Absence Management in Law Firms: Expert HR Strategies for Legal Professionals
Absenteeism is becoming a critical challenge for law firms, especially as employees adjust to post-pandemic work environments. The rise in mental health-related absences, coupled with the ongoing struggle to bring staff back to the office, has left many legal professionals scrambling for effective solutions.
In this post, we share expert strategies from Helen Kirk-Blythe and Helen Manson, co-founders of Complex HR, who specialise in HR solutions for law firms. They offer actionable insights into managing absenteeism, maintaining productivity, and supporting employee well-being—all while keeping your firm compliant and efficient.
The Absenteeism Dilemma: A Post-Pandemic Challenge
Law firms have faced unprecedented challenges in the wake of the pandemic, with absenteeism becoming a significant issue. According to Helen Kirk-Blythe, many employees believe that if they were able to work remotely during lockdowns, they should continue to do so. However, this poses a problem for law firms that thrive on in-office collaboration, client meetings, and team-based tasks.
Legal professionals know that growing a firm requires in-person training, mentorship, and daily operations. Kirk-Blythe explains, “While firms survived during the pandemic, very few thrived. To grow, manage, and train staff, people need to be present in the office.” This reluctance to return has caused absenteeism rates to spike, leaving law firms in a bind.
Mental Health and Absenteeism: Navigating the Legal Landscape
Mental health has become a leading cause of absenteeism in law firms. Helen Manson reports that 60% of HR-related queries from their clients now involve employee mental health. The challenge is twofold: some employees have legitimate health concerns, while others may be using mental health as a reason to avoid returning to the office.
For law firms, understanding how to handle these situations is crucial. Manson advises, “Employers need to balance being supportive without assuming every absence is legitimate.” A key step is requesting medical evidence and remaining compliant with legal obligations under the Equality Act.
The Power of Documentation: Why Law Firms Need a Paper Trail
When managing absenteeism, creating a strong paper trail is not just good practice—it’s essential for legal protection. Kirk-Blythe emphasises that law firms must implement clear absenteeism policies. “Having a robust policy ensures consistency and fairness in handling each case.”
Following up every verbal conversation with written documentation is key. For instance, after discussing an employee’s absence, send an email summarising the conversation and agreed next steps. This not only protects your firm but also sets clear expectations for the employee.
Access to Work and Reasonable Adjustments: Supporting Employee Returns
In cases where employees need additional support to return to work, the UK government’s Access to Work scheme offers grants to help employers make reasonable adjustments. Whether it’s providing special equipment or adjusting working hours, this programme is designed to get employees back to work safely and efficiently.
Kirk-Blythe and Manson highlight the importance of leveraging such schemes to ensure that law firms can retain talent while complying with legal requirements. “Reasonable adjustments vary depending on the size and resources of the firm, but Access to Work provides guidance and financial assistance,” Manson explains.
Consistent Communication: The Key to Managing Long-Term Absences
One of the most effective strategies for managing absenteeism is maintaining regular, non-intrusive communication with absent employees. Manson notes, “You want to show support without sending the wrong message—don’t give them work, but check in regularly.”
Law firms should avoid using informal communication methods like WhatsApp for official updates. “We’ve seen cases where WhatsApp messages have been used in tribunals against employers. Stick to phone calls and emails,” Kirk-Blythe advises.
Absenteeism and Sick Pay: What Law Firms Need to Know
The way a law firm structures its sick pay policy can have a significant impact on absenteeism rates. Firms that offer full sick pay often experience higher levels of absenteeism compared to those that stick to Statutory Sick Pay (SSP). While it might seem harsh, Kirk-Blythe points out, “SSP can act as a deterrent to unnecessary absences, allowing firms to focus their resources on genuinely unwell employees.”
Law firms, particularly small to medium-sized ones, should consider whether offering full sick pay aligns with their business goals and absenteeism management strategy.
Conclusion: Proactive Absenteeism Management is Essential for Law Firms
Absenteeism management doesn’t have to be overwhelming for law firms. By following the strategies shared by Helen Kirk-Blythe and Helen Manson, legal professionals can create structured processes that support both employee well-being and business productivity.
From implementing clear absence policies to using programmes like Access to Work, law firms have the tools to handle absenteeism effectively. Proactive management, regular communication, and legal compliance will ensure that your firm remains resilient, even in the face of increasing absenteeism rates.
For more expert advice on HR management tailored to law firms, contact Complex HR. Their team specialises in offering bespoke solutions, ensuring your firm stays compliant and productive.
Here’s the places you can get in touch with the two Helen’s:
🔥 Reach Helen Kirk-Blythe on LinkedIn.
🔥 Reach Helen Manson on LinkedIn.
💻 Check out Complex HR website
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🔥 Reach Becky on LinkedIn.
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