The first step is to arrange a meeting with the employee to discuss the contents of the report. Ask where they would like to meet - at work, at their home or somewhere neutral. You will need to discuss the following:
- The outcome of the doctor's report
- The employee's opinion as to their condition
- The nursery's requirement for the employee's work to be done in their absence. The employee should be kept fully informed if their employment is at risk, and of the consequence regarding future employment should they not be able to return
- Temporary flexible working arrangements or adjustments
- Suitable alternative employment if the report indicates a return to the original job inappropriate
- If the doctor's report is inconclusive, it may be necessary to ask the employee to attend an occupational health assessment. Once you receive this report you will need to repeat the above steps
At this stage you will need to make a judgement as to whether the job can be kept open taking into consideration:
- Likely duration of absence
- Employee fulfilling their normal duties on return
- Length of service
- Employer's need for work to be done
- Employee's skills and potential
- Capability of doing another job at the nursery
- Whether 'disabled' under the Equality Act and if any reasonable adjustments might permit retention in the job - or another job.
If the employee returns to work, you may request a note from their doctor to say they are fit to return to work.
If you are unable to hold the position open any longer, and all alternatives have been discussed with the individual, then the employee may be dismissed. This will be with the correct notice pay plus payment for any accrued but untaken holiday. The employee must be given the right of appeal.
You will need to consider the needs of employees returning from sickness absence to aid their recovery.
Alternative positions and arrangements should be discussed. Employees should be aware that unreasonable refusal of suitable alternatives may result in dismissal.
It is difficult to terminate an employee's contract due to ill health but sometimes there is no alternative. Make sure you follow your absence procedures. I would recommend a separate procedure that deals with dismissals due to capability.
Jacqui Mann is managing director or HR4Nurseries (www.HR4nurseries.co.uk)
