Legal
Categories
HJi Jobs
Other Posts
Previous post: Hip and Happening - Percy and Reed Salon Interior
Next post: NHF condemn Government plans for 10p tax rate compensation
Many more can be found on the main index page or by looking through the archives.
Help
Absenteeism in the Salon
Posted by
Kate
Dated: April 28, 2008 2:17 PM
As a salon owner you have to accept that staff will be unwell and will need to take time off sick. However, you will also all be aware of the nightmare when a stylist, with a full column, rings up 30 minutes before her first client saying that she’s not coming in as she has a ‘cold’.
The absence is costly in terms of lost income, the time spent contacting clients and the risk that they could go elsewhere, but where do you stand an employer?
David Wright, who advises Habia and a range of salons on their legal issues, looks at issues relating to short term absenteeism.
Can I take disciplinary action against a member of staff who is persistently absent with minor ailments?
You can. You are not disputing the genuineness of their illness, but their capability to do their job when they are regularly off sick. It is important that you meet with the employee and try to get to the bottom of the reason for their poor attendance. If there is not a positive response and absences continue then disciplinary action would be appropriate.
Can I contact employees at home when they are off sick?
There are a number of reasonable reasons why you might wish to do this:
- To check on progress and a possible back-to-work date
- As a good employer it would be reasonable to ring to check to see if there is any support you might be able to give.
How many absences in a year are reasonable?
There is no magic number but typically five absences in a year would be cause for concern. Of course, in discussion with your employee you would wish to ensure they were not suffering from any underlying medical complaint.
A receptionist has now been absent on eight occasions in the past 12 months. I have arranged to meet her. What am I allowed to say to her? This sounds like a counselling interview. It is really the last opportunity, prior to a disciplinary hearing, to try to stop the problem. You can reasonably ask if there are any problems at work or away from work that are causing the absences. You might also suggest they visit their GP if this is appropriate, as they might have an underlying problem. Equally though, you must highlight the implications of her absences on your business. Finally, agree a review period for the attendance to improve. Ensure your receptionist knows that if it doesn’t, the next stage will be the disciplinary procedure.
I have noticed that a stylist’s absences seem to be linked to his girlfriend’s shift patterns. Can I raise this with him?
While there is a need for some sensitivity, when employers notice any sort of pattern of absences these must be highlighted when you meet the employee. For example: “I note most of your absences occur on a Saturday” compared to: “I note most of your absences occur on your girlfriend’s day off”.
I suspect one of my staff is taking an occasional day off sick and working elsewhere. What can I do? You could mention your suspicions, which might at least stop the problem. Alternatively, if you know where the employee is working there is no reason why you should not visit the location and confront them. Working while claiming to be sick would constitute gross misconduct. After following your disciplinary procedure, it would be dismissal.
While I have a few problems with absenteeism, some staff are very diligent and achieve 100% attendance. How might I reward them?
I know of some salons where staff with 100% attendance are given an additional day’s holiday. I think this makes good business sense. In theory, the incentive might motivate some of your poorer attendees, but remember after the first absence in the year the incentive is gone.
One of my staff has two young children and regularly rings in with ‘childcare problems’ and misses work. I have been sympathetic to her problem, but do I have to accept it indefinitely?
Not really. Staff have a right to emergency time off to deal with childcare crisis; it is not for long-term issues but to address the crisis, and would normally be only one day. Most employers attempt to handle requests sympathetically. However, the requests need to be balanced against the needs of your salon. The bottom line is you need her at work and she needs to sort out effective childcare, so warn her that the frequency of ‘childcare problems’ cannot continue. You could discuss reducing her hours or working more flexibly, but she needs to agree an action plan to eliminate the problem.
Tips For Improving Attendance
- Emphasise the importance of good attendance from day one
- Have return-to-work interviews with employees with every absence. This will highlight how important you consider the issue
- Make sure absence levels are mentioned at staff meetings and don’t forget to thank staff for good attendance at the end of each year
- Ask references to confirm how many absences the applicant has had in the past 12 months. This might affect your selection decision.
Trackback:
http://www.hji.co.uk/cgi-bin/mt/mt-tb.cgi/26280
Comments (4)
Posted by sian procopis
Dated: March 7, 2009 9:43 AM
HI, i have a member of staff who is always ringing in sick or her young son is sick. she is working on a busy day and is letting other members down, I really do want to get rid of her, but i know that she know legal stuff as she has taken another emplyer to court before, Please advise as what i need to do legally. Many thanks sian.
Posted by Kate 
Dated: March 31, 2009 10:27 AM
David says:
Once again you need a good contract of employment which makes it explicit what your rues and expectations are .If you had a probationary period then you could have released the employee in the first 6 months f their attendance was poor. Now they have 12 months service they have sufficient service to take you to tribunal if they believe they have been unfairly dismissed. The most important thing is that you follow a sound process ,do you have a written disciplinary procedure? You can only dismiss someone if they have committed a serious offence thats is considered to be gross misconduct,absence doesn't normally fall into this category.
It is clear that she has a medical complaint, you need to discuss her attendance with her and get medical advice from her GP, with her approval you can write to her GP and receive this report. Of course it might not help if it confirms that she has a complaint. It is possible to take disciplinary action if someone's attendance, even for a legitimate reason affects your business.
You might talk to her about how the job could be adjusted to help her get to work,for example she might agree it would be better if she reduced her hours. It is difficult to give a fuller answer based on what you have told me.
Posted by Dawn Stake
Dated: July 19, 2009 4:54 PM
As a boss what should a expect from my staff like on time to work at least 10 min have hair and makeup on be here at the salon when not busy to help fold towels answer phone help others out to ask for days off instead of just marking them out is this to much to ask and are they my employees if i take taxes out pay unemploment work com . but they work on commisson base pay . I think they dont think they are employees. Help
Posted by Kate
Dated: July 20, 2009 3:23 PM
Hi Dawn,
David Wright has sent you the following reply:
The employees should have a contract of employment which spells out most things relating to their employment. Some salons have a separate list of salon rules on which you can detail what you expect of them. Some examples are on my web site www.davidwrightpersonnel.co.uk.
For example it is perfectly reasonable to expect them to arrive at work and be ready for the first client. Similarly if you have down time, once again, it is reasonable to ask them to do other duties.
I would meet them as a group and spell out what your expectations are. The bottom line is that if they don’t follow the rules you would use your disciplinary procedure and give warnings.
You say they are employed but are paid from commission. The commission must amount to at least what they would receive per hour under the national minimum wage
I hope this answers your question.