Informing and consulting employees about business transfers
In this guide:
- Responsibilities to employees if you buy or sell a business
- TUPE legislation in Northern Ireland
- Your responsibilities to employees transferred into your business
- What is meant by a TUPE transfer
- The transfer of employee liability information
- Your responsibilities to employees transferred out of your business
- Changing terms and conditions after a business transfer
- Dismissal before or after a business transfer
- Informing and consulting employees about business transfers
- Transfers of insolvent businesses
- TUPE transfers: the impact on employee relations
TUPE legislation in Northern Ireland
Employer guidance on TUPE legislation in Northern Ireland.
On 6 April 2006, the revised Transfer of Undertakings (Protection of Employment) Regulations 2006 (the "2006 Regulations") (S.I. 2006/246) and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (the "SPC Regulations") (S.R. 2006 No. 177) came into operation.
Northern Ireland TUPE legislation
The legislation.gov.uk website presents the legislation in detail:
- Transfer of Undertakings (Protection of Employment) Regulations 2006
- Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006
The 2006 Regulations made UK-wide provision for the treatment of employees, and related matters, on the transfer of a business or undertaking, so that when all or part of a business is bought or sold, the terms and conditions of the employees who transfer in the sale may be preserved.
The 2006 Regulations also implemented certain service provision change elements, but within those regulations, these elements apply in Great Britain only. Separate regulations, namely the SPC Regulations, were required for Northern Ireland, as Great Britain did not have the necessary powers to legislate on this matter for Northern Ireland.
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Your responsibilities to employees transferred into your business
You take over certain responsibilities when an employee is transferred into your business.
Employees who transfer to your employment do so on their pre-existing terms and conditions and with their continuous employment preserved. This also applies to employees who have already transferred on a previous transfer.
You also take over responsibility/liability for any:
- outstanding disciplinary and grievance situations
- ongoing industrial tribunal claims
- any potential legal actions which may be brought
- collective agreements in force at the time of the transfer, which means that you must continue to recognise the recognised trade union(s) that the staff transferring are members of
Occupational pension and share-option schemes
You do not have to offer transferred employees who are members of - or eligible to join - an occupational pension scheme (OPS) exactly the same pension rights.
However, you must still offer those employees a minimum level of occupational pension provision.
You can opt to provide access to an OPS or make employer contributions to a stakeholder pension scheme. If you choose a stakeholder or a defined contribution scheme, you will have to match the employee's contributions up to 6%. This can be increased if both parties agree.
All employers have to provide their employees with a workplace pension scheme. To read more about these obligations, see automatic enrolment into a workplace pension.
If you don't take over the previous business' shares, you won't be able to provide such shares to your staff. If the previous employer had share or share-option schemes, you must provide equivalent schemes.
Note that if you buy a privatised (previously public sector) undertaking, or win a contract to provide a service to a central or local government organisation, the government expects you to have pension arrangements that are broadly comparable with that enjoyed by the previously public-sector employees.
Changes to terms and conditions
Don't change transferred employees' terms and conditions if the reason for the change is either the transfer itself, eg to match those of your existing staff, or reasons connected to the transfer.
If you change an employee's terms and conditions in this way, this could amount to a breach of contract. The employee may then be able to resign and claim constructive dismissal.
If, however, the change is unconnected with the transfer, you should handle it like any other change of contract where there is provision for change in the contract or where change has been brought about by mutual agreement. For more information, see changing terms and conditions after a transfer and how to change an employee's terms of employment.
Labour Relations Agency (LRA) advice on agreeing and changing contracts of employment.
Information and consultation
Even if you are taking on transferred employees, you must still inform and consult representatives of your existing employees who may be affected by the transfer.
In addition, you must give details to the previous employer of any action, step, or arrangement you intend to take that will affect the transferring employees. There are no set timescales, however, you must do this before the transfer takes place with adequate time for consultation.
See informing and consulting employees about business transfers.
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What is meant by a TUPE transfer
What is and what is not included as a transfer for the purposes of TUPE.
A 'relevant transfer', ie a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 and/or the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (known collectively as TUPE) apply - occurs when:
- An economic entity is one which is stable and is transferred from one business (part or undertaking) to another, ie the entity is sold as a going concern and retains its identity after the transfer. This is known as a business transfer (standard transfer).
- A client engages a contractor to do work on its behalf or reassigns such a contract, including bringing the work in-house - this is known as a service provision change (extended transfer).
An economic entity
An economic entity is defined as an organised grouping of resources, eg a grouping of employees and assets such as premises and computer equipment that has the objective of pursuing an economic activity. Some transfers will qualify as both a business transfer and as a service provision change, eg outsourcing a service will often meet both definitions.
Examples of business transfers
- Sale of the whole or part of a business where the business continues in a similar format.
- Merger of two businesses.
Service provision change
Examples of service provision changes are where:
- a business contracts its security arrangements to an outside security business (outsourcing)
- a business decides to hire its own staff to provide catering to replace an outside catering business (in-sourcing)
- the contract to clean a client's premises is transferred from one cleaning contractor to another
TUPE applies equally to relevant transfers of large and small businesses, and to public and private undertakings. This means there would be a relevant transfer if you sold your business or if your business bought and operated another business.
Note that TUPE generally applies to second and subsequent transfers of the same undertaking. This means that, if you sell a business or part of a business that you previously bought or relinquish a contract that you previously took over, the employees you took over will now transfer to the new employer - as per the Court of Justice of the European Union (CJEU) interpretation of TUPE.
When TUPE does not apply
Not all transfers are relevant transfers. TUPE does not apply when:
- A client buys services from a contractor on a one-off basis - rather than the two parties entering into an ongoing relationship for the provision of the service.
- There is a transfer of share takeover - when a company's shares are sold to new shareholders, there is no transfer of the business - the same company continues to be the employer.
- A business transfers assets only - then there is no transfer of a business as a going concern eg if the equipment is sold.
- There is a transfer of an undertaking situated outside the UK - although similar provisions apply in the European Union.
- There is a change in business identity - if the work or organisational structure changes radically.
Whether TUPE applies in any particular case depends on all relevant circumstances. In the event of a dispute, only an industrial tribunal or a higher court can decide this.
Where TUPE applies, existing employees of the undertaking transferred automatically become employees of the business that takes the undertaking over. It is unlikely that agency workers fall within the definition of 'employee' for the purposes of TUPE ie they do not automatically transfer, it seems, on current law.
If you think you may become involved in a transfer situation to which TUPE applies, you should consider obtaining legal advice, as the legislation in this area can be complex. Choose a solicitor for your business.
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The transfer of employee liability information
The information you must provide to the new employer when you transfer employees out of your business.
When you transfer employees from your business, you must provide certain information about the employees who are transferring to the new employer. This is known as employee liability information.
The aim of this information is to give the new employer time to understand their obligations towards the transferred employees.
You must provide all information in writing not less than 14 days before the relevant transfer. This can be as electronic files as long as the new employer can readily access the information.
If there is not much information to pass on, eg because only a few employees are transferring, you can provide the information by telephone. Consider asking the new employer which method they would prefer. It would be prudent to keep a full record of all such information, either way.
You can provide the information in stages. However, you must have given all the information before - ideally at least two weeks before - the completion of the transfer. You can also provide the information via a third party if you wish.
You cannot agree with the new employer not to supply this information.
If you do not provide employee liability information, the new employer can make a complaint to an industrial tribunal. This could lead to a compensatory award for any loss the new employer incurs due to not having the information. Compensation is usually at least £500 per employee affected.
The information you must provide
You must provide:
- identity and ages of the employees who will transfer
- their statements of employment particulars
- details of any collective agreements that apply
- details of any formal disciplinary action taken in the past two years to which the statutory disciplinary and dismissal procedures apply
- details of any employee grievances raised in the past two years to which the LRA Code of Practice on Disciplinary and Grievance Procedures applies
- instances of any legal actions against you in the past two years by the transferring employees and any potential legal actions that may be brought
If any of this information changes before the transfer is complete, you must provide the changes in writing to the new employer.
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Your responsibilities to employees transferred out of your business
What you have to do if all or some of your employees transfer to another employer.
You have important responsibilities to your employees if they are transferred out of your business.
Who transfers?
Those who transfer are employees employed by the transferor and assigned to the organised grouping of resources that are going to be transferred.
Therefore those who cannot transfer are:
- those only temporarily assigned to the organised grouping
- the self-employed
- independent contractors
However, an employee can still transfer even if they don't spend all their time working for the grouping to be transferred.
Information and consultation
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and/or the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (known collectively as TUPE), you are required to inform and consult the representatives of those employees affected by the transfer. Inform and consult your employees.
Affected employees are not just those who are going to transfer - other employees in the business may be affected by the transfer and have a right to be informed and consulted too.
See informing and consulting employees about business transfers.
Refusal to transfer
If an employee refuses to transfer with a business, they have not been dismissed but have effectively resigned. This means that they lose the right to claim certain employment rights.
See resignations connected with a business transfer.
Employee liability information
When employees transfer out of your business, you must give the new employer certain information about those employees. See the transfer of employee liability information.
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Changing terms and conditions after a business transfer
When you can change employees' terms and conditions of employment following a business transfer.
In a business transfer situation, employees' existing terms and conditions are transferred to the new employer from the start of the new employment.
Employees should therefore not be disadvantaged by a transfer, ie by having less favourable terms and conditions in their new roles.
Economic, technical or organisational reason
If you are the new employer, you can only vary a contract for a reason related to the transfer if it's an economic, technical, or organisational (ETO) reason entailing changes in the workforce.
There is no legal definition of an ETO reason. However, it might relate to, for example:
- the profitability or market performance of your business - an economic reason
- the nature of the equipment or production processes which you operate - a technical reason
- the management or organisational structure of your business - an organisational reason
Note that you can't vary the contracts of the transferred employees in order to harmonise their terms and conditions with those of your existing employees in equivalent roles or grades. A pay cut does not count as an ETO. The transfer of a business subject to insolvency proceedings is a different matter, however - it is covered below. However, you could change terms and conditions - by agreement - if the changes are positive, eg fewer working hours or additional holiday entitlement.
Changing terms and conditions over time
After a certain period, eg six months, you might be tempted to consider it 'safe' to vary the contracts of the transferred employees as the reason for the change cannot have been by reason of the transfer.
However, there is no set period for this and no 'rule of thumb' used by the courts or specified in the regulations to define a period of time after which it is safe to assume that the transfer will not impact directly or indirectly on the employer's actions.
Changing terms and conditions after the transfer of an insolvent business
Note that there is greater flexibility to change terms and conditions if the business being transferred is insolvent - see transfers of insolvent businesses.
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Dismissal before or after a business transfer
Continuity of employment, dismissals, and the ETO defence for a business transfer.
Employees who transfer have their continuity of employment preserved. This means that those who had, for example, 18 months of service with their previous employer have - at the time of the transfer - 18 months' service with the new employer.
This is important as it means that employees with enough continuous employment maintain their right to claim certain employment protection rights, eg the right to claim unfair dismissal (one year's continuous employment). Employees also have the right to claim a statutory redundancy payment (two years). See continuous employment and employee rights.
Dismissals before the business transfer
An employee still transfers if they would have been employed in the undertaking immediately before the transfer had they not been unfairly dismissed - either because of the transfer or for a reason connected with the transfer.
The employee will be able to lodge a complaint at the Industrial Tribunal for unfair dismissal against either the previous or the new employer - as long as they have at least one year's continuous employment.
The Labour Relations Agency (LRA) provides an alternative to the Industrial Tribunal under the LRA Arbitration Scheme. Under the scheme claimants and respondents can choose to refer a claim to an arbitrator to decide instead of going to a tribunal. The arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
Employers do, however, have the 'ETO defence' - see below.
Dismissals after the business transfer
If you dismiss a transferred employee either because of the transfer or a reason connected with it, their dismissal is automatically unfair.
In certain circumstances, individuals may require at least one year's continuous employment.
The LRA Arbitration Scheme can again provide an alternative to the Industrial Tribunal.
Employers do, however, have the 'ETO defence' - see below.
The ETO defence
If there is an economic, technical or organisational (ETO) reason entailing changes in the workforce, a Transfer of Undertakings (Protection of Employment) Regulations 2006 and/or Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (known collectively as TUPE)-related dismissal may be fair.
However, even with this defence, the dismissing employer must still follow a fair dismissal procedure. See dismissing employees.
ETO reasons are narrow in practice and effectively amount to a genuine redundancy situation, eg insolvency of the transferred undertaking.
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Informing and consulting employees about business transfers
Which workplace representatives you must consult and what you should tell them.
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006, (collectively known as TUPE), you are required to inform and consult the appropriate workplace representatives of those employees affected by the transfer.
Affected employees are not just those who are going to transfer - other employees in either business may be affected by the transfer and have a right to be informed and consulted too.
Which representatives must I inform and consult?
The appropriate representatives who you must inform and consult are either:
- Representatives of a trade union you have recognised for the purposes of collective bargaining - if there is one. See work effectively with trade unions.
- Employee representatives appointed by the affected employees specifically for the purpose of being informed and consulted on the transfer or who have already been appointed for a different purpose and are suitable for this purpose too. For information on arranging the election of employee representatives, see employee representatives during business transfers.
If you have a pre-existing information and consultation (I&C) agreement in place, you have a duty to inform and consult employees or their representatives on - among other things - changes to the workforce. This means that you may have to inform and consult when planning to buy or sell a business.
However, you do not have to inform and consult at the same time under both TUPE and the I&C legislation - you can choose instead to 'opt out' of your I&C agreement and consult under the transfer legislation only.
What to tell TUPE representatives
The appropriate representatives must be informed of:
- the fact that the transfer is taking place, and when and why it will happen
- the legal, economic, and social implications for affected employees
- any actions, steps, or arrangements the employer envisages taking in relation to affected employees, eg redundancies, relocation, or changes to terms and conditions, or the fact that no measures will be taken
- any actions, steps, or arrangements the new employer envisages taking in relation to employees who will transfer - if the employer is the selling employer
- information relating to the use of agency workers, including the total number of agency workers engaged, the areas of the business in which they work, and the type of work they do
You must consider and respond to any representations made by the appropriate representatives, stating your reasons if you reject any of them.
When to give information to TUPE representatives
You must provide information to representatives long enough before the transfer date to give reasonable time for consultation.
The consultation must be undertaken with a view to seeking their agreement.
Rights of TUPE representatives
Representatives have the right to have:
- access to the affected employees
- access to facilities to enable them to carry out their duties, eg a phone line or office
- time off with pay to carry out representative duties
Representatives may be eligible for reinstatement or compensation if unfairly dismissed or treated detrimentally because of their status or actions as representatives.
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Transfers of insolvent businesses
What happens in situations where employees are being transferred as part of an insolvent business.
If you are transferring a business that is subject to insolvency proceedings and you owe money to the employees to be transferred, the responsibility to pay the full amount of the money owed does not transfer to the new employer.
Redundancy Payments Service
The new employer is only responsible for the amount left after the employees have been paid from the Redundancy Payments Service (RPS). If you require further information or advice with an ongoing redundancy claim, you can call the Redundancy Payments Service Helpline on 028 9025 7562.
They should be able to make a claim through the RPS for:
- arrears of pay
- holiday pay - for days taken but not paid
They will not be able to claim statutory redundancy pay or pay in lieu of notice as - post-transfer - their job will not have ended.
For general advice on redundancies, you can get help from the Labour Relations Agency (LRA) Helpline on Tel 03300 555 300.
Permitted variations
You or the new employer - or the insolvency practitioner - can reduce pay and establish other less favourable terms and conditions after the transfer. These are known as permitted variations.
However, certain conditions must be met when doing this:
- the permitted variation must be agreed with you or the new employer - or the insolvency practitioner - and the appropriate representatives, ie trade union representatives if an independent trade union is recognised for collective bargaining purposes or, if not, elected employee representatives
- the agreement must be in writing and signed by each of the representatives or other authorised persons
- before the agreement is signed, the employer must provide all the affected employees with a copy of the agreement and any guidance the employees may need to understand it
You should also consider the following:
- any new terms and conditions agreed in a permitted variation must not breach other statutory entitlements, eg agreed pay rates must not be set below the national minimum wage
- any permitted variation must be made with the intention of safeguarding employment opportunities by ensuring the survival of the business - or part of it
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TUPE transfers: the impact on employee relations
Some negative effects of business transfers and how good staff relations and open communication can have a positive impact.
Transferring employees between businesses can affect staff morale. The result is often discontentment, not just in those transferred but also in staff left behind in the old business and existing employees in the new business.
Other effects on employees
If the process is not handled sensitively, the effects can include:
- feelings of displacement in the employees transferred
- anxiety among their ex-workmates who feel they might be next
- resentment among new workmates who distrust the reason the new employees have been introduced and may resent the fact that they have different terms and conditions
- a feeling of insecurity that may be common to all
However, if both employers know and meet their responsibilities fully and communicate openly throughout the process, then good relations can be maintained with all employees concerned.
Research shows that effective consultation can lead to better decision-making and smoother implementation of decisions and proposals, boosting productivity. This is because if employees feel they have input into decision-making, they will be more satisfied and motivated at work. See employee engagement.
You should be especially careful to emphasise the positive benefits of the sale or purchase and try to show how the prospects for all will be improved by the changes.
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Notice periods: payment in lieu and compromise agreements
Contractual and statutory notice periods
Minimum legal notice periods for employers and employees and the written statement of particulars of the employment contract.
An employee who has worked for a company continuously for one month or more must receive notice of dismissal/redundancy.
An employee who has worked for a company continuously for one month or more must give notice of their intention to leave.
These notice periods must be included in a written statement of employment particulars which must be issued to your employee within two months of them starting work.
Read Labour Relations Agency (LRA) guidance on preparing a written statement of the main terms and conditions of employment.
Employer notice periods
The minimum legal notice period to be given by an employer is:
- one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
- two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks
An employer can include longer periods of notice in the employment contract.
Note that if you plan to make 20 or more employees redundant special conditions apply. See redundancy: the options.
Employee notice periods
The minimum statutory notice period which must be given by an employee is at least one week's notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.
The minimum notice does not apply to casual workers, independent contractors, or freelance agents - see employment status.
Unless a contract states otherwise, notice can be given on any day. The notice period runs from the start of the day after the day on which the notice was given. So, if a week's notice is given on a Monday, the period of notice will begin on Tuesday and expire at the end of the following Monday.
Some contracts of employment contain special terms about notice, eg in contracts of employees who have access to information that you wish to protect from a competitor. See when workers leave your employment.
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Notice periods on family-related leave
Rights, responsibilities and notice periods for employees and employers.
An employee intending to take maternity or paternity leave must give notice before the end of the 15th week before the expected date of birth and state the expected week of childbirth and the date of the start of the leave - they can change this date with 28 days' notice. An employee taking paternity leave should also state how much leave is being taken.
An employee taking shared parental leave must give their employer eight weeks' notice (before the leave starts) of their intention to take shared parental leave.
For adoption leave employees must notify the employer within seven days of being notified that they have been matched for adoption, the date the child is expected, and the date the leave is to start.
Unless there is a collective agreement in force with a different period then employees must give 21 days' notice to the employer to take any period of parental leave.
An employee must also give notice before taking Parental Bereavement Leave. How much notice depends on when they're taking leave. They should tell you the date of the child's death or stillbirth when they want their Parental Bereavement Leave to begin and how much leave they are taking. See notice periods for Parental Bereavement Leave and Pay.
Returning to work
Employees returning from maternity or adoption leave don't have to give any notice if returning at the end of their entitled leave. The employer is responsible for telling the employee when leave expires.
If an employee wants to return early, eight weeks' notice must be given to the employer. If not, the employer can postpone the return until the full eight weeks' notice has been given or until the date when the maternity/adoption leave would have ended, whichever is earlier. However, the employer may not postpone an employee's return to a date later than the end of the maternity/adoption leave period.
If the employee does not want to return to work at the end of a period of leave, they must give their normal contractual period of notice. An employee is not required to say in advance whether they intend to return after maternity or adoption leave.
Dismissal
A dismissal on grounds of, or connected with maternity, paternity, adoption, parental bereavement, shared parental or parental leave will be regarded by an industrial tribunal as automatically unfair and risks amounting to unlawful sex discrimination.
It is not unlawful to dismiss an employee on maternity, paternity, adoption, parental bereavement, shared parental or parental leave providing it is not for reasons connected with the leave.
If there is a redundancy situation while an employee is off on maternity, adoption, or shared parental leave, the employee is entitled to be offered a suitable alternative vacancy where there is one before it is offered to any other employees. It would be unlawful to make an employee redundant without first complying with this requirement. The employee is entitled to the statutory notice period, or the notice specified in the employment contract, whichever is longer, or payment in lieu of notice (if the contract provides for it or, in the absence of any contractual provision, the employee is willing to accept pay in lieu of notice).
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Varying the notice period
How to terminate a contract without notice, agree to shorter notice periods or offer pay instead of notice.
The statutory or contractual notice period can be varied in a number of circumstances.
Summary dismissal
This occurs when an employee is dismissed without notice - summary dismissal - for gross misconduct. However, subject to statutory procedures, unless there is a proper investigation and an appeal hearing, an industrial tribunal/arbitrator might find that the dismissal was unfair.
Breach of contract
The employee can also terminate the contract of employment without notice if the employer has fundamentally breached the contract by their conduct.
Right to waiver
Employers and employees can both waive their right to notice, ie the employer and employee can agree to a shorter notice period. This must be by mutual agreement, and neither an employer nor employee can opt out of the minimum legal periods when forming a contract of employment.
Pay in lieu of notice
This will be a breach of contract unless the contract expressly provides for it or the employee is willing to accept pay in lieu of notice.
Minimum notice periods
The employment contract can be varied by agreement between the parties, but the statutory minimum notice periods will still apply.
Counter-notice
An employee who has been given notice of dismissal can give counter-notice to leave on an earlier date than the one on which the employer's notice period ends. The minimum statutory notice that an employee must give is one week, but usually, their contractual notice period will be longer than this. For the purposes of unfair dismissal legislation, the employee will still be treated as having been dismissed.
Redundancy notice
If an employee who has been given a redundancy notice wants to leave before their notice expires, eg to start a new job, they can ask the employer to agree to an earlier termination date. If the employer agrees, they will still get their redundancy payment.
However, if the employer objects they may withdraw the original redundancy notice and refuse to give the employee a redundancy payment. The employee could apply to an industrial tribunal which will decide whether the employee should get all, part of, or none of the redundancy payment.
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Notice periods: minimum payment rights
Payment rights during notice periods and in lieu of notice and compromise agreements.
An employee who continues to work during the period of notice is entitled to receive normal pay and benefits - including pay rises - for that period in line with their employment contract.
Employees with specified normal working hours
Employees whose contract specifies normal working hours and whose employment is terminated with notice are entitled to receive a minimum hourly rate for any normal working hours during the notice period that they are:
- ready and willing to work, but no work is provided
- unable to work due to sickness or injury
- absent from work wholly or partly because of pregnancy, childbirth or paternity, adoption, parental bereavement, shared parental or parental leave
- on holiday in accordance with the terms of employment
Employees without specified normal working hours
Employees whose contract does not specify normal working hours are entitled to receive at least a week's pay during the notice period for each week that they are:
- ready and willing to do work of a nature and amount to earn a week's pay
- unable to work due to sickness or injury
- absent from work wholly or partly due to pregnancy, childbirth or paternity, adoption, parental bereavement, shared parental or parental leave
- on holiday in accordance with the terms of employment
These minimum payment rights apply whether it is the employer or the employee who gives notice. If the employee gives notice, the employer can delay making the payments until the employee leaves at the end of the notice period - and does not have to make the payments at all if the employee goes on strike during the notice period.
The minimum average hourly rate of pay is a week's pay divided by the number of normal weekly hours. There are legal rules for calculating a week's pay for this purpose. To find out how to calculate pay, see our guide on pay: employer obligations.
Contractual notice period
Where the employee is not working during the notice period the employee will lose the statutory right to full pay during the notice period where the contract requires the employer to give at least one week more than the minimum statutory notice. The employee in such a case will be paid in accordance with the contract of employment, which may be statutory sick pay or full pay or half pay or whatever other contractual rights apply during lay-off, sickness, etc. It is important to seek legal advice before withholding notice pay from employees on family-related leave.
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Notice periods: payment in lieu and compromise agreements
Payment instead of working notice and setting out financial and other terms in an agreement.
An employee may simply work out a period of notice. They can also take payment in lieu, or have a compromise agreement with their employer.
Payment in lieu
Employers who don't need employees to work out all or part of the notice period can make a payment in lieu of notice if the contract allows for it or the employee is willing to accept it. This should cover all the benefits the employee would otherwise have enjoyed during the notice period, including pay, bonuses, accrued holiday, etc.
It is important to take legal advice when deciding whether or not to include a payment in lieu provision in the contract, as its inclusion can have a knock-on effect on your ability to enforce restrictive covenants against the employee. Restrictive covenants are designed to prevent employees from disclosing or using confidential information, trade secrets, etc, and/or soliciting or dealing with customers during a specified period after leaving the business. Restrictive covenant law is challenging, and it is recommended that you take legal advice prior to drawing any up. There are also important tax provisions.
Compromise and conciliated agreements
A compromise agreement is a single agreement setting out the financial and all other terms on which the employment relationship will end. The compromise agreement must meet certain requirements to be viewed as legally binding including; being in writing, signed by both parties and the employee must have had the benefit of independent legal advice. The employee is then unable subsequently to make a claim in the courts or an industrial tribunal.
A conciliated agreement is a legally binding agreement, facilitated through the Conciliation Service of the Labour Relations Agency (LRA), between an employer and employee to settle an existing or potential claim to the Industrial or Fair Employment Tribunal. As with a compromise agreement, the employee agrees to 'settle out of court' by accepting the financial or other compensation that the employer is offering in return for signing away their right to pursue their claim. This service is provided free of charge by the LRA.
Compromise or conciliated agreements can be useful in circumstances where the employer wishes to avoid the publicity, costs, or uncertain outcome of a tribunal or court case.
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Withdrawing notice
Withdrawal of notice issues and further guidance on the subject.
Once an employer or employee gives notice, it cannot be withdrawn unless both parties agree.
Thus, if an employer gives notice to an employee and later changes their mind, the employee can still consider themselves as dismissed from the date of termination specified by the notice.
See our guides on dismissing employees and when an employee resigns.
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Overtime and time off in lieu
Overtime and employment contracts
Overtime payment rates, call-out payments, and employment contracts.
If you expect employees to work regular overtime, it's a good idea to state this clearly in the employment contract, together with:
- whether overtime is guaranteed or non-guaranteed
- whether overtime is compulsory or voluntary
- whether payment or time off in lieu (TOIL) is given
- rates of overtime pay/how TOIL is worked out
- when overtime becomes payable/when TOIL becomes applicable
- any notice arrangements for overtime working
- the authorisation process, eg overtime must be agreed in advance and in writing by the employee's manager
Overtime payment rates
Overtime rates are for you to agree with your employees. There are no minimum statutory levels, but rates may be fixed by an industry-wide agreement.
Overtime pay varies from business to business. Some of the more typical overtime rates are:
- weekdays and Saturday mornings - time-and-a-half
- Saturday afternoons, Sundays, and public holidays - double-time (Sunday shop workers may be an exception)
- Christmas Day and New Year's Eve - double-time and above
Overtime can also be paid at a basic rate.
When does overtime become payable?
It's important to define the point at which overtime becomes payable. Many employers expect employees to be reasonable in finishing a task without demanding overtime payment. This may be up to 15 minutes for manual workers or as long as an hour for supervisory or management posts. You will need to ensure that when pay is averaged out, the national minimum, at least, has been paid for each hour worked.
Other organisations vary premiums according to the length of time worked, eg time-and-a-third for the first two hours and time-and-a-half after that.
Call-out payments
Employees who are called out from home to perform urgent duties normally receive call-out allowances or guaranteed hours at overtime rates. As call-out is likely to occur at nights, weekends, or statutory holidays, it's usually paid at the relevant overtime rate.
Many organisations pay agreed travelling time as well as actual hours worked. Usually, employees are paid for being on standby ready to respond to any call outs. You may decide to pay at different rates for time on standby or pay a separate fixed allowance. See pay: employer obligations.
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Source URL
/content/overtime-and-employment-contracts
Links
Advantages and disadvantages of overtime
Advantages and disadvantages of using overtime such as a more flexible workforce.
Advantages of overtime
The potential advantages of using overtime working include:
- a more flexible workforce
- the ability to deal with bottlenecks, busy periods, cover of absences and staff shortages without the need to recruit extra staff
- increased earning for employees and mutual employer benefit
- avoidance of disruption to jobs where the workload is more difficult to share, eg transport and driving
- the ability to carry out repair and maintenance which has to be done outside normal working hours
Disadvantages of overtime
However, disadvantages of using overtime may include:
- the expense of premium overtime rates
- inefficiency if employee's pace of work, through poor management, is slack and it becomes necessary to compensate by providing overtime
- regular long working hours, which can adversely affect employees' work, health and home lives - read how to promote healthy work-life balance in your business
- fatigue, which may increase absence levels and lead to unsafe working practices
- employee expectations of overtime, leading to resentment and inflexibility if you try to withdraw it
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-and-disadvantages-overtime
Links
Overtime and health and safety issues
Health and safety issues when managing overtime.
When allocating overtime, you need to be aware of health and safety considerations.
Health and safety considerations for overtime
Fatigue
Excessive overtime may make workers tired. They may then pose a risk to themselves or others, particularly if they are driving a vehicle or using dangerous or heavy machinery. Carry out risk assessments to ensure any dangers are identified and effectively managed.
Compliance with legal requirements
For example, maximum working week and night working limits are provided for by the Working Time Regulations (Northern Ireland) 2016.
Avoid allocating excessive overtime to shift workers
Particularly those working at night. Any health problems that may result from disturbance of the body's normal rhythms, for example, diabetes, will be made worse by fatigue. Read how you can promote healthy work-life balance in your business.
Avoid situations where employees work alone
This is particularly important in potentially hazardous environments such as factories or where employees are otherwise vulnerable. If working alone is the only solution, check that employees do not have any medical condition making it unsuitable for them to work alone, for example, epilepsy. You have a responsibility to provide a safe and healthy workplace. See how to ensure lone workers' safety.
You may also want to consider additional security for staff working late at night, eg improved car park lighting or safe transport home.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-health-and-safety-issues
Links
Overtime and part-time employees
Overview of how using part-time employees could reduce your dependency on overtime.
Use of part-time staff or other forms of flexible working could reduce your dependency on overtime.
Employers are free to make their own arrangements concerning overtime rates for part-time staff. You can insist that part-time workers work the normal full-time hours in your organisation at basic rates before being entitled to an overtime premium. Otherwise, they could earn more than their full-time counterparts. Full-time hours can vary in organisations eg the full-time hours in one organisation could be 37.5 hours and in another it could be 40 hours.
However, once a part-time worker has worked more than the normal full-time hours, you must pay them the same hourly rate of overtime as a comparable full-time worker. Employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-part-time-employees
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Overtime and flexible working
How flexible working could provide a more cost-effective alternative to overtime.
Flexible working practices often provide cost-effective alternatives to overtime. These include shift work, annual hours, flexitime, seasonal and term-time working, and job sharing. Read more on flexible working: the law and best practice.
Recruitment options
Staff recruitment options include recruiting agency workers or recruiting seasonal staff. You may also want to contract work out by using contractors and subcontractors.
Developed withAlso on this siteContent category
Source URL
/content/overtime-and-flexible-working
Links
Overtime and time off in lieu
Time off in lieu of overtime and how to avoid owing too much time at the end of the year.
An alternative to paying for overtime is to offer time off in lieu (TOIL). The practice is particularly common among higher-paid staff who work overtime.
Workers must agree to TOIL. They must also arrange to take it at a time that is convenient for the employer.
As with all forms of reward for overtime, TOIL needs careful management, and the ground rules should be set out clearly. One of the main problems with TOIL arrangements is the accumulation of owed time, which can amount to several weeks by the end of a year.
TOIL and employment contracts
This can be overcome with wording in the employment contract such as:
"No more than seven hours may be accumulated in any one month, and the time off must be taken in the following month. No entitlement can be carried forward without prior agreement. Any entitlement not taken will be lost."
In some businesses, time off is given in addition to overtime payment, especially for work on statutory holidays. You may also want to set out the minimum amount of time that can be recorded, eg 15 minutes. Again, the written terms and conditions or a company handbook should spell out what employees can expect.
Developed withAlso on this siteContent category
Source URL
/content/overtime-and-time-lieu
Links
Using overtime successfully
Regulations on overtime and avoiding excessive overtime.
For many businesses, overtime is a useful way of dealing with fluctuations in demand or coping with production bottlenecks. However, where it is used excessively it can be an expensive and inefficient way of organising work.
Where needed, ensure there are managers or supervisors in place, for example, to make sure that health and safety regulations are being followed. See overtime and health and safety issues.
Working time regulations
- Limit maximum weekly working hours and set minimum daily and weekly rest periods. See hours, rest breaks, and the working week. If necessary, you can ask employees, but not young workers, to sign individual agreements opting out of some of the regulations. Do not pressure them to do so - they must willingly agree. Note that employees who opt-out will also have the right to opt back into the regulations after giving the notice contained in the individual agreement.
- Restrict night-work shifts to an average of eight hours daily, including overtime, and offer health assessments to night workers. See Sunday working and night working. You should note that where a night worker's shift involves special hazards or heavy physical or mental strain, there is an absolute limit of 8 hours on the worker's working time each day - this is not an average.
- Set minimum paid annual holidays - see know how much holiday to give to your staff.
Guarding against excessive overtime
To help guard against any excessive overtime, many employers:
- Monitor overtime levels to identify areas where it could be reduced.
- Watch out for instances where overtime working becomes regular and unvarying.
- Limit the overtime employees may work over a given period.
- Reduce basic working hours, eg from 40 to 38, and ensure that employees work the first two hours of overtime at a flat rate. Note that reducing hours may constitute a variation of a contractual term and would therefore require agreement.
- Enhance employees' annual earnings or basic hourly rate, or pay them a lump sum, to compensate for the loss of overtime.
If you're planning on reducing basic working hours, note that this may potentially constitute a variation of contractual hours and must be agreed upon with the employee.
The Labour Relations Agency (LRA) can advise on agreeing and changing contracts of employment.
Developed withActionsAlso on this siteContent category
Source URL
/content/using-overtime-successfully
Links
Overtime and holiday pay
How employers should treat overtime, commission, and bonus payments for holiday pay.
If your workers get overtime, commission, or bonuses you must include these payments in at least four weeks of their paid holiday.
The Working Time (Amendment) Regulations (Northern Ireland) 2023, which came into effect in January 2024, have brought significant changes regarding how overtime affects paid annual leave entitlement.
Under these amendments, all types of overtime - both compulsory and voluntary - must be included in the calculation of paid annual leave entitlement.
Key points of these amendments include:
- The inclusion of regular overtime when calculating an employee’s paid holiday entitlement. Therefore, if an employee regularly works overtime, their holiday pay should reflect their normal earnings, including the overtime pay.
- Holiday pay should be based on the employee’s "normal remuneration," which includes regular overtime, rather than just their basic salary. The reference period for calculating holiday pay is typically the 12 weeks leading up to the leave, although there may be variations depending on specific employment contracts or agreements.
- Employers need to adjust their payroll systems to ensure that holiday pay calculations include all regular overtime. Therefore, in order to comply with these regulations accurate records of overtime worked need to be maintained.
These changes apply to the four weeks of annual leave that are derived from the EU Working Time Directive. They do not necessarily apply to the additional 1.6 weeks of leave (statutory annual leave) provided by Northern Ireland law, although many employers apply a uniform approach to avoid administrative complexities.
In summary, under the new regulations, overtime, commission, and bonus payments must be factored into employees in Northern Ireland’s holiday pay calculations, ensuring that holiday pay reflects their normal earnings, including regular overtime payments. For further advice, you can contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
Also on this siteContent category
Source URL
/content/overtime-and-holiday-pay
Links
Using overtime successfully
Overtime and employment contracts
Overtime payment rates, call-out payments, and employment contracts.
If you expect employees to work regular overtime, it's a good idea to state this clearly in the employment contract, together with:
- whether overtime is guaranteed or non-guaranteed
- whether overtime is compulsory or voluntary
- whether payment or time off in lieu (TOIL) is given
- rates of overtime pay/how TOIL is worked out
- when overtime becomes payable/when TOIL becomes applicable
- any notice arrangements for overtime working
- the authorisation process, eg overtime must be agreed in advance and in writing by the employee's manager
Overtime payment rates
Overtime rates are for you to agree with your employees. There are no minimum statutory levels, but rates may be fixed by an industry-wide agreement.
Overtime pay varies from business to business. Some of the more typical overtime rates are:
- weekdays and Saturday mornings - time-and-a-half
- Saturday afternoons, Sundays, and public holidays - double-time (Sunday shop workers may be an exception)
- Christmas Day and New Year's Eve - double-time and above
Overtime can also be paid at a basic rate.
When does overtime become payable?
It's important to define the point at which overtime becomes payable. Many employers expect employees to be reasonable in finishing a task without demanding overtime payment. This may be up to 15 minutes for manual workers or as long as an hour for supervisory or management posts. You will need to ensure that when pay is averaged out, the national minimum, at least, has been paid for each hour worked.
Other organisations vary premiums according to the length of time worked, eg time-and-a-third for the first two hours and time-and-a-half after that.
Call-out payments
Employees who are called out from home to perform urgent duties normally receive call-out allowances or guaranteed hours at overtime rates. As call-out is likely to occur at nights, weekends, or statutory holidays, it's usually paid at the relevant overtime rate.
Many organisations pay agreed travelling time as well as actual hours worked. Usually, employees are paid for being on standby ready to respond to any call outs. You may decide to pay at different rates for time on standby or pay a separate fixed allowance. See pay: employer obligations.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-employment-contracts
Links
Advantages and disadvantages of overtime
Advantages and disadvantages of using overtime such as a more flexible workforce.
Advantages of overtime
The potential advantages of using overtime working include:
- a more flexible workforce
- the ability to deal with bottlenecks, busy periods, cover of absences and staff shortages without the need to recruit extra staff
- increased earning for employees and mutual employer benefit
- avoidance of disruption to jobs where the workload is more difficult to share, eg transport and driving
- the ability to carry out repair and maintenance which has to be done outside normal working hours
Disadvantages of overtime
However, disadvantages of using overtime may include:
- the expense of premium overtime rates
- inefficiency if employee's pace of work, through poor management, is slack and it becomes necessary to compensate by providing overtime
- regular long working hours, which can adversely affect employees' work, health and home lives - read how to promote healthy work-life balance in your business
- fatigue, which may increase absence levels and lead to unsafe working practices
- employee expectations of overtime, leading to resentment and inflexibility if you try to withdraw it
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-and-disadvantages-overtime
Links
Overtime and health and safety issues
Health and safety issues when managing overtime.
When allocating overtime, you need to be aware of health and safety considerations.
Health and safety considerations for overtime
Fatigue
Excessive overtime may make workers tired. They may then pose a risk to themselves or others, particularly if they are driving a vehicle or using dangerous or heavy machinery. Carry out risk assessments to ensure any dangers are identified and effectively managed.
Compliance with legal requirements
For example, maximum working week and night working limits are provided for by the Working Time Regulations (Northern Ireland) 2016.
Avoid allocating excessive overtime to shift workers
Particularly those working at night. Any health problems that may result from disturbance of the body's normal rhythms, for example, diabetes, will be made worse by fatigue. Read how you can promote healthy work-life balance in your business.
Avoid situations where employees work alone
This is particularly important in potentially hazardous environments such as factories or where employees are otherwise vulnerable. If working alone is the only solution, check that employees do not have any medical condition making it unsuitable for them to work alone, for example, epilepsy. You have a responsibility to provide a safe and healthy workplace. See how to ensure lone workers' safety.
You may also want to consider additional security for staff working late at night, eg improved car park lighting or safe transport home.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-health-and-safety-issues
Links
Overtime and part-time employees
Overview of how using part-time employees could reduce your dependency on overtime.
Use of part-time staff or other forms of flexible working could reduce your dependency on overtime.
Employers are free to make their own arrangements concerning overtime rates for part-time staff. You can insist that part-time workers work the normal full-time hours in your organisation at basic rates before being entitled to an overtime premium. Otherwise, they could earn more than their full-time counterparts. Full-time hours can vary in organisations eg the full-time hours in one organisation could be 37.5 hours and in another it could be 40 hours.
However, once a part-time worker has worked more than the normal full-time hours, you must pay them the same hourly rate of overtime as a comparable full-time worker. Employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-part-time-employees
Links
Overtime and flexible working
How flexible working could provide a more cost-effective alternative to overtime.
Flexible working practices often provide cost-effective alternatives to overtime. These include shift work, annual hours, flexitime, seasonal and term-time working, and job sharing. Read more on flexible working: the law and best practice.
Recruitment options
Staff recruitment options include recruiting agency workers or recruiting seasonal staff. You may also want to contract work out by using contractors and subcontractors.
Developed withAlso on this siteContent category
Source URL
/content/overtime-and-flexible-working
Links
Overtime and time off in lieu
Time off in lieu of overtime and how to avoid owing too much time at the end of the year.
An alternative to paying for overtime is to offer time off in lieu (TOIL). The practice is particularly common among higher-paid staff who work overtime.
Workers must agree to TOIL. They must also arrange to take it at a time that is convenient for the employer.
As with all forms of reward for overtime, TOIL needs careful management, and the ground rules should be set out clearly. One of the main problems with TOIL arrangements is the accumulation of owed time, which can amount to several weeks by the end of a year.
TOIL and employment contracts
This can be overcome with wording in the employment contract such as:
"No more than seven hours may be accumulated in any one month, and the time off must be taken in the following month. No entitlement can be carried forward without prior agreement. Any entitlement not taken will be lost."
In some businesses, time off is given in addition to overtime payment, especially for work on statutory holidays. You may also want to set out the minimum amount of time that can be recorded, eg 15 minutes. Again, the written terms and conditions or a company handbook should spell out what employees can expect.
Developed withAlso on this siteContent category
Source URL
/content/overtime-and-time-lieu
Links
Using overtime successfully
Regulations on overtime and avoiding excessive overtime.
For many businesses, overtime is a useful way of dealing with fluctuations in demand or coping with production bottlenecks. However, where it is used excessively it can be an expensive and inefficient way of organising work.
Where needed, ensure there are managers or supervisors in place, for example, to make sure that health and safety regulations are being followed. See overtime and health and safety issues.
Working time regulations
- Limit maximum weekly working hours and set minimum daily and weekly rest periods. See hours, rest breaks, and the working week. If necessary, you can ask employees, but not young workers, to sign individual agreements opting out of some of the regulations. Do not pressure them to do so - they must willingly agree. Note that employees who opt-out will also have the right to opt back into the regulations after giving the notice contained in the individual agreement.
- Restrict night-work shifts to an average of eight hours daily, including overtime, and offer health assessments to night workers. See Sunday working and night working. You should note that where a night worker's shift involves special hazards or heavy physical or mental strain, there is an absolute limit of 8 hours on the worker's working time each day - this is not an average.
- Set minimum paid annual holidays - see know how much holiday to give to your staff.
Guarding against excessive overtime
To help guard against any excessive overtime, many employers:
- Monitor overtime levels to identify areas where it could be reduced.
- Watch out for instances where overtime working becomes regular and unvarying.
- Limit the overtime employees may work over a given period.
- Reduce basic working hours, eg from 40 to 38, and ensure that employees work the first two hours of overtime at a flat rate. Note that reducing hours may constitute a variation of a contractual term and would therefore require agreement.
- Enhance employees' annual earnings or basic hourly rate, or pay them a lump sum, to compensate for the loss of overtime.
If you're planning on reducing basic working hours, note that this may potentially constitute a variation of contractual hours and must be agreed upon with the employee.
The Labour Relations Agency (LRA) can advise on agreeing and changing contracts of employment.
Developed withActionsAlso on this siteContent category
Source URL
/content/using-overtime-successfully
Links
Overtime and holiday pay
How employers should treat overtime, commission, and bonus payments for holiday pay.
If your workers get overtime, commission, or bonuses you must include these payments in at least four weeks of their paid holiday.
The Working Time (Amendment) Regulations (Northern Ireland) 2023, which came into effect in January 2024, have brought significant changes regarding how overtime affects paid annual leave entitlement.
Under these amendments, all types of overtime - both compulsory and voluntary - must be included in the calculation of paid annual leave entitlement.
Key points of these amendments include:
- The inclusion of regular overtime when calculating an employee’s paid holiday entitlement. Therefore, if an employee regularly works overtime, their holiday pay should reflect their normal earnings, including the overtime pay.
- Holiday pay should be based on the employee’s "normal remuneration," which includes regular overtime, rather than just their basic salary. The reference period for calculating holiday pay is typically the 12 weeks leading up to the leave, although there may be variations depending on specific employment contracts or agreements.
- Employers need to adjust their payroll systems to ensure that holiday pay calculations include all regular overtime. Therefore, in order to comply with these regulations accurate records of overtime worked need to be maintained.
These changes apply to the four weeks of annual leave that are derived from the EU Working Time Directive. They do not necessarily apply to the additional 1.6 weeks of leave (statutory annual leave) provided by Northern Ireland law, although many employers apply a uniform approach to avoid administrative complexities.
In summary, under the new regulations, overtime, commission, and bonus payments must be factored into employees in Northern Ireland’s holiday pay calculations, ensuring that holiday pay reflects their normal earnings, including regular overtime payments. For further advice, you can contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
Also on this siteContent category
Source URL
/content/overtime-and-holiday-pay
Links
Overtime and part-time employees
Overtime and employment contracts
Overtime payment rates, call-out payments, and employment contracts.
If you expect employees to work regular overtime, it's a good idea to state this clearly in the employment contract, together with:
- whether overtime is guaranteed or non-guaranteed
- whether overtime is compulsory or voluntary
- whether payment or time off in lieu (TOIL) is given
- rates of overtime pay/how TOIL is worked out
- when overtime becomes payable/when TOIL becomes applicable
- any notice arrangements for overtime working
- the authorisation process, eg overtime must be agreed in advance and in writing by the employee's manager
Overtime payment rates
Overtime rates are for you to agree with your employees. There are no minimum statutory levels, but rates may be fixed by an industry-wide agreement.
Overtime pay varies from business to business. Some of the more typical overtime rates are:
- weekdays and Saturday mornings - time-and-a-half
- Saturday afternoons, Sundays, and public holidays - double-time (Sunday shop workers may be an exception)
- Christmas Day and New Year's Eve - double-time and above
Overtime can also be paid at a basic rate.
When does overtime become payable?
It's important to define the point at which overtime becomes payable. Many employers expect employees to be reasonable in finishing a task without demanding overtime payment. This may be up to 15 minutes for manual workers or as long as an hour for supervisory or management posts. You will need to ensure that when pay is averaged out, the national minimum, at least, has been paid for each hour worked.
Other organisations vary premiums according to the length of time worked, eg time-and-a-third for the first two hours and time-and-a-half after that.
Call-out payments
Employees who are called out from home to perform urgent duties normally receive call-out allowances or guaranteed hours at overtime rates. As call-out is likely to occur at nights, weekends, or statutory holidays, it's usually paid at the relevant overtime rate.
Many organisations pay agreed travelling time as well as actual hours worked. Usually, employees are paid for being on standby ready to respond to any call outs. You may decide to pay at different rates for time on standby or pay a separate fixed allowance. See pay: employer obligations.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-employment-contracts
Links
Advantages and disadvantages of overtime
Advantages and disadvantages of using overtime such as a more flexible workforce.
Advantages of overtime
The potential advantages of using overtime working include:
- a more flexible workforce
- the ability to deal with bottlenecks, busy periods, cover of absences and staff shortages without the need to recruit extra staff
- increased earning for employees and mutual employer benefit
- avoidance of disruption to jobs where the workload is more difficult to share, eg transport and driving
- the ability to carry out repair and maintenance which has to be done outside normal working hours
Disadvantages of overtime
However, disadvantages of using overtime may include:
- the expense of premium overtime rates
- inefficiency if employee's pace of work, through poor management, is slack and it becomes necessary to compensate by providing overtime
- regular long working hours, which can adversely affect employees' work, health and home lives - read how to promote healthy work-life balance in your business
- fatigue, which may increase absence levels and lead to unsafe working practices
- employee expectations of overtime, leading to resentment and inflexibility if you try to withdraw it
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-and-disadvantages-overtime
Links
Overtime and health and safety issues
Health and safety issues when managing overtime.
When allocating overtime, you need to be aware of health and safety considerations.
Health and safety considerations for overtime
Fatigue
Excessive overtime may make workers tired. They may then pose a risk to themselves or others, particularly if they are driving a vehicle or using dangerous or heavy machinery. Carry out risk assessments to ensure any dangers are identified and effectively managed.
Compliance with legal requirements
For example, maximum working week and night working limits are provided for by the Working Time Regulations (Northern Ireland) 2016.
Avoid allocating excessive overtime to shift workers
Particularly those working at night. Any health problems that may result from disturbance of the body's normal rhythms, for example, diabetes, will be made worse by fatigue. Read how you can promote healthy work-life balance in your business.
Avoid situations where employees work alone
This is particularly important in potentially hazardous environments such as factories or where employees are otherwise vulnerable. If working alone is the only solution, check that employees do not have any medical condition making it unsuitable for them to work alone, for example, epilepsy. You have a responsibility to provide a safe and healthy workplace. See how to ensure lone workers' safety.
You may also want to consider additional security for staff working late at night, eg improved car park lighting or safe transport home.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-health-and-safety-issues
Links
Overtime and part-time employees
Overview of how using part-time employees could reduce your dependency on overtime.
Use of part-time staff or other forms of flexible working could reduce your dependency on overtime.
Employers are free to make their own arrangements concerning overtime rates for part-time staff. You can insist that part-time workers work the normal full-time hours in your organisation at basic rates before being entitled to an overtime premium. Otherwise, they could earn more than their full-time counterparts. Full-time hours can vary in organisations eg the full-time hours in one organisation could be 37.5 hours and in another it could be 40 hours.
However, once a part-time worker has worked more than the normal full-time hours, you must pay them the same hourly rate of overtime as a comparable full-time worker. Employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/overtime-and-part-time-employees
Links
Overtime and flexible working
How flexible working could provide a more cost-effective alternative to overtime.
Flexible working practices often provide cost-effective alternatives to overtime. These include shift work, annual hours, flexitime, seasonal and term-time working, and job sharing. Read more on flexible working: the law and best practice.
Recruitment options
Staff recruitment options include recruiting agency workers or recruiting seasonal staff. You may also want to contract work out by using contractors and subcontractors.
Developed withAlso on this siteContent category
Source URL
/content/overtime-and-flexible-working
Links
Overtime and time off in lieu
Time off in lieu of overtime and how to avoid owing too much time at the end of the year.
An alternative to paying for overtime is to offer time off in lieu (TOIL). The practice is particularly common among higher-paid staff who work overtime.
Workers must agree to TOIL. They must also arrange to take it at a time that is convenient for the employer.
As with all forms of reward for overtime, TOIL needs careful management, and the ground rules should be set out clearly. One of the main problems with TOIL arrangements is the accumulation of owed time, which can amount to several weeks by the end of a year.
TOIL and employment contracts
This can be overcome with wording in the employment contract such as:
"No more than seven hours may be accumulated in any one month, and the time off must be taken in the following month. No entitlement can be carried forward without prior agreement. Any entitlement not taken will be lost."
In some businesses, time off is given in addition to overtime payment, especially for work on statutory holidays. You may also want to set out the minimum amount of time that can be recorded, eg 15 minutes. Again, the written terms and conditions or a company handbook should spell out what employees can expect.
Developed withAlso on this siteContent category
Source URL
/content/overtime-and-time-lieu
Links
Using overtime successfully
Regulations on overtime and avoiding excessive overtime.
For many businesses, overtime is a useful way of dealing with fluctuations in demand or coping with production bottlenecks. However, where it is used excessively it can be an expensive and inefficient way of organising work.
Where needed, ensure there are managers or supervisors in place, for example, to make sure that health and safety regulations are being followed. See overtime and health and safety issues.
Working time regulations
- Limit maximum weekly working hours and set minimum daily and weekly rest periods. See hours, rest breaks, and the working week. If necessary, you can ask employees, but not young workers, to sign individual agreements opting out of some of the regulations. Do not pressure them to do so - they must willingly agree. Note that employees who opt-out will also have the right to opt back into the regulations after giving the notice contained in the individual agreement.
- Restrict night-work shifts to an average of eight hours daily, including overtime, and offer health assessments to night workers. See Sunday working and night working. You should note that where a night worker's shift involves special hazards or heavy physical or mental strain, there is an absolute limit of 8 hours on the worker's working time each day - this is not an average.
- Set minimum paid annual holidays - see know how much holiday to give to your staff.
Guarding against excessive overtime
To help guard against any excessive overtime, many employers:
- Monitor overtime levels to identify areas where it could be reduced.
- Watch out for instances where overtime working becomes regular and unvarying.
- Limit the overtime employees may work over a given period.
- Reduce basic working hours, eg from 40 to 38, and ensure that employees work the first two hours of overtime at a flat rate. Note that reducing hours may constitute a variation of a contractual term and would therefore require agreement.
- Enhance employees' annual earnings or basic hourly rate, or pay them a lump sum, to compensate for the loss of overtime.
If you're planning on reducing basic working hours, note that this may potentially constitute a variation of contractual hours and must be agreed upon with the employee.
The Labour Relations Agency (LRA) can advise on agreeing and changing contracts of employment.
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Overtime and holiday pay
How employers should treat overtime, commission, and bonus payments for holiday pay.
If your workers get overtime, commission, or bonuses you must include these payments in at least four weeks of their paid holiday.
The Working Time (Amendment) Regulations (Northern Ireland) 2023, which came into effect in January 2024, have brought significant changes regarding how overtime affects paid annual leave entitlement.
Under these amendments, all types of overtime - both compulsory and voluntary - must be included in the calculation of paid annual leave entitlement.
Key points of these amendments include:
- The inclusion of regular overtime when calculating an employee’s paid holiday entitlement. Therefore, if an employee regularly works overtime, their holiday pay should reflect their normal earnings, including the overtime pay.
- Holiday pay should be based on the employee’s "normal remuneration," which includes regular overtime, rather than just their basic salary. The reference period for calculating holiday pay is typically the 12 weeks leading up to the leave, although there may be variations depending on specific employment contracts or agreements.
- Employers need to adjust their payroll systems to ensure that holiday pay calculations include all regular overtime. Therefore, in order to comply with these regulations accurate records of overtime worked need to be maintained.
These changes apply to the four weeks of annual leave that are derived from the EU Working Time Directive. They do not necessarily apply to the additional 1.6 weeks of leave (statutory annual leave) provided by Northern Ireland law, although many employers apply a uniform approach to avoid administrative complexities.
In summary, under the new regulations, overtime, commission, and bonus payments must be factored into employees in Northern Ireland’s holiday pay calculations, ensuring that holiday pay reflects their normal earnings, including regular overtime payments. For further advice, you can contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
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Employee absence as a conduct issue
In this guide:
- Manage absence and sickness
- Benefits of an absence and sickness policy
- Absence and sickness policies: what to include
- Manage workplace absence and sickness
- Measure and monitor absence and sickness
- Employee absence as a capability issue
- Employee absence as a conduct issue
- Employee absence due to conflict at work
- Employee absence due to bad weather
- Managing absence and sickness: five things you should know
- Managing sickness absence - MindWise (video)
Benefits of an absence and sickness policy
Productivity, morale, and staff retention can be improved with clear workplace policies on absence and sickness.
Having an absence and sickness policy can bring clear business benefits including:
- lower insurance costs
- higher rates of staff retention and motivation
- improved productivity, profitability and morale
You may also find that the reputation of your business is improved and that this, in turn, aids employee recruitment.
Management benefits of having an absence and sickness policy
From a management point of view, having an absence and sickness policy can help you to:
- prevent small problems from developing into larger ones
- measure and monitor employee absence - see measure and monitor absence and sickness
- identify and tackle underlying problems, such as workload demands, poor working conditions, work-life balance issues, conflict at work, or lack of adequate training/career development
Monitoring reasons for unexpected absences is just one of the ways of managing staff health and wellbeing and how you can control staff turnover.
You may find that monitoring reasons for absences makes it easier for you to identify and deal with different types of absences appropriately.
See employee absence as a capability issue and employee absence as a conduct issue.
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Absence and sickness policies: what to include
An overview of what to include in workplace absence and sickness policies.
You should develop your absence and sickness policy/procedures in consultation with line managers and workplace representatives.
What should my absence and sickness policy include?
An absence and sickness policy could include the following:
- When time off might or must be permitted, eg jury service leave and time off for emergencies involving dependants. See allowing time off work.
- How the worker should notify you if they are ill, going to be late for work, or absent for other unexpected reasons, eg because a dependant has had an accident or fallen ill. It might be helpful to clarify the circumstances when dependants leave would typically be applicable, such as where the reason for absence relates to an emergency situation or unexpected disruption. See parental leave and time off for dependants.
- When they should submit a medical statement, known as a fit note, from their healthcare professional or self-certify their illness and the implications of failure to provide appropriate certification. Note that under statutory sick pay rules, self-certification is only required from the fourth day, and a medical statement from the eighth day, of an absence. See manage workplace absence and sickness.
- Details of any methods used to measure absence eg Bradford Factor.
- An indication of what is deemed unacceptable levels of absence and trigger points for taking action to review.
- Statutory - and any contractual - sick pay arrangements. This should also be covered in each employee's written statement of employment particulars.
- The circumstances when absences will be dealt with as a capability issue and the circumstances when absences will be dealt with as a conduct issue.
- Possible procedures for using the employer's own doctor/medical adviser or the procedure for seeking an employee's consent to obtain a medical report from their GP/medical practitioner.
- If applicable, the need to attend a return-to-work interview
- Consequences of not complying with the policy, eg when disciplinary measures will be taken.
- Identifies who is responsible for keeping attendance records.
- Reference to any other relevant policies, eg alcohol/drug misuse, health and safety, discipline and grievance, annual leave, maternity/adoption/paternity/parental leave. See staff documents and employment policies.
You may also want to include the following points:
- If you have good reason to believe an employee is abusing the system, you may begin disciplinary action against them.
- While you will treat those who fall ill sympathetically, excessive sickness can result in dismissal. For information on dealing with employee illness fairly, see employee absence as a capability issue.
Supporting staff with long-term sickness
There are other options you may want to consider, including:
- offering a counselling service (or arranging a referral to specialist assistance)
- setting up rehabilitation programmes for long-term sickness
- a referral to an occupational health service that can provide useful information regarding staff on long-term sickness absence and support their return to work
- appointing an absence case manager
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Manage workplace absence and sickness
An overview of the basic principles of managing absence and sickness effectively.
There are a number of steps you should take to manage unexpected workplace absence and sickness effectively:
- Produce clear written procedures for reporting absence. See absence and sickness policies: what to include.
- Accurately record and monitor absence. See measure and monitor absence and sickness.
- Train managers on how to handle absence.
- Set targets for absence levels.
- Conduct return-to-work interviews after absences, interviewing sensitively to find out if there are underlying causes.
- Provide special equipment if appropriate, eg specialist chairs or chair aids for employees with back problems. Find out about the help available to employers from the Health and Work Support Branch.
- Develop other initiatives to encourage good attendance, eg improvement of working conditions, the introduction of flexible working, provision of counselling and healthcare facilities.
Statement of fitness for work or the fit note
A statement of fitness for work, also known as a fit note is a medical statement that healthcare professionals issue to patients whose health condition affects their ability to work.
Fit note change from 1 July 2022
Since 1 July 2022, other healthcare professionals in addition to doctors are able to sign a fit note. This includes registered nurses, physiotherapists, occupational therapists, and pharmacists. See fit note changes come into effect from 1 July 2022.
A healthcare professional may only issue a fit note after seven calendar days of sickness absence. For sickness absences of seven calendar days or fewer, employees can self-certify.
A statement of fitness for work allows a healthcare professional to advise either that the patient is unfit for work or that they may be fit for work if appropriate support is available eg a phased return to work, altered hours, amended duties, or workplace adaptations.
In the latter case, the healthcare professional may also comment on the functional effects of the patient's health condition and, if appropriate, what changes you, as the patient's employer, could make - in agreement with the employee - to help them get back to work as part of their recovery.
While you don't have to act on the healthcare professional's advice, the statement may help you make simple and practical workplace adjustments to help your staff return to work and reduce unnecessary sickness absences.
Regardless of what a statement says, you must still make reasonable adjustments for disabled employees under the disability provisions in the Disability Discrimination Act 1995.
The Chartered Institute of Personnel and Development (CIPD) has a number of guides, factsheets and Q&As on absence management.
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Measure and monitor absence and sickness
How to measure and record absence and sickness in your workplace.
Setting up procedures for measuring absence and sickness in the workplace allows you to identify:
- how much working time has been lost
- where absence occurs the most, eg among particular types of worker or department
- how often individual workers are absent
- whether there is a pattern of absence, eg where a worker regularly calls in sick on a Friday
- sickness absence reasons
It will also show whether the absence is:
- due to short-term sickness and certificated
- due to short-term sickness and uncertificated
- due to long-term sickness
- not sickness-related and authorised
- not sickness-related, but unauthorised
With this information, you should be able to take the appropriate action to improve workplace absence and sickness levels.
Reasons for employee absence
Reasons for unauthorised absence can be personal, eg due to domestic problems, or work-related, eg due to verbal abuse from customers or heavy workloads and, in turn, increased levels of stress.
Consider improving such conditions by:
- examining job design
- using temporary staff during busy periods
- developing policies and procedures to tackle anti-social behaviour against public-facing staff
- offering flexible working patterns, training and promotion opportunities, staff incentives, etc
- offering employees training on managing work-related stress
- offering managers training on managing stress in the workplace
Return-to-work interviews
Return-to-work interviews can be an effective way of collecting absence data. Carried out sensitively, they can help establish:
- if there is a hidden reason for a worker's absence, eg workplace bullying or domestic problems
- f they are fit to return to work
- whether there is any underlying medical condition
- the likelihood of any recurrence of the problem/illness
- if there is an absence problem
- whether any action is required and allow the employer to explain the consequences of any further absences
- if medical referral is necessary
- whether a disability exists
Keeping sickness and absence records
Prior to 6 April 2014 under regulation 7 (13) of Schedule 4 to the Social Security (Contributions) Regulations 2001, an employer had to keep wage records for all employees.
Regulation 13 of the SSP General Regulations 1982, as amended by Regulations 3 of the Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996, required an employer to keep sick absence records for each employee for each year.
With effect from 6 April 2014 regulation 13 was revoked and employers are no longer required to keep records of sickness absence.
Regulation 13A is still in force and an employer may be required to produce records to show statutory sick pay has been paid to their employees. See statutory sick pay forms and record-keeping.
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Employee absence as a capability issue
How an employee's illness can affect their ability to perform their job.
An employee may become incapable of doing their job to the required standard because they are genuinely affected by either of the following:
- long-term ill health related to an underlying medical condition and therefore they don't attend work for a long period of time
- frequent bouts of short-term sickness related to an underlying medical condition and they are therefore unable to attend work regularly
Addressing absence as a capability issue
In either of these circumstances, you should treat any absence as a capability issue and:
- deal with the situation sensitively
- investigate, measure, and monitor the employee's absence record
- consult them regularly to find out about their health and discuss ways of enabling them to remain in the workplace, or if on long-term sickness absence the likelihood of a return to work
- set time limits on assessing the situation and tell the employee
- let them know if their job is at risk, and why
- obtain medical reports - although you'll need their permission
- consider adjustments to their job to allow them to return to work and/or do their job more easily
- consider offering any other vacancy you may have which has duties that the employee may be fit to perform
To avoid an unfair dismissal claim, only dismiss as a last resort. Make sure you have followed fair and proper procedures, including statutory dismissal and disciplinary procedures. See dismissing employees.
Keep in mind the following:
- Check if the illness relates to a disability - if so, you may need to make reasonable adjustments so that the employee can carry out their job. For the definition of disability, see how to prevent discrimination and value diversity.
- Discount any periods of absence related to a pregnancy-related illness when taking action over someone's absence record. For the rights of pregnant employees, see pregnancy at work.
- An eligible employee may be entitled to statutory sick pay for up to 28 weeks - as well as any contractual sick pay. See pay: employer obligations.
Absence related to drugs and alcohol
Treat employees addicted to drugs or alcohol similarly to employees with any other serious illness. However, if an employee won't accept they have a problem or seek help, the issue may become one of unacceptable conduct.
Where the issue is purely one of conduct, ie the employee is not addicted to alcohol or drugs but their drug/alcohol consumption is leading to regular absence/lateness, you should consider subjecting them to your disciplinary procedure.
See workplace policies on smoking, drugs, and alcohol, and employee absence as a conduct issue.
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Employee absence as a conduct issue
How to manage an absence problem as a conduct issue where you may need to take disciplinary action.
Persistent short term absence due to illness, where there is no specific medical cause, should be dealt with as a conduct issue and you may wish to take disciplinary action.
Be aware though that sickness, domestic problems or travel difficulties leading to absence or lateness may not necessarily amount to misconduct. Absences relating to an underlying medical condition should be dealt with as a capability issue. Additionally, if the sickness is pregnancy related, you must not take disciplinary action. See employee absence as a capability issue.
Investigations before taking disciplinary action
Prior to taking disciplinary action, you should:
- review the employee's attendance record
- meet with the employee to discuss and review their overall attendance record
If there is no reasonable explanation for the absence you may decide to take disciplinary action.
Prior to taking disciplinary action, you could:
- caution employees that it is a requirement to comply with your absence and sickness policy/procedures and this would include ensuring they phone in at or by a given time each day
- ensure line managers follow up on any unexplained absence
Where employees are finding it difficult to manage home and work responsibilities, consider introducing flexible working arrangements.
Note that eligible employees have the right to request flexible working.
You must consider such requests seriously - see flexible working: the law and best practice.
Taking disciplinary action
The employee should be given an opportunity to improve. Usually warnings, both oral and written, are sufficient.
If the situation does not improve, you may have to consider dismissal, but only as a last resort and after following proper and fair procedures, including statutory dismissal and disciplinary procedures. See disciplinary procedures, hearings, and appeals.
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Employee absence due to conflict at work
How to manage staff who are absent because of disputes or other conflicts in the workplace.
An employee may be absent because of a conflict at work. This absence could either be in the form of sick leave or unauthorised and unexplained. With any type of absence, the employee may telephone you to explain what has caused it, or you may have to call the employee instead.
Resolving conflict at work
If you find out that an employee's absence is being caused by a conflict at work, you need to take steps to resolve it.
You may wish to use mediation as a way of resolving the problem. Mediation is a process whereby an independent third party intervenes in a workplace dispute to assist the parties to reach a satisfactory outcome. Mediation is especially suitable when used at the early stages of a problem at work and can be used in any dispute, but is particularly useful in relationship issues. The Labour Relations Agency (LRA) provides a free mediation service.
However, the employee might just tell you that they are affected by depression or stress. If so, you should try to find out - if it's not immediately clear - the underlying cause to determine whether it's work-related.
With unauthorised absence, the employee may be reluctant to tell you why they are absent, ie they might either avoid giving you an explanation or give you an explanation that you find unconvincing. In either case, you should arrange a return-to-work interview with the employee to find out the underlying cause of their absence.
If the employee continues to take periods of unauthorised absence, you may treat it as a conduct issue and apply your disciplinary procedure (which should as a minimum comply with the statutory dismissal and disciplinary procedures). You may find that, during a disciplinary hearing, the employee raises a grievance relating to a conflict at work that has ultimately led to their absence. If this happens, you should consider suspending the disciplinary process for a short period in order to deal with the grievance. However, if the grievance constitutes the employee's defence to the disciplinary issue, you may find it convenient to deal with both issues concurrently.
See disciplinary procedures, hearings, and appeals and handling grievances.
Return-to-work interviews
Whenever an employee returns to work after a period of sickness absence, you should hold a return-to-work interview with them.
As part of the discussion, you can:
- welcome the employee back
- check they are well enough to be at work
- update them on any news while they were absent
- ask them about the cause of their absence
You may find that they were absent because of a conflict at work. For example:
- they have an ongoing disagreement with a peer or their manager
- they are being bullied or harassed by a colleague, client or customer
- before their absence, you had called them to a meeting on an unrelated disciplinary matter, eg to discuss their performance or conduct
- there is a dispute between groups of workers
- there is a dispute between a group of workers and management over, for example, pay or conditions, which may have already led - or may lead in future - to industrial action
If so, you need to take steps to deal with the conflict. See managing conflict.
If you are already aware that the absence was caused by a conflict at work, you should inform the employee about the steps that you have taken or plan to take to resolve it. They should also have a clear understanding of what may happen if they continue to be absent from work.
Continuing absence during a disciplinary procedure
If you think an employee's continuing absence is itself due to a forthcoming disciplinary hearing and, as a result, they fail to attend it, you should:
- rearrange the date of the meeting
- consider seeking medical advice on an employee's fitness to attend a disciplinary hearing
- warn the employee that, if they fail to attend again without good reason, you could make your decision on the matter in their absence
If the employee repeatedly fails to attend rearranged disciplinary hearings, you need to consider all the facts and come to a reasonable decision on how to proceed.
Considerations may include:
- any rules you have for dealing with failure to attend disciplinary meetings
- the seriousness of the disciplinary issue under consideration
- the employee's disciplinary record (including current warnings), general work record, work experience, position and length of service
- medical opinion on whether the employee is fit to attend the meeting
- how you have dealt with similar cases in the past
- the explanations and reasons for non-attendance given by the employee
However, eventually you will be entitled to reach your disciplinary decision in their absence, whether it's a warning, action short of dismissal such as demotion, or even dismissal itself.
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Employee absence due to bad weather
Flexible working and other issues you may have to tackle during bad weather.
Bad weather - particularly heavy snow - and the resulting transport problems can lead to a large number of employees being absent from or late for work.
To reduce the impact of bad weather, you should plan ahead. For example, think about issues such as alternative working patterns or who can cover at short notice.
It's also a good idea to include a section on bad weather in your absence policy so that you and your staff know what to do when these situations arise.
Remote working
It's worth considering a more flexible approach to matters such as location - you could allow employees to work from home/remotely if, for example, all or most of their work is done using a computer with an internet connection.
Alternatively you could agree with the employee that they start and finish at a later time, or that they take a day's holiday or perhaps any accrued time off in lieu.
In addition, information technology could be useful in enabling a business to run effectively if many employees are absent from work, for example using laptops or smartphones to work remotely. See remote access security best practice.
Pay issues
You do not have to pay an employee if, because of bad weather:
- they are unable to get to work
- they are late for work (unless the travel itself is part of their working time or - in some situations - where you provide the transport)
However, you may have to pay an employee if:
- the right to payment is set out in their employment contract or a collective agreement
- it's become custom and practice for you to do so in these circumstances
Finally, providing you do not discriminate, you might, even without obligation, choose to pay for a short lateness absence, making it clear it is not a precedent. Such a consideration can engender staff goodwill.
Dealing with absence issues fairly
Even if your business is damaged by the effects of absent workers, make sure that any disciplinary action you take is carried out according to proper and fair procedure.
This will help maintain good, fair, and consistent employment relations and help prevent complaints to industrial tribunals. See disciplinary procedures, hearings, and appeals.
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Managing absence and sickness: five things you should know
Top tips to help employers effectively manage unexpected workplace absence.
As an employer, you should ensure you have appropriate systems in place to manage unexpected staff absences. These absences can affect productivity and profits and can even lower morale and motivation.
Top tips to manage workplace sickness and absences
The following top tips will help you to better manage unexpected absences in your business.
1. Understand the reasons for employee absence
It's important to be aware of potential factors contributing to the absence levels in your business. Reasons for absence could be personal or work-related. Some common reasons include unsafe work practices; heavy workloads; family problems; abuse from customers; conflict at work; ill health; drug or alcohol dependency; and bad weather. See how to manage absence and sickness.
2. Put effective policies and procedures in place
You can improve the impact of absences by putting effective policies and procedures in place and applying these fairly and consistently. These should be backed up by agreeable working conditions, good management, and a focus on staff motivation. Having an absence and sickness policy brings clear business benefits including lower insurance costs, higher rates of staff retention, and improved productivity. Having set procedures in place can also help you to prevent small problems from developing into larger ones, measure and monitor absence and identify underlying problems. Read about the benefits of having an absence and sickness policy.
3. Spend time developing your absence and sickness policy
You should develop your absence and sickness policy and procedures in consultation with line managers and workplace representatives. Your policy could include: when time off is permitted; how and when the worker should notify you of absence; when a worker should submit a medical statement or fit note from their healthcare professional; statutory sick pay arrangements; consequences of not complying with the policy; and responsibility for keeping attendance records. Absence and sickness policies: what to include.
4. Prepare for and manage unexpected absences
You should adhere to your absence and sickness policy and procedures when an instance of unexpected absence occurs. There are also a number of steps you should take to prepare for such an event: accurately record and monitor absence; train managers on how to handle absence; provide special equipment if appropriate; and set targets for absence levels. You should also conduct return-to-work interviews after absences, interviewing sensitively to assess if there are any underlying causes. You could also develop other initiatives to encourage good attendance such as the introduction of flexible working or introducing counselling and healthcare packages. Manage workplace absence and sickness.
5. Measure and monitor absence in your business
Monitoring absence in your business allows you to find out how much working time has been lost, where the absence occurs most, how often individual workers are absent, and whether there is a pattern of absence. With this information, you should be able to take the appropriate action to improve the situation. See measure and monitor absence and sickness. Not least, measuring and monitoring absences might reveal annual patterns of stress points which can help you prepare for and manage absences to a degree eg restrict (within contract limits) leave at such times.
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Manage absence and sickness
Managing sickness absence - MindWise (video)
In this video case study, MindWise and the Equality Commission, explain the importance of having a workplace sickness absence policy.
MindWise is a Northern Ireland charity that works to support those at risk of and affected by, severe mental illness and mental health difficulties.
MindWise has a low sickness absence among its staff. Anne Doherty, Deputy Chief Executive, explains how the organisation achieves and maintains this success rate. This includes having the right policies and procedures, alongside creating a culture where there are workplace initiatives, to promote a healthy environment for all staff. The charity specifically encourages WRAP (Wellness Recovery Action Planning) as a method to support positive mental health and wellbeing.
MindWise works closely with the Equality Commission. In this video, Una Wilson from the Equality Commission also highlights the challenges that Northern Ireland businesses face when managing sickness absence and the local support that is available to assist.
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Employee absence as a capability issue
In this guide:
- Manage absence and sickness
- Benefits of an absence and sickness policy
- Absence and sickness policies: what to include
- Manage workplace absence and sickness
- Measure and monitor absence and sickness
- Employee absence as a capability issue
- Employee absence as a conduct issue
- Employee absence due to conflict at work
- Employee absence due to bad weather
- Managing absence and sickness: five things you should know
- Managing sickness absence - MindWise (video)
Benefits of an absence and sickness policy
Productivity, morale, and staff retention can be improved with clear workplace policies on absence and sickness.
Having an absence and sickness policy can bring clear business benefits including:
- lower insurance costs
- higher rates of staff retention and motivation
- improved productivity, profitability and morale
You may also find that the reputation of your business is improved and that this, in turn, aids employee recruitment.
Management benefits of having an absence and sickness policy
From a management point of view, having an absence and sickness policy can help you to:
- prevent small problems from developing into larger ones
- measure and monitor employee absence - see measure and monitor absence and sickness
- identify and tackle underlying problems, such as workload demands, poor working conditions, work-life balance issues, conflict at work, or lack of adequate training/career development
Monitoring reasons for unexpected absences is just one of the ways of managing staff health and wellbeing and how you can control staff turnover.
You may find that monitoring reasons for absences makes it easier for you to identify and deal with different types of absences appropriately.
See employee absence as a capability issue and employee absence as a conduct issue.
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Absence and sickness policies: what to include
An overview of what to include in workplace absence and sickness policies.
You should develop your absence and sickness policy/procedures in consultation with line managers and workplace representatives.
What should my absence and sickness policy include?
An absence and sickness policy could include the following:
- When time off might or must be permitted, eg jury service leave and time off for emergencies involving dependants. See allowing time off work.
- How the worker should notify you if they are ill, going to be late for work, or absent for other unexpected reasons, eg because a dependant has had an accident or fallen ill. It might be helpful to clarify the circumstances when dependants leave would typically be applicable, such as where the reason for absence relates to an emergency situation or unexpected disruption. See parental leave and time off for dependants.
- When they should submit a medical statement, known as a fit note, from their healthcare professional or self-certify their illness and the implications of failure to provide appropriate certification. Note that under statutory sick pay rules, self-certification is only required from the fourth day, and a medical statement from the eighth day, of an absence. See manage workplace absence and sickness.
- Details of any methods used to measure absence eg Bradford Factor.
- An indication of what is deemed unacceptable levels of absence and trigger points for taking action to review.
- Statutory - and any contractual - sick pay arrangements. This should also be covered in each employee's written statement of employment particulars.
- The circumstances when absences will be dealt with as a capability issue and the circumstances when absences will be dealt with as a conduct issue.
- Possible procedures for using the employer's own doctor/medical adviser or the procedure for seeking an employee's consent to obtain a medical report from their GP/medical practitioner.
- If applicable, the need to attend a return-to-work interview
- Consequences of not complying with the policy, eg when disciplinary measures will be taken.
- Identifies who is responsible for keeping attendance records.
- Reference to any other relevant policies, eg alcohol/drug misuse, health and safety, discipline and grievance, annual leave, maternity/adoption/paternity/parental leave. See staff documents and employment policies.
You may also want to include the following points:
- If you have good reason to believe an employee is abusing the system, you may begin disciplinary action against them.
- While you will treat those who fall ill sympathetically, excessive sickness can result in dismissal. For information on dealing with employee illness fairly, see employee absence as a capability issue.
Supporting staff with long-term sickness
There are other options you may want to consider, including:
- offering a counselling service (or arranging a referral to specialist assistance)
- setting up rehabilitation programmes for long-term sickness
- a referral to an occupational health service that can provide useful information regarding staff on long-term sickness absence and support their return to work
- appointing an absence case manager
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Manage workplace absence and sickness
An overview of the basic principles of managing absence and sickness effectively.
There are a number of steps you should take to manage unexpected workplace absence and sickness effectively:
- Produce clear written procedures for reporting absence. See absence and sickness policies: what to include.
- Accurately record and monitor absence. See measure and monitor absence and sickness.
- Train managers on how to handle absence.
- Set targets for absence levels.
- Conduct return-to-work interviews after absences, interviewing sensitively to find out if there are underlying causes.
- Provide special equipment if appropriate, eg specialist chairs or chair aids for employees with back problems. Find out about the help available to employers from the Health and Work Support Branch.
- Develop other initiatives to encourage good attendance, eg improvement of working conditions, the introduction of flexible working, provision of counselling and healthcare facilities.
Statement of fitness for work or the fit note
A statement of fitness for work, also known as a fit note is a medical statement that healthcare professionals issue to patients whose health condition affects their ability to work.
Fit note change from 1 July 2022
Since 1 July 2022, other healthcare professionals in addition to doctors are able to sign a fit note. This includes registered nurses, physiotherapists, occupational therapists, and pharmacists. See fit note changes come into effect from 1 July 2022.
A healthcare professional may only issue a fit note after seven calendar days of sickness absence. For sickness absences of seven calendar days or fewer, employees can self-certify.
A statement of fitness for work allows a healthcare professional to advise either that the patient is unfit for work or that they may be fit for work if appropriate support is available eg a phased return to work, altered hours, amended duties, or workplace adaptations.
In the latter case, the healthcare professional may also comment on the functional effects of the patient's health condition and, if appropriate, what changes you, as the patient's employer, could make - in agreement with the employee - to help them get back to work as part of their recovery.
While you don't have to act on the healthcare professional's advice, the statement may help you make simple and practical workplace adjustments to help your staff return to work and reduce unnecessary sickness absences.
Regardless of what a statement says, you must still make reasonable adjustments for disabled employees under the disability provisions in the Disability Discrimination Act 1995.
The Chartered Institute of Personnel and Development (CIPD) has a number of guides, factsheets and Q&As on absence management.
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Measure and monitor absence and sickness
How to measure and record absence and sickness in your workplace.
Setting up procedures for measuring absence and sickness in the workplace allows you to identify:
- how much working time has been lost
- where absence occurs the most, eg among particular types of worker or department
- how often individual workers are absent
- whether there is a pattern of absence, eg where a worker regularly calls in sick on a Friday
- sickness absence reasons
It will also show whether the absence is:
- due to short-term sickness and certificated
- due to short-term sickness and uncertificated
- due to long-term sickness
- not sickness-related and authorised
- not sickness-related, but unauthorised
With this information, you should be able to take the appropriate action to improve workplace absence and sickness levels.
Reasons for employee absence
Reasons for unauthorised absence can be personal, eg due to domestic problems, or work-related, eg due to verbal abuse from customers or heavy workloads and, in turn, increased levels of stress.
Consider improving such conditions by:
- examining job design
- using temporary staff during busy periods
- developing policies and procedures to tackle anti-social behaviour against public-facing staff
- offering flexible working patterns, training and promotion opportunities, staff incentives, etc
- offering employees training on managing work-related stress
- offering managers training on managing stress in the workplace
Return-to-work interviews
Return-to-work interviews can be an effective way of collecting absence data. Carried out sensitively, they can help establish:
- if there is a hidden reason for a worker's absence, eg workplace bullying or domestic problems
- f they are fit to return to work
- whether there is any underlying medical condition
- the likelihood of any recurrence of the problem/illness
- if there is an absence problem
- whether any action is required and allow the employer to explain the consequences of any further absences
- if medical referral is necessary
- whether a disability exists
Keeping sickness and absence records
Prior to 6 April 2014 under regulation 7 (13) of Schedule 4 to the Social Security (Contributions) Regulations 2001, an employer had to keep wage records for all employees.
Regulation 13 of the SSP General Regulations 1982, as amended by Regulations 3 of the Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996, required an employer to keep sick absence records for each employee for each year.
With effect from 6 April 2014 regulation 13 was revoked and employers are no longer required to keep records of sickness absence.
Regulation 13A is still in force and an employer may be required to produce records to show statutory sick pay has been paid to their employees. See statutory sick pay forms and record-keeping.
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Employee absence as a capability issue
How an employee's illness can affect their ability to perform their job.
An employee may become incapable of doing their job to the required standard because they are genuinely affected by either of the following:
- long-term ill health related to an underlying medical condition and therefore they don't attend work for a long period of time
- frequent bouts of short-term sickness related to an underlying medical condition and they are therefore unable to attend work regularly
Addressing absence as a capability issue
In either of these circumstances, you should treat any absence as a capability issue and:
- deal with the situation sensitively
- investigate, measure, and monitor the employee's absence record
- consult them regularly to find out about their health and discuss ways of enabling them to remain in the workplace, or if on long-term sickness absence the likelihood of a return to work
- set time limits on assessing the situation and tell the employee
- let them know if their job is at risk, and why
- obtain medical reports - although you'll need their permission
- consider adjustments to their job to allow them to return to work and/or do their job more easily
- consider offering any other vacancy you may have which has duties that the employee may be fit to perform
To avoid an unfair dismissal claim, only dismiss as a last resort. Make sure you have followed fair and proper procedures, including statutory dismissal and disciplinary procedures. See dismissing employees.
Keep in mind the following:
- Check if the illness relates to a disability - if so, you may need to make reasonable adjustments so that the employee can carry out their job. For the definition of disability, see how to prevent discrimination and value diversity.
- Discount any periods of absence related to a pregnancy-related illness when taking action over someone's absence record. For the rights of pregnant employees, see pregnancy at work.
- An eligible employee may be entitled to statutory sick pay for up to 28 weeks - as well as any contractual sick pay. See pay: employer obligations.
Absence related to drugs and alcohol
Treat employees addicted to drugs or alcohol similarly to employees with any other serious illness. However, if an employee won't accept they have a problem or seek help, the issue may become one of unacceptable conduct.
Where the issue is purely one of conduct, ie the employee is not addicted to alcohol or drugs but their drug/alcohol consumption is leading to regular absence/lateness, you should consider subjecting them to your disciplinary procedure.
See workplace policies on smoking, drugs, and alcohol, and employee absence as a conduct issue.
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Employee absence as a conduct issue
How to manage an absence problem as a conduct issue where you may need to take disciplinary action.
Persistent short term absence due to illness, where there is no specific medical cause, should be dealt with as a conduct issue and you may wish to take disciplinary action.
Be aware though that sickness, domestic problems or travel difficulties leading to absence or lateness may not necessarily amount to misconduct. Absences relating to an underlying medical condition should be dealt with as a capability issue. Additionally, if the sickness is pregnancy related, you must not take disciplinary action. See employee absence as a capability issue.
Investigations before taking disciplinary action
Prior to taking disciplinary action, you should:
- review the employee's attendance record
- meet with the employee to discuss and review their overall attendance record
If there is no reasonable explanation for the absence you may decide to take disciplinary action.
Prior to taking disciplinary action, you could:
- caution employees that it is a requirement to comply with your absence and sickness policy/procedures and this would include ensuring they phone in at or by a given time each day
- ensure line managers follow up on any unexplained absence
Where employees are finding it difficult to manage home and work responsibilities, consider introducing flexible working arrangements.
Note that eligible employees have the right to request flexible working.
You must consider such requests seriously - see flexible working: the law and best practice.
Taking disciplinary action
The employee should be given an opportunity to improve. Usually warnings, both oral and written, are sufficient.
If the situation does not improve, you may have to consider dismissal, but only as a last resort and after following proper and fair procedures, including statutory dismissal and disciplinary procedures. See disciplinary procedures, hearings, and appeals.
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Employee absence due to conflict at work
How to manage staff who are absent because of disputes or other conflicts in the workplace.
An employee may be absent because of a conflict at work. This absence could either be in the form of sick leave or unauthorised and unexplained. With any type of absence, the employee may telephone you to explain what has caused it, or you may have to call the employee instead.
Resolving conflict at work
If you find out that an employee's absence is being caused by a conflict at work, you need to take steps to resolve it.
You may wish to use mediation as a way of resolving the problem. Mediation is a process whereby an independent third party intervenes in a workplace dispute to assist the parties to reach a satisfactory outcome. Mediation is especially suitable when used at the early stages of a problem at work and can be used in any dispute, but is particularly useful in relationship issues. The Labour Relations Agency (LRA) provides a free mediation service.
However, the employee might just tell you that they are affected by depression or stress. If so, you should try to find out - if it's not immediately clear - the underlying cause to determine whether it's work-related.
With unauthorised absence, the employee may be reluctant to tell you why they are absent, ie they might either avoid giving you an explanation or give you an explanation that you find unconvincing. In either case, you should arrange a return-to-work interview with the employee to find out the underlying cause of their absence.
If the employee continues to take periods of unauthorised absence, you may treat it as a conduct issue and apply your disciplinary procedure (which should as a minimum comply with the statutory dismissal and disciplinary procedures). You may find that, during a disciplinary hearing, the employee raises a grievance relating to a conflict at work that has ultimately led to their absence. If this happens, you should consider suspending the disciplinary process for a short period in order to deal with the grievance. However, if the grievance constitutes the employee's defence to the disciplinary issue, you may find it convenient to deal with both issues concurrently.
See disciplinary procedures, hearings, and appeals and handling grievances.
Return-to-work interviews
Whenever an employee returns to work after a period of sickness absence, you should hold a return-to-work interview with them.
As part of the discussion, you can:
- welcome the employee back
- check they are well enough to be at work
- update them on any news while they were absent
- ask them about the cause of their absence
You may find that they were absent because of a conflict at work. For example:
- they have an ongoing disagreement with a peer or their manager
- they are being bullied or harassed by a colleague, client or customer
- before their absence, you had called them to a meeting on an unrelated disciplinary matter, eg to discuss their performance or conduct
- there is a dispute between groups of workers
- there is a dispute between a group of workers and management over, for example, pay or conditions, which may have already led - or may lead in future - to industrial action
If so, you need to take steps to deal with the conflict. See managing conflict.
If you are already aware that the absence was caused by a conflict at work, you should inform the employee about the steps that you have taken or plan to take to resolve it. They should also have a clear understanding of what may happen if they continue to be absent from work.
Continuing absence during a disciplinary procedure
If you think an employee's continuing absence is itself due to a forthcoming disciplinary hearing and, as a result, they fail to attend it, you should:
- rearrange the date of the meeting
- consider seeking medical advice on an employee's fitness to attend a disciplinary hearing
- warn the employee that, if they fail to attend again without good reason, you could make your decision on the matter in their absence
If the employee repeatedly fails to attend rearranged disciplinary hearings, you need to consider all the facts and come to a reasonable decision on how to proceed.
Considerations may include:
- any rules you have for dealing with failure to attend disciplinary meetings
- the seriousness of the disciplinary issue under consideration
- the employee's disciplinary record (including current warnings), general work record, work experience, position and length of service
- medical opinion on whether the employee is fit to attend the meeting
- how you have dealt with similar cases in the past
- the explanations and reasons for non-attendance given by the employee
However, eventually you will be entitled to reach your disciplinary decision in their absence, whether it's a warning, action short of dismissal such as demotion, or even dismissal itself.
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Employee absence due to bad weather
Flexible working and other issues you may have to tackle during bad weather.
Bad weather - particularly heavy snow - and the resulting transport problems can lead to a large number of employees being absent from or late for work.
To reduce the impact of bad weather, you should plan ahead. For example, think about issues such as alternative working patterns or who can cover at short notice.
It's also a good idea to include a section on bad weather in your absence policy so that you and your staff know what to do when these situations arise.
Remote working
It's worth considering a more flexible approach to matters such as location - you could allow employees to work from home/remotely if, for example, all or most of their work is done using a computer with an internet connection.
Alternatively you could agree with the employee that they start and finish at a later time, or that they take a day's holiday or perhaps any accrued time off in lieu.
In addition, information technology could be useful in enabling a business to run effectively if many employees are absent from work, for example using laptops or smartphones to work remotely. See remote access security best practice.
Pay issues
You do not have to pay an employee if, because of bad weather:
- they are unable to get to work
- they are late for work (unless the travel itself is part of their working time or - in some situations - where you provide the transport)
However, you may have to pay an employee if:
- the right to payment is set out in their employment contract or a collective agreement
- it's become custom and practice for you to do so in these circumstances
Finally, providing you do not discriminate, you might, even without obligation, choose to pay for a short lateness absence, making it clear it is not a precedent. Such a consideration can engender staff goodwill.
Dealing with absence issues fairly
Even if your business is damaged by the effects of absent workers, make sure that any disciplinary action you take is carried out according to proper and fair procedure.
This will help maintain good, fair, and consistent employment relations and help prevent complaints to industrial tribunals. See disciplinary procedures, hearings, and appeals.
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Managing absence and sickness: five things you should know
Top tips to help employers effectively manage unexpected workplace absence.
As an employer, you should ensure you have appropriate systems in place to manage unexpected staff absences. These absences can affect productivity and profits and can even lower morale and motivation.
Top tips to manage workplace sickness and absences
The following top tips will help you to better manage unexpected absences in your business.
1. Understand the reasons for employee absence
It's important to be aware of potential factors contributing to the absence levels in your business. Reasons for absence could be personal or work-related. Some common reasons include unsafe work practices; heavy workloads; family problems; abuse from customers; conflict at work; ill health; drug or alcohol dependency; and bad weather. See how to manage absence and sickness.
2. Put effective policies and procedures in place
You can improve the impact of absences by putting effective policies and procedures in place and applying these fairly and consistently. These should be backed up by agreeable working conditions, good management, and a focus on staff motivation. Having an absence and sickness policy brings clear business benefits including lower insurance costs, higher rates of staff retention, and improved productivity. Having set procedures in place can also help you to prevent small problems from developing into larger ones, measure and monitor absence and identify underlying problems. Read about the benefits of having an absence and sickness policy.
3. Spend time developing your absence and sickness policy
You should develop your absence and sickness policy and procedures in consultation with line managers and workplace representatives. Your policy could include: when time off is permitted; how and when the worker should notify you of absence; when a worker should submit a medical statement or fit note from their healthcare professional; statutory sick pay arrangements; consequences of not complying with the policy; and responsibility for keeping attendance records. Absence and sickness policies: what to include.
4. Prepare for and manage unexpected absences
You should adhere to your absence and sickness policy and procedures when an instance of unexpected absence occurs. There are also a number of steps you should take to prepare for such an event: accurately record and monitor absence; train managers on how to handle absence; provide special equipment if appropriate; and set targets for absence levels. You should also conduct return-to-work interviews after absences, interviewing sensitively to assess if there are any underlying causes. You could also develop other initiatives to encourage good attendance such as the introduction of flexible working or introducing counselling and healthcare packages. Manage workplace absence and sickness.
5. Measure and monitor absence in your business
Monitoring absence in your business allows you to find out how much working time has been lost, where the absence occurs most, how often individual workers are absent, and whether there is a pattern of absence. With this information, you should be able to take the appropriate action to improve the situation. See measure and monitor absence and sickness. Not least, measuring and monitoring absences might reveal annual patterns of stress points which can help you prepare for and manage absences to a degree eg restrict (within contract limits) leave at such times.
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Manage absence and sickness
Managing sickness absence - MindWise (video)
In this video case study, MindWise and the Equality Commission, explain the importance of having a workplace sickness absence policy.
MindWise is a Northern Ireland charity that works to support those at risk of and affected by, severe mental illness and mental health difficulties.
MindWise has a low sickness absence among its staff. Anne Doherty, Deputy Chief Executive, explains how the organisation achieves and maintains this success rate. This includes having the right policies and procedures, alongside creating a culture where there are workplace initiatives, to promote a healthy environment for all staff. The charity specifically encourages WRAP (Wellness Recovery Action Planning) as a method to support positive mental health and wellbeing.
MindWise works closely with the Equality Commission. In this video, Una Wilson from the Equality Commission also highlights the challenges that Northern Ireland businesses face when managing sickness absence and the local support that is available to assist.
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Absence and sickness policies: what to include
In this guide:
- Manage absence and sickness
- Benefits of an absence and sickness policy
- Absence and sickness policies: what to include
- Manage workplace absence and sickness
- Measure and monitor absence and sickness
- Employee absence as a capability issue
- Employee absence as a conduct issue
- Employee absence due to conflict at work
- Employee absence due to bad weather
- Managing absence and sickness: five things you should know
- Managing sickness absence - MindWise (video)
Benefits of an absence and sickness policy
Productivity, morale, and staff retention can be improved with clear workplace policies on absence and sickness.
Having an absence and sickness policy can bring clear business benefits including:
- lower insurance costs
- higher rates of staff retention and motivation
- improved productivity, profitability and morale
You may also find that the reputation of your business is improved and that this, in turn, aids employee recruitment.
Management benefits of having an absence and sickness policy
From a management point of view, having an absence and sickness policy can help you to:
- prevent small problems from developing into larger ones
- measure and monitor employee absence - see measure and monitor absence and sickness
- identify and tackle underlying problems, such as workload demands, poor working conditions, work-life balance issues, conflict at work, or lack of adequate training/career development
Monitoring reasons for unexpected absences is just one of the ways of managing staff health and wellbeing and how you can control staff turnover.
You may find that monitoring reasons for absences makes it easier for you to identify and deal with different types of absences appropriately.
See employee absence as a capability issue and employee absence as a conduct issue.
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Absence and sickness policies: what to include
An overview of what to include in workplace absence and sickness policies.
You should develop your absence and sickness policy/procedures in consultation with line managers and workplace representatives.
What should my absence and sickness policy include?
An absence and sickness policy could include the following:
- When time off might or must be permitted, eg jury service leave and time off for emergencies involving dependants. See allowing time off work.
- How the worker should notify you if they are ill, going to be late for work, or absent for other unexpected reasons, eg because a dependant has had an accident or fallen ill. It might be helpful to clarify the circumstances when dependants leave would typically be applicable, such as where the reason for absence relates to an emergency situation or unexpected disruption. See parental leave and time off for dependants.
- When they should submit a medical statement, known as a fit note, from their healthcare professional or self-certify their illness and the implications of failure to provide appropriate certification. Note that under statutory sick pay rules, self-certification is only required from the fourth day, and a medical statement from the eighth day, of an absence. See manage workplace absence and sickness.
- Details of any methods used to measure absence eg Bradford Factor.
- An indication of what is deemed unacceptable levels of absence and trigger points for taking action to review.
- Statutory - and any contractual - sick pay arrangements. This should also be covered in each employee's written statement of employment particulars.
- The circumstances when absences will be dealt with as a capability issue and the circumstances when absences will be dealt with as a conduct issue.
- Possible procedures for using the employer's own doctor/medical adviser or the procedure for seeking an employee's consent to obtain a medical report from their GP/medical practitioner.
- If applicable, the need to attend a return-to-work interview
- Consequences of not complying with the policy, eg when disciplinary measures will be taken.
- Identifies who is responsible for keeping attendance records.
- Reference to any other relevant policies, eg alcohol/drug misuse, health and safety, discipline and grievance, annual leave, maternity/adoption/paternity/parental leave. See staff documents and employment policies.
You may also want to include the following points:
- If you have good reason to believe an employee is abusing the system, you may begin disciplinary action against them.
- While you will treat those who fall ill sympathetically, excessive sickness can result in dismissal. For information on dealing with employee illness fairly, see employee absence as a capability issue.
Supporting staff with long-term sickness
There are other options you may want to consider, including:
- offering a counselling service (or arranging a referral to specialist assistance)
- setting up rehabilitation programmes for long-term sickness
- a referral to an occupational health service that can provide useful information regarding staff on long-term sickness absence and support their return to work
- appointing an absence case manager
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Manage workplace absence and sickness
An overview of the basic principles of managing absence and sickness effectively.
There are a number of steps you should take to manage unexpected workplace absence and sickness effectively:
- Produce clear written procedures for reporting absence. See absence and sickness policies: what to include.
- Accurately record and monitor absence. See measure and monitor absence and sickness.
- Train managers on how to handle absence.
- Set targets for absence levels.
- Conduct return-to-work interviews after absences, interviewing sensitively to find out if there are underlying causes.
- Provide special equipment if appropriate, eg specialist chairs or chair aids for employees with back problems. Find out about the help available to employers from the Health and Work Support Branch.
- Develop other initiatives to encourage good attendance, eg improvement of working conditions, the introduction of flexible working, provision of counselling and healthcare facilities.
Statement of fitness for work or the fit note
A statement of fitness for work, also known as a fit note is a medical statement that healthcare professionals issue to patients whose health condition affects their ability to work.
Fit note change from 1 July 2022
Since 1 July 2022, other healthcare professionals in addition to doctors are able to sign a fit note. This includes registered nurses, physiotherapists, occupational therapists, and pharmacists. See fit note changes come into effect from 1 July 2022.
A healthcare professional may only issue a fit note after seven calendar days of sickness absence. For sickness absences of seven calendar days or fewer, employees can self-certify.
A statement of fitness for work allows a healthcare professional to advise either that the patient is unfit for work or that they may be fit for work if appropriate support is available eg a phased return to work, altered hours, amended duties, or workplace adaptations.
In the latter case, the healthcare professional may also comment on the functional effects of the patient's health condition and, if appropriate, what changes you, as the patient's employer, could make - in agreement with the employee - to help them get back to work as part of their recovery.
While you don't have to act on the healthcare professional's advice, the statement may help you make simple and practical workplace adjustments to help your staff return to work and reduce unnecessary sickness absences.
Regardless of what a statement says, you must still make reasonable adjustments for disabled employees under the disability provisions in the Disability Discrimination Act 1995.
The Chartered Institute of Personnel and Development (CIPD) has a number of guides, factsheets and Q&As on absence management.
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Measure and monitor absence and sickness
How to measure and record absence and sickness in your workplace.
Setting up procedures for measuring absence and sickness in the workplace allows you to identify:
- how much working time has been lost
- where absence occurs the most, eg among particular types of worker or department
- how often individual workers are absent
- whether there is a pattern of absence, eg where a worker regularly calls in sick on a Friday
- sickness absence reasons
It will also show whether the absence is:
- due to short-term sickness and certificated
- due to short-term sickness and uncertificated
- due to long-term sickness
- not sickness-related and authorised
- not sickness-related, but unauthorised
With this information, you should be able to take the appropriate action to improve workplace absence and sickness levels.
Reasons for employee absence
Reasons for unauthorised absence can be personal, eg due to domestic problems, or work-related, eg due to verbal abuse from customers or heavy workloads and, in turn, increased levels of stress.
Consider improving such conditions by:
- examining job design
- using temporary staff during busy periods
- developing policies and procedures to tackle anti-social behaviour against public-facing staff
- offering flexible working patterns, training and promotion opportunities, staff incentives, etc
- offering employees training on managing work-related stress
- offering managers training on managing stress in the workplace
Return-to-work interviews
Return-to-work interviews can be an effective way of collecting absence data. Carried out sensitively, they can help establish:
- if there is a hidden reason for a worker's absence, eg workplace bullying or domestic problems
- f they are fit to return to work
- whether there is any underlying medical condition
- the likelihood of any recurrence of the problem/illness
- if there is an absence problem
- whether any action is required and allow the employer to explain the consequences of any further absences
- if medical referral is necessary
- whether a disability exists
Keeping sickness and absence records
Prior to 6 April 2014 under regulation 7 (13) of Schedule 4 to the Social Security (Contributions) Regulations 2001, an employer had to keep wage records for all employees.
Regulation 13 of the SSP General Regulations 1982, as amended by Regulations 3 of the Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996, required an employer to keep sick absence records for each employee for each year.
With effect from 6 April 2014 regulation 13 was revoked and employers are no longer required to keep records of sickness absence.
Regulation 13A is still in force and an employer may be required to produce records to show statutory sick pay has been paid to their employees. See statutory sick pay forms and record-keeping.
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Employee absence as a capability issue
How an employee's illness can affect their ability to perform their job.
An employee may become incapable of doing their job to the required standard because they are genuinely affected by either of the following:
- long-term ill health related to an underlying medical condition and therefore they don't attend work for a long period of time
- frequent bouts of short-term sickness related to an underlying medical condition and they are therefore unable to attend work regularly
Addressing absence as a capability issue
In either of these circumstances, you should treat any absence as a capability issue and:
- deal with the situation sensitively
- investigate, measure, and monitor the employee's absence record
- consult them regularly to find out about their health and discuss ways of enabling them to remain in the workplace, or if on long-term sickness absence the likelihood of a return to work
- set time limits on assessing the situation and tell the employee
- let them know if their job is at risk, and why
- obtain medical reports - although you'll need their permission
- consider adjustments to their job to allow them to return to work and/or do their job more easily
- consider offering any other vacancy you may have which has duties that the employee may be fit to perform
To avoid an unfair dismissal claim, only dismiss as a last resort. Make sure you have followed fair and proper procedures, including statutory dismissal and disciplinary procedures. See dismissing employees.
Keep in mind the following:
- Check if the illness relates to a disability - if so, you may need to make reasonable adjustments so that the employee can carry out their job. For the definition of disability, see how to prevent discrimination and value diversity.
- Discount any periods of absence related to a pregnancy-related illness when taking action over someone's absence record. For the rights of pregnant employees, see pregnancy at work.
- An eligible employee may be entitled to statutory sick pay for up to 28 weeks - as well as any contractual sick pay. See pay: employer obligations.
Absence related to drugs and alcohol
Treat employees addicted to drugs or alcohol similarly to employees with any other serious illness. However, if an employee won't accept they have a problem or seek help, the issue may become one of unacceptable conduct.
Where the issue is purely one of conduct, ie the employee is not addicted to alcohol or drugs but their drug/alcohol consumption is leading to regular absence/lateness, you should consider subjecting them to your disciplinary procedure.
See workplace policies on smoking, drugs, and alcohol, and employee absence as a conduct issue.
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Employee absence as a conduct issue
How to manage an absence problem as a conduct issue where you may need to take disciplinary action.
Persistent short term absence due to illness, where there is no specific medical cause, should be dealt with as a conduct issue and you may wish to take disciplinary action.
Be aware though that sickness, domestic problems or travel difficulties leading to absence or lateness may not necessarily amount to misconduct. Absences relating to an underlying medical condition should be dealt with as a capability issue. Additionally, if the sickness is pregnancy related, you must not take disciplinary action. See employee absence as a capability issue.
Investigations before taking disciplinary action
Prior to taking disciplinary action, you should:
- review the employee's attendance record
- meet with the employee to discuss and review their overall attendance record
If there is no reasonable explanation for the absence you may decide to take disciplinary action.
Prior to taking disciplinary action, you could:
- caution employees that it is a requirement to comply with your absence and sickness policy/procedures and this would include ensuring they phone in at or by a given time each day
- ensure line managers follow up on any unexplained absence
Where employees are finding it difficult to manage home and work responsibilities, consider introducing flexible working arrangements.
Note that eligible employees have the right to request flexible working.
You must consider such requests seriously - see flexible working: the law and best practice.
Taking disciplinary action
The employee should be given an opportunity to improve. Usually warnings, both oral and written, are sufficient.
If the situation does not improve, you may have to consider dismissal, but only as a last resort and after following proper and fair procedures, including statutory dismissal and disciplinary procedures. See disciplinary procedures, hearings, and appeals.
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Employee absence due to conflict at work
How to manage staff who are absent because of disputes or other conflicts in the workplace.
An employee may be absent because of a conflict at work. This absence could either be in the form of sick leave or unauthorised and unexplained. With any type of absence, the employee may telephone you to explain what has caused it, or you may have to call the employee instead.
Resolving conflict at work
If you find out that an employee's absence is being caused by a conflict at work, you need to take steps to resolve it.
You may wish to use mediation as a way of resolving the problem. Mediation is a process whereby an independent third party intervenes in a workplace dispute to assist the parties to reach a satisfactory outcome. Mediation is especially suitable when used at the early stages of a problem at work and can be used in any dispute, but is particularly useful in relationship issues. The Labour Relations Agency (LRA) provides a free mediation service.
However, the employee might just tell you that they are affected by depression or stress. If so, you should try to find out - if it's not immediately clear - the underlying cause to determine whether it's work-related.
With unauthorised absence, the employee may be reluctant to tell you why they are absent, ie they might either avoid giving you an explanation or give you an explanation that you find unconvincing. In either case, you should arrange a return-to-work interview with the employee to find out the underlying cause of their absence.
If the employee continues to take periods of unauthorised absence, you may treat it as a conduct issue and apply your disciplinary procedure (which should as a minimum comply with the statutory dismissal and disciplinary procedures). You may find that, during a disciplinary hearing, the employee raises a grievance relating to a conflict at work that has ultimately led to their absence. If this happens, you should consider suspending the disciplinary process for a short period in order to deal with the grievance. However, if the grievance constitutes the employee's defence to the disciplinary issue, you may find it convenient to deal with both issues concurrently.
See disciplinary procedures, hearings, and appeals and handling grievances.
Return-to-work interviews
Whenever an employee returns to work after a period of sickness absence, you should hold a return-to-work interview with them.
As part of the discussion, you can:
- welcome the employee back
- check they are well enough to be at work
- update them on any news while they were absent
- ask them about the cause of their absence
You may find that they were absent because of a conflict at work. For example:
- they have an ongoing disagreement with a peer or their manager
- they are being bullied or harassed by a colleague, client or customer
- before their absence, you had called them to a meeting on an unrelated disciplinary matter, eg to discuss their performance or conduct
- there is a dispute between groups of workers
- there is a dispute between a group of workers and management over, for example, pay or conditions, which may have already led - or may lead in future - to industrial action
If so, you need to take steps to deal with the conflict. See managing conflict.
If you are already aware that the absence was caused by a conflict at work, you should inform the employee about the steps that you have taken or plan to take to resolve it. They should also have a clear understanding of what may happen if they continue to be absent from work.
Continuing absence during a disciplinary procedure
If you think an employee's continuing absence is itself due to a forthcoming disciplinary hearing and, as a result, they fail to attend it, you should:
- rearrange the date of the meeting
- consider seeking medical advice on an employee's fitness to attend a disciplinary hearing
- warn the employee that, if they fail to attend again without good reason, you could make your decision on the matter in their absence
If the employee repeatedly fails to attend rearranged disciplinary hearings, you need to consider all the facts and come to a reasonable decision on how to proceed.
Considerations may include:
- any rules you have for dealing with failure to attend disciplinary meetings
- the seriousness of the disciplinary issue under consideration
- the employee's disciplinary record (including current warnings), general work record, work experience, position and length of service
- medical opinion on whether the employee is fit to attend the meeting
- how you have dealt with similar cases in the past
- the explanations and reasons for non-attendance given by the employee
However, eventually you will be entitled to reach your disciplinary decision in their absence, whether it's a warning, action short of dismissal such as demotion, or even dismissal itself.
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Employee absence due to bad weather
Flexible working and other issues you may have to tackle during bad weather.
Bad weather - particularly heavy snow - and the resulting transport problems can lead to a large number of employees being absent from or late for work.
To reduce the impact of bad weather, you should plan ahead. For example, think about issues such as alternative working patterns or who can cover at short notice.
It's also a good idea to include a section on bad weather in your absence policy so that you and your staff know what to do when these situations arise.
Remote working
It's worth considering a more flexible approach to matters such as location - you could allow employees to work from home/remotely if, for example, all or most of their work is done using a computer with an internet connection.
Alternatively you could agree with the employee that they start and finish at a later time, or that they take a day's holiday or perhaps any accrued time off in lieu.
In addition, information technology could be useful in enabling a business to run effectively if many employees are absent from work, for example using laptops or smartphones to work remotely. See remote access security best practice.
Pay issues
You do not have to pay an employee if, because of bad weather:
- they are unable to get to work
- they are late for work (unless the travel itself is part of their working time or - in some situations - where you provide the transport)
However, you may have to pay an employee if:
- the right to payment is set out in their employment contract or a collective agreement
- it's become custom and practice for you to do so in these circumstances
Finally, providing you do not discriminate, you might, even without obligation, choose to pay for a short lateness absence, making it clear it is not a precedent. Such a consideration can engender staff goodwill.
Dealing with absence issues fairly
Even if your business is damaged by the effects of absent workers, make sure that any disciplinary action you take is carried out according to proper and fair procedure.
This will help maintain good, fair, and consistent employment relations and help prevent complaints to industrial tribunals. See disciplinary procedures, hearings, and appeals.
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Managing absence and sickness: five things you should know
Top tips to help employers effectively manage unexpected workplace absence.
As an employer, you should ensure you have appropriate systems in place to manage unexpected staff absences. These absences can affect productivity and profits and can even lower morale and motivation.
Top tips to manage workplace sickness and absences
The following top tips will help you to better manage unexpected absences in your business.
1. Understand the reasons for employee absence
It's important to be aware of potential factors contributing to the absence levels in your business. Reasons for absence could be personal or work-related. Some common reasons include unsafe work practices; heavy workloads; family problems; abuse from customers; conflict at work; ill health; drug or alcohol dependency; and bad weather. See how to manage absence and sickness.
2. Put effective policies and procedures in place
You can improve the impact of absences by putting effective policies and procedures in place and applying these fairly and consistently. These should be backed up by agreeable working conditions, good management, and a focus on staff motivation. Having an absence and sickness policy brings clear business benefits including lower insurance costs, higher rates of staff retention, and improved productivity. Having set procedures in place can also help you to prevent small problems from developing into larger ones, measure and monitor absence and identify underlying problems. Read about the benefits of having an absence and sickness policy.
3. Spend time developing your absence and sickness policy
You should develop your absence and sickness policy and procedures in consultation with line managers and workplace representatives. Your policy could include: when time off is permitted; how and when the worker should notify you of absence; when a worker should submit a medical statement or fit note from their healthcare professional; statutory sick pay arrangements; consequences of not complying with the policy; and responsibility for keeping attendance records. Absence and sickness policies: what to include.
4. Prepare for and manage unexpected absences
You should adhere to your absence and sickness policy and procedures when an instance of unexpected absence occurs. There are also a number of steps you should take to prepare for such an event: accurately record and monitor absence; train managers on how to handle absence; provide special equipment if appropriate; and set targets for absence levels. You should also conduct return-to-work interviews after absences, interviewing sensitively to assess if there are any underlying causes. You could also develop other initiatives to encourage good attendance such as the introduction of flexible working or introducing counselling and healthcare packages. Manage workplace absence and sickness.
5. Measure and monitor absence in your business
Monitoring absence in your business allows you to find out how much working time has been lost, where the absence occurs most, how often individual workers are absent, and whether there is a pattern of absence. With this information, you should be able to take the appropriate action to improve the situation. See measure and monitor absence and sickness. Not least, measuring and monitoring absences might reveal annual patterns of stress points which can help you prepare for and manage absences to a degree eg restrict (within contract limits) leave at such times.
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Manage absence and sickness
Managing sickness absence - MindWise (video)
In this video case study, MindWise and the Equality Commission, explain the importance of having a workplace sickness absence policy.
MindWise is a Northern Ireland charity that works to support those at risk of and affected by, severe mental illness and mental health difficulties.
MindWise has a low sickness absence among its staff. Anne Doherty, Deputy Chief Executive, explains how the organisation achieves and maintains this success rate. This includes having the right policies and procedures, alongside creating a culture where there are workplace initiatives, to promote a healthy environment for all staff. The charity specifically encourages WRAP (Wellness Recovery Action Planning) as a method to support positive mental health and wellbeing.
MindWise works closely with the Equality Commission. In this video, Una Wilson from the Equality Commission also highlights the challenges that Northern Ireland businesses face when managing sickness absence and the local support that is available to assist.
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Measure and monitor absence and sickness
In this guide:
- Manage absence and sickness
- Benefits of an absence and sickness policy
- Absence and sickness policies: what to include
- Manage workplace absence and sickness
- Measure and monitor absence and sickness
- Employee absence as a capability issue
- Employee absence as a conduct issue
- Employee absence due to conflict at work
- Employee absence due to bad weather
- Managing absence and sickness: five things you should know
- Managing sickness absence - MindWise (video)
Benefits of an absence and sickness policy
Productivity, morale, and staff retention can be improved with clear workplace policies on absence and sickness.
Having an absence and sickness policy can bring clear business benefits including:
- lower insurance costs
- higher rates of staff retention and motivation
- improved productivity, profitability and morale
You may also find that the reputation of your business is improved and that this, in turn, aids employee recruitment.
Management benefits of having an absence and sickness policy
From a management point of view, having an absence and sickness policy can help you to:
- prevent small problems from developing into larger ones
- measure and monitor employee absence - see measure and monitor absence and sickness
- identify and tackle underlying problems, such as workload demands, poor working conditions, work-life balance issues, conflict at work, or lack of adequate training/career development
Monitoring reasons for unexpected absences is just one of the ways of managing staff health and wellbeing and how you can control staff turnover.
You may find that monitoring reasons for absences makes it easier for you to identify and deal with different types of absences appropriately.
See employee absence as a capability issue and employee absence as a conduct issue.
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Absence and sickness policies: what to include
An overview of what to include in workplace absence and sickness policies.
You should develop your absence and sickness policy/procedures in consultation with line managers and workplace representatives.
What should my absence and sickness policy include?
An absence and sickness policy could include the following:
- When time off might or must be permitted, eg jury service leave and time off for emergencies involving dependants. See allowing time off work.
- How the worker should notify you if they are ill, going to be late for work, or absent for other unexpected reasons, eg because a dependant has had an accident or fallen ill. It might be helpful to clarify the circumstances when dependants leave would typically be applicable, such as where the reason for absence relates to an emergency situation or unexpected disruption. See parental leave and time off for dependants.
- When they should submit a medical statement, known as a fit note, from their healthcare professional or self-certify their illness and the implications of failure to provide appropriate certification. Note that under statutory sick pay rules, self-certification is only required from the fourth day, and a medical statement from the eighth day, of an absence. See manage workplace absence and sickness.
- Details of any methods used to measure absence eg Bradford Factor.
- An indication of what is deemed unacceptable levels of absence and trigger points for taking action to review.
- Statutory - and any contractual - sick pay arrangements. This should also be covered in each employee's written statement of employment particulars.
- The circumstances when absences will be dealt with as a capability issue and the circumstances when absences will be dealt with as a conduct issue.
- Possible procedures for using the employer's own doctor/medical adviser or the procedure for seeking an employee's consent to obtain a medical report from their GP/medical practitioner.
- If applicable, the need to attend a return-to-work interview
- Consequences of not complying with the policy, eg when disciplinary measures will be taken.
- Identifies who is responsible for keeping attendance records.
- Reference to any other relevant policies, eg alcohol/drug misuse, health and safety, discipline and grievance, annual leave, maternity/adoption/paternity/parental leave. See staff documents and employment policies.
You may also want to include the following points:
- If you have good reason to believe an employee is abusing the system, you may begin disciplinary action against them.
- While you will treat those who fall ill sympathetically, excessive sickness can result in dismissal. For information on dealing with employee illness fairly, see employee absence as a capability issue.
Supporting staff with long-term sickness
There are other options you may want to consider, including:
- offering a counselling service (or arranging a referral to specialist assistance)
- setting up rehabilitation programmes for long-term sickness
- a referral to an occupational health service that can provide useful information regarding staff on long-term sickness absence and support their return to work
- appointing an absence case manager
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Manage workplace absence and sickness
An overview of the basic principles of managing absence and sickness effectively.
There are a number of steps you should take to manage unexpected workplace absence and sickness effectively:
- Produce clear written procedures for reporting absence. See absence and sickness policies: what to include.
- Accurately record and monitor absence. See measure and monitor absence and sickness.
- Train managers on how to handle absence.
- Set targets for absence levels.
- Conduct return-to-work interviews after absences, interviewing sensitively to find out if there are underlying causes.
- Provide special equipment if appropriate, eg specialist chairs or chair aids for employees with back problems. Find out about the help available to employers from the Health and Work Support Branch.
- Develop other initiatives to encourage good attendance, eg improvement of working conditions, the introduction of flexible working, provision of counselling and healthcare facilities.
Statement of fitness for work or the fit note
A statement of fitness for work, also known as a fit note is a medical statement that healthcare professionals issue to patients whose health condition affects their ability to work.
Fit note change from 1 July 2022
Since 1 July 2022, other healthcare professionals in addition to doctors are able to sign a fit note. This includes registered nurses, physiotherapists, occupational therapists, and pharmacists. See fit note changes come into effect from 1 July 2022.
A healthcare professional may only issue a fit note after seven calendar days of sickness absence. For sickness absences of seven calendar days or fewer, employees can self-certify.
A statement of fitness for work allows a healthcare professional to advise either that the patient is unfit for work or that they may be fit for work if appropriate support is available eg a phased return to work, altered hours, amended duties, or workplace adaptations.
In the latter case, the healthcare professional may also comment on the functional effects of the patient's health condition and, if appropriate, what changes you, as the patient's employer, could make - in agreement with the employee - to help them get back to work as part of their recovery.
While you don't have to act on the healthcare professional's advice, the statement may help you make simple and practical workplace adjustments to help your staff return to work and reduce unnecessary sickness absences.
Regardless of what a statement says, you must still make reasonable adjustments for disabled employees under the disability provisions in the Disability Discrimination Act 1995.
The Chartered Institute of Personnel and Development (CIPD) has a number of guides, factsheets and Q&As on absence management.
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Measure and monitor absence and sickness
How to measure and record absence and sickness in your workplace.
Setting up procedures for measuring absence and sickness in the workplace allows you to identify:
- how much working time has been lost
- where absence occurs the most, eg among particular types of worker or department
- how often individual workers are absent
- whether there is a pattern of absence, eg where a worker regularly calls in sick on a Friday
- sickness absence reasons
It will also show whether the absence is:
- due to short-term sickness and certificated
- due to short-term sickness and uncertificated
- due to long-term sickness
- not sickness-related and authorised
- not sickness-related, but unauthorised
With this information, you should be able to take the appropriate action to improve workplace absence and sickness levels.
Reasons for employee absence
Reasons for unauthorised absence can be personal, eg due to domestic problems, or work-related, eg due to verbal abuse from customers or heavy workloads and, in turn, increased levels of stress.
Consider improving such conditions by:
- examining job design
- using temporary staff during busy periods
- developing policies and procedures to tackle anti-social behaviour against public-facing staff
- offering flexible working patterns, training and promotion opportunities, staff incentives, etc
- offering employees training on managing work-related stress
- offering managers training on managing stress in the workplace
Return-to-work interviews
Return-to-work interviews can be an effective way of collecting absence data. Carried out sensitively, they can help establish:
- if there is a hidden reason for a worker's absence, eg workplace bullying or domestic problems
- f they are fit to return to work
- whether there is any underlying medical condition
- the likelihood of any recurrence of the problem/illness
- if there is an absence problem
- whether any action is required and allow the employer to explain the consequences of any further absences
- if medical referral is necessary
- whether a disability exists
Keeping sickness and absence records
Prior to 6 April 2014 under regulation 7 (13) of Schedule 4 to the Social Security (Contributions) Regulations 2001, an employer had to keep wage records for all employees.
Regulation 13 of the SSP General Regulations 1982, as amended by Regulations 3 of the Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996, required an employer to keep sick absence records for each employee for each year.
With effect from 6 April 2014 regulation 13 was revoked and employers are no longer required to keep records of sickness absence.
Regulation 13A is still in force and an employer may be required to produce records to show statutory sick pay has been paid to their employees. See statutory sick pay forms and record-keeping.
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Employee absence as a capability issue
How an employee's illness can affect their ability to perform their job.
An employee may become incapable of doing their job to the required standard because they are genuinely affected by either of the following:
- long-term ill health related to an underlying medical condition and therefore they don't attend work for a long period of time
- frequent bouts of short-term sickness related to an underlying medical condition and they are therefore unable to attend work regularly
Addressing absence as a capability issue
In either of these circumstances, you should treat any absence as a capability issue and:
- deal with the situation sensitively
- investigate, measure, and monitor the employee's absence record
- consult them regularly to find out about their health and discuss ways of enabling them to remain in the workplace, or if on long-term sickness absence the likelihood of a return to work
- set time limits on assessing the situation and tell the employee
- let them know if their job is at risk, and why
- obtain medical reports - although you'll need their permission
- consider adjustments to their job to allow them to return to work and/or do their job more easily
- consider offering any other vacancy you may have which has duties that the employee may be fit to perform
To avoid an unfair dismissal claim, only dismiss as a last resort. Make sure you have followed fair and proper procedures, including statutory dismissal and disciplinary procedures. See dismissing employees.
Keep in mind the following:
- Check if the illness relates to a disability - if so, you may need to make reasonable adjustments so that the employee can carry out their job. For the definition of disability, see how to prevent discrimination and value diversity.
- Discount any periods of absence related to a pregnancy-related illness when taking action over someone's absence record. For the rights of pregnant employees, see pregnancy at work.
- An eligible employee may be entitled to statutory sick pay for up to 28 weeks - as well as any contractual sick pay. See pay: employer obligations.
Absence related to drugs and alcohol
Treat employees addicted to drugs or alcohol similarly to employees with any other serious illness. However, if an employee won't accept they have a problem or seek help, the issue may become one of unacceptable conduct.
Where the issue is purely one of conduct, ie the employee is not addicted to alcohol or drugs but their drug/alcohol consumption is leading to regular absence/lateness, you should consider subjecting them to your disciplinary procedure.
See workplace policies on smoking, drugs, and alcohol, and employee absence as a conduct issue.
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Employee absence as a conduct issue
How to manage an absence problem as a conduct issue where you may need to take disciplinary action.
Persistent short term absence due to illness, where there is no specific medical cause, should be dealt with as a conduct issue and you may wish to take disciplinary action.
Be aware though that sickness, domestic problems or travel difficulties leading to absence or lateness may not necessarily amount to misconduct. Absences relating to an underlying medical condition should be dealt with as a capability issue. Additionally, if the sickness is pregnancy related, you must not take disciplinary action. See employee absence as a capability issue.
Investigations before taking disciplinary action
Prior to taking disciplinary action, you should:
- review the employee's attendance record
- meet with the employee to discuss and review their overall attendance record
If there is no reasonable explanation for the absence you may decide to take disciplinary action.
Prior to taking disciplinary action, you could:
- caution employees that it is a requirement to comply with your absence and sickness policy/procedures and this would include ensuring they phone in at or by a given time each day
- ensure line managers follow up on any unexplained absence
Where employees are finding it difficult to manage home and work responsibilities, consider introducing flexible working arrangements.
Note that eligible employees have the right to request flexible working.
You must consider such requests seriously - see flexible working: the law and best practice.
Taking disciplinary action
The employee should be given an opportunity to improve. Usually warnings, both oral and written, are sufficient.
If the situation does not improve, you may have to consider dismissal, but only as a last resort and after following proper and fair procedures, including statutory dismissal and disciplinary procedures. See disciplinary procedures, hearings, and appeals.
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Employee absence due to conflict at work
How to manage staff who are absent because of disputes or other conflicts in the workplace.
An employee may be absent because of a conflict at work. This absence could either be in the form of sick leave or unauthorised and unexplained. With any type of absence, the employee may telephone you to explain what has caused it, or you may have to call the employee instead.
Resolving conflict at work
If you find out that an employee's absence is being caused by a conflict at work, you need to take steps to resolve it.
You may wish to use mediation as a way of resolving the problem. Mediation is a process whereby an independent third party intervenes in a workplace dispute to assist the parties to reach a satisfactory outcome. Mediation is especially suitable when used at the early stages of a problem at work and can be used in any dispute, but is particularly useful in relationship issues. The Labour Relations Agency (LRA) provides a free mediation service.
However, the employee might just tell you that they are affected by depression or stress. If so, you should try to find out - if it's not immediately clear - the underlying cause to determine whether it's work-related.
With unauthorised absence, the employee may be reluctant to tell you why they are absent, ie they might either avoid giving you an explanation or give you an explanation that you find unconvincing. In either case, you should arrange a return-to-work interview with the employee to find out the underlying cause of their absence.
If the employee continues to take periods of unauthorised absence, you may treat it as a conduct issue and apply your disciplinary procedure (which should as a minimum comply with the statutory dismissal and disciplinary procedures). You may find that, during a disciplinary hearing, the employee raises a grievance relating to a conflict at work that has ultimately led to their absence. If this happens, you should consider suspending the disciplinary process for a short period in order to deal with the grievance. However, if the grievance constitutes the employee's defence to the disciplinary issue, you may find it convenient to deal with both issues concurrently.
See disciplinary procedures, hearings, and appeals and handling grievances.
Return-to-work interviews
Whenever an employee returns to work after a period of sickness absence, you should hold a return-to-work interview with them.
As part of the discussion, you can:
- welcome the employee back
- check they are well enough to be at work
- update them on any news while they were absent
- ask them about the cause of their absence
You may find that they were absent because of a conflict at work. For example:
- they have an ongoing disagreement with a peer or their manager
- they are being bullied or harassed by a colleague, client or customer
- before their absence, you had called them to a meeting on an unrelated disciplinary matter, eg to discuss their performance or conduct
- there is a dispute between groups of workers
- there is a dispute between a group of workers and management over, for example, pay or conditions, which may have already led - or may lead in future - to industrial action
If so, you need to take steps to deal with the conflict. See managing conflict.
If you are already aware that the absence was caused by a conflict at work, you should inform the employee about the steps that you have taken or plan to take to resolve it. They should also have a clear understanding of what may happen if they continue to be absent from work.
Continuing absence during a disciplinary procedure
If you think an employee's continuing absence is itself due to a forthcoming disciplinary hearing and, as a result, they fail to attend it, you should:
- rearrange the date of the meeting
- consider seeking medical advice on an employee's fitness to attend a disciplinary hearing
- warn the employee that, if they fail to attend again without good reason, you could make your decision on the matter in their absence
If the employee repeatedly fails to attend rearranged disciplinary hearings, you need to consider all the facts and come to a reasonable decision on how to proceed.
Considerations may include:
- any rules you have for dealing with failure to attend disciplinary meetings
- the seriousness of the disciplinary issue under consideration
- the employee's disciplinary record (including current warnings), general work record, work experience, position and length of service
- medical opinion on whether the employee is fit to attend the meeting
- how you have dealt with similar cases in the past
- the explanations and reasons for non-attendance given by the employee
However, eventually you will be entitled to reach your disciplinary decision in their absence, whether it's a warning, action short of dismissal such as demotion, or even dismissal itself.
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Employee absence due to bad weather
Flexible working and other issues you may have to tackle during bad weather.
Bad weather - particularly heavy snow - and the resulting transport problems can lead to a large number of employees being absent from or late for work.
To reduce the impact of bad weather, you should plan ahead. For example, think about issues such as alternative working patterns or who can cover at short notice.
It's also a good idea to include a section on bad weather in your absence policy so that you and your staff know what to do when these situations arise.
Remote working
It's worth considering a more flexible approach to matters such as location - you could allow employees to work from home/remotely if, for example, all or most of their work is done using a computer with an internet connection.
Alternatively you could agree with the employee that they start and finish at a later time, or that they take a day's holiday or perhaps any accrued time off in lieu.
In addition, information technology could be useful in enabling a business to run effectively if many employees are absent from work, for example using laptops or smartphones to work remotely. See remote access security best practice.
Pay issues
You do not have to pay an employee if, because of bad weather:
- they are unable to get to work
- they are late for work (unless the travel itself is part of their working time or - in some situations - where you provide the transport)
However, you may have to pay an employee if:
- the right to payment is set out in their employment contract or a collective agreement
- it's become custom and practice for you to do so in these circumstances
Finally, providing you do not discriminate, you might, even without obligation, choose to pay for a short lateness absence, making it clear it is not a precedent. Such a consideration can engender staff goodwill.
Dealing with absence issues fairly
Even if your business is damaged by the effects of absent workers, make sure that any disciplinary action you take is carried out according to proper and fair procedure.
This will help maintain good, fair, and consistent employment relations and help prevent complaints to industrial tribunals. See disciplinary procedures, hearings, and appeals.
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Managing absence and sickness: five things you should know
Top tips to help employers effectively manage unexpected workplace absence.
As an employer, you should ensure you have appropriate systems in place to manage unexpected staff absences. These absences can affect productivity and profits and can even lower morale and motivation.
Top tips to manage workplace sickness and absences
The following top tips will help you to better manage unexpected absences in your business.
1. Understand the reasons for employee absence
It's important to be aware of potential factors contributing to the absence levels in your business. Reasons for absence could be personal or work-related. Some common reasons include unsafe work practices; heavy workloads; family problems; abuse from customers; conflict at work; ill health; drug or alcohol dependency; and bad weather. See how to manage absence and sickness.
2. Put effective policies and procedures in place
You can improve the impact of absences by putting effective policies and procedures in place and applying these fairly and consistently. These should be backed up by agreeable working conditions, good management, and a focus on staff motivation. Having an absence and sickness policy brings clear business benefits including lower insurance costs, higher rates of staff retention, and improved productivity. Having set procedures in place can also help you to prevent small problems from developing into larger ones, measure and monitor absence and identify underlying problems. Read about the benefits of having an absence and sickness policy.
3. Spend time developing your absence and sickness policy
You should develop your absence and sickness policy and procedures in consultation with line managers and workplace representatives. Your policy could include: when time off is permitted; how and when the worker should notify you of absence; when a worker should submit a medical statement or fit note from their healthcare professional; statutory sick pay arrangements; consequences of not complying with the policy; and responsibility for keeping attendance records. Absence and sickness policies: what to include.
4. Prepare for and manage unexpected absences
You should adhere to your absence and sickness policy and procedures when an instance of unexpected absence occurs. There are also a number of steps you should take to prepare for such an event: accurately record and monitor absence; train managers on how to handle absence; provide special equipment if appropriate; and set targets for absence levels. You should also conduct return-to-work interviews after absences, interviewing sensitively to assess if there are any underlying causes. You could also develop other initiatives to encourage good attendance such as the introduction of flexible working or introducing counselling and healthcare packages. Manage workplace absence and sickness.
5. Measure and monitor absence in your business
Monitoring absence in your business allows you to find out how much working time has been lost, where the absence occurs most, how often individual workers are absent, and whether there is a pattern of absence. With this information, you should be able to take the appropriate action to improve the situation. See measure and monitor absence and sickness. Not least, measuring and monitoring absences might reveal annual patterns of stress points which can help you prepare for and manage absences to a degree eg restrict (within contract limits) leave at such times.
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Manage absence and sickness
Managing sickness absence - MindWise (video)
In this video case study, MindWise and the Equality Commission, explain the importance of having a workplace sickness absence policy.
MindWise is a Northern Ireland charity that works to support those at risk of and affected by, severe mental illness and mental health difficulties.
MindWise has a low sickness absence among its staff. Anne Doherty, Deputy Chief Executive, explains how the organisation achieves and maintains this success rate. This includes having the right policies and procedures, alongside creating a culture where there are workplace initiatives, to promote a healthy environment for all staff. The charity specifically encourages WRAP (Wellness Recovery Action Planning) as a method to support positive mental health and wellbeing.
MindWise works closely with the Equality Commission. In this video, Una Wilson from the Equality Commission also highlights the challenges that Northern Ireland businesses face when managing sickness absence and the local support that is available to assist.
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Manage workplace absence and sickness
In this guide:
- Manage absence and sickness
- Benefits of an absence and sickness policy
- Absence and sickness policies: what to include
- Manage workplace absence and sickness
- Measure and monitor absence and sickness
- Employee absence as a capability issue
- Employee absence as a conduct issue
- Employee absence due to conflict at work
- Employee absence due to bad weather
- Managing absence and sickness: five things you should know
- Managing sickness absence - MindWise (video)
Benefits of an absence and sickness policy
Productivity, morale, and staff retention can be improved with clear workplace policies on absence and sickness.
Having an absence and sickness policy can bring clear business benefits including:
- lower insurance costs
- higher rates of staff retention and motivation
- improved productivity, profitability and morale
You may also find that the reputation of your business is improved and that this, in turn, aids employee recruitment.
Management benefits of having an absence and sickness policy
From a management point of view, having an absence and sickness policy can help you to:
- prevent small problems from developing into larger ones
- measure and monitor employee absence - see measure and monitor absence and sickness
- identify and tackle underlying problems, such as workload demands, poor working conditions, work-life balance issues, conflict at work, or lack of adequate training/career development
Monitoring reasons for unexpected absences is just one of the ways of managing staff health and wellbeing and how you can control staff turnover.
You may find that monitoring reasons for absences makes it easier for you to identify and deal with different types of absences appropriately.
See employee absence as a capability issue and employee absence as a conduct issue.
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Absence and sickness policies: what to include
An overview of what to include in workplace absence and sickness policies.
You should develop your absence and sickness policy/procedures in consultation with line managers and workplace representatives.
What should my absence and sickness policy include?
An absence and sickness policy could include the following:
- When time off might or must be permitted, eg jury service leave and time off for emergencies involving dependants. See allowing time off work.
- How the worker should notify you if they are ill, going to be late for work, or absent for other unexpected reasons, eg because a dependant has had an accident or fallen ill. It might be helpful to clarify the circumstances when dependants leave would typically be applicable, such as where the reason for absence relates to an emergency situation or unexpected disruption. See parental leave and time off for dependants.
- When they should submit a medical statement, known as a fit note, from their healthcare professional or self-certify their illness and the implications of failure to provide appropriate certification. Note that under statutory sick pay rules, self-certification is only required from the fourth day, and a medical statement from the eighth day, of an absence. See manage workplace absence and sickness.
- Details of any methods used to measure absence eg Bradford Factor.
- An indication of what is deemed unacceptable levels of absence and trigger points for taking action to review.
- Statutory - and any contractual - sick pay arrangements. This should also be covered in each employee's written statement of employment particulars.
- The circumstances when absences will be dealt with as a capability issue and the circumstances when absences will be dealt with as a conduct issue.
- Possible procedures for using the employer's own doctor/medical adviser or the procedure for seeking an employee's consent to obtain a medical report from their GP/medical practitioner.
- If applicable, the need to attend a return-to-work interview
- Consequences of not complying with the policy, eg when disciplinary measures will be taken.
- Identifies who is responsible for keeping attendance records.
- Reference to any other relevant policies, eg alcohol/drug misuse, health and safety, discipline and grievance, annual leave, maternity/adoption/paternity/parental leave. See staff documents and employment policies.
You may also want to include the following points:
- If you have good reason to believe an employee is abusing the system, you may begin disciplinary action against them.
- While you will treat those who fall ill sympathetically, excessive sickness can result in dismissal. For information on dealing with employee illness fairly, see employee absence as a capability issue.
Supporting staff with long-term sickness
There are other options you may want to consider, including:
- offering a counselling service (or arranging a referral to specialist assistance)
- setting up rehabilitation programmes for long-term sickness
- a referral to an occupational health service that can provide useful information regarding staff on long-term sickness absence and support their return to work
- appointing an absence case manager
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Manage workplace absence and sickness
An overview of the basic principles of managing absence and sickness effectively.
There are a number of steps you should take to manage unexpected workplace absence and sickness effectively:
- Produce clear written procedures for reporting absence. See absence and sickness policies: what to include.
- Accurately record and monitor absence. See measure and monitor absence and sickness.
- Train managers on how to handle absence.
- Set targets for absence levels.
- Conduct return-to-work interviews after absences, interviewing sensitively to find out if there are underlying causes.
- Provide special equipment if appropriate, eg specialist chairs or chair aids for employees with back problems. Find out about the help available to employers from the Health and Work Support Branch.
- Develop other initiatives to encourage good attendance, eg improvement of working conditions, the introduction of flexible working, provision of counselling and healthcare facilities.
Statement of fitness for work or the fit note
A statement of fitness for work, also known as a fit note is a medical statement that healthcare professionals issue to patients whose health condition affects their ability to work.
Fit note change from 1 July 2022
Since 1 July 2022, other healthcare professionals in addition to doctors are able to sign a fit note. This includes registered nurses, physiotherapists, occupational therapists, and pharmacists. See fit note changes come into effect from 1 July 2022.
A healthcare professional may only issue a fit note after seven calendar days of sickness absence. For sickness absences of seven calendar days or fewer, employees can self-certify.
A statement of fitness for work allows a healthcare professional to advise either that the patient is unfit for work or that they may be fit for work if appropriate support is available eg a phased return to work, altered hours, amended duties, or workplace adaptations.
In the latter case, the healthcare professional may also comment on the functional effects of the patient's health condition and, if appropriate, what changes you, as the patient's employer, could make - in agreement with the employee - to help them get back to work as part of their recovery.
While you don't have to act on the healthcare professional's advice, the statement may help you make simple and practical workplace adjustments to help your staff return to work and reduce unnecessary sickness absences.
Regardless of what a statement says, you must still make reasonable adjustments for disabled employees under the disability provisions in the Disability Discrimination Act 1995.
The Chartered Institute of Personnel and Development (CIPD) has a number of guides, factsheets and Q&As on absence management.
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Measure and monitor absence and sickness
How to measure and record absence and sickness in your workplace.
Setting up procedures for measuring absence and sickness in the workplace allows you to identify:
- how much working time has been lost
- where absence occurs the most, eg among particular types of worker or department
- how often individual workers are absent
- whether there is a pattern of absence, eg where a worker regularly calls in sick on a Friday
- sickness absence reasons
It will also show whether the absence is:
- due to short-term sickness and certificated
- due to short-term sickness and uncertificated
- due to long-term sickness
- not sickness-related and authorised
- not sickness-related, but unauthorised
With this information, you should be able to take the appropriate action to improve workplace absence and sickness levels.
Reasons for employee absence
Reasons for unauthorised absence can be personal, eg due to domestic problems, or work-related, eg due to verbal abuse from customers or heavy workloads and, in turn, increased levels of stress.
Consider improving such conditions by:
- examining job design
- using temporary staff during busy periods
- developing policies and procedures to tackle anti-social behaviour against public-facing staff
- offering flexible working patterns, training and promotion opportunities, staff incentives, etc
- offering employees training on managing work-related stress
- offering managers training on managing stress in the workplace
Return-to-work interviews
Return-to-work interviews can be an effective way of collecting absence data. Carried out sensitively, they can help establish:
- if there is a hidden reason for a worker's absence, eg workplace bullying or domestic problems
- f they are fit to return to work
- whether there is any underlying medical condition
- the likelihood of any recurrence of the problem/illness
- if there is an absence problem
- whether any action is required and allow the employer to explain the consequences of any further absences
- if medical referral is necessary
- whether a disability exists
Keeping sickness and absence records
Prior to 6 April 2014 under regulation 7 (13) of Schedule 4 to the Social Security (Contributions) Regulations 2001, an employer had to keep wage records for all employees.
Regulation 13 of the SSP General Regulations 1982, as amended by Regulations 3 of the Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996, required an employer to keep sick absence records for each employee for each year.
With effect from 6 April 2014 regulation 13 was revoked and employers are no longer required to keep records of sickness absence.
Regulation 13A is still in force and an employer may be required to produce records to show statutory sick pay has been paid to their employees. See statutory sick pay forms and record-keeping.
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Employee absence as a capability issue
How an employee's illness can affect their ability to perform their job.
An employee may become incapable of doing their job to the required standard because they are genuinely affected by either of the following:
- long-term ill health related to an underlying medical condition and therefore they don't attend work for a long period of time
- frequent bouts of short-term sickness related to an underlying medical condition and they are therefore unable to attend work regularly
Addressing absence as a capability issue
In either of these circumstances, you should treat any absence as a capability issue and:
- deal with the situation sensitively
- investigate, measure, and monitor the employee's absence record
- consult them regularly to find out about their health and discuss ways of enabling them to remain in the workplace, or if on long-term sickness absence the likelihood of a return to work
- set time limits on assessing the situation and tell the employee
- let them know if their job is at risk, and why
- obtain medical reports - although you'll need their permission
- consider adjustments to their job to allow them to return to work and/or do their job more easily
- consider offering any other vacancy you may have which has duties that the employee may be fit to perform
To avoid an unfair dismissal claim, only dismiss as a last resort. Make sure you have followed fair and proper procedures, including statutory dismissal and disciplinary procedures. See dismissing employees.
Keep in mind the following:
- Check if the illness relates to a disability - if so, you may need to make reasonable adjustments so that the employee can carry out their job. For the definition of disability, see how to prevent discrimination and value diversity.
- Discount any periods of absence related to a pregnancy-related illness when taking action over someone's absence record. For the rights of pregnant employees, see pregnancy at work.
- An eligible employee may be entitled to statutory sick pay for up to 28 weeks - as well as any contractual sick pay. See pay: employer obligations.
Absence related to drugs and alcohol
Treat employees addicted to drugs or alcohol similarly to employees with any other serious illness. However, if an employee won't accept they have a problem or seek help, the issue may become one of unacceptable conduct.
Where the issue is purely one of conduct, ie the employee is not addicted to alcohol or drugs but their drug/alcohol consumption is leading to regular absence/lateness, you should consider subjecting them to your disciplinary procedure.
See workplace policies on smoking, drugs, and alcohol, and employee absence as a conduct issue.
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Employee absence as a conduct issue
How to manage an absence problem as a conduct issue where you may need to take disciplinary action.
Persistent short term absence due to illness, where there is no specific medical cause, should be dealt with as a conduct issue and you may wish to take disciplinary action.
Be aware though that sickness, domestic problems or travel difficulties leading to absence or lateness may not necessarily amount to misconduct. Absences relating to an underlying medical condition should be dealt with as a capability issue. Additionally, if the sickness is pregnancy related, you must not take disciplinary action. See employee absence as a capability issue.
Investigations before taking disciplinary action
Prior to taking disciplinary action, you should:
- review the employee's attendance record
- meet with the employee to discuss and review their overall attendance record
If there is no reasonable explanation for the absence you may decide to take disciplinary action.
Prior to taking disciplinary action, you could:
- caution employees that it is a requirement to comply with your absence and sickness policy/procedures and this would include ensuring they phone in at or by a given time each day
- ensure line managers follow up on any unexplained absence
Where employees are finding it difficult to manage home and work responsibilities, consider introducing flexible working arrangements.
Note that eligible employees have the right to request flexible working.
You must consider such requests seriously - see flexible working: the law and best practice.
Taking disciplinary action
The employee should be given an opportunity to improve. Usually warnings, both oral and written, are sufficient.
If the situation does not improve, you may have to consider dismissal, but only as a last resort and after following proper and fair procedures, including statutory dismissal and disciplinary procedures. See disciplinary procedures, hearings, and appeals.
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Employee absence due to conflict at work
How to manage staff who are absent because of disputes or other conflicts in the workplace.
An employee may be absent because of a conflict at work. This absence could either be in the form of sick leave or unauthorised and unexplained. With any type of absence, the employee may telephone you to explain what has caused it, or you may have to call the employee instead.
Resolving conflict at work
If you find out that an employee's absence is being caused by a conflict at work, you need to take steps to resolve it.
You may wish to use mediation as a way of resolving the problem. Mediation is a process whereby an independent third party intervenes in a workplace dispute to assist the parties to reach a satisfactory outcome. Mediation is especially suitable when used at the early stages of a problem at work and can be used in any dispute, but is particularly useful in relationship issues. The Labour Relations Agency (LRA) provides a free mediation service.
However, the employee might just tell you that they are affected by depression or stress. If so, you should try to find out - if it's not immediately clear - the underlying cause to determine whether it's work-related.
With unauthorised absence, the employee may be reluctant to tell you why they are absent, ie they might either avoid giving you an explanation or give you an explanation that you find unconvincing. In either case, you should arrange a return-to-work interview with the employee to find out the underlying cause of their absence.
If the employee continues to take periods of unauthorised absence, you may treat it as a conduct issue and apply your disciplinary procedure (which should as a minimum comply with the statutory dismissal and disciplinary procedures). You may find that, during a disciplinary hearing, the employee raises a grievance relating to a conflict at work that has ultimately led to their absence. If this happens, you should consider suspending the disciplinary process for a short period in order to deal with the grievance. However, if the grievance constitutes the employee's defence to the disciplinary issue, you may find it convenient to deal with both issues concurrently.
See disciplinary procedures, hearings, and appeals and handling grievances.
Return-to-work interviews
Whenever an employee returns to work after a period of sickness absence, you should hold a return-to-work interview with them.
As part of the discussion, you can:
- welcome the employee back
- check they are well enough to be at work
- update them on any news while they were absent
- ask them about the cause of their absence
You may find that they were absent because of a conflict at work. For example:
- they have an ongoing disagreement with a peer or their manager
- they are being bullied or harassed by a colleague, client or customer
- before their absence, you had called them to a meeting on an unrelated disciplinary matter, eg to discuss their performance or conduct
- there is a dispute between groups of workers
- there is a dispute between a group of workers and management over, for example, pay or conditions, which may have already led - or may lead in future - to industrial action
If so, you need to take steps to deal with the conflict. See managing conflict.
If you are already aware that the absence was caused by a conflict at work, you should inform the employee about the steps that you have taken or plan to take to resolve it. They should also have a clear understanding of what may happen if they continue to be absent from work.
Continuing absence during a disciplinary procedure
If you think an employee's continuing absence is itself due to a forthcoming disciplinary hearing and, as a result, they fail to attend it, you should:
- rearrange the date of the meeting
- consider seeking medical advice on an employee's fitness to attend a disciplinary hearing
- warn the employee that, if they fail to attend again without good reason, you could make your decision on the matter in their absence
If the employee repeatedly fails to attend rearranged disciplinary hearings, you need to consider all the facts and come to a reasonable decision on how to proceed.
Considerations may include:
- any rules you have for dealing with failure to attend disciplinary meetings
- the seriousness of the disciplinary issue under consideration
- the employee's disciplinary record (including current warnings), general work record, work experience, position and length of service
- medical opinion on whether the employee is fit to attend the meeting
- how you have dealt with similar cases in the past
- the explanations and reasons for non-attendance given by the employee
However, eventually you will be entitled to reach your disciplinary decision in their absence, whether it's a warning, action short of dismissal such as demotion, or even dismissal itself.
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Employee absence due to bad weather
Flexible working and other issues you may have to tackle during bad weather.
Bad weather - particularly heavy snow - and the resulting transport problems can lead to a large number of employees being absent from or late for work.
To reduce the impact of bad weather, you should plan ahead. For example, think about issues such as alternative working patterns or who can cover at short notice.
It's also a good idea to include a section on bad weather in your absence policy so that you and your staff know what to do when these situations arise.
Remote working
It's worth considering a more flexible approach to matters such as location - you could allow employees to work from home/remotely if, for example, all or most of their work is done using a computer with an internet connection.
Alternatively you could agree with the employee that they start and finish at a later time, or that they take a day's holiday or perhaps any accrued time off in lieu.
In addition, information technology could be useful in enabling a business to run effectively if many employees are absent from work, for example using laptops or smartphones to work remotely. See remote access security best practice.
Pay issues
You do not have to pay an employee if, because of bad weather:
- they are unable to get to work
- they are late for work (unless the travel itself is part of their working time or - in some situations - where you provide the transport)
However, you may have to pay an employee if:
- the right to payment is set out in their employment contract or a collective agreement
- it's become custom and practice for you to do so in these circumstances
Finally, providing you do not discriminate, you might, even without obligation, choose to pay for a short lateness absence, making it clear it is not a precedent. Such a consideration can engender staff goodwill.
Dealing with absence issues fairly
Even if your business is damaged by the effects of absent workers, make sure that any disciplinary action you take is carried out according to proper and fair procedure.
This will help maintain good, fair, and consistent employment relations and help prevent complaints to industrial tribunals. See disciplinary procedures, hearings, and appeals.
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Managing absence and sickness: five things you should know
Top tips to help employers effectively manage unexpected workplace absence.
As an employer, you should ensure you have appropriate systems in place to manage unexpected staff absences. These absences can affect productivity and profits and can even lower morale and motivation.
Top tips to manage workplace sickness and absences
The following top tips will help you to better manage unexpected absences in your business.
1. Understand the reasons for employee absence
It's important to be aware of potential factors contributing to the absence levels in your business. Reasons for absence could be personal or work-related. Some common reasons include unsafe work practices; heavy workloads; family problems; abuse from customers; conflict at work; ill health; drug or alcohol dependency; and bad weather. See how to manage absence and sickness.
2. Put effective policies and procedures in place
You can improve the impact of absences by putting effective policies and procedures in place and applying these fairly and consistently. These should be backed up by agreeable working conditions, good management, and a focus on staff motivation. Having an absence and sickness policy brings clear business benefits including lower insurance costs, higher rates of staff retention, and improved productivity. Having set procedures in place can also help you to prevent small problems from developing into larger ones, measure and monitor absence and identify underlying problems. Read about the benefits of having an absence and sickness policy.
3. Spend time developing your absence and sickness policy
You should develop your absence and sickness policy and procedures in consultation with line managers and workplace representatives. Your policy could include: when time off is permitted; how and when the worker should notify you of absence; when a worker should submit a medical statement or fit note from their healthcare professional; statutory sick pay arrangements; consequences of not complying with the policy; and responsibility for keeping attendance records. Absence and sickness policies: what to include.
4. Prepare for and manage unexpected absences
You should adhere to your absence and sickness policy and procedures when an instance of unexpected absence occurs. There are also a number of steps you should take to prepare for such an event: accurately record and monitor absence; train managers on how to handle absence; provide special equipment if appropriate; and set targets for absence levels. You should also conduct return-to-work interviews after absences, interviewing sensitively to assess if there are any underlying causes. You could also develop other initiatives to encourage good attendance such as the introduction of flexible working or introducing counselling and healthcare packages. Manage workplace absence and sickness.
5. Measure and monitor absence in your business
Monitoring absence in your business allows you to find out how much working time has been lost, where the absence occurs most, how often individual workers are absent, and whether there is a pattern of absence. With this information, you should be able to take the appropriate action to improve the situation. See measure and monitor absence and sickness. Not least, measuring and monitoring absences might reveal annual patterns of stress points which can help you prepare for and manage absences to a degree eg restrict (within contract limits) leave at such times.
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Manage absence and sickness
Managing sickness absence - MindWise (video)
In this video case study, MindWise and the Equality Commission, explain the importance of having a workplace sickness absence policy.
MindWise is a Northern Ireland charity that works to support those at risk of and affected by, severe mental illness and mental health difficulties.
MindWise has a low sickness absence among its staff. Anne Doherty, Deputy Chief Executive, explains how the organisation achieves and maintains this success rate. This includes having the right policies and procedures, alongside creating a culture where there are workplace initiatives, to promote a healthy environment for all staff. The charity specifically encourages WRAP (Wellness Recovery Action Planning) as a method to support positive mental health and wellbeing.
MindWise works closely with the Equality Commission. In this video, Una Wilson from the Equality Commission also highlights the challenges that Northern Ireland businesses face when managing sickness absence and the local support that is available to assist.
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