LEGAL


Why understanding sickness rights doesn’t have to be a headache


The amount of people “grinning and bearing it” at work while ill has more than tripled since 2010. A report from the Chartered


Institute of Personnel and Development found that 86% of 1,000 organisations surveyed had observed staff attending work while ill – compared to just 26% eight years ago. And with the changing seasons and colder weather making an appearance, now is the time we’re more likely to get sick, according to experts at Yale University. Sickness in the workplace is


inevitable and your employees can’t help being ill from time to time. In the unfortunate event that a member of staff does fall ill and needs to take time off work, it is essential you are aware of their rights. Laura Kearsley, partner and


solicitor in the employment team at


employee's contract or handbook setting a deadline and a designated person who members of staff should call.


Laura Kearsley


East Midlands-based law firm Nelsons, explains more.


How should employees be reporting their absence? It is important that your employees report their illness in advance of the time they start work. You should have a specific policy in an


What about time off for medical appointments? Once again, this should be set out in your handbook and contracts of employment. As an employer, you are not legally obliged to allow staff time off work for visits to the GP or dentist. You can require that employees attend these appointments outside of work hours, take annual leave or make the time up later on.


When do employees need to produce a note from their GP? If an employee is ill for seven calendar days or more, they will need to supply you with a GP’s fit note as evidence of their illness. For absences of seven days or less,


How to manage your ageing workforce


With an ageing population leading to a need for many people to work longer, coupled with the abolition of the compulsory retirement age, the average age of people leaving the workplace has increased steadily over the past two decades. In fact, the over 50s now make up over a third of the working population. Here, Head of Employment Law at Banner Jones Solicitors, Katie Ash, discusses how employers can navigate any concerns or challenges relating to an older workforce. Some employers will no doubt


be concerned that an older workforce will bring with it more challenges in terms of performance management, capability and health issues. However, it’s important to start by pointing out that Government research confirms that older workers are just as productive as younger workers; at the very least up to the age of 70. In fact, according to said


research, older workers take less short-term sickness absence, and tend to offset any loss of speed with better judgement because of their experience. The main drive here is that the


Government wants employers to avoid seeing older workers as a risk or liability, and instead to seize the


Discussions are the best approach


and aspirations should be the preferred approach. These discussions should take place with workers of all ages, and can take place as frequently as needed. Where there are genuine


concerns about performance, capability or health, an employer should deal with these in exactly the same way as they would any other employee. If an employee is performing


poorly an employer should discuss this with them to establish the causes. Failure to address poor performance in older workers because, or in the expectation, that they will be leaving soon to draw their pension, or that it will be too undignified, could be discriminatory. If the performance issues are


‘The Government wants employers to avoid seeing older workers as a risk or liability’


opportunities they offer; particularly since there are concerns that too few skilled younger workers are entering the workplace to replace those leaving at the end of their careers, which will in turn lead to a skills shortage, reduced efficiency and ultimately poorer business performance.


72 business network December 2018/January 2019 It’s also vitally important that


business owners and decision- makers are aware that stereotypical views of older workers could lead to claims of age discrimination given that age is a protected characteristic under the Equality Act 2010. Instead, proactive management and discussion about future plans


caused by a health condition that is classed as a disability under the Equality Act 2010 then an employer will be under a duty to make reasonable adjustments to remove any barriers to the employee’s performance. This is no different to employing a younger employee with a disability. The key message here is that


communication between employees and employers at an early stage is crucial so that both parties can plan appropriately.


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