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

Dismissal for ill health: does ACAS Code apply?

The EAT has recently confirmed that the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where a dismissal has been purely for health reasons. Background The ACAS Code says that it applies to dismissals for conduct… Read on

Type 2 diabetes a disability?

People are more likely to develop type 2 diabetes if they are overweight or obese. In this case, the EAT had to decide whether the diabetes amounted to a disability. Background Mr Stout was employed by Metroline Travel Ltd… Read on

Managing Sickness Absence – A Springhouse Checklist

Dealing with sickness absence is a perennial problem for employers and employees alike, with unfair dismissal and discrimination rearing its head at every turn. Our checklist will put employers and employees on the right track for a successful outcome. Policies… Read on

Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… 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

Should payslips specify pay deductions?

Yes, or the employer may have to forfeit the debt said the Employment Appeal Tribunal in Ridge v HM Land Registry. Background Mr Ridge had exhausted his sick pay entitlement. His pay was adjusted by his employer for the month-end… Read on