How should employers care for those on long-term sick leave?

A new study released by Zurich UK and the Center for Economic and Business Research found that last year, 112.5 million days of sick leave were taken by people with long-term conditions, with SMEs taking up 76 per cent of cases of long-term illness in 2023. account totaling £24.7 billion.

When an employee is on sick leave, the employer must maintain appropriate contact. What is appropriate will depend on the circumstances (size of company, reason for absence due to illness, role/seniority of employee, etc.). A careful balance must be struck between showing support and keeping up to date with developments, but without placing unnecessary burdens on the employee. It is generally sensible to agree how often an employee will be contacted, by what means (calls, emails, visits, etc.) and by whom (e.g. line manager or HR). Always keep a paper record of the content of conversations/meetings.

Medical reports can be helpful in providing information that allows the employer to make informed decisions about next steps. Medical reports often suggest adjustments and associated advice on how to support the employee in returning to work (if appropriate).

Employers should be aware that medical information is “special category data” and should comply with their data protection obligations when handling it. Once you have obtained a medical report/medical information, it is sensible to hold a meeting to discuss the contents and agree next steps.

Careful consideration should be given to the credentials of the medical professional approached to ensure that relevant information is obtained. There is often an assumption that Occupational Health will provide the necessary information, but this is not always the case.

Managers should receive training on the sickness absence procedure and how to handle difficult conversations. A long-term absence procedure will usually involve a number of formal meetings and it is good practice to allow employees to be accompanied to formal meetings in accordance with policy.

The first meeting(s) will usually involve discussing the reasons for and likely length of absence, considering existing medical advice, looking at what adjustments can be made and agreeing a way forward (usually with milestones and deadlines). for review).

When an employee does not return to work for an extended period, a “final” meeting will usually be held to review the actions taken to date, discuss why they have not worked, consider up-to-date medical evidence and establish whether there is any reasonable prospect of a return to work.

In certain circumstances, the employer may decide to dismiss; however, the employer must ensure that its decision is based on the most up-to-date medical evidence and must also consider any feedback from the employee and explore whether there is suitable alternative employment before making the decision. Obtaining specialist legal advice is always advisable in these cases, given the risk of unfair dismissal/discrimination.

Considering the Equality Act

An employee on long-term sick leave may meet the definition of ‘disability’ under the Equality Act 2010 (a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities). a-day ). If they do so, they will be protected from discrimination in its various forms (direct, indirect, disability discrimination, lack of reasonable adjustments, harassment, victimization, etc.).

Employers should be particularly mindful of their duty to make “reasonable adjustments” to support an employee with a disability (which may involve changes to role, working hours/location, adjustments to processes – such as discounting disability-related sickness absence, etc.), and ensure that they do not inadvertently apply policies or practices that particularly harm employees and people with disabilities.

There is no doubt that managing long-term absences is a challenge for employers. However, structured, proactive and compassionate management can help support the employee, as well as reduce business impact and mitigate legal risk.

James Baker is a partner at Michelmores