Sickness absence

Article Abstract:

UK employers seeking to lower worker absenteeism due to illness must still observe the legal requirements for proper employee dismissal. Frustration of the employment contract is an acceptable legal basis for terminating sick employees. Dismissal for incapacity is allowed, although employers should use a sympathetic approach. Employers should seek medical advice and evidence in cases of long-term illnesses. Evidence is less important in dealing with persistent intermittent sickness absences. Employees can be dismissed for unacceptable attendance records, as well as for misconduct such as malingering and fraudulent absenteeism.

Worker absenteeism, Absenteeism (Labor), Sick leave

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Two-year qualifying threshold is discriminatory

Article Abstract:

The 1985 Order that lengthened the continuous employment requirement to two years for unfair dismissal complaints indirectly discriminates against women employees. The two-year qualifying threshold for dismissal cases, previously a one-year rule, violates the European Community Equal Treatment Directive. The Court of Appeals based its decision on evidence of considerable difference such as statistics showing that 8% less women than men met the threshold during 1985-1991.

Cases, Sex discrimination against women, European Community

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Victimisation on health and safety grounds

Article Abstract:

UK employees have legal protections against dismissal or detrimental treatment for leaving their workplace to avoid imminent danger. Employees who call attention to safety problems, safety committee members, and safety representatives are similarly protected against unfair dismissal for their safety-related acts. Industrial tribunals can award compensation to employees who are unfairly dismissed for attempting to prevent or avoid harm.

Occupational health and safety, Occupational safety and health

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