New blog: Ill-health dismissals and the ACAS Code Diana Kloss’s latest blog considers two cases which seem to limit the scope of the ACAS Code. In two recent cases, Holmes v QinetiQ an...
Ill-health dismissals and the ACAS Code Diana Kloss warns that employers should still follow a fair procedure, despite recent cases limiting the scope of the ACAS Code. An emplo...
Does the ACAS Code apply to ill health dismissals? The EAT held it did not in a case where culpable conduct was not alleged. However a fair procedure is still required. In Holmes v QinetiQ ww...
False sickness claims and unfair dismissal The EAT held that the claimant’s exaggeration of his symptoms was gross misconduct, and his dismissal was fair. The EAT in Metroline W...
Equality Act 2010: five years on The Equality Act (EqA) is now more than five years old. Most of it took effect on 1st October 2010. It is a good time therefore to look fair...
Griffiths decision on attendance procedures The Court of Appeal has held that the reasonable adjustment duty does apply to attendance procedures. Controversially, the EAT had previousl...
Dismissal for long-term absence and reasonable adjustments The EAT has overturned the tribunal’s reasoning in a case on dismissal for long-term sickness absence. A particular feature of the cas...
IVF treatment Summary Absence for IVF treatment prior to the start of actual pregnancy (ie implantation), or up to a very short period before, is correctl...
Persistent shorter absences Introduction The employer should establish what is the reason for the absences. For example they may be due to – minor unconnected ail...