Contents tagged with 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
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
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
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