Category Archives: Sickness Absence

Case update (1):  Sickness absence 

Summary:  Can an employer rely on medical evidence which post-dates dismissal when defending a disability discrimination claim? No, says the EAT in Brightman v TIAA Limited (available here) Facts: Mrs Brightman was employed by TIAA Limited.  The employer knew she had severe asthma and other conditions that meant she was disabled under the Equality Act…
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Coronavirus (Covid-19): LOCKDOWN 3.0 – Government guidance

clean hands
What do we already know? We updated you in our August 2020 Newsletter Coronavirus (COVID-19): Updated guidance on returning to the workplace on the 14 workplace guides the Government had published to enable employers to operate safely (known as being “COVID secure”). What’s new? The Government has updated the majority of the 14 workplace guides…
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Coronavirus (Covid-19): Self-isolation – Legal requirements

New regulations make self-isolation a legal requirement and introduce penalties for individuals and employers. These regulations (the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations): require people who have been notified that they have tested positive for COVID-19 (and their close contacts) to self-isolate for designated periods and to provide information to contact tracers about where…
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Coronavirus (Covid-19): Returning from abroad – Self isolation guidance

What do we already know? We updated you in our September Newsletter Coronavirus (Covid-19): Returning from abroad – self-isolation guidance  that the Government published new guidance (available here) for employers and employees on the rules relating to self-isolation after returning to the UK from countries without a travel corridor (or ‘air-bridge’). What’s new? ACAS has also…
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Coronavirus (Covid-19): Pre-operation self-isolation & SSP

The statutory sick pay (SSP) rules have been amended to cover those self-isolating in advance of an operation. As of 26 August 2020, workers who have been notified by a registered medical practitioner that they are to undergo a surgical or other hospital procedure, and have been advised to self-isolate in advance, are eligible for…
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Coronavirus (COVID-19):  Safe workplace & well-being guidance

safe workplace
1. Safe Workplace: A toolkit (available here) has been published to help employers create a safe workplace for employees to return to when offices re-open.  The toolkit has been compiled by the Society of Occupational Medicine (SOM), with input from several national organisations including ACAS, CIPD and MIND. The toolkit complies with the directions and…
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Coronavirus (COVID-19): Sick pay (SSP)

Two items: A new online service (available here) has launched to enable small and medium-sized employers to recover Statutory Sick Pay (SSP) payments they have made to their current or former employees for eligible periods of sickness starting on or after 13 March 2020. HMRC guidance (available here) has been updated to reflect this information. Entitlement to SSP has…
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Other legal aspects of Coronavirus

1. Aside from furlough, what other measures can we take to reduce staff or pay? Some employers may have the right in their employment contracts to “lay off” staff.  This is different from redundancy and provides employers with a contractual right to send people home (for no pay) for a short period of time, where…
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Government Reforms (3):  Sickness absence and disability – Consultation

In June the Government announced (see here) Theresa May’s intention to introduce new measures to tackle injustices faced by disabled people. The measures include overhauling statutory sick pay and greater workplace support, publishing new national outcomes data for disabled people and establishing a cross-Government disability team. The Government has now published a consultation (available here)…
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Mental health at work

mental health
It was Mental Health Awareness Week at the start of the month and highly regarded public figures came out in support of mental health, most notably Prince Harry and the Heads Together campaign and sought to raise awareness of the issues surrounding mental illness. As mental health has been in the spotlight we thought it…
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