Does an employer have a duty of care?

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Expand view Topic review: Does an employer have a duty of care?

Re: Does an employer have a duty of care?

by Primrose » Tue Oct 18, 2016 10:50 pm

November wrote:So if someone doesn't phone work and say they're not coming in then you just ignore them? If they are supposed to call and don't it is perfectly reasonable to call them. They are obliged to call in line with company policy. You can't just not bother to turn up for work. Likewise they could have been hit by a car on the way to work and might need help!

Obviously if they have called it's totally different.
Well I think that if they just out of the blue don't turn up that would be different to speaking to them on a Friday when they tell you they are out with work related stress, and then not hearing from them on the Monday. In the 2nd case I'd be more cautious and allow a bit more time before trying to make contact in case they were going to their doctor etc, also because I'd already be on notice of them being out of work.

If someone just didn't show up for no apparent reason I'd be trying to make contact with them for sure.

Re: Does an employer have a duty of care?

by Elsie » Tue Oct 18, 2016 10:40 pm

so worried co worker...... what did you decide?

Re: Does an employer have a duty of care?

by November » Tue Oct 18, 2016 9:15 pm

So if someone doesn't phone work and say they're not coming in then you just ignore them? If they are supposed to call and don't it is perfectly reasonable to call them. They are obliged to call in line with company policy. You can't just not bother to turn up for work. Likewise they could have been hit by a car on the way to work and might need help!

Obviously if they have called it's totally different.

Re: Does an employer have a duty of care?

by callalily » Tue Oct 18, 2016 9:05 pm

Bubbles wrote:
callalily wrote:My friend found it very stressful when her boss kept contacting her on sick leave. I suppose each case is individual.
Exactly, that's what I was trying to say. I know where I work there are some people I know I could ring to see how they were but others I'd be afraid that would have a fit and accuse me of trying to get them back to work.

My friend wasn't angry or accusatory about it, she just felt very stressed knowing her boss would be calling her despite being told the reason for and duration of her sick leave.

Re: Does an employer have a duty of care?

by Primrose » Tue Oct 18, 2016 8:50 pm

I would be very wary of making contact with someone who hadn't shown up/rung in sick if they had rung in sick the previous week with work related stress. Contacting someone in that situation could be easily read as harassing them/putting them under more stress.

If I had genuine concerns I would be trying to make contact unofficially via a friend etc.

Re: Does an employer have a duty of care?

by Bubbles » Tue Oct 18, 2016 8:33 pm

callalily wrote:My friend found it very stressful when her boss kept contacting her on sick leave. I suppose each case is individual.
Exactly, that's what I was trying to say. I know where I work there are some people I know I could ring to see how they were but others I'd be afraid that would have a fit and accuse me of trying to get them back to work.

Re: Does an employer have a duty of care?

by callalily » Tue Oct 18, 2016 8:27 pm

My friend found it very stressful when her boss kept contacting her on sick leave. I suppose each case is individual.

Re: Does an employer have a duty of care?

by Bubbles » Tue Oct 18, 2016 8:22 pm

It could be seen as the employer putting pressure on the employee to return to work or even bullying by making contact. We are not really allowed to contact anyone who is off sick for this reason but depending on the personal relationship I'd have with them, I'd usually text to see how they are.

Re: Does an employer have a duty of care?

by HFC » Tue Oct 18, 2016 7:35 pm

CountryChic wrote:I think sometimes you just can't win ,if employer doesn't get in contact ,they don't care
And if employer does get in contact the employee might feel they are being put under pressure ,it's a tough one to call without knowing the facts 100%
This!

On top of that, it's not as easy as "oh, Mary isn't in yet and we expected her two hours ago, better call her next of kin". There are considerations that have to be made there too.

Re: Does an employer have a duty of care?

by Thatgirlcandance » Tue Oct 18, 2016 1:14 pm

We were worried about a co-worker as she was very very sick, out long term and lives alone, miles from anywhere. I contacted the employee assistance officer who called her and then helped her to deal with personnel etc. I agree there is a duty of care.

Re: Does an employer have a duty of care?

by DiscoGirl » Tue Oct 18, 2016 12:09 pm

I think sometimes you just can't win ,if employer doesn't get in contact ,they don't care
And if employer does get in contact the employee might feel they are being put under pressure ,it's a tough one to call without knowing the facts 100%

Re: Does an employer have a duty of care?

by CocoRose » Tue Oct 18, 2016 11:56 am

I'd often get a text from the person I work with if I called in sick and no one told her, I do the same with her as she lives on her own and has a medical condition so I feel like if she hasn't come in I better check but we'd be friends really as well as co-workers.

How often do we hear about cases where employer noticed x had not come in to work as the start of a sad story, it really is basic common sense to check if there's anything sinister behind a no show, particularly if there's been a stress issue in the same week.

Re: Does an employer have a duty of care?

by Elsie » Tue Oct 18, 2016 11:38 am

The person phoned in on Friday and spoke to who? if it was the manager they may have said they are taking next week off or going to the doctor and will send in a cert.
Said manager may be showing non committal to you all worrying that you cant contact them as he knows the above but is not at liberty to tell you about a co-workers situation. Although if this was the case I would expect the manager to say that they have instruction from the employee and will ye all get back to work??!!!

On a personal note, IF you are a friend of the employee, could you pop by after work with a packet of biccies for a cuppa and a chat? - I will add that theres only certain friends of mine at work that I would appreciate this from!

Re: Does an employer have a duty of care?

by November » Tue Oct 18, 2016 10:57 am

I don't know about a duty of care but if they have any humanity they would!

I know of a case where this happened and the person was injured in a fall and couldn't get to the phone. They got medical attention but only because of someone calling to the house.

Re: Does an employer have a duty of care?

by Donnie » Tue Oct 18, 2016 8:35 am

Capricorn wrote:Yes, in my opinion they absolutely have a duty of care in this instance. We only had this conversation yesterday in work. I work for a large bank and in the instance you describe common sense would prevail. All efforts would be made to contact the employee by contacting next of kin. Our managers have driven out to an employees house where they can't get in contact with anyone.
Agree, a good employer should show concern. Starting with s téléphone call though.

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