Let’s suppose that one of your employees claims to be disabled. You want to confirm the position with their GP, but whenever you ask for their written consent to do this you’re met with a point-blank
refusal. Where do you stand?
Published 11.02.2014
In a recent case an employee who had been off sick for nearly two years was sacked due to his ongoing incapacity. However, despite his long-term absence, the dismissal was found to be unfair. Where
did the employer go wrong?
Published 06.03.2014
You’ve referred an employee to an independent medical professional whose report has concluded that they aren’t disabled under the Equality Act 2010. Is their opinion sufficient for you to defend a
disability discrimination claim?
Published 20.11.2014
When an employee was first signed off, the sick note said “chest infection”. Now it cites “stress” as the reason for his absence. Either way, you want him out if he can’t do the job. But what step
must you take before even trying to fire him?
Published 10.02.2010
Only the tribunal can decide whether or not an employee is disabled. Whilst there’s no statutory test, an appeal ruling has confirmed how it must approach this thorny issue. So what is it expected to
focus on?
Published 29.01.2013
The Employment Appeal Tribunal has confirmed that pulling a sickie can amount to a fundamental breach of contract, giving you the right to dismiss. But what one thing must you be able to show first?
Published 14.04.2016
In a recent case, an employee was sacked for sleeping on the job in the employer’s first aid room. The tribunal concluded that his dismissal was both “fair and reasonable. Why did it reach this
decision?
Published 06.12.2012
It’s been suggested that a sick employee is well enough to work. So you’re thinking about hiring a private investigator to take covert video recordings of them. Can the footage be used as evidence
during disciplinary proceedings?
Published 09.09.2011
An employee who was sacked for visiting 27,500 websites for “personal reasons” has won his tribunal case for unfair dismissal. So where did his employer go wrong and how can you avoid paying out
£38,000?
Published 08.09.2010
When the government recently issued updated guidance on fit notes, parts of the media said that it “had granted employers permission to reject the advice contained in a GP’s fit note for the first
time”. Is that right?
Published 17.05.2013