Features

Childcare Counsel - running late

Fiona Phillips, Solicitor Morgan LaRoche, explains what to do if an employee is often late
Fiona Phillips
Fiona Phillips

For most employees, there will be occasions when arriving at work on time is derailed by traffic, a broken-down car, family dramas or just sleeping through the alarm. Contingencies can be put in place to manage such events.

However, are you in a situation where one employee is consistently late?

Before addressing the issue directly with the employee, you should ensure there is a section in your Employee Handbook, such as a Code of Conduct, making clear to staff that punctuality is important and that persistent lateness, without good cause, may be treated as misconduct under the Disciplinary Policy and Procedure.

You should address the situation early and informally, by meeting with the employee and drawing the policy to their attention. This will also provide an opportunity to explore any underlying reasons for the persistent lateness, for example, childcare issues or caring responsibilities, or perhaps the employee has a medical condition which makes early morning starts problematic. Such factors could trigger an employer’s duties under the Equality Act to consider reasonable adjustments, or to consider a request for flexible working.

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