Question
My receptionist has been off sick for 2 months, her sick note has expired and she's not answering my calls - what do I do now?
Answer
Disappearing employees are more common than many employers think and their disappearances can be for a number of surprising reasons. The main thing is to try to find out what has happened and if a reasonable effort produces no useful information, you will be entitled to determine that the employee has resigned by conduct.
The first indicator is that the employee has been off sick. While it is tempting to assume that they no longer wish to work for you or have simply absconded from their employment, your receptionist might be so debilitated by serious illness and/or disability that they cannot contact you. The fact is that there could be many legitimate reasons why your employee has not been in contact.
You should consider sending someone round to see if your receptionist is at home or needs assistance. We have come across employers who have, quite literally, saved an employee’s life by taking timely action to investigate a disappearance. In the event that the employee is not at home and you have no other obvious leads to follow, you should write to them without delay, explaining the circumstances and that you have determined that they do not intend to return and are therefore deemed to have resigned. However, any such letter should contain a ‘get out clause’ that if there are extenuating circumstances, the employee should get in touch with you immediately.
The key risk is that jumping the gun and assuming an employee has resigned, before trying to establish the facts, could lead to a claim for disability or pregnancy-related discrimination. For this reason, you should always seek legal advice first.
If you would like to know more, please contact Tony Hyams-Parish, Head of Employment, in confidence and without obligation by emailing Tony or by calling him on 08450 990045, or speak to your usual contact in the Employment Team.
This answer is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this article.
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