Author Chris Cook

Date 9 January 2009

Now that the Christmas break is over and January is upon us, many employees might be tempted to take a day or two off work as a “sickie” in the hope that their employers will not take action against them.

The new television advert and website from Benylin, the cold and flu remedy manufacturers, has infuriated many employers by seemingly encouraging employees to “take a Benylin day” and stay in bed at the first sign of a cold as opposed to trying to make it into the office. The website even gives employees advice on how to call in sick. This has led to employers’ organisations making complaints to the advertising watchdog, the Advertising Standards Authority.

Bearing in mind the current economic downturn, it is particularly important for businesses to operate efficiently with all of their employees putting in maximum effort. Whilst it is often difficult to ascertain whether an employee is genuinely unwell, after investigation you might have reasonable grounds to believe that an employee has taken a “sickie”. With absenteeism already costing the UK economy approximately £13 billion per year and the likelihood of other employees also following suit when their colleagues go unpunished for such behaviour, we would encourage you to:

  • Check that your sickness and disciplinary procedures are appropriately drafted to deal with such situations, including the process through which employees should notify you that they are unable to work;
  • Investigate periods of sickness absence where you have reason to believe that the periods of absence are not due to genuine periods of illness; and
  • Where you conclude that a period of absence is not genuine, take appropriate action against any employees concerned as soon as possible in accordance with your policies.

If you have any questions or require further information please contact Chris Cook by email at chris.cook@salaw.com or on 01727 798000.

© SA Law 2009
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