Intermittent absence

Some key arguments include:

• Does the employer apply its absence procedure consistently, or is it applied more harshly against, for example:

◊ staff with caring responsibilities;

◊ black and minority ethnic staff;

◊ trade union reps;

◊ different groups of workers; or

◊ staff with chronic health problems or disabilities.

• Is the employer applying it rigidly, rather than thinking about the circumstances of this particular individual?

• Are there medical reasons for the absences, and has the employer investigated these properly and provided adequate support and access to occupational health where available?

• What about the individual’s past record? What has changed to cause a sudden deterioration? Is it temporary, for example, difficulties at home because a partner has left?

• Is there a reason to believe matters are likely to improve in the near future?

• Has the employer used surveillance evidence? (see Chapter 4)