks to see if his job could be contributing to his health problems. If necessary, consider offering him light duties temporarily while seeking advice from an occupational health specialist. This will help determine if his health problems are indeed linked to his role.
If light duties aren’t feasible for your business and he’s not fully fit to perform his job, he may need to be signed off sick. Should the occupational health assessment confirm genuine health issues, they will suggest practical adjustments to his role. Discuss these adjustments with him to see if they are workable. If not, explore other roles in the company that might better suit his situation.
If no alternative role is suitable or available, you may have grounds for termination on capability, but proceed with caution and seek Legal and HR guidance first, as dismissals on these grounds are often complex.
On the other hand, if the occupational health assessment indicates his health issues are not in fact genuine – or at the very least do not justify his frequent absences, you could consider formal disciplinary action if the problem persists. Remember, you can also seek medical guidance from his GP, but generally, an occupational health report will be more detailed and helpful.
If you require more personalised advice or support with this issue, please don’t hesitate to reach out to our Legal and HR Advice Line Service on 01455 852 037 for FREE support from the experts. Plus – through your membership with Cumbria Chamber of Commerce, you can also book a no-obligation One2One Business Review for further support and guidance.
