Constant absence

Carole Simmons
Member - 77 posts

Have medical certificates been received? If not, apart from bereavement leave how is he explaining the absence?

GLENN RAYBONE
Member - 21 posts

Hi Samantha, you must have a Policy relating to leave, which is usually only for close family members. If he refuses to go to OH (for assessment and support) then this means HR will not have the full medical picture and background and therefore will have to make a decision regarding capability on the detail they have.

On the face of the information you've provided it does sound unbelievable but unless he attends OH or discuss this then a decision will have to be made of the facts known, and his capability does need to be questioned.

Samantha-Jayne Archer
Member - 4 posts

Thanks for your comments. No medical certificates have been received and the employee in question doesn't communicate with his employer (has only sent one letter), but his sister has called to confirm the death of his wife and child has hit him really badly and that a GP notes will be sent (none arrived). Contact was made with his previous employer to have an off the record conversation and it appears the gentleman did something similar with them. It transpired the employees Father "died" whilst working for the previous employer, however, the employee wrote to his current employer stating how supportive and upset his father is over the deaths of his daughter-in-law and grandchild. I've suggested moving to frustration of contract, yet the employer is still apprehensive in the event they end up in tribunal with little/no evidence.

Anne-Marie Parkinson
Member - 7 posts

Hi Samantha,

Leaving aside the detail/s of the absences I would suggest that your colleague seems to have enough evidence to terminate this employee's contract on the grounds that he is refusing to attend appointments and make communication with the employer. I am not an expert here but I would suggest it is "reasonable" to argue that the contract has become frustrated because of the employee's failure to communicate at any level with his employer. If your colleague is still nervous perhaps sending the emploee a letter asking him to make contact within say 5 working days or face disciplinary action (with possible termination of contract) might just give your colleague enough evidence. I hope this helps.

James Fairchild
Member - 336 posts

Can you try to validate the claimed bereavements (local paper) and then if true, consider cutting him some slack. Do be aware that there isn't a natural father/step father situation.

I agree it looks like fabrication, but if the guy is telling the truth the employment judge will wipe the floor with you.

I agree with Anne-Marie that the refusal to attend employment/communicate would on its own be grounds enough.

You say he worked a few weeks then has been off for several months - if you dismiss, ensure that this is well before one year to avoid any added complications.

Anyone got an opinion over whether arranging for the OH to call by his house is a good idea (I'm thinking here of whether his solicitor could claim intrusion).

sheena farenden
Member - 81 posts

Hi

You need to write to the employee stating that you are sorry to hear about his bereavements and ask for photocopies of the original documents to confirm his problems. It may be some benefit would come from the company if this was in fact true.

Also ask him to provide Dr's certificates to confirm his ill-health notifying him that as he has not contacted you or visited you OH you will have no alternative but to terminate his contract.

Try it the nice way first. You could always try visiting his home with a card from colleagues or if the employer is really worried call in an investigator cheaper than a tribunal.

Carole Simmons
Member - 77 posts

I assume this person has a contract of employment and the company has a procedure for attendance management. That being the case the manager of the employee should write by registered post to the employee stating how sorry he/she is for the bereavements in the first instance.

The letter should then ask for medical certificates to be sent in as soon as possible covering the time of the absence (giving some grace for the actual dates around the bereavements) and then ask him to attend OH giving him the date and time of the appointment. It is then up to him to contact you to re-arrange this appointment if it is not convenient.

If after all of that he still does not respond or turn up to the appointment you can then write to him again this time threatening to terminate his contract if he does not make contact with you within a specific time frame which you can state, but stress that you hope that will not be necessary bla bla.

It is important for you to document the fact that you have given every opportunity for this person to contact you and you to contact him and offer assistance and help. Once that process has been exhausted according to your company procedures and his contract of employment plus due regard to the law there is not much more you can do to help this person.

GLENN RAYBONE
Member - 21 posts

Hi James,

getting OH is absolutely the thing to do, but as an OHP I would not do a home visit for a few reasons (my own safety being first!) but I would encourage him to attend OH as this would encourage some social interaction and actaully get him out of the house and back on work premises.

Without seeing him or having conversation with him it's difficult (from an OH point of view) to contact the GP as there'd be no consent.