Sickness absence and stress

If you are sick for either a lengthy period of time or have a recurrent illness, it’s likely you’ll need to comply with employers’ policies.

Sickness absence can have a significant effect on a business both operationally and financially and for that reason, employers can be keen to address sickness issues.  If you have a poor sickness absence record, your employer might seek your consent for a medical report from your GP or to refer you to Occupational Health.  They might also look to progress a formal absence management process with you through a series of formal warnings culminating in your dismissal.  In these circumstances, we can make sure that the steps your employer is taking are fair and advise you on what options might be open to you in the circumstances.

We are particularly aware of the increasing impact on poor mental health on absence levels and we can help if your mental health has reached the point where you feel unable to continue at work.  In some cases, stress/depression/anxiety can count as a disability and for that reason needs to be handled in a particular way by your employer.  A failure to have due regard for a disability can lead to a costly claim for your employer and a sizeable award for you.  We can work you to make sure that you’re treated fairly if you’re suffering with stress or depression or poor mental health and to achieve an outcome for you that gives you the space you need to focus on your recovery.

Recent work includes:

• Advising individual on long term sick from the fire service following stress and PTSD
• Advising a council employee on what adjustments should be made to accommodate his complex disability needs.
• Advising a commercial company’s employee in relation to his schizophrenia and threatened disciplinary process.
• Advising a director in relation to resisting new duties which would impact on his spinal condition.
• Advising a woman employee in relation to the effects of the premature onset of the menopause.