In a case published last week, the Court of Appeal had said an employer cannot rely solely on an Occupational Health Report when deciding if an employee is disabled. On the face of it this poses problems for employers – if they cannot rely on a medical report, what can they rely on! What employers must be able to show is that, following receipt of the report, they have considered for themselves whether in the fact the employee is disabled. Lord Justice Rimer said an employer should “pose specific practical questions directed to the particular circumstances… The answers to such questions will then provide real assistance to the employer in forming his judgement as to whether the criteria for disability are satisfied.” The practical questions are questions about how the impairment affects their ability to carry out day to day activities, so “can they walk up stairs?”, “can they lift shopping bags?” and how long the impairment will last, so “have they been affected for the last 12 months? If not, is the impairment likely to last 12 months?” This extra step will protect against a finding that an employer knew an employee was disabled. Back to legal...
An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and to the Living Wage, the employer would not roll out the rights to anyone else. Read More Read more>>
It has long been a stock question from clients as to whether they can monitor employees’ emails. In fact, the actual question from clients often comes too late, in that they ask if they can sack an employee for the contents of an email, and we have to say that they could, except that they… Read more>>
Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the employer might face difficulty in dismissing summarily if the employee has been left at work while the matter is investigated. Read More Read more>>