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The Employment Law Solicitors - Sickness Absence
 

 

Sickness Absence

Employment Law Solicitors:

Sickness Absence

Long Term Sickness Absence

To avoid an unfair dismissal claim, a discrimination claim related to disability, or a claim for breach of contract, employers should ensure that they have adhered to the following before dismissing an employee:-

  • Allow the employee a reasonable time to recover. There is no rule of thumb as each case is assessed on its merits. Certainly, dismissal during the period an employee is covered by contractual sick pay or health insurance should be avoided as successful cases have been brought for breach of contract in these circumstances.

     

  • Requisition a medical report. Should the employee’s consent not be forthcoming, a tribunal would take this into account when adjudicating.

     

  • Discuss the employee’s condition with them in depth to ensure that all the facts have been established.

     

  • Consider reasonable adjustments to the workplace, including any that have been suggested by the employee themselves.

Persistent Short Term Non-Attendance

Employer’s are entitled to set reasonable standards for attendance and breach of the absenteeism policy, even for valid reasons, can constitute reasonable grounds for dismissal. The following should be incorporated into the policy to ensure its fairness:-

  • The employer should discuss the employee’s absenteeism record with them to ascertain its cause. If appropriate, the reason(s) given should be investigated and advice from a medical expert taken. This will ensure that the employer has done everything in its power to assist the employee and make all reasonable allowances for their attendance record

     

  • A first and then a final written warning should be provided prior to the dismissal.

The Employment Law Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

 

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Associated Websites:

Antrobus Solicitors The Accident Solicitors
The Conveyancing Solicitors The Road Traffic Accident Solicitors
The Work Accident Solicitors The Compromise Agreement Solicitors
The Unfair Dismissal Solicitors Human Resources Solutions
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Areas Where We Have A Centre Local To You

Carlisle (sickness absence specialist solicitor here), Worcester, Durham (employment law solicitor here), Lincoln, Hereford (sickness absence specialist solicitor here), Canterbury (employment law solicitor here), Litchfield, Ripon (sickness absence specialist solicitor here), Bangor (sickness absence specialist solicitor here), Wells, St. David's, Luton (sickness absence specialist solicitor here), Bedford, Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex, Gloucestershire, Hampshire, Herefordshire, Kent, Leicestershire, Lincolnshire, Middlesex, Norfolk, Northamptonshire, Oxfordshire, Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Wiltshire, Worcestershire, Reading, Newbury, Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath, Brighton, Cambridge, Oxford (employment law solicitor here), Plymouth, Southampton, Stratford, York, Glamorgan, Cheltenham, Bradford, Wakefield, Coventry, Leicester, Sunderland, Hull (employment law solicitor here), Wolverhampton (sickness absence specialist solicitor here), Swansea, Salford, Ipswich (employment law solicitor here), Portsmouth (sickness absence specialist solicitor here), Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich, Chester, Salisbury, Exeter, Gloucester, Chichester, Winchester (employment law solicitor here), Cleveland, Tyne and Wear, Northumbria, Wrexham, Cardiff, Manchester (sickness absence specialist solicitor here), Liverpool, London (sickness absence specialist solicitor here), Birmingham (sickness absence specialist solicitor here), Derby (sickness absence specialist solicitor here), Bradford, Cheshire, Lancashire, Yorkshire, Newcastle, Birmingham, Devon, Cornwall, Sheffield (employment law solicitor here), Staffordshire, Leeds (sickness absence specialist solicitor here), Nottingham, Bristol (employment law solicitor here), Stoke (sickness absence specialist solicitor here).

We can also do home visits. Please see a list of areas in which we conduct home visits on our local contact points page

Local Centres Where We Can Offer Appointments Out Of Hours

At the following Local Centres, we can also offer appointments outside the normal office hours of 9am - 5pm:-
  • Manchester Business Park, Manchester
  • Exchange Quay, Manchester
  • King Street, Manchester
  • Exchange Flags, Liverpool
  • Cheadle Royal Business Park, Cheadle, Cheshire
  • Chester Business Park, Chester, Cheshire
  • Crab Lane, Warrington, Cheshire
  • City West, Bradford
  • Fenton, Stoke-on-Trent
  • The Pavillions, Preston, Lancashire
  • Thopre Park Business Park, Colton, Yorkshire
  • Newcastle Quayside, Newcastle
  • Victoria Square, Birmingham
  • Exeter Business Park, Exeter, Devon
  • Cambourne, Cornwall
  • Hammersmith Road, London
  • Eccleshall Road, Sheffield
  • Princes Exchange, Leeds
  • Dumfries Place, Cardiff
  • Aztec West, Temple Quay, Bristol
  • Pegasus Business Park, Nottingham
  • Watling Court, Cannock, Staffordshire

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