Lying at pre-employment A controversial subject concerns what should happen to an employee who is found to have lied about, or withheld health information requested...
Long-term disability benefits scheme: rights to dismiss The EAT implied a contractual term restricting the employer’s right to dismiss an employee entitled under such a scheme, and said brea...
Working abroad: unfair dismissal and Equality Act How far do those working wholly or partly abroad fall within British employment and equality law? And are those working in Britain necessari...
Tribunal legal procedure Introduction There are separate pages specifically on the role of OH in tribunal proceedings: eg Tribunals: The role of OH. Employment tribu...
Good practice guide: dismissal of an employee after long-term sickness absence Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explain...
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...
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...
