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It is estimated that around 12.7 million working-age people in the UK have a long-term health condition including around 7.6 million disabled people. In a typical year, around 1.4 million working-age people have at least one sickness absence lasting four weeks or longer, while most people successfully return to work after a period of long-term sickness absence, disabled people are … Read More

Liability For Undisclosed Disabilities?

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If an employee fails to disclose their disability to you, can they later claim that they’ve been directly discriminated against? Mr Mutombo-Mpania (M) applied for a job with Angard (A), a firm which provides casual workers to Royal Mail Group (RMG). M stated that he was not disabled on his application form and didn’t disclose any disability on his health … Read More

Fake Reference Costs Employee £4,725

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An employee has been ordered to pay his employer £4,725 after he provided a fictitious reference, using the name of a Star Wars Character. Damages from employee It is not often that we see tribunal ruling where the employee is ordered to pay their employer damages. However, this is exactly what happened in Francis-McGann v West Atlantic UK ltd 2018. … Read More

EU Employee Status Post Brexit

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For months there has been uncertainty over the employment status of EU citizens in the UK in the immediate aftermath of Brexit. The Government has now given some guidance on this issue. At the beginning of November 2018, after months of speculation, the Government confirmed its future plans in relations to the employment status of EU nationals following Brexit. This … Read More

Disciplinary Procedure and Witness Statements

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An employee has been accused of serious misconduct. You’ve taken witness statements from several colleagues who say that they “didn’t see anything” should you disclose them to the accused? When an employee is accused of wrongdoing, your starting point is to conduct a full and reasonable investigation, including obtaining written statements from all possible witnesses to the employees’ action. They … Read More

New duty to publish family friendly policies

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In October 2018 it was reported that the government is considering forcing employers to publish their parental leave and pay policies. How likely is this to happen and will you be affected? Transparent policy The Department for Business, Energy and Industrial Strategy (BEIS) has confirmed that it’s considering whether there should be a legal duty imposed on employers to openly … Read More

What the current National Living Wage is, what it means, and how it is going to change

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What is it? First thing’s first, let’s clear up the confusion regarding the difference between the National Minimum Wage, National Living Wage and the ‘real living wage’. The terms are often used interchangeably, but there is a small difference. The National minimum wage is the smallest amount employers legally have to pay to employees over compulsory school age but under … Read More

Warning over 60 days sickness was discriminatory

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The employment appeal Tribunal has held that a disabled employee who received a warning for taking 60 days sickness absence suffered unlawful discrimination. Why? Background facts Mrs O Connor (O) commenced work with DL Insurance services (DL) in June 2005.  O had a customer support role which involved her speaking to customers on the phone. According to the case reports, … Read More

Making wage deductions for the cost of training

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When an employee leaves employment, you might wish to recover the cost of any external training they recently undertook. When are you legally able to recoup training costs and can you do this by making deductions from the employee’s final salary payment? Training Investment If you invest in external training for employees and are worried they may leave you as … Read More

Lets talk about stress

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Latest statistics released by the HSE show that around 595,000 workers were reported to be suffering from work related stress, depression or anxiety in 2017/18, leading to 15.54 million lost working days. This represents over half of all working days lost due to ill health. The main sources of stress, anxiety or depression were identified as workload (44% of cases), … Read More