Share this content

no sick note received

Employee been off for 18 weeks received monthly sick notes up untill two weeks ago can we sack him

Didn't find your answer?

Employee off sick with sick notes , came into work saying was returning , he never showed up then sent a sick note in two weeks later back dated . That note expired 31st dec , no sick note since and no phone call to say not coming into work , where does the company stand with this .

Replies (7)

Please login or register to join the discussion.

avatar
By clive boorman
09th Jan 2018 08:21

You need to follow your own disciplinary process or at least a process that ticks all the boxes. Look on the .gov website if you don't have one. BTW, are you providing welfare calls/visits for this person as that would be standard practice? Contact during long-term sick leave should be 2-way.

Thanks (0)
avatar
By Ballytilly
09th Jan 2018 21:48

Late last night he posted a sick note through Work door back dated to 1st jan covering sick leave upto end of February which will take him upto his time limit for ssp , this person has been seen out and about , he told me he wasn’t allowed to drive due to his “illness” ( he’s employed as a driver ).hes been working on cars for extra cash , so I know he’s not laid up in bed needing welfare checks !! I find hard to take in that doctors can backdate a sick note when they didn’t see patient previous to 8th January .

Thanks (0)
Replying to Ballytilly:
avatar
By clive boorman
10th Jan 2018 09:02

Hi there, not knowing what his illness is, I can't really comment on this. However, not all illnesses make someone 'laid up' and being out and about is not necessarily an indicator that he isn't ill. Working on cars may be therapeutic and still isn't necessarily an indicator of wrong doing.
You need to follow a proper welfare process and/or capability process if you believe that he has not fulfilled his contract. The welfare process relies on you staying in touch with the individual and talking about what support he needs to ensure he is fit for work.
If you believe he is not fulfilling his contract, you need to follow a capability process possibly first before looking at disciplinary. You should really set a sickness process that sets maximum limits for days off per year and once that has been surpassed you start a capability process, (not disciplinary process).
If you can prove that he is not ill and is working contrary to his contract and fit note then you may have grounds for a disciplinary process. Whatever you do, you must follow a process and not just make snap decisions. Hope that helps.

Thanks (0)
avatar
By Ballytilly
10th Jan 2018 12:00

Hi
Thanks for your replies , so far he has been called in for a disciplinary, his attitude was well if “***” company is going to be like that I’ll take them to court , knowing this person he has done this with a previous employer it didn’t “go his way “ so he throws toys out of pram !! I know what I’d do to him but my management are dealing with it now , and as employees seem to have so many more rights theses days I’ve no doubt he’ll come up smelling of roses as usual , thanks again .

Thanks (0)
Replying to Ballytilly:
avatar
By clive boorman
10th Jan 2018 13:07

Hi there, he could take it to an industrial tribunal but only on certain issues but the complainant now has to pay for that to happen. However, if you follow an objective formal process and can show the documented paper trail, you should be fine. It's only when you haven't followed a recognised and fair process that things can get problematic for the employer.
Employees do have rights but that doesn't mean that they can do anything they want.
The key points are:
1. Treat every illness as genuine but focus on welfare and discussing what the individual needs to happen to get them back to work. That means that the Employer should stay in touch with them when they are off ill - this musn't be you checking up on them but having supporting conversations about what support and help they need.
2. Document everything, every instance of contact or non-contact. Make agreements about what will happen, if you need them to contact at certain times, then make an agreement and document it
3. Understand the illness, is it a one-off or an on-going issue and focus on long-term solutions
4. Have published policies about the number of instances/days it is considered to be suitable and if the individual breaks this, then have a more formal capability process to manage that.
5. Offer support and welfare and if none of it works then follow a formal disciplinary process.

Thanks (0)
avatar
By Ballytilly
10th Jan 2018 15:31

Having known this person for many years before he was employed by the company he is a (excuse wording )[***] taker , phone calls have been made to him but he won’t answer his phone , he should make contact by 10 am but doesn’t, heard nothing from him for two weeks and then a sick note appears . Let’s just say he knows how to work the system and if I had my way he’d be gone ....

Thanks (0)
Replying to Ballytilly:
avatar
By clive boorman
11th Jan 2018 08:20

right, so he clearly isn't following the correct process. You need to ensure he has the correct process in writing and that he signs to say he has read and understood it. If he doesn't follow this process then you can have documented conversations with him. You need to make sure you have it documented that he has read and understands the requirements and as long as you follow a process, you should be able to ensure that he is following it also.

Thanks (0)
Share this content