FAQs about Employment Law

IPSWICH EMPLOYMENT LAW FOR EMPLOYERS

Tips for avoiding discrimination in recruitment

Discrimination cases can arise even when an individual never becomes an employee. It is possible to discriminate in recruiting staff and rejecting candidates either based on sex, race, disability or age. The importance of planning in the recruitment process cannot be underestimated;

  • Select any interview panel carefully and consider whether they are capable of handling the recruitment process.
  • Questions should be carefully prepared beforehand ensuring they are objective and non-discriminatory.
  • A job description and person specification should be prepared and the panel should be familiar with the specification and apply this these in reaching a decision.
  • Records should be kept of  interview notes for at least 6 months. Candidates often request feedback and this is where the majority of employers slip up and claims arise.

How should I deal with employee sickness absence ?

There are two distinct issues to consider:

  • the employee who has been off work for a long period of time due to ill health or disability
  • the employee who takes short term absences on a regular basis.

Short Term Absences

  • Check any employment contracts, policies & procedures you have and comply with them
  • Act consistently with all employees and document absences
  • Consider implementing a sickness absence policy including return to work interviews.
  • Review attendance records and reasons for the absences
  • Consult with the employee and discreetly and sensitively seek information as to whether there are underlying health or personal issues
  • Consider disciplinary action for persistent and/or unexplained absence or failure to comply with your business policies and procedures by employee.
  • With repeated absence seek the employee’s co-operation for access to his or her medical records or to liaise with his or her GP and possibly also consider seeking employee’s co-operation for Occupational Health assessment by a Consultant retained by you

Can an employee be dismissed for short term absenteeism?

This is possible, but needs to be very carefully managed, applying the types of procedure described in the question above and also :-

  • Providing appropriate warning.  Dismissal should be the last resort and not your first option.
  • Procedural requirements are different for dismissal due to poor attendance, (conduct) and sickness, (capability and other substantial reasons).
  • the nature, length and effect of the absences
  • the employee’s past performance
  • Can the decision to dismiss be justified as being fair and reasonable in all the circumstances ?

Long Term Ill Health

Dealing with long term ill health is very different to dealing with short term persistent absenteeism.

What options does the employer have ?

  • Keep in touch with the employee.
  • If their condition improves consider if they can return to work.
  • Consider suitable alternative employment.
  • Consider what their medical practitioner says.
  • Obtain an opinion from your Occupational Health Consultant/Department.

Can an employee be dismissed for long term absenteeism?

Yes, but only if correct procedure has been adopted and the decision is fair and reasonable.

When considering any dismissal you must ensure that you follow the statutory disciplinary and dismissal procedure and that you follow a fair procedure in all the circumstances.

What steps need to be taken before a dismissal ?

  • Consult with the employee
  • Find out what the medical position and diagnosis is (although the employee’s co-operation in this respect is needed)
  • Consider the employee’s opinion
  • Consider the possibility of offering alternative employment

If an employee has any physical or mental impairment which has or is likely to last for a long period of time, and has substantial or long term effects on their ability to carry out their normal day to day activities the employee may be considered disabled for the purpose of DDA.  If so, an employer needs to be particularly careful not to treat that person less favourably than other employees.

Employment law changes in 2010

•             Employees have right to request time off for studying or training.

Parents or careers can request flexible work hours. Employers can refuse requests on certain grounds  .

•             Fathers can now take up to 26 weeks’ paternity leave if a child is less than 12 months old and where their partner returns to work early after maternity leave.

•             For breaches of the Data Protection Act 1998, employers can be fined up to £500,000

•             Employers are able to refuse holiday requests made on short notice

•             New medical fit notes  replaces sick notes

Options