LIVERPOOL’S defeat in the European Cup final will have had many fans out till late drowning their sorrows.
The hangover and prospect of taunts from work colleagues may make the temptation to take a day off “sick” too much to resist.
Should employers have to accept staff “pulling sickies” as a necessary evil of the European Cup Final loss?
An employee skiving is a serious offence and an employer can legitimately take action that would normally include a disciplinary warning or even dismissal.
However, it has to be remembered that the employee's legal rights have to be respected.
All employees with one year's service have the right not to be unfairly dismissed.
If an employer suspects a worker was skiving and dismisses without first investig- ating the problem and making certain the absence was not genuine then it is likely that a claim for unfair dismissal would succeed in the employ- ment tribunal.
Even where the matter has been investigated and the absence is found not to be genuine, consider-ation will have to be given to the appropriate level of disciplinary sanction.
That will depend upon the individual circumstances of the employee.
One factor to take into account is whether the employee has received previous warnings in relation to their attendance.
Overall, “reasonable-ness” is the key in this type of situation.
KERSTIE SKEAPING is an employment partner at Halliwells.