Our Sickness and Performance Management Solicitors Promise

Performance management is a continuous process in organisations aimed at improving the performance of individuals and teams to achieve the overall goals and objectives of the organisation.

It involves several key activities and processes, including:

• Setting objectives and goals
• Regular feedback and communication
• Performance appraisal and evaluation
• Development and training
• Reward and recognition
• Performance Improvement Plans (PIPs)
• Documentation and record-keeping

Enlisting the support of a solicitor will ensure that you are legally compliant in your actions when managing performance, avoiding discrimination and dismissal claims against your business.

Absenteeism refers to the habitual or frequent absence from work.

Absenteeism can be classified into different types based on its causes and whether it is authorised or unauthorised.

Authorised absenteeism

• Sick Leave: Absence due to illness or medical reasons, typically supported by a medical certificate.
• Annual Leave: Pre-approved time off for vacation or personal reasons.
• Maternity/Paternity Leave: Leave taken for the birth or adoption of a child.
• Emergency Leave: Time off granted for urgent personal matters or family emergencies.
• Study Leave: Approved time off for educational or training purposes.

Unauthorised absenteeism

• Truancy: Unapproved or unexplained absence from work.
• Chronic Absenteeism: Frequent and habitual absence without valid reasons.
• Absence Without Leave (AWOL): Absence from work without informing the employer or obtaining approval.

Because of the significant impact absenteeism can have on organisational productivity and efficiency, it’s vital to manage it correctly.

In England, you are allowed to ask the reason why an employee is absent from work. However, by law the employee does not have to disclose the reason if they don’t want to.

Your employee contracts should disclose your procedures for reporting sickness and employees must adhere to these policies when reporting absences.

Absenteeism can be a fair reason for dismissal under the following categories:

• Capability or Performance: If the absenteeism is negatively affecting the employee’s performance or ability to carry out their duties.
• Conduct: If the absenteeism is due to the employee’s misconduct, such as unauthorised or frequent short-term absences without a valid reason.

When considering dismissing an employee for absenteeism you must investigate, follow all company policies and procedures, communicate with the employee, provide formal warnings, consider reasonable adjustments, and conduct a formal disciplinary hearing.

Failing to execute these steps correctly can create exposure to unfair dismissal claims.

You can read our long-term sickness blog for further details on managing ongoing absences.

Are you considering dismissing an employee for absenteeism? Contact our expert sickness and performance management solicitor solicitors on 0203 007 5500.

Most companies seek assistance from flexible working request solicitors when something goes wrong, for example, if they are facing an Employment Tribunal claim. However, these situations can typically be avoided with the right policies and training.

Key moments where it’s beneficial to take advice from a solicitor:

• Upon start-up of a new business, to ensure employment contracts are consistent and correct from the beginning.
• When looking to introduce new contract types, e.g. zero hour contracts or apprenticeship agreements.
• Varying contractual terms for existing employees.
• When introducing employee benefits or new policies, like flexible working arrangements.
• Changing sickness or performance management processes.
• When dismissing an employee who may have a protected characteristic.
• During the redundancy process.

This list isn’t exhaustive and if you’re unsure whether your particular circumstances warrant an employment law solicitor, just call our friendly team on 0203 007 5500 and we’ll let you know.