First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

Can you request a medical certificate for less than 7 days absence if felt appropriate/required?

Posted in: First Tuesday Q&A NI on 06/07/2010 If you pay company sick pay, you are free to choose what evidence of incapacity you require. This means that you could, in theory, require a medical certificate for all absences as a pre-requisite of paying company sick pay, although this is rare. Generally speaking, however, self certification suf...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures

In relation to the Pereda case, is it correct that it only applies in the public sector and can employees redesignate contractual leave as sick leave or is it limited to 28 days?

Posted in: First Tuesday Q&A NI on 02/03/2010 We covered the Pereda case in last September’s First Tuesday questions. By way of recap, Pereda v Movilidad was a European Court of Justice (ECJ) case where the court held that workers who fall ill during a fixed shut-down period are able to insist on having their leave reclassified as sick leave a...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Working Time

We are currently considering proposals to implement pay cuts throughout our organisation. What is the position of employees on long-term sick if their colleagues at work have their pay cut?

Posted in: First Tuesday Q&A NI on 02/02/2010 For those on long-term sick leave who are receiving statutory sick pay, they must continue to receive the minimum statutory level for as long as they are entitled under the statutory scheme. If contractual sick pay over and above the statutory minimum is being paid, then the employer can seek to ma...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Pay