Attendance policies don’t make dismissal decisions, employers do!

Managing sickness absence is one of the most challenging aspects of employing people. While attendance management policies provide an important framework, they should never replace sound judgement or a fair process.

A recent Employment Tribunal serves as a timely reminder of this after an employer was found to have unfairly dismissed an employee because of their sickness record, resulting in an award of almost £45,000.

The employee had accumulated several periods of genuine sickness absence over almost two years, including surgery, illness and ongoing health concerns. During the attendance management process, they also advised their employer that they were undergoing investigations for a possible underlying medical condition. Despite this, the employer proceeded to dismiss them.

The Tribunal was highly critical of the approach taken, finding that the decision-maker had focused almost exclusively on the employee’s absence record rather than considering the wider circumstances. Crucially, there was little evidence that the employer had properly explored whether an underlying medical condition existed, sought further medical evidence or considered whether alternative options to dismissal were available.

The Tribunal also found there was very little evidence that the employee’s absences had caused significant operational difficulties. Whilst concerns were raised about pressure on colleagues, no meaningful assessment had been undertaken to demonstrate the actual impact on the business.

The appeal process fared no better. Rather than providing an independent review of the decision, the Tribunal concluded that the employee’s concerns had not been properly considered and that key issues had simply been overlooked.

For employers, this case reinforces an important principle. Attendance policies should guide decision-making, not dictate it. Reaching an absence trigger should never result in an automatic dismissal. Each case must be considered on its own facts, taking account of the employee’s circumstances, medical evidence, any potential underlying health condition and the actual impact of the absence on the organisation.

This is particularly important where an employee raises concerns about an underlying medical condition. Employers should consider whether further medical advice or an Occupational Health referral is appropriate before making any final decision.

The appeal stage is equally important. It should be a genuine opportunity to review the original decision, not simply an exercise in confirming the outcome.

The compensation awarded in this case was almost £45,000, but that is unlikely to represent the employer’s true cost. Legal fees, management time, disruption to the business, recruitment costs and the impact on employee relations will almost certainly have increased that figure significantly.

For many small and medium-sized businesses, taking the time to investigate properly, obtain appropriate medical evidence and exercise reasonable judgement is not just good employment practice it is often the most cost-effective decision a business can make.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.

Attendance policies don’t make dismissal decisions, employers do!

121 HR Solutions Ltd