- Client Type: Hospitality (hotel, restaurant and spa)
- Location: Yorkshire
- Problem: Management of the absence of a team member tacitly working with dementia
- Service Provided: Outsourced employment law and HR retainer
The Underlying Issues Behind the Absences from Work
A highly reputed Yorkshire hotel didn't have a playbook for it when one of their longest-serving kitchen staff started taking uncharacteristically increasing and frequent absences from work.
He was suffering in silence, losing his way when cycling home, and becoming confused mid-shift.
Nobody had a diagnosis to attribute his workplace absenteeism to. But it was worrying, given he worked with knives, hot equipment, and a busy pass. Management and colleagues could see he was showing signs of cognitive decline.
Be that as it may, sickness absence policy trigger points are designed for broken bones and bad backs, but not for watching a trusted employee slowly lose their bearings.
The Challenge with Management of Absence in Opaque Circumstances
- No formal diagnosis existed = no clear disability
- Clear and present safety risk in a working kitchen
- An employee frightened of losing his job and sense of purpose
- An employer wanting to do right by him, while also protecting the business and people who worked with and around him
In this case, management of absence trod a fine line between a policy exercise and a human trauma.
Why They Turned to Taurus Employment Law & HR
The client needed an expert who could hold both sides of the problem simultaneously:
- Employment law to the letter
- Respectful treatment of a vulnerable employee suspected of working with dementia
Fortunately, this is what we do really, really well - legal rigour combined with befitting empathy.
How We Supported Both Sides
The client was methodically supported through every step of the management of absence process, which incorporated:
- Commissioning an occupational health assessment to understand capability and risk objectively
- Exploring every alternative role realistically available, although there wasn't a safe option
- Drafting every letter and communication with clarity and compassion
- Guiding formal management of absence step by step, so nothing was rushed or missed
Aiding an extremely difficult conversation when termination was the only responsible outcome
The Result
His employment was terminated, and he cried. But he also recognised it was the right call, enabling him to step back and get the care he needed, instead of trying to mask his absences from work under the guise of workplace pressure.
Moreover, the client acted lawfully, safely, and humanely, without any risk of a tribunal claim or reputational fallout, thanks to a well-handled, documented, and importantly, kind process.
This is what exemplary management of absence looks like when the textbook answer doesn't fit the human dilemma in front of you.
Wrangling a Complex Workplace Absenteeism or Capability Case?
Don't wait for things to unnecessarily escalate if you're managing an employee's absences from work and the situation feels murky.
Like our client, perhaps you’re juggling similar factors, such as:
- No diagnosis
- Potential legal grey area
- Human emotion
At Taurus HR & Employment Law, our early, expert advice protects your business and your people. Get in touch for outsourced HR and employment law support that puts morals before money.
