Employee disputes over absenteeism

How DAS Law can help

When an employee is absent from work there is often a legitimate reason for their absence. But when an employee’s absence becomes a regular occurrence, your business could suffer.

Our highly experienced team of over 30 employment lawyers can provide you with practical legal advice and representation if you have a dispute over absenteeism.

Outcomes we can achieve for you

These are some of the possible outcomes we can achieve for you:

  • Advise on the options you can pursue to resolve the dispute.
  • Advise on settlement discussions with a view of reaching an agreement for your employee to exit your business.
  • Representation and guidance should the employee take the dispute to an Employment Tribunal.
  • Review and advise upon any training needs or workplace policy changes.
  • Here are some important things you should be aware of if you have a dispute over absenteeism:

    • Our lawyers are highly experienced in handling many types of disputes with employees including, but not limited to: absence, discrimination, remuneration, performance and flexible working.
    • The first step of handling a dispute over absence is to informally discuss the issue with your employee and to clearly make them aware of the facts and make sure you understand the reasons for the absenteeism.
    • If your employee is not satisfied with the end result of the process, they may decide to bring their case to an employment tribunal.
    • Often there are limited grounds for an employer to recover costs in the Employment Tribunal.

    How much will it cost?

    If you would like DAS Law to help you manage a dispute relating to an employee’s absenteeism, there are a number of ways of funding your legal costs, including:

    Legal Expenses Insurance (LEI)

    If you have a commercial insurance policy which includes Legal Expenses Insurance (LEI) cover, your legal costs may be covered by your policy (subject to the terms and conditions of the policy). If you are unsure if your insurance policy includes LEI cover, we will check this with you.

    No Legal Expenses Insurance

    If you do not have this cover, we offer fixed fees and discounted hourly rates. Our employment law specialists will be happy to explain these options to you.

    Commercial LEI

    What to do next

    If you would like to speak to an employment expert about employee absenteeism, please contact us by calling 0345 604 7298, or email enquiries@daslaw.co.uk.

    Call us Email us

    Catherine Almeida

    Principal Associate (Acting), Solicitor

    Learn more
    Kimberley Whalen-Blake

    Acting Head of Employment, Solicitor

    Learn more
    Tessa Faverty

    Senior Associate, FCILEX

    Learn more

    If an employee has a regular pattern of absenteeism, your business. Our pragmatic advice will help you deal with the issues in a way that minimises disruption to your business

    Allison Whiston, Commercial & Employment

    Read more helpful information on the DAS Law blog

    Employment disputes Scope of ‘injury to feelings’ expanded by employment tribunal

    In employment law, awards for ‘injury to feelings’ have historically been permitted only in claims linked to discrimination, whistleblowing, and trade union membership, but the situation may now have changed.

    May 2019
    Employment disputes , Protecting your business When can company directors be personally liable?

    The recent High Court case of Antzuzis & Others v DJ Houghton Catching Services & Others is a stark reminder of how company directors can be personally liable for their acts.

    May 2019
    Employment disputes 10 employment law changes to look out for

    Hayley Marles highlights ten changes that HR professionals & business owners need to be aware of, including Brexit immigration rule changes.

    April 2019
    Employment disputes , Protecting your business 6 tips for giving your business a “spring clean”

    Are your staff handbooks up-to-date? Are your staff taking all of their holiday allowance? Give your business a spring clean with these six tips for a clean and tidy SME.

    April 2019
    Employment disputes What to do if your employer stops you working from home

    Lindsey Hunt, Legal Adviser at DAS Law, provides some insight regarding employees and their right to work from home.

    March 2019
    Employment disputes The Big Gig Rejig – what employers should know about the gig economy

    DAS Law Solicitor John Griffiths explains what the ‘gig economy’ means and how businesses can help themselves today when it comes to clearly defining the status of their people.

    March 2019
    Employment disputes 9 things employers need to know about apprenticeships

    With National Apprenticeship Week approaching, we explain what employers need to consider regarding apprenticeship schemes and their legal obligations.

    February 2019
    Employment disputes How veganism could soon be protected by law

    In March this year an employment tribunal will have the task of deciding whether veganism is protected by law. DAS Law’s Emyr Gwynne-Thomas takes a look at the case and some of the key questions it raises…

    February 2019
    Employment disputes Your rights if it’s too cold in the workplace

    As the winter weather arrives with a vengeance, chilly workplaces across the UK are potentially having serious impacts on the health and effectiveness of employees.

    January 2019
    Employment disputes Winter commuting: I thawed the law

    If you run your own business, bad weather can cause chaos when staff can’t get in. What employment law regulations are in place when handling transport troubles in winter?

    January 2019
    Employment disputes Is a hug harassment in the workplace?

    Following the news that employees at fashion house Ted Baker have launched a petition over ‘forced hugging’, DAS Law’s Lucy Kenyon looks at what is acceptable in the workplace, and what could be considered harassment.

    January 2019
    Employment disputes 8 things SMEs need to know about wrongful dismissal

    DAS Law’s Michaela Smeaton gives us the low-down on wrongful dismissal, and suggests a few things you can do to protect your business against these claims.

    December 2018
    Employment disputes Working on Christmas Day – your rights if you end up on the rota

    It's a day of rest for millions, but for others it’s double the workload as business continues as normal – but with fewer staff. Can you refuse? Hannah Parsons outlines your rights.

    December 2018