Hello and welcome to our eighth Employment Law Snippet article. As usual, this article aims to explore and discuss how a quirky topic might affect employees and employers alike. This week we will be looking at Christmas!! Now, let’s get some brief, festive-related confessions out of the way. Amongst other things, I’m guilty of the…
The Employment Appeal Tribunal (EAT) have recently held an employee to hold ‘an implied right not to be dismissed’ when on long-term sick leave.
Naturally, this has caused many employees great concern
because long-term sickness absence, in itself, is usually fair reason to
consider dismissal. Whilst there can be
various factors at play, including any potential disability of the employee,
the principle of an individual having to be present at work to fulfil their job
role (and employment) remains.
So what happened in the recent case of ICTS (UK) Limited v Mr A Visram to cause such concern?
Well, let’s set the scene briefly, Mr Visram was
contractually entitled to sickness benefit payments (termed ‘Long Term
Disability Benefits’) during any period of continuous sickness absence from
employment whilst he remained an employee.
But, for various reasons, the insurer and employer didn’t wish to pay
them and, in doing so, Mr Visram was dismissed on grounds of sickness absence
and so ended his entitlement to contractual Long Term Disability Benefits payments
by the insurer (as the policy required his continued employment).
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.
Merger or Messi? Filing or Fellaini? With the festivities of the world cup to hit us next month perhaps now is as good a time as any to consider whether a workplace policy for major sporting events is necessary and what points should be considered.
Many employers may be concerned in the lead up to such a sporting event that instances of absenteeism will increase as staff take ‘sickies’ to watch the match or recover from the one the night before. Ahead of the 2016 Euros a survey completed by Robert Half found that 73% of UK Human Resources Directors believed employees are likely to skip a day of work following or during a tournament match while 21% of respondents considered it to be ‘very likely’. There is currently no legal requirement for employers to give employees time off for such events but could a flexible approach yield potential benefits with minimal disruption to the business?
In an audit of 1000 Managers carried out by the Institute of Leadership and Management following the London Olympics in 2012, 48% of those interviewed confirmed increased morale within the workplace. Amongst those interviewed, 41% allowed staff to watch the Olympics at the office. From that number over a third (37%) confirmed an increase in productivity as a result with 67% stating that the staff within the workplace bonded over a shared experience.
Back in March 2010 I reported about the proposed introduction of fit notes, noting that the Government expected savings to the economy of £240 million over 10 years, by aiding the recovery to work of sick workers. Well, it didn’t turn out that way. By July 2010 there were teething problems. Bogus fit notes were widely available on the internet and offered for £9.99 with an introductory “buy one get one free” offer. A further and entirely predictable problem was that employers receiving the fit notes were unable to decipher GPs’ illegible handwriting and therefore overlooked key elements of the process such as, for example, arranging a structured return to work.
In 2015 the Engineering Employers Federation (EEF) reported that the scheme wasn’t working. By September 2014 only 5000 GPs from a pool of 40,854 had received training and 43% of employers said that the fit note had not helped employees to return to work. The EEF’s head of health and safety noted that the quality of advice being given by GPs to help people back to work was deteriorating and that, in order to work, the scheme needed greater resources.
Late in November 2017 it was quietly announced that the scheme is to be scrapped.
PC Jonathan Adams is, like me, a fan of horse racing. However, his enthusiasm for the sport caught up with him when he faked illness to watch horses in which he had an interest. PC Adams was praised for his community policing work in Gloucester city centre and was described by a retired chief inspector…
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…
Employers may not be aware that much of the current legislation in place to protect employee rights actually derives from the European Union – for example, working time regulations, rights of the employees on a business transfer (TUPE) and family leave rights to name but a few. Indeed some Politicians for the ‘Leave Campaign’ will no…
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…
I imagine that, if asked, many people in employment would say that they work very hard. Controversially, at the recent Conservative Party Conference, Health Secretary Jeremy Hunt, suggested benefits cuts would make people “work hard” by strengthening the nation’s work ethic. He said: My wife is Chinese, and if we want this to be one…