Following a ruling by the Employment Appeal Tribunal, it’s been suggested that employers should never write to employees who are off sick as this can entitle them to resign and claim constructive
dismissal. Is this really true?
Published 10.05.2016
In a recent case, the employee alleged that her employer, HMRC, operated a discriminatory sickness absence procedure because it failed to take account of any time off caused by her disability. Was
she right or wrong?
Published 19.09.2013
In a tribunal case the employee had been asked to attend a disciplinary hearing but was ultimately dismissed on capability grounds. She claimed this procedural error rendered her dismissal unfair.
Why didn’t it really matter?
Published 28.04.2014
The Court of Appeal has decided that an employee who was sacked following over a year’s sickness absence was unfairly dismissed. Does that mean you can’t ever dismiss employees who are on long-term
sickness absence?
Published 05.04.2017
In a recent case the employee went off sick immediately after her maternity leave ended due to postnatal depression. When she was eventually sacked, she claimed this amounted to discrimination. Why
did her argument fail?
Published 09.04.2014
A problem with short-term sickness absence has been identified in your workplace. But the culprit is expecting and claims all her time off has been “pregnancy-related”. Must you accept this
explanation at face value?
Published 05.05.2011
An employee is absent without leave and a colleague’s suggested that you issue her with a “return to work or be sacked” ultimatum. You’re worried that you could be exposed to an unfair dismissal
claim. Is this likely?
Published 10.03.2005
Anti-disability discrimination legislation may require you to favour a disabled employee. But could this also extend to paying them extra sick pay?
Published 08.02.2007
Many employers have trigger points in their sickness absence policies which start formal management procedures when an employee’s attendance levels become unacceptable. Must these be adjusted for
disabled staff?
Published 18.06.2014
In the case of Sandle v Adecco 2016 the employer hadn’t heard from the employee for some time. Equally, it had made no attempt to contact her. The employee subsequently claimed unfair dismissal but
lost. Why?
Published 16.11.2016