In the days before stress, back injuries were often cited by the unsympathetic as the malingerer’s disease of choice because they were difficult to diagnose. Now stress tends to make employers eyes roll with disbelief when they see it on a sick note. I’ve lost count of the number of times I have heard an employer say I don’t want to go through a procedure because he/she will just go off with stress and I’ll be stuck.
Personally I’m not sure that people used these as an excuse for days off half as much as some employers would have you believe (24 hour flu was much more prevalent in my view). However, I have experienced people going off with stress when threatened with a disciplinary hearing, so it does happen.
The point is that if someone has too much time off work, you can dismiss them and there is nothing in law that says you have to keep employing someone who is not at work. It’s not a matter of whether their illness is genuine or not (and that is often very difficult to prove), it a case of whether the business can support a large amount of sickness absence.
Of course you have to go through some procedures and checks for example getting a report from their doctor or a specialist, and seeing if there are any reasonable adjustments you can make to make sure they can attend work (and the word is reasonable here). But if at the end of the day they cannot work for you in a reliable way you are perfectly entitled to dismiss them.
More importantly however is the reluctance to deal with a disciplinary matter because you think that the employee will just go off sick. First if they go off sick you merely start the procedure for dealing with sickness absence, which makes it clear to the employee that the issue will not just go away. But secondly you also demonstrate to the other staff that the problem you were dealing with was important and that as an employer you are able to ensure people work in the way you want them to.
If you employ someone whose absence record is causing you problems give us a call on 0161 851 112