Employee constantly keeps on complaining about back pain

theinquirer123

Good Morning

I run a small business and one of my employees keeps taking days off every now & again saying he has got back pains.

However, I have also overheard a few employees mention that he is just trying it on and it isn't as bad as he makes it out to be. This employee has even given me a doctors note.

Is there anything I can do further in order to make sure the employee has a genuine back problem?

paddedjohn

The problem with bad backs is that they can't be easily diagnosed and they can have good days and bad, does the job involve heavy lifting or is there a lot of sitting down involved?

DigForVictory

In law, a doctors note trumps every gossip.
For where to go next, I recommend the library. If your business doesn't have a sick absence policy, you may want to consider finding the standard one & implementing it.

Jordo

Firstly, I'd ignore what other people say, it's his back, not theirs.

A bit of upfront conversation never hurts - just ask if they think they still have the physical capabilities to continue the job, if not, they can be let go as they are no longer fulfilling the duties set out in their contract.

Not aggressive, but an arm around the shoulder "look mate, can you/ do you want to carry on?"

A careful reminder that they can be let go usually does the trick as a proverbial kick up the bum.

If in doubt, contact some free HR / legal advice if you don't have a HR person.

theinquirer123

Yes, I do have an absence policy but like paddedjohn states they cannot be diagnosed easily.

The main thing which I'm concerned about is the rumours I'm hearig that he is faking it a bit and that the doctor is a mate of his!!

spacey2012

Are you paying them to be off sick ?
If not next time, just tell them to take the whole week off and get it right 100% before comming back.
A week with no pay usually sorts the issue.

Wicked_witch

theinquirer123 wrote: »

Is there anything I can do further in order to make sure the employee has a genuine back problem?

A baseball bat to the lower spine should do the trick.

theinquirer123

Yes, I am paying them sick leave and the employee has taken a week or two off, now and again. However, it seems to be much more of a random thing - i.e. Monday morning, Friday afternoon etc. I have also heard that this person plays football at the weekends!!!

dori2o

If you are really that concerned then why not arrange for an occupational health adviser to have a look/talk with the employee. That way assuming the back pain is indeed a real issue they could be able to identify any adjustments you could put in place to help the employee manage the condition whilst they are at work, with the aim to reduce thier absence levels.

It must surely be every employers wish to retain staff, even those with medical conditions, rather than look for ways to get rid?

EDIT- re ther playing football thing, excercise is actually the best thing for bad backs. Also, you need to stop listening to the rumour mill and start looking for genuine medical advice.

jacques_chirac

Jordo wrote: »

Firstly, I'd ignore what other people say, it's his back, not theirs.

A bit of upfront conversation never hurts - just ask if they think they still have the physical capabilities to continue the job, if not, they can be let go as they are no longer fulfilling the duties set out in their contract.

Not aggressive, but an arm around the shoulder "look mate, can you/ do you want to carry on?"

A careful reminder that they can be let go usually does the trick as a proverbial kick up the bum.

If in doubt, contact some free HR / legal advice if you don't have a HR person.

Aside from the last sentence, this is bad advice. Whilst constructive dismissal is very difficult to prove, you would certainly be giving the employee ammunition by asking 'can you/ do you want to carry on?'. A careful reminder that they can be let go is even more dubious - employees do still have some rights!

I would second the suggestion of an occupational health referral. They are not going to tell you he is swinging the lead, but they can give advice on how to manage the situation, including whether (in their opinion) the employee is classed as disabled and what reasonable adjustments may be suitable. Also, if you do need to go down the disciplinary/ capability route, you can show that you have done all you could to support the employee, rather than shoving him out the door

Orville

Firstyly and i am surprised no-one has asked this.

How long has he been there?. I am pretty sure that unless it is sexual discrimination you can terminate a persons employment within the first year or two for anything. (Would like clarifaction from other posters on that one though).

Secondly. Is he entitled to sick pay within the terms of his contract?. If not, don't pay it if you think he is pulling a fast one.