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The tribunal has found that a small employer unfairly dismissed an employee who was sent to prison for six months. What did the employer do that rendered the employee’s dismissal unfair?
Published 31.05.2016
You have an employee who is signed off long-term sick and, currently, showing no signs of a return. How long must you wait until it’s safe to dismiss them on incapacity grounds?
Published 26.08.2014
Taking the decision to dismiss in a case of long-term absence is tricky, but where do you stand if the employee is off sick because of something you’ve done?
Published 16.10.2008
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 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
An employee regularly suffers from terrible migraines and needs to go home early. Can you require them to make up the time they miss when they are feeling better or is this problematic?
Published 24.04.2017
The Acas Code of Practice must be followed wherever misconduct or poor performance is suspected. But what if you’re looking to dismiss someone on capability grounds due to their ill health? Must you
follow the Code then?
Published 30.08.2016
You’ve received a reference from a prospective employee’s former employer. It states that the individual had a lengthy period of long-term sickness absence. Can you use this as grounds to withdraw
your job offer?
Published 28.06.2016
One of your employees is on long-term sickness absence and their sick pay entitlement has now run out. Do they continue to accrue statutory holiday entitlement even though they are not at work nor
receiving any sick pay?
Published 07.11.2022
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