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Dealing with Employee Absence

Duncan Lewis Employment Law Solicitors – Dealing with Employee Absence


Persistent staff absence can cause a real problem for any size or type of business – and dealing with the issue effectively can require a multi-pronged approach to find out the cause of the issue and the solution.


Staff absence costs businesses in the UK billions of pounds in lost working days every year.


In some cases, it may be possible to discern a pattern of behaviour in an employee who is frequently absent – and this may be key to resolving the problem.


Employees may have issues they are reluctant to discuss with an employer in case their job security or promotion prospects are affected. There may also be issues with colleagues – or a family problem. It is widely acknowledged that employees who are happy at work are less likely to have a record of absenteeism.


Issues with staff absenteeism can unsettle the workplace, however – and may impact on staff morale.


Tackling absenteeism in the workplace

  • In cases where an employee is on long-term sick leave, it is important for contact to be maintained with the employee, which need not be intrusive, but concerned and pro-active in case they need help.
  • Employers have the right to request that an employee with a history of absenteeism undergo an independent medical examination, to ascertain any underlying medical problems which may be causing the issue.
  • In some cases, it might be advisable to investigate whether there are issues in the workplace causing absenteeism, which need to be managed – employers have a duty to manage stress in the workplace, and tackle bullying. However, many employees may feel reporting stress or difficulties with colleagues could affect their own employment security or prospects, or make bullying worse.
  • Other issues might include staff who have been moved to a new department or a different role, who may feel they need more training or feel unsupported in the move; or are experiencing problems with new colleagues.
  • Preventative measures might involve investigating a potential employee’s attendance at a previous job
  • Employers can also introduce a policy of return-to-work interviews after a period of sick leave or absence from work.


Duncan Lewis employment law solicitors can advise at any stage of a problem involving staff absence from work – including advising on maternity/paternity /adoption leave, as well as staff on long-term sick leave for chronic illnesses o mental health conditions, or unexplained persistent absenteeism from work.


Duncan Lewis can also advise on statutory sick pay – which staff are entitled to after three days of absence; as well as whether an employer should also pay an employee’s salary.


Our experienced employment law team can also advise employers on policies for managing staff absence fairly and within employment law.


Duncan Lewis Employment Law Solicitors – How we can help you


Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters, so can understand potentially contentious employment matters from both sides, including high-cost employment cases.


The Duncan Lewis employment team can represent all types of employers, both large and small in matters under the Employment Rights Act 1996 and other relevant employment legislation.


Duncan Lewis also has successful departments covering civil liberties and the Human Rights Act, as well as finance, property and housing, family and childcare, mental health, personal injury and immigration law – all of which may be relevant or offer additional insight into employment matters, including dealing with employee absence.


Our in-house experts are on hand to advise whenever necessary in an employment matter.


Duncan Lewis Employment Law Solicitors – Fees


Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options to suit all sizes of business:

  • No-win-no-fee
  • Damage based fee
  • Contingency fee
  • Fixed fees (for specific tasks)
  • Insurance funded cases.
Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.


Duncan Lewis Employment Law Solicitors – When to contact us


If you have a problem with an employment matter or need legal advice on dealing with employee absence, it is important to take legal advice as soon as possible before a situation escalates.


Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter – including advising on how to tackle employee absence.


Duncan Lewis also has a successful track record in advising companies and employers on employment disputes.


Duncan Lewis Employment Law Solicitors – How to contact us


Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.


For expert legal advice on employment law and dealing with employee absence, call Duncan Lewis employment solicitors on 020 7923 4020.

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