Employee constantly keeps on complaining about back pain

sulphate

Just because the guy is capable of playing football doesn't mean he is incapable of having a bad back - it depends what the cause of the pain is. If the cause is that he sits all day hunched in an unsuitable chair in front of a flickering computer screen (for example) playing football or doing any form of exercise may help.

An OH referral is probably the best plan if feasible. If this is an ongoing thing perhaps ask if he is seeking referrals through his GP for physio/further advice etc.

bargainbetty

You should also look up the statutory sickness payment rights on the .gov.uk website, and see how it would apply to him.

You have the right to invite him to a formal meeting about the issue. State that you are concerned about his ongoing health problems, and wish to bring in an occupational health advisor to assess his workload and what can be done to accommodate him. You can also request a report from his doctor for the ongoing problem, with his permission.

It might be genuine. Stop listening to gossip and talk to the employee directly.

marybelle01

dori2o wrote: »

The OP has said there has been 'a week or 2 absence now and again'. Does that mean that this employee should never be able to play football again because he's had a week or 2 off?

Do we know if the employee played during the weeks he was off work? More to the point does the employer know if this is the case?

This is the sort of informtion the EMPLOYER is responsible for finding out from the EMPLOYEE, not from idle tittle tattle in the workplace.

Would those who believe this person is swinging the lead think the same thing if this was any other condition other than a 'Bad Back'?

I ddi not suggest that the person was swinging the lead. But the OP mentioned one or two weeks off on a few occasions - which is more than a week or two; and also a tendency to be sick with a bad back on a Friday or a Monday. That is a pattern of concern - for any employuer. For a small employer who has staff who are becoming !!!!ed off with their colleaguie for not pulling their weight, it is of significant concern, Maybe they shouldn't be gossiping no - but they are and they do not like the fact that they believe someone is swinging the lead. The only way to tackle that is to deal with the matter, and if the eprson is not fit enough to pull their weight in their employment, then the option to dismiss of capability grounds exists, whether it is frequernt bad backs or frequent flu. Basically, in this day and age, no employer is likely to sit back and let an employee have regular and frequent sickness absence, and other employees feel aggreieved if the burden of this always falls on them. Sicness policies are not about genuine or not - they are about not taking too much tme off sick.

dori2o

marybelle01 wrote: »

I ddi not suggest that the person was swinging the lead. But the OP mentioned one or two weeks off on a few occasions - which is more than a week or two;
Actually this is what the OP said-

theinquirer123 wrote: »

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!!!

and also a tendency to be sick with a bad back on a Friday or a Monday. That is a pattern of concern - for any employuer. For a small employer who has staff who are becoming !!!!ed off with their colleaguie for not pulling their weight, it is of significant concern, Maybe they shouldn't be gossiping no - but they are and they do not like the fact that they believe someone is swinging the lead.
It has nothing to do with the other employees. It is a matter for the employee who claims to have the medical problem and the employer. Thats it.
The only way to tackle that is to deal with the matter, and if the eprson is not fit enough to pull their weight in their employment, then the option to dismiss of capability grounds exists, whether it is frequernt bad backs or frequent flu. Basically, in this day and age, no employer is likely to sit back and let an employee have regular and frequent sickness absence, and other employees feel aggreieved if the burden of this always falls on them. Sicness policies are not about genuine or not - they are about not taking too much tme off sick.

Again I never said anything different. I merely suggested that the employer follow proper practice, including an OH referral if possible, to ensure they were meeting their statutory obligations.

Nowhere in those statutory obligations does it say you should listen to, and make decisions based on office gossip.

The employer has an obligation to ensure they have followed their own proceedures and also complied with what the law says they must do.

Prothet_of_Doom

Firstly you need a sickness policy written down, and need to be having formal return to work interviews. Maybe require a sick note for every absence (you can agree to pay for it).
You need to instigate Manual handling training and display screen equipment risk assessments too.

Then there is a law which allows you to formally ask for access to medical records, (they can decline as is their right, but you can take that fact into account when deciding whether to move towards dismissal)

Use the return to work interview to push the point that you want to be reasonable, but that you might be moving them towards the door if it continues.

But HR advise from a professional first.

spacey2012

If you are paying your employees when they are off sick then I think you know why they are off sick.
In similar situations like local authorities where people are paid to be ill, the average is 15 days paid sick, this incorporates those who do not take the proverbial so the real average amongst laggers is far higher.
Now look at say the building trade where the work is often as hard as hard work ever gets and nobody gets paid a penny, no work = no pay, sick or not, claim SSP is the only route.
You would be lucky to find anyone who has had 15 days off in a lifetime due to sickness.

Review your sickness policy and I bet it stops, if it does not, the take the rest of the week off with no pay usually works.

Jordo

It's not discrimination - if the person can no longer fulfil the duties set out in their contract they they have signed they can be let go. Simple employment law.

Jordo

jacques_chirac wrote: »

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!

If they are under two years' employment they have next to no rights I'm afraid and can be let go at any time.

freeasabird

The job market is so cutthroat these days; it is possible that your employees have organised a whispering campaign against the employee with back pain without any real evidence.

Also, even if it is true that the employee is trying it on (and you have no proof of that); you still have to follow the usual procedures.

It's almost as if you are anticipating problems rather than looking at solutions.

Ensuring that you are looking at the occupational health needs of the employer such as providing the right equipment (an appropriate chair for example) would be a better use of your time.

If this is an employee who has been at the company for some time and is fully trained; helping them to do their work to the best of their ability is surely easier than sacking them (which you may have no right to do anyway) as you will have to go to the extra expense of finding a new worker.

The bottom line is: who is running your business? You or the gossipmongers who may have a vested interest in getting rid of a fellow employee.

Scrootum

marybelle01 wrote: »

Work is also exercise. It just happens to be exercise that also pays the bils, which football does not. If you are fit enough for football you are fit enough for work.

If the OP is a small business then they may not have the re4sources for OH and so on - and nor do they need to. They say thay have a sickness policy, which presumably includes sanctions for too much time off work. If it doesn't, then it needs to be changed. Then use it.

In this case it appears that not going to work also pays the bills. I would change the sickness policy if people are taking the P.