Long-term disability benefits: employer not entitled to dismiss
The Employment Appeal Tribunal (EAT) has ruled that an employer was not entitled to dismiss an employee who was on long-term sick leave and receiving benefits under a long-term disability scheme. It implied a term into the employee’s contract of… Read on
What is the correct legal test for discrimination arising from disability?
Equality legislation protects employees and others against discrimination arising from a disability. This requires employment tribunals to apply a wide lens to all the relevant facts in order to determine whether an individual has suffered unlawful discrimination in consequence of… 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
Work-related stress: what is it and what can I do about it?
Mental Health Awareness Week ( 14 – 20 May 2018) focused on stress. Sometimes it seems like there is a stress epidemic going on as the pressures of modern life cause more and more people, in all walks of life… 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
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
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
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