Client testimonial dated March 3, 2025
Long-term sickness absence can be challenging for employers in a number of ways: not least the costs; the impact on the rest of the team; uncertainty about if and when the employee will return to work; and whether they will be able to cover all their previous duties. If the employee has a long-term condition, they may well be protected under the Equality Act 2010 as a disabled person, which means care should be taken to avoid liabilities.
Employers need to deal with the employee supportively and appropriately, but what does this mean in practice?
‘Keeping in contact with an employee on long-term sickness absence is crucial for effective sickness absence management,’ explains Elizabeth Bartle a partner in the employment team with Ingram Winter Green. ‘However, it can be challenging for line managers who have to deal sensitively with an unwell employee, while also trying to look after the employer’s interests.’
Elizabeth outlines the benefits of contact, what a health and wellbeing meeting involves, and how to approach the thorny issue of the employee who does not want to be contacted.
Benefits of keeping in touch during sickness absence
Employers need to be in contact to ensure that the employee submits regular fit notes and they are kept informed about changes in their sick pay. In addition, employers should have regular health and wellbeing meetings with employees on long-term sickness absence. These have a number of benefits and functions:
- appropriate contact should help the employee feel valued and that they have not been forgotten;
- this keeps the employee updated on any significant developments and announcements at work, and it should reduce the risk of the employee feeling isolated or left behind which helps make the return to work less daunting;
- it keeps the employer up to date with changes in the employee’s health, which helps give an indication of when the employee may return to work for purposes of arranging cover and managing their absence; and
- it provides an opportunity to discuss support, occupational health advice, and adjustments that could help the employee return to work.
How often should we be in contact?
There are no specific legal requirements about the frequency of contact or health and wellbeing meetings. What is appropriate will vary from case to case, depending on factors such as the cause of the sickness absence or if the employee has an anticipated recovery time. In particular, employers should take care to avoid overwhelming an employee who is feeling stressed by work. Although employers should remain flexible, we recommend agreeing the frequency of meetings with the employee during the early stage of their absence.
It can be helpful to set down guidelines in a policy. We can provide you with a policy that gives practical support to managers.
Where should meetings take place?
Thought should be given to the arrangements for the meeting and these should be discussed with the employee. For instance, should the meeting be in person or remote? Is a meeting at the employee’s home or in a neutral (but less private) location like a cafe more suitable? Are there times of the day that should be avoided due to their health condition or family members being at home? Would they like to be accompanied?
What should we discuss at health and wellbeing meetings?
Your absence management policy may provide guidance on the agenda. Health and wellbeing meetings need to be handled sensitively.
Issues relevant to managing their absence include:
- an update on the employee’s health;
- any treatment they are receiving;
- when they think they may be well enough to return to work;
- what support could help get them back to work; and
- what support the employer could offer the employee during their absence that could help them.
Managers should keep a note of the meeting and it may be appropriate to follow up with an email to the employee, confirming the discussion and any next steps.
The employee who wants to be left alone
An employee who is off sick due to work-related stress, or who alleges that they have been bullied at work, may not welcome contact from their employer. At worst, this could result in claims for disability discrimination or for harassment under the Protection from Harassment Act 1997.
We can advise you on ways to minimise the risks and strike the right balance between the employer’s and the employee’s needs. For example, it may be possible to agree a minimal level of contact with the employee by email, rather than in person. Where possible, contact should not be with anyone the employee says has contributed to their sickness absence.
How we can help
Our experienced employment lawyers can advise you on sensitively and effectively managing contact during sickness absence, and on ensuring that you stay the right side of the law. We can provide a practical absence management procedure that gives line mangers helpful guidance on keeping in contact. For further information, please contact Elizabeth Bartle in the employment team on 020 7845 7400 or email elizabethbartle@iwg.co.uk. Ingram Winter Green has offices in London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.