Being late for work can be a frustrating experience for both employees and employers. For employees, it can lead to stress, anxiety, and even disciplinary action. For employers, it can disrupt productivity, impact customer service, and create a negative work environment.
So, what does employment law say about being late?
In general, employers have the right to set and enforce policies on employee attendance. This means that they can establish rules about when employees are expected to be at work and what consequences will be imposed for tardiness.
However, there are some limitations on what employers can do. For example, they cannot discriminate against employees based on their race, religion, or other protected characteristics. Additionally, they cannot fire an employee for being late for work if they have a good reason for being late, such as a medical emergency or a family emergency. More commonly, lateness may be linked to a disability. If this is the case, employers need to be mindful of the fact and consider making reasonable adjustments for their employee. Failure to do so could face discrimination claims.
If an employee is consistently late for work, their employer may be able to discipline them, up to and including termination. However, before taking any disciplinary action, the employer should first try to speak with the employee to understand why they are late and see if there is anything that can be done to help them improve their attendance.
Here are three tips for employees who are struggling with tardiness:
If you know that you are going to be late, call your employer as soon as possible to let them know.
If you have a medical condition or other extenuating circumstance that is causing you to be late, talk to your employer about it and see if there is anything that can be done to accommodate you.
If you yourself notice a pattern of lateness, reflect on the ‘why’, and highlight the factors to your line management to find a practical way forward (before they initiate the conversation themselves).
Here are two tips for employers who are struggling with employee tardiness:
It may be tempting to start with sanctions, but instead, start with a conversation. It may be that your employee has a personal issue they are struggling with, or a medical condition that may qualify as a disability under the Equality Act that requires some further action from you.
If a pattern of inexcusable lateness occurs, deal with the issue promptly and efficiently via your staff handbook or relevant policies.
By following these tips, you can help to improve your attendance and avoid any disciplinary action as an employee, and achieve optimum staff performance, attendance and moral as an employer.
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Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.