Tag Archives: sick leave

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

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Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment, Workplace Health and Safety

UK: Unfair dismissal – “taking a sickie” is gross misconduct

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

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Filed under Jurisdiction: UK, Termination of employment

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

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Filed under Jurisdiction: UK, Termination of employment

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

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Filed under Jurisdiction: UK

UK: Employees on long-term sick leave are not ‘assigned’ for TUPE transfer if absence is permanent

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

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Filed under Jurisdiction: UK, TUPE

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

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

UK: Fit for Work – employer guidance recommends review of sickness policies

The DWP has published guidance notes on the new Fit for Work scheme being phased in over 2015, recommending that employers update their sickness absence policies. The Government has said it will confirm the timetable for implementing the scheme shortly.

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Filed under Jurisdiction: UK, Time off rights, Workplace Health and Safety

UK: Statutory holiday – workers have right to carry over where prevented from taking holiday for reasons not limited to sickness

Workers who have been unable or unwilling to take their statutory holiday entitlement for reasons beyond their control, including but not limited to sickness, will be entitled to carry holiday over to the next leave year as an exception to … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

Spain: Sick leave during holidays

The Spanish Supreme Court has declared (in its decision dated 3 October 2012) that an employee on sick leave – when this occurs during his/her holidays or event before those holidays start – is entitled to benefit from his/her holiday … Continue reading

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Filed under Jurisdiction: Spain, Working time rights: statutory holiday and other rest

UK: Statutory holiday – employees unable to take holiday due to sick leave can carry it over into a new year without express request

Where an employee is unable or unwilling to take their EU-derived entitlement to 4 weeks' statutory holiday in the current holiday year due to being on sick leave, an employer must allow the employee to carry over this leave into … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest