It’s an awful conversation to have, being asked about the pension rights of an employee with a terminal illness. A recent decision by the Pensions Ombudsman seems clear that in terminal ill health cases the Ombudsman is prepared to closely scrutinise actions taken by the employer. Whilst decisions by the Pensions Ombudsman only apply to the case in which the decision is made, it seems wise to take note of what is being said. The recent decision focuses on the extent to which employers should provide information on pension rights of an employee with a terminal illness The Law There is no legal obligation for employers to advise employees about their pension rights The law prohibits anyone other than a person authorised by the Financial Conduct Authority from advising on pension rights. However, a distinction should be drawn between “advising” and “providing information”. There is no specific guidance about information relating to the pension rights of an employee with a terminal illness. This can make it tricky to know if you’re doing the right thing, but there is some good practice to consider. Good Practice For employees with terminal illness, there are likely to be different options available under their […]
New research is looking at how to support employees returning to work from long term absence due to mental health issues. So far, research calls for line managers to have a good understanding of how to manage mental health problems. This finding raises the importance of training line managers in mental health issues. A recent survey by CMI showed that less than a third of managers (30%) have been trained in managing mental health in the workplace in the last year and almost half of managers (49%) have never received any training. Only 20% had received training more than a year ago. Equipping managers with the skills to support returning employees post-return should be included in future training initiatives. Common mental health illness such as stress, anxiety and depression are on the rise and can result in long-term sick leave. Helping employees return to work is only part of the challenge. Although employees may return, this does not mean they stay at work or regain their former levels of productivity. A high percentage of workers who suffer from mental illness have recurrent periods of sick leave. Sheffield University are working with Affinity Health at Work to understand how managers can […]
Managing an employee with multiple sclerosis need not be challenging for employers. As one of the most common diseases of the central nervous system, Multiple Sclerosis (MS) impacts more than 2.3 million people around the world. The term multiple sclerosis means “many scars”. It relates to the areas that appear on the brain and spinal cord after the sheath covering the nerves is damaged or dies. The damaged sheath leaves a lesion behind. These lesions are identified by an MRI scan when symptoms begin to appear. MS symptoms vary and progress at different rates for each person diagnosed. The disease is unpredictable, progressive and challenging to diagnose. The cause is also unknown. While there is no cure, treatments are advancing to help slow the progression of MS and reduce the symptoms. Not every employee with MS will need extra support in the workplace, and many of those who do will only require small changes (reasonable adjustments) – to enable them to continue working. A reasonable adjustment is a change, perhaps to the job or the working environment, that enables your employee to continue to do their job. Your employee’s right to reasonable adjustments is a key part of the Equality Act. MS […]
If you think your employee is faking illness to take time off work, here’s a recent case to help you decide what you may need to do. An employee was on sick leave after a workplace accident. He was put under surveillance after suspicions were raised to the employer. He was seen to be walking easily. The employee was dismissed for fraud. However, he claimed that while he could walk, he could not perform his contractual duties at work. Furthermore, this required him to remain seated for long periods. The Employment Appeal Tribunal confirmed that an employee who dishonestly claims they cannot work because of an illness or injury breaches the trust and confidence. This is required of any employee in the employer/employee relationship. Their dismissal is a result of their conduct, not their capability. The procedures to be followed are those for dismissal for misconduct. The employer in this case was found to have carried out a reasonable investigation. As they genuinely and reasonably believed the employee was acting fraudulently. The dismissal was therefore fair. In cases of employees believed to be faking illness to take time off work, the issue is one of conduct. Therefore, this should be dealt with as a disciplinary issue. Employers should: ensure they […]
We’ve had a spate of enquiries this month about dealing with an employee who keeps taking time off to look after their child. Short term, no notice absenteeism is a really difficult issue for employers to cope with. It affects planned work, it affects other team members and it can affect customers. It can be very frustrating especially if it happens a lot. It’s important to remember that your employee has a contract of employment with you. That contract of employment will usually say how many hours a week that they are contracted to attend work. There’s an obligation on both sides here. You as the employer need to provide the hours of paid work that you’ve contracted with your employee. Your employee needs to attend work for the hours that they’ve signed to do, unless they’ve agreed to take annual leave or in some other way agreed to a change. An employee who frequently fails to be available to carry out their contracted hours can be accused of “frustrating” the contract of employment. Frustration of contract can lead employers to a decision to terminate the employment relationship. This kind of decision needs care. The law Parental Leave Parental leave can be used […]
Managing an employee with cancer can be hard. An employee who has cancer is considered, in law, to be disabled. An employee who has had cancer and no longer has cancer is considered to be disabled. All cancers are included. Employees don’t have to tell you that they have cancer. If they don’t tell you your chances of managing an employee with cancer appropriately will obviously be affected. This isn’t just a problem of an aging workforce. 22% of people claiming income protection for cancer treatment or care are under the age of 40. There’s a strong legal, moral and business case for managing employees with terminal illness sensitively. This includes supporting people to stay in work with a terminal diagnosis, and/or helping them to leave work at an appropriate point. There are a number of benefits for the organisation of managing an employee with cancer sensitively: managing an employee with cancer effectively can help limit the cost of long-term absence and the costs of recruiting a replacement. you have a legal obligation to consider reasonable adjustments for employees with cancer. While reasonable adjustments are a legal obligation, they’re not always easy. What might be a reasonable adjustment one day, may not be […]
According to employee benefits firm Neyber, “How can I help an employee worried about debt?” is not a question many employers are likely to ask. The Neyber survey suggests that 67% of employees believe that their employer doesn’t care about their financial wellness. It also suggests that only 3% of employees would turn to their employer about their financial worries. Lack of financial wellbeing has a significant impact on the productivity and health of the workforce 55% of employees said being under financial pressure affects their behaviour and ability to perform their job in the workplace 51% of employees say financial pressure affects their relationships with colleagues 46% of employees say financial pressure affects their relationship with their line manager The average household owes £7.413 in unsecured debt, 9.45 million people in the UK have no savings and 17 million people only have £100 savings. It’s maybe not then surprising that any workforce at any one time will have some members struggling with money. It makes the question “How can I help an employee worried about debt?” much more likely to be asked, especially if employers set their stall out to be more open about discussing financial worries. We are not advocating […]
Conflict is a huge contributor to workplace absence and stress. Many people ask, how mediation can resolve conflict and absenteeism. It seems if an organisation can develop a culture of conflict resolution, then conflict can be nipped in the bud. Rather than leaving it to fester and grow, causing the stress that may lead to absenteeism. Howver, there is a process which allows individuals in conflict to find an informal resolution to their issues quickly and effectively. An organisation could invest time in training line managers to hold difficult conversations. Ones that many of us attempt to avoid, It teaches listening techniques and can promote a culture of openness, dialogue, honesty and integrity. If conflict is already an issue in your organisation, considering strategies to deal with existing conflict may be beneficial to you. Mediation is a technique that can be a powerful intervention with a high success rate. It is a confidential, voluntary and informal process that allows members of staff in conflict to have open and honest discussions through a qualified mediator. It allows them to clarify the issues that so often lead to communication breakdowns and misunderstandings. So, How Mediation Can Resolve Conflict and Absenteeism Mediation focuses on re-establishing a working relationship […]
Return to work interview Besides knowing how to do a return to work interview, it’s good to know why we do a return to work interview. They are necessary for good housekeeping in your workplace. They are just one of the things that companies may wish to consider introducing to keep track on the comings and goings of employees. The interview will let you see what was behind the absence. This is important because after a while you might start to see trends. For example, you have an employee absent a lot with back pain or headaches, which could indicate a problem with seating, lifting or lighting, for example. Remedying these issues could save you lots of absences – not to mention legal action. There’s evidence that companies who introduce Return to Work interviews experience a reduction in sickness absence. It shows that you are taking absence seriously and possibly also a “fear factor”. Some employees who might in the past have taken the odd day off when they just couldn’t be bothered to come to work might be wary of being “found out” if they slip up in the interview by contradicting their original cover story. Companies don’t demand […]
People are going to be off sick from time to time. Most employees feel bad about letting down their colleagues, but how do you deal with frequently sick employees? Absence because of sickness, or another unexpected reason, can put your business in a tricky situation. Particularly if you have no policies in place for dealing with it. It can result in lost productivity and unhappy customers. It can adversely affect the other employee’s morale, if the absent employee’s duties are added to their workloads. This may also leave you having to pay for both the absent worker and their temporary replacement. Frequently Sick Employees A sickness policy, conducting return to work interviews and line manager training on dealing with sickness absence are helpful tools. You need to know why staff are off and when they will be back. Some of the types of absences you may have to deal with as an employer: short-term sickness absence which lasts less than a week. repeated short-term sickness absences which may, or may not, follow a pattern. unauthorised absence for other reasons. Sickness absence can be caused by a mixture of: an employee’s general physical condition. working conditions, including health and safety standards, […]
