Sickness whilst on holiday – the current position

One of the most confusing areas of employment law in recent years has concerned the impact of sickness absence on employees’ entitlement to statutory holiday and holiday pay. These issues have been examined at judicial levels from Employment Tribunals to… Read on

Duty to adjust sickness policy?

The Court of Appeal has recently considered whether sickness absence policies that apply equally to disabled and non-disabled employees can be capable of putting disabled employees at a disadvantage. If not, then no reasonable adjustments would be required. Background This… Read on

Supporting the Rugby World Cup? Employment Tips

Employers will not be able to avoid the fact that the biggest sporting event is now on – the Rugby World Cup. With England as its host, the opening match is taking place in Twickenham on 18th September 2015 and… Read on

Holiday pay: new case

Could a commission-only worker claim that not paying him for annual leave effectively prevented him from taking it, and that he should be compensated? Potentially yes, said the EAT in the recent case of the Sash Window Workshop Limited v.… Read on

Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

No need to request holiday for sickness refund

The European Court has already decided that where an employee has booked holiday, but then falls sick, they are entitled to claim back that holiday. Some large employers already permit this, but most don’t. A further recent decision will impact… Read on

When holiday entitlement can’t be carried over

When it comes to holiday entitlement the ‘use it or lose it’ rule has long been understood. Recent cases have challenged this approach and in 2009 a European Court decision held that an employee who was on sick leave during… Read on

Is self-dismissal possible?

In January 2005, lorry driver Mr Zulhayir had a serious accident at work which left him unable to do his job. In June 2006, his employer, J J Food Services Limited, stopped receiving sick notes. They wrote to him saying… Read on