Failure to return after extended leave

Article Abstract:

In the past, British employers automatically terminated employees who failed to return from extended leaves of absence on agreed-upon return dates. Such terminations did not result in wrongful dismissal lawsuits in Britain, since they were legal under the Employment Protection (Consolidation) Act of 1978. British courts have begun (in 1986) to overturn these practices by declaring some automatic terminations, due to failure to return, unlawful. Some of these cases are briefly described, including Igbo vs. Johnson Mathey Chemicals Ltd., Sheffield vs. Oxford Controls Ltd., and Birch and Humber vs. University of Liverpool. Employers are advised to establish written leave of absence policies, ensure employees understand the policy prior to taking a leave, and investigate failures to return thoroughly, prior to terminating employees for such reasons.

United Kingdom, Analysis, Labor law, Worker absenteeism, Absenteeism (Labor), Sick leave, Leaves of absence, Great Britain

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When does absence amount to frustration?

Article Abstract:

Various court cases involving employee dismissals are examined. The three basic situations where the personnel head of the employer can show frustration to show there was no dismissal include: sickness-caused absence, absence due to imprisonment, and cases for which it is illegal to continue in employment. For most cases of termination, industrial tribunals cannot be expected to declare frustration except for obvious cases.

Cases, Labor relations, Employee dismissals, Employment terminations, Employment at will

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