Sickness and Absence Claims In London

Despite the length of time that any employee remains off sick, the company has a duty to keep the person on their books until proper negotiations for dismissal or resignation have been concluded, in order to avoid a sickness and absence claim.

• An employee should inform the company that they are going to be away ill as soon as they can, although in some circumstances this may not be possible, for instance a road accident and hospitalisation.
• Self-certification is required up to a period of three days and by a Doctor if it extends to a week and beyond.
• Employees are entitled to Statutory Sick pay from the 4th day up to 28 weeks, providing the company are not providing financial assistance. After this period an employee will need to apply for Incapacity benefit.
If the problem persists, what can be constructively done?
• It may be possible to re locate the work to the employees home if it is important enough for the company.
• A phased return to work may be a suitable solution. Or an altering of hours to make it easier for the employee to complete their work tasks.

In the long run the company may have to seek a solution on the grounds of capability to do the job, but must be careful of sickness and absence claims based on unfair dismissal. Negotiations should take place between both parties concerned at a suitable time and place, possibly even a home visit.

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