Absence management

Resources

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  AB01: What legislation governs absence management?

  No one piece of legislation deals exclusively with absence management. However....
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  AB02: How can an employer minimise the occurrence of short-term absences and what support is available?

  Absence management remains a vital issue. According to the CBI the UK economy lost 190 million working days to absence in 2010. This cost....
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  AB03: How should an employer treat short-term absence?

  In order to manage sickness absences issues it is important to fully understand the extent of the problem. Employers need to....
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  AB04: What do employers need to know about the use of fit notes (previously known as medical certificates or sick notes)?

  Sick notes, medical certificates or ‘fit’ notes arise when employees are ill or injured. General practitioners (GPs) provide these as....
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  AB05: Can an employer use an absence management procedure which freezes an employee's pay rise because of their frequent short term sickness absence record?

  Provided that it is properly managed, an employer may adopt an absence management procedure which freezes an employee’s pay rise because of....
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  AB06: How should an employer manage long-term sickness absence?

  Managing long-term sickness absence is a difficult process and has the potential to result in claims for unfair dismissal, disability discrimination....
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  AB07: Can an employer dismiss an employee because of long term sickness absence?

  If the time eventually comes when all procedures have been exhausted, all avenues explored and the job can no longer be kept open, the employee should....
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  AB08: How can an employer obtain a specific medical report from an employee's doctor?

  The Access to Medical Reports Act 1988 requires express consent from an employee before a company can approach the employee's GP for a medical report. An employer should....
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  AB09: If an employee who has been absent for apparent sickness refuses permission to contact his doctor can the employer proceed straight to disciplinary action based on their absence record?

  An employer must explain to the employee why they are seeking medical evidence i.e that it would be of assistance in determining the employer's duty of care....
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  AB10: Is an employer required to seek consent from employees in order to process data relating to sickness absence?

  Data relating to the reasons for sickness absence is sensitive personal data according to the Data Protection Act 1998. Part 2....
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  AB11: Can an employer rely on a term in the contract of employment that allows them to dismiss after 26 weeks of continuous absence as a defence to a claim for unfair dismissal and disability discrimination?

  The fact that the contract contains such a provision will mean there is no breach of an express term of the contract should dismissal occur, but it will not....
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  AB12: If an employer dismisses an employee before the contractual or statutory entitlement to sick pay expires is the dismissal automatically unfair?

  This fact in isolation will not render any dismissal automatically unfair. However, the fact that....
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  AB13: Are there any future developments expected in the area of absence management?

  The current government is focusing on absence management issues, particularly related to the cost of sick leave. The background....