Responsibility aside, it is true that employers have much to gain from a healthier workforce including reduced staff turnover, higher productivity and reduced sickness absence.[\/vc_column_text][\/toggle][toggle color=”Default” title=”How far can an employer go to encourage a healthy lifestyle without unreasonably intruding on employees’ personal lives?”][vc_column_text]Many employers offer assistance such as free health checks, subsidised gym membership and participation in the government’s “cycle to work” scheme. Other low cost options include organising regular staff sporting activities, but employers need to be extremely careful not to put disabled employees at a disadvantage. Encouraging employees to lose weight may be acceptable but basing promotion decisions etc on a failure to do so is less likely to be appropriate.[\/vc_column_text][\/toggle][toggle color=”Default” title=”How should you deal with requests for time off to watch key matches during the football?”][vc_column_text]There is no legal obligation to give employees time off to watch World Cup matches. It is up to the employer to decide whether to grant time off or not taking into account business needs. It is common practice that employers will require employees to use their holiday entitlement or work flexibly to make up lost time if they wish to take time off work to watch matches.[\/vc_column_text][\/toggle][toggle color=”Default” title=”What action can you take to deter absenteeism during the World Cup?”][vc_column_text]Employers can put specific absence reporting procedures in place during the World Cup frenzy including requiring employees’ to notify a nominated manager. It will allow that manager to ask more probing and appropriate questions about the absence and allow the manager to monitor and identify absence patterns on match days.<\/p>\n
If employers notify employees in advance that unauthorised absences without a good reason and sickness absences that are not genuine will be dealt with under the disciplinary
\nprocedure, this should go towards deterring “world cup sickies”[\/vc_column_text][\/toggle][toggle color=”Default” title=”What should you do if you suspect that an employee’s reported ‘sickness absence’ was to watch a football match?”][vc_column_text]Where the employer has concerns about the genuineness of an employee’s absence, further investigations can be made by questioning the employee at the time they report the absence and at a return to work interview. Where there is evidence that the employee was not sick (e.g they were seen at their ‘local’ watching a game over a pint), this would be a disciplinary matter. Unauthorised absence and reporting absences as sickness when this is not the real reason are serious disciplinary\u00a0 offences.[\/vc_column_text][\/toggle][toggle color=”Default” title=”Is it acceptable to contact an employee while they are off sick, or could this be seen as harassment?”][vc_column_text]It is entirely appropriate to contact an employee while they are off sick as you need to keep up to date with their medical condition and their likely return date. But you do need to be reasonable; a telephone call every few days would normally be sufficient; sitting outside their house in your car probably is harassment. When speaking to your employee, agree with them when you will contact them again, that way you will head off any later complaints about excessive contact.[\/vc_column_text][\/toggle][toggle color=”Default” title=”What should I do if I am concerned that a doctor’s note may not be genuine?”][vc_column_text]We’ve seen all sorts of dodgy sick notes in our time, including one that suggested a “fased” return to work – is it possible for someone with a medical degree not to know that “phased” starts with a “ph”? If you are concerned, contact the surgery and email or fax a copy of the medical note to them for authentication.[\/vc_column_text][\/toggle][toggle color=”Default” title=”What if an employee decides to return to work before their medical certificate has expired?”][vc_column_text]To be on the safe side, we would usually ask the employee to go back to the doctor to get something in writing confirming that they are happy for the employee to return early. This will cover you if the employee suffers a relapse having returned too soon.[\/vc_column_text][\/toggle][toggle color=”Default” title=”Can an employee take paid holiday during a period of sickness absence?”][vc_column_text]Yes, following a recent decision by the House of Lords employees on long-term sick leave are now entitled to take paid holiday even though they are not at work. Under this new law, employees continue to accrue their statutory holiday entitlement whilst off sick and can request to take holiday during their sickness absence.[\/vc_column_text][\/toggle][toggle color=”Default” title=”If an employee asks to take holiday during a period of sickness absence but are not paid for it, can they bring a claim?”][vc_column_text]Yes. If the employee requests holiday while they are off sick but you fail to pay it they can make one of two claims. The first is a claim under the Working Time Regs which would have to be made within 3 months of the holiday requested and would only cover that particular episode of unpaid holiday. The second is an unlawful deduction of wages claim which must be made within 3 months of the holiday requested but could cover a series of episodes of unpaid holiday going back as far as 6 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