Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.
I have worked for this company since November 2010
Thank you for your patience. There is nothing in law that says an employee should or should not contact their employer every day on which they will be absent from work. Such policies will generally be laid down in the employee's contract and would then become a contractual requirement. If the employee does not follow them they could end up being in breach of company policy, which in more serious circumstances can be a misconduct issue.
It is incorrect to say that such clauses are automatically unlawful, although there are circumstances when they can become unreasonable and potentially unenforceable. This would usually be when the employee is likely to be off sick for a prolonged period of time and as such requiring them to call in every day would be unreasonable and go beyond what would usually be required in the circumstances. However, during absences of a shorter duration the employer can certainly apply a policy where they require the employee to contact them every day to advise them that they are not going to be attending work. The threshold as to when this becomes unreasonable is not set down anywhere but I would say that once the absence becomes longer than 10-124 days it may become too much to require the employee to contact their employer on a daily basis.
If you are unable to contact your employer on a specific day and you know this in advance, let them know and given them prior warning that you may be delayed on contacting them.
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