Three-quarters of the British population are still forcing themselves to go into their place of work when they’re unwell – with one in three worrying that their employers won’t believe them.
New research from Patient Claim Line has uncovered the UK’s fears about taking time off work when they’re sick, highlighting a national lack of awareness about employees’ rights in the workplace.
A survey of 2,000 nationally representative Brits discovered that 76% of workers have forced themselves to go to work despite being ill, and one in three admit to doing this repeatedly.
Shockingly, a quarter of participants confessed that they worry that they may get fired if they take too many days off for a long-term illness.
So why do we Brits feel the need to put on a brave face and enter the workplace even if we’re unwell? 1 in 3 participants voiced concerns that other members of staff would think they were lying if they did take time off.
Women are the least likely to take time off when poorly, with a whopping 79% admitting to working when they don’t feel well enough to.
18-34 year-olds were revealed to be the most concerned about sick days, making up 93% of those who are the most fearful about taking time off.
Worryingly, nearly two-thirds of participants admitted to being mostly unaware of their legal rights when it comes to taking time off for a medical appointment, and nearly one-third of Brits aren’t aware of their rights as an employee at all.
Commenting on the findings, Patient Claim Line’s HR Director, Tim Scott, said:
“It is concerning to learn just how many people are worried that they won’t be taken seriously when they are genuinely sick. The research demonstrates how unaware the majority of Brits are about their workplace rights, and by the look of it, many are being taken advantage of. As a worker, you have the right to call in sick if you are too unwell to work, and forcing yourself to do the contrary could worsen your health..”
Tim Scott has also provided expert comments about workers’ rights when it comes to taking time off work for illness.
Can my employer legally dismiss me for taking too many sick days?
“One of the things that makes employment law – and employing people in general – so interesting is the fact that there are rarely two identical situations. This is why I quickly developed an allergic reaction to the idea of “setting a precedent” in my career – it’s so rare you come up against the same set of issues.”
“There are of course some legal basics in place. For example, there is no general statutory right to time off, paid or unpaid, to attend medical or dental appointments. That may change if the situation is urgent as, in this situation, statutory or contractual sick pay might be due. I’d like to think that most employers in 2022 will take a more enlightened approach to support their employees’ health and wellbeing – but it’s not guaranteed.”
Can my employer legally dismiss me for leaving my place of work when I start to feel unwell at work? Does this change if it’s done on several occasions?
“The legal standard around dismissal for ill health is reasonably well established: there are five potentially fair reasons for dismissal in UK law and ‘capability’ is one. Note that this is only potentially fair: whether a dismissal is fair will depend on the reasonableness of the employer’s decision in the particular circumstances of the case and the procedure that they have followed.”
“Various factors need to be considered, including the nature of the illness, the prognosis and prospects for a return to work, the effect of the absence on the employer and the rest of the workforce and the employee’s length of service. There are also important provisions in place protecting people who have a disability – this is an area in which to seek specialist advice if necessary.”
How can employees effectively communicate with their employer if they believe that their work is causing them to become unwell?
“Clear communication is essential throughout the employment relationship and, in my experience, never more so than in matters of health. If work is causing an employee to become unwell, the earlier they speak to someone about it, the better measures can be put in place to help. It is also beneficial for employers to have clear and universally available policies around sickness absence and especially supporting team members.”
“Ensuring that such policies are well-communicated is dependent on the individual employer but as a minimum, I would say they need to be included in any induction process for new starters, with copies publicly available on a company intranet or shared drive. A small investment in health and wellbeing provision, such as a well-run Employee Assistance Programme, can provide valuable assistance.”
Can a visit to the doctors be classed as compassionate leave so employees still get the annual leave that they are entitled to on top of this?
“Dealing with Covid has certainly been tricky for some employers and employees and is likely to continue to throw up issues. For example, there are several challenges when employees don’t want to come back to the office but the critical question will be why they are reluctant to return. There is no real protection in employment law for an employee who has general concerns about returning to the office in a post-pandemic world.”
“The only real exception would be where an individual has Health and Safety concerns that can be verified. In pretty much every situation, my advice to both employees and employers is to keep the lines of communication very firmly open and listen carefully to each other’s views to reach some kind of resolution rather than defend entrenched positions.
How can employers ensure that their sickness policy is made clear to their employees?
“As well as dealing with Covid through normal employment policies, the pandemic has created some unique issues, such as “Long Covid”. In the absence of any specific legislation to deal with Long Covid, the minimum expectations of the law are that employers should comply with the usual provisions around sickness absence.”
If I contract Covid, can my employer ask me to come into the office in line with the new government guidelines?
“From an employee perspective, as with any tricky sickness issue, a lot will depend on their employers’ policy and approach. Some will undoubtedly be generous and considerate to people affected by Long Covid; others will want to offer the barest minimum as required by the law and, because of the long-term nature of the illness, may ultimately look to move people on who have to take significant time off work.”
If your illness has not been taken seriously or repeatedly dismissed by your employers and this has led to avoidable pain or suffering, then Patient Claim Line can help. Speak to a member of our friendly legal team for free legal advice by visiting our website here.
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