Does an employer have a duty of care?

This is a public forum allowing posting as a guest.
Message
Author
Worried coworker
Has thanked: 0
Been thanked: 0

Does an employer have a duty of care?

#1 Post by Worried coworker »

A Co-Worker rang in sick due to stress (work related) Friday.
They were due back in work today, no phone call.
Tried calling and texting no answer/reply.

Does an employer have a "duty of care" to an employee?
What action should the employer have taken (if any)?
tel
Posts: 2691
Joined: Fri Jan 16, 2015 7:41 pm
Has thanked: 2 times
Been thanked: 13 times

Re: Does an employer have a duty of care?

#2 Post by tel »

Not sure what you mean by duty of care...the employee has a duty to ring in to let employer know if returning.
Of course if it had been disclosed as work related stress employer has a duty to investigate and take action to remediate situation
rubies
Posts: 2859
Joined: Mon Apr 28, 2014 10:02 pm
Has thanked: 0
Been thanked: 21 times

Re: Does an employer have a duty of care?

#3 Post by rubies »

Are you asking if the employer should have gone the 'extra mile' to make contact with the employee and make sure that he or she is ok? And that he or she has not come to any harm?
Worried coworker
Has thanked: 0
Been thanked: 0

Re: Does an employer have a duty of care?

#4 Post by Worried coworker »

Thanks for the reply.
Employer is aware that the employee did not come to work on Friday because they are stressed due to work.
Employer was told today that staff are worried about employee as they have not turned up and are not answering calls or texts.
Employer doesn't seem to care.
rubies
Posts: 2859
Joined: Mon Apr 28, 2014 10:02 pm
Has thanked: 0
Been thanked: 21 times

Re: Does an employer have a duty of care?

#5 Post by rubies »

Has anybody ie. other employees, been in touch with family or friends of the co-worker?
User avatar
DiscoGirl
Posts: 14608
Joined: Fri Apr 18, 2014 10:23 pm
Has thanked: 58 times
Been thanked: 76 times

Re: Does an employer have a duty of care?

#6 Post by DiscoGirl »

Worried coworker wrote:Thanks for the reply.
Employer is aware that the employee did not come to work on Friday because they are stressed due to work.
Employer was told today that staff are worried about employee as they have not turned up and are not answering calls or texts.
Employer doesn't seem to care.
If employee isn't answering calls/ texts ,what else can be done? Call to their home address? not sure how the employee in question would feel about this ,unless they are very friendly with co workers
User avatar
MonkeyBars
Posts: 5584
Joined: Sat Apr 26, 2014 11:08 pm
Has thanked: 3 times
Been thanked: 21 times

Re: Does an employer have a duty of care?

#7 Post by MonkeyBars »

I know in my last job we weren't allowed to contact someone if they didn't ring in... Incase of a situation where they could be at a dying persons bedside and we were ringing to see if they were coming in. Also if we rang it could be classed as 'contact' and they couldn't be disciplined for not making contact.i think the friends (employees) would be better versed to make contact, call out whatever
Never under any circumstances take a sleeping pill and a laxative on the same night.
User avatar
HFC
Posts: 4072
Joined: Thu Apr 24, 2014 9:56 pm
Has thanked: 13 times
Been thanked: 55 times

Re: Does an employer have a duty of care?

#8 Post by HFC »

Yes, an employer does have duty of care. In a situation like that, a company should try to reach the employee and then make a decision on when is appropriate to contact next of kin.

That said, one day off for work related stress doesn't sound right. Could it be a case that the sick employee has been signed-off by their doctor and the company know, but just don't want to make it public knowledge amongst other employees.
Image
Sally
Posts: 6140
Joined: Thu Jul 14, 2016 9:05 pm
Has thanked: 66 times
Been thanked: 144 times

Re: Does an employer have a duty of care?

#9 Post by Sally »

I agree with HFC... First thing I thought when reading your last post was that it's perfectly possible the employee has been in touch with their employer, and the employer is privy to certain information, but even though all the co-workers are chatting among themselves , the employer may not be able to share what they know.
however, if this is. It the case, then a decision on whether to make extraordinary efforts to contact them would very much depend on their personal situation. E.g. If an employee lives with a partner and kids or whether they live alone with. I support network.

If you are friends with this person, would you call them yourself.
MonkeyBars wrote:I know in my last job we weren't allowed to contact someone if they didn't ring in... Incase of a situation where they could be at a dying persons bedside and we were ringing to see if they were coming in. Also if we rang it could be classed as 'contact' and they couldn't be disciplined for not making contact.i think the friends (employees) would be better versed to make contact, call out whatever
That was rather poor advice, as none of that makes any sense.
If an employee does not call in or make any contact with their manager, the manager absolutely can call them. They should be polite and diplomatic though and start off by saying "I'm just checking everything is ok with you?" rather than starting with "I'm calling to see why you didn't come in today"
And, if an employee does not comply with the absence & attendance policy (..."must call manager by 10am on first day of absence") then the manager making a call at a later date/time does not cancel that breach of the policy.
User avatar
MonkeyBars
Posts: 5584
Joined: Sat Apr 26, 2014 11:08 pm
Has thanked: 3 times
Been thanked: 21 times

Re: Does an employer have a duty of care?

#10 Post by MonkeyBars »

That was the policy in my job... They made the rules not me
The union would argue if someone rang an employee that they he no business ringing them, and that contact had been made because the employee had been spoken to.
These users thanked the author MonkeyBars for the post:
Mum23boys
Never under any circumstances take a sleeping pill and a laxative on the same night.
Vino
Posts: 9814
Joined: Sat Jun 07, 2014 9:43 pm
Has thanked: 210 times
Been thanked: 158 times

Re: Does an employer have a duty of care?

#11 Post by Vino »

Where I work if the employee is a no show and can't be reached they will contact the next of kin to make sure the employee is OK.
User avatar
DiscoGirl
Posts: 14608
Joined: Fri Apr 18, 2014 10:23 pm
Has thanked: 58 times
Been thanked: 76 times

Re: Does an employer have a duty of care?

#12 Post by DiscoGirl »

How do co workers know it was stress related?
who told them?
LucyS
Posts: 9521
Joined: Tue Apr 15, 2014 11:15 pm
Has thanked: 76 times
Been thanked: 83 times

Re: Does an employer have a duty of care?

#13 Post by LucyS »

I don't have any advice. I hope your co-worker is okay. You sound very worried.
Capricorn
Posts: 1221
Joined: Fri Oct 10, 2014 6:42 pm
Has thanked: 52 times
Been thanked: 8 times

Re: Does an employer have a duty of care?

#14 Post by Capricorn »

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.
User avatar
Donnie
Posts: 2397
Joined: Tue Apr 15, 2014 11:45 pm
Has thanked: 1 time
Been thanked: 16 times

Re: Does an employer have a duty of care?

#15 Post by Donnie »

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.
Post Reply

Return to “Advice/Anon”