Staff sickness: expert advice from david wright
Published
07th Jan 2011
by rachael
As the pressure to maintain profit margins increases, everyday operational efficiency comes under scrutiny. Staff attendance, or lack of it, has become the focus for many salon owners.
Here, legal expert David Wright answers your most common questions.
I have read that in the private sector the average number of days lost through sickness is 6.6 days a year - can I use this as a benchmark to what is unacceptable?
That figure is just an average. The biggest complaint in the salon sector relates to short-term, single day absences which cause chaos. My advice is to create a simple sickness policy which has a 'trigger'. This is normally that four absences in a 12-month period will result in action. However, this policy would not be the appropriate route when the absences are related to a single medical complaint, such as back pain.
A new receptionist has already taken time off with minor complaints on three single Fridays during her first five months of employment. I cannot cope with her unreliability. What can I do?
If she is within her probationary period, then you may decide not to confirm her appointment. Emphasising regular or 100% attendance to new appointees is vitally important, and new staff should be aware that this will be a factor influencing your decision on whether to retain them.
One of my stylists regularly has five or six absences a year. I have no reason to doubt it's genuine, but it damages my business and clients are now commenting on it. What can I do?
It's always difficult to decide how ill an employee is. They effectively decide whether to come to work or not, which is why we focus on their attendance rather than their sickness - in other words, the consequences of their non-attendance.
I would recommend that you compile a list of their absences over the past two years and have a meeting with them. You can highlight the frequency and any patterns. You might suggest they see their GP if they have no explanation regarding the number of absences. You can also discuss any issues at work or away from work that might affect their attendance.
The bottom line is that, normally, you insist upon an improvement in their attendance and indicate that if this doesn't happen the next stage would be disciplinary procedure.
In my contract, I require staff to report to me by at least 8.30am if they are sick. I have one employee who either fails to do this or sends a text. What action can I take?
If the absences themselves are a problem - four or more a year - then adopt the process outlined in the previous question.
Otherwise, I would arrange a staff meeting and reinforce your 8.30am rule. If it isn't already in writing, then write to the staff member to confirm that text messages are not acceptable as you would need to discuss the likely duration of the absence with them. I would be specific and indicate that, unless there are exceptional circumstances, failure to follow the procedure will result in disciplinary action.
I recently gave a warning to my manager after five absences in nine months; all were single days and three of them fell on a Saturday. She has appealed and said she can't be disciplined if she is sick. Is
she right?
No, she isn't. She has been disciplined for her poor attendance. You have not, and cannot, comment on the degree of her illnesses. Five single days' absence in nine months is excessive. Unless she has some sort of underlying medical complaint, you do not have to accept this. This principle is well-established and covered by the ACAS advisory booklet. Providing you have met with her, discussed her absences and the reasons for them, and considered any special circumstances then, if the attendance remains unsatisfactory, you can take disciplinary action and eventually dismiss an employee.
In my view, the fact she is a manager gives an even higher expectation of excellent attendance.