Tag Archives: sick leave
UK: April 2017 changes – apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge
From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% of their payroll costs, subject to an offset allowance of … Continue reading
Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.
The Ministry of Manpower requires employers, workplace occupiers, and doctors to report workplace incidents where an employee, a self-employed person, or a member of the public dies, is injured or contracts a disease in certain circumstances. Is your company compliant?
The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can validly dismiss an employee for failing to follow such a direction. The Full Court’s decision is … Continue reading
Australia: One size plaster cast does not fit all – Navigating the pitfalls of dismissing an injured or incapacitated worker
In brief Many employers will, at some point, be faced with the difficult task of terminating the employment of an employee who has been absent from work for some time and is no longer able to perform their job due … Continue reading
An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee has dishonestly exaggerated their condition and fraudulently claimed sick leave and pay. The EAT confirmed in Metroline West … Continue reading
UK: Discipline – raising non-urgent or trivial concerns while an employee is on stress-related sick leave may amount to constructive dismissal
Employers should consider carefully whether it is necessary to raise disciplinary concerns with an employee while they are absent on stress-related sick leave, or whether they could defer doing so until the employee's return. Raising concerns which are not serious … Continue reading
UK: Unfair dismissal – employer contribution to ill-health relevant to when it will be fair to dismiss
Two recent cases illustrate the need for employers to take into account their own contribution to an employee's ill-health when determining whether and when to dismiss for sickness absence. This is so, not only where the employer causes the ill … Continue reading
Case law has established that temporary absence from work, for example on sick leave or family-related leave, does not prevent an individual being 'assigned' to a grouping of employees and therefore transferring with that grouping where there is a service … Continue reading
UK: Employers must permit carry-over of statutory holiday for 18 months where unused due to sickness
Employees unable or unwilling to take their 4 weeks' EU-derived statutory holiday because of sickness absence continuing to the end of the leave year can carry it forward, but must take it within 18 months of the end of the … Continue reading