Providing information about sickness absence in a reference ruled as discriminatory

Mr Paul Mefful began working as a volunteer at Southwark CAB in 2000. In 2003 he was employed as a general adviser and in 2004 he was promoted to senior adviser at Merton and Lambeth CAB following a competitive selection process. In May 2004 he became a specialist services manager. In (what was then) a Legal Services…

Sickness absence at an all time low

The Office for National Statistics has published its annual report on sickness absence covering 2016, revealing that absence was the lowest recorded since records began in 1993. There were an estimated 137.3 million working days lost, equivalent to 4.3 days per worker. The most common reasons for absence were coughs and colds (accounting for 34…

Balancing sickness absence and disability issues

Ever since the enactment of the Disability Discrimination Act 1995, now subsumed within the Equality Act 2010, there has been an uncomfortable overlap between dealing with ill-health incapacity as a potentially fair reason for dismissal and dealing with protection from disability discrimination. For example, the same facts might justify a fair termination of employment in…

Dismissal based on sickness absence can be complicated

In Monmouthshire County Council -v- Harris the Employment Appeal Tribunal was asked to review a finding in the Cardiff Employment Tribunal that Mrs Harris was unfairly dismissed and that the dismissal was an act of disability discrimination. At a remedy hearing in September 2014 she was awarded £238,216.37. The Employment Appeal Tribunal proceeded on the basis…

Mental Health First Aid in the workplace

October the 10th marked World Mental Health Day, a time to stop and consider how we can best support those around us who may be struggling. Given the amount of time we collectively spend in the workplace each week, particular thought should be given to the importance of mental health support at work. 

There is already
legislation in place providing the requirement for employers to ensure employees receive immediate attention if they are injured or taken ill at work,
but what about helping those suffering with mental illness? If an employee for example has a panic attack or is expressing suicidal thoughts?

The concept of
‘Mental Health First Aid’ originated in Australia where Professor Anthony Jorm, a researcher from the University of Melbourne was discussing with his wife, Betty Kitchener, a registered nurse, a recent mental health conference that he had attended. Within the conversation it was remarked that ‘What we really need is first aid for depression’. The idea has spread rapidly from there – developing
into an internationally recognised programme comprised of simple steps that can be called upon to help a person in distress.

Working in a heatwave: It ain’t half hot (at work)

ice cream So, the heatwave might finally be over. Or is it? The weather forecast hasn’t exactly been bullet-proof recently. I’ve walked to work recently sheltering from the rain under an umbrella (despite predicted 34 degree sunshine) and towed an umbrella around during a day so ice cream-meltingly warm that it was worthy of Majorca…

Whichever way, I’ve received multiple (only partially jokey) messages asking whether it is ‘too hot’ to work or whether an employer’s dress code is ‘automatically waived’ when it gets ‘too hot’.

Unfortunately, from their point of view at least, there is no maximum temperature at which employers have to crack out the ice cream (albeit this isn’t the worst thing to consider morale wise!) and/or send employees home. Instead, employers simply have to ensure they comply with their duty to safeguard employee wellbeing under Health and Safety regulations. Some methods of doing this can include ensuring there is adequate drinking water, lengthening rest breaks (or providing additional rest breaks) for employees carrying out physical activities and/or providing fans for employees in hot environments. However, there are no mandatory requirements upon employers to cool things down other than to act to avoid foreseeable health risks to staff.

How to avoid a French-style World Cup mutiny in the workplace

 Yes, the World Cup remains in full swing. Not that that is news. Even if you’re not a football fan, all the adverts for cheap flat screen TVs to ensure you are ‘World Cup ready’ and media excitement over England ‘getting out of the group stage’ would have done the trick.

Now, naturally, for most people, memories of recent World Cups include a ponytailed England goalkeeper flapping at a Brazilian cross/shot, getting humiliated at the hands of tiny nations (Iceland, anyone?) and, of course, hitting Row Z from the penalty spot against ze germans.

However, for me, one of the most controversial, shocking moments of recent years was the French squad effectively refusing to train at the 2010 World Cup! Just imagine you’ve waited 4 years for the World Cup to come round, you’ve played well enough to make your national team and then, as a team, after a huge training pitch row with management, you walk out of training (into the team bus) in protest at the manager! On that occasion, it was due to the decision to send Nicolas Anelka home after the striker had reportedly sworn at the manager, Raymond Domenech. Needless to say, team spirit hit a massive low and they limply crashed out of the tournament soon after. C’est terrible!

So, what happens in similar situations at work? What happens if a staff member commits an unacceptable offence ending in dismissal against their line manager and their colleagues then rebel against the manager in question?