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Advice on Managing Sickness Absence
This guide tries to answer some questions you might ask when an employee is absent from work due to sickness or unauthorised absence.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Industrial tribunals
To make a claim to an industrial tribunal for unfair dismissal, in most circumstances employees will need to have worked continuously for the organisation for one year. There are other types of claim, for example regarding unpaid wages, holiday entitlements or discrimination, which do not require one year's continuous service.
Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.
Probationary periods
Employers may sometimes state that a contract of employment is permanent subject to the completion of a satisfactory probationary period.
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
Qualifying periods
Most people are entitled to the rights outlined below. However, in many cases, qualifying conditions must be fulfilled before a right may be claimed. Some rights apply to all employees as soon as they start work; others depend on factors such as length of service, continuity of employment and activities in addition to the job, for example, union work.
Advice on Agreeing and Changing Contracts of Employment
This Guide is intended to give general advice and guidance about the main legal considerations which may arise when employers or employees wish to make changes to the contract of employment
Interviews
When replies to the job advertisement have been received, it is appropriate to:
• match applications against the job description and person specification;
• eliminate applicants who do not have the basic requirements for the job; and
• draw up a shortlist of candidates for interview.