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

    Allison Lewis

    Head of Employment, Solicitor

    Learn more
    Catherine Almeida

    Principal Associate (Acting), 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 Lewis, Head of Employment

    Read more helpful information on the DAS Law blog

    Employment disputes Can employees refuse to return to work if they feel unsafe?

    Can an employee refuse to return to work due to fears of contracting Covid-19? Where does the law stand if employees decide to ‘take a stand’?

    July 2020
    Employment disputes Flexible furlough: what you need to know

    Employers are left trying to understand how the recently ‘flexible’ CJRS can be used as we come out of lockdown and more businesses reopen and bring back their workforces.

    June 2020
    Employment disputes Redundancy: an employer’s guide

    Hayley Marles and Simon Roberts – both Senior Associates at DAS Law – look at what an employer needs to know about redundancy.

    June 2020
    Employment disputes Redundancy: an employee’s guide

    Hayley Marles and Simon Roberts – both Senior Associates at DAS Law – look at what an employee needs to know about redundancy.

    June 2020
    Employment disputes , Protecting your business The return to work: a guide for employers

    Lucy Kenyon looks at what employers need to consider when returning employees to work.

    May 2020
    Employment disputes The Job Retention Scheme: have you got it right?

    DAS Law Associate Carly Owen looks at the latest developments regarding the government’s Job Retention Scheme.

    May 2020
    Employment disputes , Protecting your business Health and safety and computers

    Employers need to manage the risks to their employees of working at computers for long periods of time. DAS Law’s Bethan Mack explains.

    May 2020
    Employment disputes ‘Self-isolation’ – what it means and its possible impact on your rights and pay

    More and more people in the UK are being told to self-isolate to minimise the spread of the Coronavirus. What impact will this have on workers’ rights and pay?

    February 2020
    Employment disputes Do employees get extra pay on a leap year day?

    Every four years, many workers find themselves cramming an extra day of work into an already packed year. But are workers in the UK entitled to extra pay for this extra work?

    February 2020
    Employment disputes Braving the storms: what every employee and employer needs to know about winter commuting

    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?

    February 2020
    Employment disputes My employer is advertising my job. Where do I stand?

    DAS Law’s Lauren Woolf explains what to do if you find out your employer has been advertising your job without informing you that you are being dismissed.

    January 2020
    General advice , Employment disputes Beware the perils of sharing colleagues’ Christmas party antics on social media

    Are people allowed to record and share your more embarrassing moments without your permission? What does the law have to say?

    December 2019
    Employment disputes , Goods and services disputes All you need to know about tipping

    Are we legally obliged to tip? Does that money actually go to the staff or is it kept by the business owner? Thomas Pertaia has the answers.

    December 2019