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We’ve just had Wimbledon - did the number of employees taking sick leave increase?

Unlike many fellow Britons, a lot of  HR managers were actually hoping that Murray crashed out of Wimbledon early.  It is statistically proved that sporting events see a rise to absence levels, it can only be assumed on the basis of sickies!

In fact a recent PWC survey showed that one worker in nine (11%) said they had lied and taken time off work due to good weather, while 8% had done so for a sporting event.  That same survey showed that UK workers still take almost three times the number of sick days reported by workers in Asia Pacific (4.8 days), and the US (3.8 days) with the UK’s nearing 12 days a year.

What can be done?

If an employee is dishonest about not being able to work, this could amount to gross misconduct and result in dismissal.

Often it is difficult to find evidence to support the employer’s belief that the employee is faking an illness, but certainly Facebook and Instagram have proven a useful tool to evidence dishonesty on an employee’s part.

If the employer does uncover evidence of dishonesty, it may be appropriate to take disciplinary action. There would need to be a thorough investigation.  If there was then a case to answer, the employee should be provided with any evidence and invited to a disciplinary hearing. They must also be allowed to be accompanied by a fellow staff member or trade union representative. If the employer concludes that they haven’t told the truth about their illness, a sanction could be imposed. It depends on the circumstances, but this could mean a written warning or possibly dismissal. Should the employee be dismissed, they must be given a right of appeal.  The Tribunal has upheld as “fair dismissals” based on a breakdown of trust and confidence when an employee simply pulls a sickie to have a fun day out. 

The lines are more blurred when an employee pulls a sickie to attend an interview.  It is often questioned by a tribunal whether a dismissal sanction on these set of facts is reasonable and justifiable.  A grey area and advice should always be taken.

Posted on 08/08/2017 by Ortolan

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