Are trigger points for sickness absence dismissals lawful?

The latest ruling from the European Court of Justice (ECJ) suggests that intermittent sickness absence thresholds, which allow employers to dismiss staff once a  trigger point has been breached, are potentially discriminatory against disabled employees. Background Many employers operate sickness… Read on

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

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