D-BRIEF – Employment & Pensions Blog: ACAS sickness absence guidance

ACAS has recently updated its guidance on managing sickness and other types of absence in the workplace.

The updated guidance

ACAS have published two new guidance sections on ‘Recording and reducing sickness absence’ and ‘Absence trigger points.’

Recording and reducing sickness absence

The guidance sets out how it is helpful to record sickness absence to help the employer:

• Monitor if there are issues with absence levels to compare these with other similar organisations.
• Identify common reasons for sickness absence to identify how to address them.
• See if absence levels are higher in certain groups, e.g., new starters, which could suggest an issue with an employer’s induction process.

When recording sickness absence the employer should record the number of absences, the length and reason for each absence. However, when recording absence, an employer must not discriminate against the employee. Recording the reason for absence could help an employer record absences separately, e.g., if the employee is pregnant, it will be easy to identify which absences relate to pregnancy.

Trigger points

Although there is no legal rule as to how or when absence should be reviewed, the new ACAS guidance states having absence triggers, or a review point, is an effective way to manage absence. Absence triggers are usually based on a set number of absences, or the length of an absence.

If an employer chooses to use absence triggers, it should be clearly stated in the absence policy what the triggers are, how an employee will be told they have reached a trigger, and the consequence of doing so, e.g., starting an absence review. It is also important that the employer does not discriminate against an employee, as a disabled employee may need to take more time off for medical treatment so may reach the trigger point quicker than someone who is not disabled. Employers can always consult Occupational Health for their view on whether absence triggers should be amended.

When conducting an absence review the employer should follow their absence policy and have a conversation with the employee to check on their wellbeing, discuss the reason for the absence, and discuss how they can be supported.

Comment

Having clear absence policies can help monitor the level of absence and will make it clear what is expected of the employee and how absence levels will be managed. It is important employers are consistent and fair in their approach when applying the policy, but also having the policy allow for some flexibility to consider individual circumstances.

It is important that employers do not use trigger points as an automatic way to start a disciplinary process. This may cause the employees to view the system as a punishment and may deter them from taking leave when unwell to avoid reaching a trigger. The trigger points should also be flexible to help avoid discrimination. Employers need to consider each case on an individual basis and decide whether the trigger points should be adjusted, or whether absence related to disability or pregnancy should not be included within the trigger at all. This could be considered a reasonable adjustment for the employee.

If you need any guidance on how to manage absence within your workplace, or a review of your absence policies, please contact our Employment Team.