Dismissals on the grounds of long-term sickness absence are rarely easy for employers to deal with. This is particularly the case where the reason for the absence is said to be stress related.

A recent Court of Appeal case has placed an additional burden on employers in cases of
dismissals for long-term sickness absence, where the absence has been caused by bullying in the workplace. The Court agreed with the Employment Appeal Tribunal that, in these cases, an employer would be expected to:

“go the extra mile in finding alternative employment for such an employee, or to put up with a longer period of sickness absence than would otherwise be reasonable.”

This will not be welcome news for employers. Dealing with workplace bullying before an employee goes off with stress, and effective management of those who do go off with stress to get them back to work is therefore of the utmost importance. Below are some hints and tips on how to deal with these situations to prevent a claim arising, and to minimise the costs of any which can’t be prevented:

• Ensure that you have policies regarding bullying in place, of which all employees are aware and which make clear that such behaviour will not be tolerated;
• Ensure that these polices are enforced rigorously and therefore act as a deterrent;
• Be aware of any potential issues before they become serious – managers should be asked to ‘keep an eye’ on their departments to ensure that any potentially bullying behaviour can be stamped on before it escalates;
• Deal with any grievances/informal complaints about bullying behaviour as soon as they arise and ensure, so far as possible, that the ‘victim’ is not placed in a difficult situation or asked to work with the alleged bully while matters are being investigated;
• If, as often happens, an employee goes off sick at the same time as submitting a grievance, try to see the employee as soon as possible (at their home or on neutral ground if that helps) to reassure them that the issue is being dealt with seriously and quickly, and take steps to get the employee back to work as soon as possible;
• If you uphold a grievance, but do not dismiss the bully, consider how you can prevent the victim having to work with the bully if they do not feel able to do so. This may include moving the bully to an alternative place of work or role. Be wary of moving the victim unless they are happy to move as to do so could be construed as a punishment for having raised the complaint and could lead to a claim for constructive dismissal.

Posted: August 21st, 2007 under Employment/HR.
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