Legal advice: Managing sickness

Keeping track of time off sick can highlight potential problems.By Rebecca Caws of thePublican.com's team of legal experts from London solicitors...

Keeping track of time off sick can highlight potential problems.

By Rebecca Caws of thePublican.com's team of legal experts from London solicitors Joelson Wilson.

Earlier this month the Health & Safety Executive (HSE) claimed that businesses which improve the way they manage sickness absence will benefit from productivity improvements. It mentioned that the loss of productivity caused by sickness absence can have a greater impact on smaller businesses, so it is important for these employers to reflect on how they currently manage this issue.

People working in the leisure and hospitality industry generally work long and often unsociable hours in a busy environment, which can cause tiredness and susceptibility to illness. High levels of absence are likely to impact upon shift patterns and staff morale, so it is important to ensure that sickness absence is kept to a minimum.

Practical steps

The HSE website (www.hse.gov.uk), offers useful advice on the practical steps a business can take. Does the business record and monitor sickness absence? Are bar managers trained to deal with absence and disability issues? Is there a return-to-work policy? These are relatively simple matters which can make a considerable difference to absence levels.

Another important issue to bear in mind is the effect of work upon the employee's health. Employers have a duty of care towards an employee in respect of their health. A pub manager recently won a case against his employer relating to his stress-related illness. The licensee had been working long hours and complained to his superior that he was overworked and requested a reduction in his hours. The employer took no action and the court held it liable for the licensee's illness, which was caused by stress at work. This is an extreme example, and relates to the illness itself rather than the absence, but this could probably have been avoided if simple procedures were in place. An important aspect of this sort of situation lies in recognising the signs at an early stage and then taking action.

So, if you record and monitor sickness absence, maybe you could also record and monitor warning signs of illness.

This could include complaints that hours are too long, that the pressure is too much or a request for more support and assistance. If you are aware of the signs you will be able to react more quickly and may even avoid an expensive claim against your business.