Keeping in touch with absent staff who are off sick 


Many sickness absence procedures contain rules for keeping in touch during sickness absence. These rules may require employees to contact their employer at regular, even pre-set, intervals. They should not be implemented in an unreasonable manner. 


When sensitively managed, regular contact between employer and employee is generally recognised as good practice in terms of encouraging someone back to work. The Health and Safety Executive says “regular contact helps to keep work on their agenda and offers good opportunities to plan the return to work”. Many procedures are designed to encourage contact. However, if an employer turns up unexpectedly or telephones too frequently or at inappropriate times of the day this is likely to be intrusive. A rep can help the member to organise with the employer the best time, method and regularity of communication during long-term sick leave. 


Employees who are off work for four weeks or more may be referred by their employer or GP under the government’s Fit for Work Service (see page 263). 


Failing to make arrangements to keep a worker off sick as a result of disability as well informed as their non-disabled colleagues over important work developments, such as redundancy, or the availability of voluntary severance, is likely to breach the duty to make reasonable adjustments (Chawla v Hewlett Packard Limited [2015] UKEAT/0280/13/BA). In some circumstances, it may be a reasonable adjustment to maintain access to work email and intranet. 


Even if an absent worker is not disabled, failing to inform and consult them over important changes to contract terms is likely to be a breach of the duty of trust and confidence. There are also important specific statutory duties to consult collectively in the context of redundancy or TUPE transfers (see Chapters 11 and 12). Special arrangements must be made to make sure absent workers are not forgotten.