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Post-termination restrictive covenants

Absence management

Employee absence is a problem that many employers struggle to deal with. Persistent short-term or long-term absences from work can cause major financial issues for employers, not to mention the additional strain on other employees who often end up picking up the slack.

Employers need to understand the cause of the absence before putting in place the appropriate processes to manage it. This may include making adjustments to allow an employee with a disability to return to work, taking disciplinary action, or exiting staff members who are unable or unwilling to return to work. Employers need to tread carefully, otherwise they could be putting their business at risk of discrimination claims.

Whether you’re considering supporting employees back to work or terminating their employment, Loch Employment Law will advise you on the most appropriate course of action, while supporting you through the entire process.


“The speed of their service levels combined with high quality advice always exceeds our expectations and as a result we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Employment Law to any business.”

Operations Director, Professional Services

How Loch Employment Law can help

Our expert employment lawyers will work with you to understand your unique circumstances, providing guidance and advice on the various options available to you. By working with our HR Medical Specialists we can help to investigate and manage any sickness that is not genuine, or uncover the root cause of any absence, ensuring that employees are managed and supported effectively.

We will also help you consider and make any necessary adjustments to support a return to work for staff members with a disability.

Our employment lawyers can also assist with a range of additional absence related problems, whether they are organisation-wide or related to one or more individuals. These include:

  • Reviewing, implementing and communicating absence management policies
  • Reviewing your current sick pay arrangements
  • Advising on disciplinary processes or exiting staff
  • Advising on drug and alcohol testing
  • How to manage any absence related to mental health issues
  • How to manage and support employees due to terminal illness
  • Return to work procedures and reasonable adjustments

Supporting employees while protecting your business

It can be hard to strike the balance between fairness and support on the one hand, which pragmatic, business-led decisions on the other. It’s also common for employers to struggle with the sensitivities of employee absences, particularly when it comes to stress, mental illness or serious physical conditions. Our experts can have the conversations with employees that your managers may not know how to handle.

Whether your ultimate goal is to see the employee make a return to work or to exit them, Loch Employment Law can help you develop your strategy – ensuring your business not only supports the needs of staff, but is also protected from any claims.

“The expertise of Loch Employment Law made me feel in very safe hands. Caroline was thorough at explaining the legal situation, giving clear advice and was committed to getting me a fair outcome”

Senior Professional

“Thanks for all your help. Very impressed how you pressed the negotiations forward on Wednesday to allow us to reach a quick resolution.”

App Developer

“Being a new employer can be very daunting but she gave me the confidence to forge ahead with the process always explaining things in a straight forward manner.”

Dave Mac, Employer