Contents tagged with Sickness Absence

  • Samira Cakali Qualifies as a Mental Health First Aider

    Tags: Mental Health, Mental Health First Aider, MHFA, Sickness Absence, Training, Disability Discrimination, Equality Act 2010, Employment Law, HR, ukemplaw

    In August our Samira Cakali qualified as a Mental Health First Aider (‘MHFA’). In this article she discusses the scheme and how having a Mental Health First Aider could vastly improve your business and have a positive impact on the amount of disability claims that land on your desk. 

    Why is mental health awareness in the workplace so important?

    Mental ill health is the biggest reason for sickness absence and by far the largest cost to employers across the UK. Investing in staff wellbeing saves money in the long run - workplaces that prioritise mental health have more engaged, productive and loyal employees, who are less likely to need time off sick. 

    What does the training involve?

    MHFA is a two-day training course. The course is based around a five-step action … more

  • 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

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  • What To Do When An Employee On Maternity Leave Wants To Go Part-Time?

    Tags: Maternity Leave, Employment Law, UKEmpLaw, Flexible Working Request

    A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse? 

    Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim. 

    The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.

    First Steps

    Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more

    

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