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
Supporting the Rugby World Cup? Employment Tips
Employers will not be able to avoid the fact that the biggest sporting event is now on – the Rugby World Cup. With England as its host, the opening match is taking place in Twickenham on 18th September 2015 and… 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