Contents tagged with Sickness Absence

  • Absence management: is your employee really sick?

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal, Sickness Absence

    Let’s be honest here, it’s likely that some of you reading this will know of someone who has ‘pulled a sickie’.  As an employment lawyer, I’ve heard all manner of ‘justifications’; “the weather was nice”, “my holiday was refused”, “I knew they’d say no if I asked for time off at the last minute” ...  A recent ruling in the Employment Appeals Tribunal (EAT) gives hope to employers everywhere that they can take action against an employee who has ‘pulled a sickie’.

    Now everyone knows that you cannot punish an employee for being sick and, likewise, employers (hopefully) know their staff are not invincible and do on the odd occasion become sick.  In fact, many employees drag … more

  • The 10 most significant employment law cases in 2015

    Tags: Employment Law, Employment Tribunal, Unfair Dismissal, Discrimination, Redundancy, Sickness Absence, Holiday, Disciplinary Procedure, Right to be Accompanied

    As we count down to the New Year, let’s remind ourselves of 2015’s key judgments. They include cases on: whistleblowing, working time, annual leave during sickness absence, holiday pay, disability discrimination, redundancy consultations, recruitment, and the role of HR in disciplinary proceedings.

    1. HR’s role in disciplinary proceedings

    In Ramphal v Department for Transport it was held by the Employment Appeal Tribunal (EAT) that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by HR. Thus, HR should refrain from lobbying managers to reshape their view on culpability and limit their advice essentially to questions of law, and procedures and processes.

    2. Right to be accompanied: a new type of claim?

    It was held by the … more

  • Sickness absence policies and making reasonable adjustments

    Tags: Disability Discrimination, Failure to make reasonable adjustments, Employment Law, Employment Tribunal, Sickness Absence

    The duty to make reasonable adjustments in respect of the disabilities of employees can be a legal minefield for employers. The duty can arise where an employer’s provision, criterion or practice puts a disabled employee at a substantial disadvantage in comparison to those who are not disabled.

    Disabled employees are more likely than others to have significant sickness absence. Therefore, the strict application of a sickness policy is likely to place disabled employees at a substantial disadvantage and therefore give rise to the duty to make adjustments.

    In practice then what approach should be taken by employers in respect of employees whose disability is exacerbated by other common illnesses such as cold and flu? The Employment Appeals Tribunal (EAT) recently considered this … more

  • Covert Surveillance at Work: Should Big Brother be Watching?

    Tags: Employment Tribunal, Employment, Sickness Absence, Covert Surveillance, Civil Liberties, Fraud, Sick

    I have had a busy week this week so John Dickens has kindly stepped in and produced this article about the topical issue 'covert surveillance' (as some of you may have read about poor Anthea Orchard). 

    Most of the time, in a public environment, most of us are aware (or should be aware) that we are being watched; this is now a generally accepted fact of modern life. However being watched in the course of one’s employment can raise a number of cutting issues and cause disagreement as to whether such surveillance infringes too much on the civil liberties of the relevant employees.

    Article 8 of the European Convention on Human Rights provides for the right to respect for private and family life. In the recent case of City and County of Swansea v Gayle the question was raised as … more

  • 1

LATEST LEGAL UPDATES:

  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

Reviews and Ratings for solicitor Samira Cakali, Leeds