Tag Archives: sickness

The Next Round of Employment Law Updates

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The Next Round of Employment Law Updates

Just when you thought you knew everything you needed to know about employing staff, they changed the law! Here is a summary of some of the recent changes that you need to know about.

  • Tribunal penalties for employers – from 6 April penalties can be imposed on employers who lose tribunals. This could be 50% of the award between £100 and £5000 where the employer breaches the employee’s rights and where there are aggravating factors; or where the employer has not made a genuine mistake but has made a deliberate breach of the ACAS code. If you run a small business there is some leniency, but larger employers are expected to follow the new rules.
  • ACAS Early Conciliation – from 6 May, early conciliation is compulsory before a claim can be submitted. The claimant must contact ACAS, who will issue an early conciliation certificate when the process is complete. As an employer, this now gives you opportunity to get early warning of a case or to settle.
  • Statutory pay rates – from 6 April, maternity, paternity and adoption is raised to £138.18. Sick pay rises to £87.55 and gross pay for redundancy is £464.
  • Abolition of the percentage threshold – before 6 April employers could claim back sick pay if it exceeded 13% of the employees Class 1 National Insurance in the month. That threshold has now been abolished.
  • Abolition of SSP record keeping obligations – from 6 April there will be no requirement to keep specified records of dates of sickness and SSP payments. Before this there was a requirement to keep records for three years.

There are more changes proposed for later in the year, which I’ll tell about in future blogs. If you need to know how any of the changes specifically affect your business and your employees, do get in touch and I’ll talk you through what you need to know.

How Do You Manage Absence in Your Business?

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How Do You Manage Absence in Your Business?

The cost of absence to your business could be huge. While it’s not always avoidable, you can reduce the cost and impact by managing it effectively. Here are some of the things you need to do:

Monitor it: You won’t have an idea of the problem if you don’t keep a record of the days and dates of absence. You need to know the frequency or length of absence to decide on the next steps.

Reporting absence: You must have rules about reporting absence and you must make sure these are followed.  If you don’t do this everyone will ignore them because they can.

Discuss the problem with your employee: There’s a legal requirement to consult with employees. They need your support and you need to know how to plan their work while they are away and make arrangements for their return.

Getting the payments right: Check the contract of employment to make sure you make the correct payments. As a minimum, employees are entitled to Statutory Sick Pay and they may also be entitled to be paid for holidays.

Return to work interview: These are key tool in deterring absence and making sure that you know what’s going on with your staff. They’re a great opportunity to nip problems in the bud.

Keeping in touch: Contact is vital if an employee is away for a long period. It helps you to provide support to them and at the same time understand how the situation may develop so that you can plan your business.

Phased return to work: This may be required after a long illness and may be suggested by the GP in a fit note.  You should consider these suggestions and discuss them with the employee before you make a decision.

What if you need to dismiss a member of staff due to long term absence? What are the benefits of managing absence? You can find out more from our free fact sheet – download it here.

How do You Deal with Long Term Absence of Your Staff?

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A few weeks ago in this blog we looked at how to manage short term absence and the benefits of getting it right. Click here to read that post. In this one, we’re looking at long term absence.

Long term absence is generally more than four weeks. It needs active management of the absence and your employee’s return to work, so that you can plan ahead and organise work and temporary cover. When you’re dealing with long term absence you should regularly review progress in a way your employee is comfortable with. Ask them whether they prefer contact by phone, email, or home visits.

When making contact with them you can discuss:

  • How long they’ve been away
  • How they are feeling and whether they feel ready to return
  • If there is anything you can do to help.

Keeping in touch and remaining constructive, supportive and open to addressing their concerns about returning to work makes your employees feel cared for and valued.
Long term illness requires medical involvement to assess the effects of your employee’s condition, the likely duration of their time off and whether you can take steps to help their return to work.

Long Term Sick Leave leading to Dismissal

Hopefully, if you keep speaking to your member of staff about their illness and absence, it won’t come to this. You need to consider and discuss all the options with your employee before arriving at this conclusion. If you do reach this stage, you need to show that the absence was sufficient for the employee’s recovering and that fair procedure has been followed, in order to justify dismissing them. It should be a last resort.

Whatever happens, here are three things you should do:

  • Monitor – you don’t know if you don’t ask and you won’t remember unless you record it
  • Talk, talk, talk to your employee to offer support
  • Get medical advice – you’re not expected to be the expert.

How do you deal with long term absence? What issues have you had and how have you dealt with them?

Winter Sick Leave and How Best to Manage it

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How are you and your staff coping with the winter weather and the cold and flu bugs that always do the rounds at this time of year? Most people will need a bit of time off at some point during the year, to recover from an illness, so this post looks at the benefits of managing absence in a proactive way.

Both long and short term absences can cost a huge amount – both financially and in terms of manpower. It’s never an easy conversation to have with your employees and it can be difficult to keep up with what action is lawful to take. The bottom line is this – do nothing and the problem won’t go away, but could get worse. Finding out early on what’s going on with an employee who is absent can make a significant difference to your relationship and absence levels in the future. Talking to them allows you to get to the root of the problem and provide the support that they need. By focusing in on the absence it may also deter casual absenteeism – days off here and there.

Dealing with Short Term Absence

You should have a procedure in place that requires the employee to talk to a named person rather than leaving a message when reporting their absence. A standard form should then be completed recording the date, time, reason given and predicted time of absence, to make sure the relevant facts are gathered consistently for each absence.

Discussing the problem is essential especially when an employee is taking recurrent short term absences. Maybe there is a work issue which you can help them deal with and solve. Providing the support they need results in improved working relationships, morale and reduced absence.

You should always speak to a member of staff when they return to work, irrespective of how long they’ve been away. It shows you’re taking the situation seriously and acts as a deterrent for people who shouldn’t really be taking time off. Asking how someone is feeling after they’ve been off for even one day also shows that you care about them. Keep the conversation informal but take it seriously. Ensure confidentiality, have a clear structure, record what’s said and above all remain positive and supportive. You can ask them if they visited their GP, how they are feeling now and if there anything you can do to support them. Don’t ask any intrusive medical questions!

Communicating with your employees improves productivity and decreases absence, so follow these simple guidelines when dealing with short term sick leave. We’ll cover long term absence in another post in a few weeks time.

How do you deal with short term absence in your business?

5 Tips for Managing Performance with Your Team

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As a boss, manager or supervisor, you play an important role in promoting employee commitment, motivation and retention. You are responsible for developing and nurturing your staff.

Here are 5 tips to help you look after your staff and improve their performance, which will lead to improvements in the overall performance of your organisation.

  1. Set meaningful, attainable expectations aligned with the mission and objectives of your business. Be clear about employee expectations and explain any measurements that will be used.
  2. Approach this process as a collaborative effort, engaging staff in the process. Work with your employees to develop appropriate outcomes that support your work and lead to the achievement of organizational goals. Don’t just impose objectives on your staff without first talking to them.
  3. Provide employee access to the necessary tools and resources needed for performance enhancement. Ask about relevant technology, available literature or other materials they need to improve their performance. Provide them with the coaching and mentoring they need and allow time for employees to learn improved methods and procedures.
  4. Continually asses and communicate progress regarding performance. Don’t save all your feedback until the end of the year. Provide employees with mid-year progress reviews and final evaluation feedback. Face-to-face progress reviews and final evaluations should be scheduled in advance. Engage your employees in discussions about the best ways to meet their future goals.
  5. Show appreciation of employee performance through the use of one of the many forms of recognition and reward available to you.

If you need specific help on managing and improving the performance of your staff, to improve the performance of your business, why come to our next free workshop on 22 November? Being held at The Old Post Office in Wargrave, near Henley in Oxfordshire, this is your chance to get some expert advice on your own issues. Click here for more details and to book your place.

How Do You Get More From Your Staff? Part Two

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In a recent blog we looked at the importance of managing performance as a way of getting more from your staff, without dramatically increasing your costs.

Here are some top tips you can actually put into action, to get more from your people:

  • Provide a stimulating working environment that encourages members of staff to contribute to the progress of your business.
  • Encourage your staff to reach their full potential by providing opportunities to develop their skills through training and development, as well as coaching in the soft skills needed to be an excellent team member.
  • Carry out formal performance reviews on a regular basis, setting clear objectives and achievable targets; don’t wait for annual appraisals.
  • Build good relationships by providing regular informal feedback and guidance; allow your staff to air their concerns within an environment of trust and honesty.
  • Deal with issues as soon as they arise – don’t wait for them to become problems.
  • Offer a clear career path, to encourage employees to be the best they can be and stay with you for the long term.

How do you get more from your people? What have you done that has worked – or not worked? Leave a reply below.

If you still have questions about how to improve the performance of your team, come to our next workshop on 22 November 2012 near Henley. Places are free but limited, so click here for full details.

How Do You Get More From Your Staff?

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The key to getting the best, and more, from your staff is through performance management. What is this and how can it benefit your business?

Performance management is a strategic and integrated approach to increasing the effectiveness of your business by improving the performance of the people who work for you. Put simply, the better the people you employ and the better the investment you make in them, the easier it will be get the best from them and to ask more from them, when you need it.

Research shows that a high proportion of businesses struggle with underperforming members of staff. They spend too much time dealing with issues of absence, sickness, poor attitudes and behaviour, failure to meet objectives and poor standards of work. Then they look to solve them through formal disciplinary procedures. Reacting to issues can be time consuming and costly, as well as very negative. Managing performance focuses on the more positive, preventative aspects of working with people.

Good performance management is about regularly assessing the performance of every individual in your team, providing regular feedback, guidance and support to reinforce good performance and highlight areas for improvement before they become a major issue.

You should also make sure that you have proper disciplinary procedures in place to deal with poor performance. In next week’s blog we’ll share some tips which, if you follow, you will only need disciplinary procedures as a last resort, when informal and positive measures have not worked.

Learn how to get more from your people at our next workshop, in November 2012 at Hennerton Golf Club, in Wargrave, near Henley. This is your chance to really get to grips with improving performance, ask all the questions you have and get some professional support. Places are free but limited. Click here to book online.

Absence Management

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It is estimated that unauthorised absence costs the UK economy around £10bn-£12bn every year with employees failing to come to work for no good reason an average of 8 days each.   With the Olympics just a few short weeks away, and an expected rise is unauthorised absence predicted it important that you plan ahead to avoid unauthorised absence.

To stay on top of unauthorised absence you must put in place thorough absence policy that includes how absence will be managed; states clearly what absence is and is not permitted; details of how absence will be recorded and monitored; reporting lines and disciplinary procedures.

When you suspect an employee is taking an unauthorised day off you should:

  • Make contact on day 1 to establish the reason for the absence
  • If you are not satisfied that the reason for absence is genuine follow up with a letter on day 2
  • If the employee does not make contact and remains absent from work without notice you may have cause to assume resignation and formalise the appropriate procedures
  • If the employee returns to work you should always conduct further investigation in order to prevent a similar absence from occurring in the future and where necessary invoke a formal disciplinary process
  • If an employee takes annual leave despite being previously refused you must contact them immediately in writing and again invoke a formal disciplinary process.

Having in place a robust absence management policy will reap long term rewards by: –

  • Identifying the causes of poor attendance.
  • Providing support.
  • Increasing loyalty and motivation.
  • Deterring casual absence.
  • Identifying problems at work.
  • Improving morale and motivation.
  • Leading to reduction in absence.
  • Improving productivity.

Dealing with Disciplinary and Capability Issues

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It is a mistake to think that performance problems, whether they be capability or disciplinary in nature, will simply go away or sort themselves out.  

Issues such as sickness absence, poor attitudes/behavior, failure to meet objectives and poor general standards of work must be dealt with appropriately and effectively as soon as they occur. 

In most instances and informal chat may be enough to solve the problem but if not then you have laid the groundwork for the formal disciplinary process to begin. 

 What to consider when planning your approach:

  • Do you want to conduct an initial informal chat or start with a more formal meeting? Is the employee entitled to be accompanied by a representative at the meeting?
  • What is an appropriate review/warning period?
  • If dismissal is a possible end result, are there any alternative work options available to the employee?
  • What acts of poor performance are serious enough to instigate a dismissal procedure?
  • If the issue involves bad attitude/behaviour ? is this a capability or conduct issue? What are the differences in approach to handling these issues?
  • What are the legal requirements of a disciplinary procedure?  Informal and formal meetings, formal and informal warnings, right to respond, opportunities to improve etc. 

On Thursday 21st June we will be holding a workshop covering the practical aspects of carrying out a capability or disciplinary procedure.  We’ll look at what the differences are between capability and disciplinary and how you can handle them with confidence and success. 

The workshop will be held at the Hennerton Golf Club from 9.30am to 12.30pm.  Please contact Sue for further details or to book your place.

Sickness Absence

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Every employee will invariably be sick and unable to work from time to time.  But it is important to keep in contact to establish any support they need and when you can expect them to return to work. In extreme circumstances, or where you suspect the sickness my not be genuine, it may be necessary to terminate a contract of employment but you must follow a fair procedure first – do you have the correct processes in place?

Short Term Absence:

  • Discuss the problem with your employee as soon as possible and keep lines of communication open at all times
  • Monitor the absence and document the ‘calling in sick’ process.  Can the employee complete a self-certification notification or do you require a Dr’s letter?
  • Once your employee is fit to return to work, make sure you have all your ducks in a row and have conducted a thorough return to work interview
  • If necessary instigate a formal action process including warnings and dismissal, as a last resort
  • Learn from employee absence, conduct reviews and look for patterns that can help you to avoid absence in the future

Long Term Absence:

  • This is when a period of absence exceeds four weeks in duration.  In these instances an employee is required to provide medical support
  • Keep in regular contact and help to obtain medical advice that will assist in return to work
  • Avoid the risk of disability discrimination by taking your duty of care seriously and making all necessary adjustments
  • Manage return to work effectively, consider a phased return where necessary or take all the right steps to instigate dismissal on the grounds of ill health

Dismissal is always a last resort, factors that must be taken in to consideration before heading down this path include:

  • The nature and length of the illness
  • Length of service and previous record
  • Any improvement in attendance
  • The effect of absence on colleagues and the business as a whole
  • Whether there are other employment options available