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
World Cup 2018: don’t let football fever cause a headache in the workplace
The 2018 football World Cup takes place in Russia between 14 June and 15 July. Time is running out for employers to tell their employees where the goal posts are as regards the impact of this sporting tournament on the… 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
How far does an employer have to go to find out if an employee is disabled?
The Court of Appeal recently had to decide whether an employer had taken reasonable steps to find out if an employee was disabled. Deciding whether or not someone is disabled is a crucial step for employers in order to comply… 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
Negative reference about attendance record: discrimination
Was a tribunal wrong to reject a claim that a verbal job reference referring to sickness absence was discriminatory because it was given in a “neutral” way? Yes, they were wrong, says the EAT in a recent decision, finding that… 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