Staff Performance Management

Staff absence refers to any period when an employee is not at work during their scheduled working hours. This can include sickness, annual leave, maternity or paternity leave, unpaid leave, sabbaticals, and unauthorised absences.

For short-term sickness absences:

• Ensure employees follow your company’s sickness absence reporting procedure (e.g., notifying their line manager on the first day of illness).
• For absences of 7 days or less, employees can self-certify.
• For absences longer than 7 days, a doctor’s fit note is required.
• Record the absence and monitor any patterns of frequent short-term absences.

For long-term sick leave (usually 4 weeks or more):

• Stay in regular contact with the employee to offer support and get updates on their health.
• Request a fit note from a doctor and, if necessary, seek further medical advice (e.g., an occupational health assessment).
• Discuss a phased return to work or reasonable adjustments to help the employee return to work.
• Be aware of your obligations under the Equality Act 2010, particularly if the employee’s condition qualifies as a disability.

Statutory Sick Pay (SSP) is the legal minimum payment made to eligible employees who are off work due to illness for 4 or more consecutive days. Employers must pay SSP for up to 28 weeks, at a rate set by the government (currently £109.40 per week in 2024). To qualify, employees must:

• Be classified as employees.
• Earn an average of at least £123 per week.
• Follow the company’s notification procedures.

Employers can offer more generous sick pay through occupational sick pay schemes.

Unauthorised absence occurs when an employee fails to attend work without a valid reason or permission. To manage unauthorised absence:

• Investigate the cause of the absence and speak with the employee as soon as possible.
• Use a return-to-work interview to understand the reasons behind the absence.
• If the absence continues, follow your disciplinary procedures, ensuring you remain fair and consistent.
• Keep records of all instances of unauthorised absence.

A return-to-work interview is a brief meeting held after an employee has been absent due to illness. Its purpose is to:

• Welcome the employee back and check on their well-being.
• Discuss the reason for the absence and ensure the employee is fit to return.
• Identify any patterns of frequent absences.
• Address any ongoing concerns or potential adjustments needed for the employee’s health.

This interview helps ensure absences are managed fairly and consistently, while supporting employees.

Employees in the UK are entitled to various types of family leave, including:

• Maternity Leave: Up to 52 weeks, with Statutory Maternity Pay (SMP) for up to 39 weeks.
• Paternity Leave: Up to 2 weeks paid leave.
• Shared Parental Leave: Eligible parents can share up to 50 weeks of leave and 37 weeks of pay.

You must allow eligible employees to take these types of leave and ensure their employment rights (e.g., pay, pension contributions) are protected during the leave.

If an employee has frequent or long-term absences:

• Review their absence record to identify patterns.
• Hold a formal absence review meeting to discuss concerns and understand any underlying issues.
• Offer support, such as occupational health assessments, counselling, or flexible working.
• Where necessary, implement an Attendance Improvement Plan with clear targets.
• If absences continue, consider moving to disciplinary action but ensure you follow legal procedures and consult medical advice if applicable.

A fit note is issued by a GP or medical professional to certify an employee’s illness when they are off work for more than 7 days. The fit note may:

• Confirm that the employee is not fit for work.
• Suggest that the employee may be fit for work if adjustments are made (e.g., reduced hours or duties).

Employers should consider any recommendations on the fit note and determine whether adjustments can be accommodated.

If an employee refuses a reasonable adjustment recommended by a fit note or occupational health assessment:

• Discuss the reasons for their refusal and explore any additional concerns they may have.
• Ensure the adjustments offered are reasonable, taking into account their health condition and the business’s ability to accommodate the changes.
• If the employee continues to refuse, seek advice from HR or a legal expert to ensure you are managing the situation lawfully, particularly if their condition may qualify as a disability under the Equality Act 2010.

Dismissing an employee due to absence can be risky if not handled properly. To avoid unfair dismissal claims:

• Follow a fair and thorough absence management process.
• Obtain medical evidence to support any decisions.
• Ensure you’ve explored reasonable adjustments if the absence is related to a disability.
• Document all communications and steps taken. If the absence is due to a protected characteristic, such as a disability or pregnancy, additional legal protections apply.

It’s essential to keep accurate records of staff absence, including:

• Dates and reasons for absence.
• Self-certification forms and fit notes.
• Return-to-work interviews.
• Any discussions around adjustments or support provided. Use an HR system or a structured process to monitor absence patterns, identify trends, and ensure compliance with company policies.