Can I be sacked for having ‘long COVID’?
The National Institute for Health and Care Excellence (NICE) defines long Covid as lasting for more than 12 weeks. Reported symptoms include: respiratory issues fatigue headaches problems with the heart and gut ‘pins and needles’ a condition described as ‘brain… Read on
Can an employer ask for proof of a positive COVID-19 test?
As this is a developing and untested area of employment law, whether an employer can demand proof of a positive Covid-19 test is not wholly straightforward. In this post, we outline: what an employee should know before refusing to disclose… Read on
How to manage employee anxiety in the workplace
Employers have a duty of care with respect to the health and safety of their staff. This includes workplace stress and anxiety. The law also prohibits employers from discriminating against employees on the grounds of a protected characteristic. One of… Read on
Discrimination and hidden disabilities at work
The Equality Act 2010 states that a person is ‘disabled’ if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out daily activities. ‘Hidden disabilities’ can fall into this… Read on
What are reasonable adjustments at work?
Employers have a legal duty to make reasonable adjustments to ensure equality for disabled people in the workplace, under the Equality Act 2010. This occurs where an employee is classed as disabled under the Equality Act and is placed at… Read on
Covid hygiene in the workplace
As an employer you have a duty of care to your staff and third parties under the Health and Safety at Work Act 1974 and under common law. This includes taking reasonable steps to protect your workers and others from… Read on
COVID-19: advice for employers
We are receiving a large number of enquires relating to the coronavirus outbreak. Below is some of the advice we are providing. If you would like us to draw up policy guidelines for your business, or if you are dealing… Read on
Ill health dismissal: does the ACAS Code apply?
The ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where someone is dismissed from work purely due to ill health. This means employers can dismiss someone for sickness without following the process recommended in the ACAS… Read on
Long-term sickness absence: dismissal was unfair and discrimination for failure to consider part-time working
In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the Employment Appeal Tribunal overturned a tribunal’s decision that there was no discrimination arising for disability. The case shows that while the tests for unfair dismissal and discrimination are… Read on
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
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
Sickness during annual leave: must be carried forward to following year
The European Court of Justice has extended the rights workers have where they have been sick whilst on holiday. If they have not been able to take it during the current holiday year, they should be allowed to carry holiday… Read on
Is a sick worker, who has been absent for several years, entitled to be paid in lieu of unused leave when his employment ends?
Yes, said the Employment Appeal Tribunal (‘EAT’) in the case of Plumb v Duncan Print Group Ltd. Background Mr Plumb, a printer, was on sick leave for a period of almost 4 years following an accident at work. After his… Read on