First Tuesday Q&A

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

Can you provide an indication of what is appropriate absence for sick leave that is not continuous but significant?

Posted in: First Tuesday Q&A NI on 07/01/2014 It is really a matter for each employer to decide what is both reasonable and appropriate subject to the nature of the work and the staff involved. For example, some employers have policies in place where a formal interview process is initiated in any situation where an employee is absent for 10 da...
This article is listed under the following topics:
Sickness and Absence

What can an employer do if an employee goes out sick with stress during a disciplinary process?

Posted in: First Tuesday Q&A NI on 07/01/2014 Sickness absence during a disciplinary process on grounds of stress or anxiety is not uncommon, however, an employee who is unfit to work may nevertheless still be fit to attend a disciplinary hearing if, for example, the stress is related to the employee’s day to day work, or indeed, if other arra...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues

I would be grateful if you could give me some guidance on the following issue - If an employee who is on sick leave wants to carry out some work from home in order to not fall behind, how would this impact on his sick pay?

Posted in: First Tuesday Q&A NI on 01/10/2013 From the point of view of statutory sick pay (SSP), if the employee is fit to work from home I doubt very much that HMRC would view them as eligible for SSP. The test under the legislation is whether he is incapable by reason of some specific disease or disablement of doing work which he can reason...
This article is listed under the following topics:
Sickness and Absence

What is the current state of law in relation to disability absences being taken into account by an employer for disciplinary action?

Posted in: First Tuesday Q&A NI on 06/08/2013 Disciplinary action against an employee for absences that are a consequence of a disability could constitute discrimination arising from disability under the Disability Discrimination Act 1995. If persistent or long-term absence affects the employee’s ability to carry out the job, you should addres...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues Discrimination and Equality

What happens if there is conflicting advice from a GP & occupational health professional? i.e. OH advises us the employee is fit to work and the GP advises against the fitness; what should a company do?

Posted in: First Tuesday Q&A NI on 02/07/2013 Where an employer obtains more than one medical opinion and the two opinions conflict, a reasonable employer would usually take steps to resolve this conflict by obtaining a third report or by seeking further clarification. However, there may be cases where an employer is entitled to prefer the opi...
This article is listed under the following topics:
Sickness and Absence

An employee has been absent sick for over two years. He is not covered by sick pay and insurers deem him fit to work. His own doctor deems him unfit for work. Is company obliged to keep job open, and if so for how long?

Posted in: First Tuesday Q&A NI on 05/03/2013 An employer is not required to keep an employee’s position open indefinitely if he or she is no longer fully capable, competent or available to undertake the duties attached to the role. However, where an employee is dismissed for reasons connected with his/her ability to perform the duties require...
This article is listed under the following topics:
Sickness and Absence

Payment of performance based bonuses - How do we stand for those employees off on maternity leave during the year ? Also can we pro-rata an employee off on sick leave?

Posted in: First Tuesday Q&A NI on 05/02/2013 A performance related bonus can measure “performance” in many different ways, for example, on the employer’s performance as a whole, the individual’s/team’s performance against certain criteria or on the employee’s attendance record.(a) Maternity Where a contractual bonus is paid in recognition of ...

An employee does not wish to disclose her illness. 9 weeks of certificates stating, “unfit for work” have been received. Can a company doctor disclose the illness to the employer or can we insist on knowing the nature of the illness or move to dismissal or some other action?

Posted in: First Tuesday Q&A NI on 08/01/2013 Under the Access to Personal Files and Medical Reports (NI) Order 1991 (the Order) an employer cannot request a report from an employee’s own doctor without the employee’s consent, which should be recorded in writing. While referring an employee to a company doctor (which we assume to be the case h...

Is it usual for an employee on a phased return after a critical illness to be paid only for the hours worked? In addition, should the employee be asked to use their untaken holidays to bridge over the gap in salary? Would this not contravene Working Time Regulations?

Posted in: First Tuesday Q&A NI on 04/12/2012 An employer must always firstly consider the contractual provisions which apply to the employee in these circumstances, as the employment contract or handbook may contain provisions about phased return. The recent case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Mrs Bagley (2012) consid...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment