Chris Leitch: Swine flu issues for employers and workers

Published on Monday 10 August 2009 09:14

Key to managing risk of the illness is communication says Chris Leitch

THE Scottish Government seems to be suggesting to employers wanting to prepare for swine flu that they should to consider how they would cope with total absences of 10 to 15 per cent of staff lasting seven weeks, and absences of 20 to 30 per cent during the worst fortnight of the pandemic.

Think about what that would mean if it comes true. More than one in ten in your workplace off. More than one in ten postmen, delivery drivers and suppliers. Add the normal holiday absences and the normal sickness absences. Then add those who are "pulling sickies."

A lot of businesses are still struggling with the effects of the credit crunch and recession. A lot of people are worried about job security. Employers are under the pressure to make sure that they meet customer demands.

Allegations that workers are lying about illness and taking advantage of the swine flu pandemic to get an extended break might therefore seem surprising.

Despite the complexity of employment law, employers still have quite a bit of room to manage sickness absence actively as long as they get it right. If an employer catches an employee deliberately pretending to have swine flu to obtain a longer summer break, it is potentially a sackable offence.

Employers have to be careful, as a suspicion and a reasonable belief on which they can lawfully act to dismiss are two very different things.

Some staff may simply be afraid of being infected. Over sensitive employees should beware. Employers are not acting unlawfully if they take the view that it is not a good enough reason not to come into work.

Employers should look at areas such as health and safety issues, staff information on how to reduce the risk of infection, sickness absence monitoring, how to deal with clients who might be exposed if swine flu affects a particular office.

The key to managing risk, as in most business activities, is preparation and communication.

Chris Leitch is an associate in the employment team with lawyers Tods Murray