Workers in the gig economy should get sick leave and holidays, landmark review to recommend – Daily Telegraph

Posted July 10th, 2017 in employment, holiday pay, news, sick leave by sally

‘Sick leave and paid holidays will be extended to temporary workers in the “gig economy” under plans unveiled in a landmark review commissioned by Theresa May.’

Full Story

Daily Telegraph, 9th July 2017


Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

Full story

The Guardian, 19th April 2017


Sparks and others v Department for Transport – WLR Daily

Posted April 20th, 2016 in contract of employment, employment, law reports, sick leave by sally

Sparks and others v Department for Transport [2016] EWCA Civ 360

‘A provision in the employer’s staff handbook stated that where in any 12 month period the employee had taken a number of short term absences which together exceeded 21 working days, the employee’s line manager would discuss his attendance record with him, and only if those “trigger points” had been exceeded and the line manager had consequently acknowledged that there was a problem with the employee’s attendance would the line manager take the matter forward in accordance with the relevant attendance procedures. The handbook provided that all it provisions which applied to the particular employee and were apt for incorporation should be incorporated into the employee’s contract of employment. The provision in question was in a part of the handbook on ill health, which contained the following introductory words: “This chapter sets out your terms and conditions of employment relating to sick leave … [and] the management of poor attendance….” Seven employees, all of whom were employed by different agencies within the same government department and were subject to somewhat different but materially similar provisions, brought claims contending that those provisions were terms of the contracts of employment between them and their employer. The employer maintained that the provisions were not legally enforceable contractual terms but mere notes of guidance or good practice of no legal force. The provision in respect of cumulative short-term absences in the first employee’s documents was taken to determine the question between the employer and all the employees. The judge held that the provisions were terms of the employees’ contracts of employment, and made declarations to that effect. As a result the judge declared that a new policy of attendance management introduced by the employer in July 2012 had not been effective to vary the contractual terms of the employment contracts and was not contractually binding on the employees.’

WLR Daily, 14th April 2016


Reasonable Adjustment after Griffiths – Tanfield Chambers

Posted March 15th, 2016 in disabled persons, employment, employment tribunals, equality, news, sick leave by sally

‘Is an employer ever required to dis-apply an absence management policy or delay dismissal, as a reasonable adjustment for disability? Recent decisions have suggested that the answer is no, but in Griffiths v Secretary of State for Work and Pensions [2016] IRLR 216, the Court of Appeal has redefined the correct comparator in a disability claim in a way which may make this easier for an employee to argue.’

Full story

Tanfield Chambers, 9th March 2016


EAT: employee on ‘permanent’ sick leave did not transfer to new employer under TUPE –

‘The job of a telecoms engineer on long-term sick leave with little prospect of returning to work did not transfer to a new employer as he was not “assigned” to the team when the team he worked as a part of was transferred to another service provider, the Employment Appeal Tribunal (EAT) has confirmed.’

Full story, 7th September 2015


Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

Full story

New Law Journal, 17th February 2015


NHS fraud doctor Anthony Madu avoids prison – BBC News

Posted December 16th, 2014 in community service, doctors, fraud, news, sentencing, sick leave, suspended sentences by tracey

‘A gynaecologist who defrauded the NHS out of tens of thousands of pounds working as a locum while off work sick from a Cardiff hospital has avoided prison.’

Full story

BBC News, 15th December 2014


Managing mental health issues – Hardwicke Chambers

Posted December 11th, 2014 in employment, equality, health, mental health, news, sick leave by sally

‘In 2006, it was estimated that 35% of all GP consultations involved a mental health problem and by 2011 stress had become the most common cause of long-term sickness absence for both manual and non-manual workers. If these figures are not reason enough for employers to address their employees’ mental health issues, there are plenty more statistics that may convince them:

It is estimated that three in ten people will experience a mental health problem in any one year, and this figure is likely to increase.
Work-related stress costs Britain 10.4 million working days per annum, with a disconcerting 91 million days per year lost to mental health problems generally.
The Centre for Mental Health estimates that the total cost of mental health problems at work is over £30 billion a year.
When working long hours, more than a quarter of employees feel depressed (27%), one third feel anxious (34%) and more than half feel irritable (58%).’

Full story

Hardwicke Chambers, 11th December 2014


Vanity cases? – New Law Journal

‘Employees & cosmetic surgery: Sarah Johnson reports.’

Full story

11th June 2014


Not sex discrimination to dismiss employee for post-natal depression absence after maternity leave finished, says UK EAT –

‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’

Full story, 12th March 2014


Sickness benefits legal challenge to continue – BBC News

‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’

Full story

BBC News, 4th December 2013


Female 999 operator wins pay-off from fire service after hiring private investigator to spy on her – Daily Telegraph

“A 999 operator who went on sick leave due to stress has won an £11,000 pay-off from the fire service after it hired a private investigator to spy on her and secretly fitted a GPS tracker underneath her car.”

Full story

Daily Telegraph, 5th August 2013


Euromillions lottery win leaves woman suing colleagues – BBC News

Posted July 16th, 2013 in employment, gambling, news, pregnancy, sick leave by sally

“A mother-to-be is to sue her former workmates because she missed out on a Euromillions jackpot win when she was off work with morning sickness.”

Full story

BBC News, 15th July 2013


Contracting a contagious disease in the course of a teacher’s employment – Employment Law Blog

Posted May 31st, 2013 in appeals, employment, employment tribunals, health, news, sick leave, teachers by sally

“The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides that a teacher is entitled to full pay where her ‘absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment’, and that ‘such absence was not be reckoned against the teacher’s entitlement to sick leave’.”

Full story

Employment Law Blog, 30th May 2013


Horsewoman who appeared in Queen’s Diamond Jubilee exaggerated injuries for compensation – Daily Telegraph

Posted April 29th, 2013 in compensation, fraud, health & safety, news, personal injuries, sentencing, sick leave by tracey

“A horsewoman who appeared in the Queen’s Diamond Jubilee pageant exaggerated
injuries she suffered in a fall to try to win a big compensation pay-out, a
court heard.”

Full story

Daily Telegraph, 26th April 2013


No sick pay, no maternity pay: Chancellor targets employers’ tax loophole that damages teachers’ and nurses’ rights – The Independent

Posted March 18th, 2013 in budgets, children, income tax, maternity leave, national insurance, news, sick leave by sally

“A tax loophole which allows firms to dodge around £100 million a year in National Insurance will be closed in the Budget, it was announced.”

Full story

The Independent, 16th March 2013


Court of Appeal Clarifies the Law on Holiday Pay for Sick Workers – Harwicke Chambers

Posted August 14th, 2012 in appeals, employment, holiday pay, news, sick leave by sally

“In the recent decision of NHS Leeds v Larner [2012] EWCA Civ 1034, the Court of Appeal confirmed that workers on sick leave are entitled to carry forward unused statutory holiday entitlement without needing to submit a formal request to do so.”

Full story

Hardwicke Chambers, 7th August 2012


High Court ruling will increase cost of long-term sick leave for businesses, expert warns –

Posted July 27th, 2012 in dismissal, news, remuneration, sick leave, working time by sally

“Unused holiday entitlement by workers on long-term sick leave should be automatically transferred into the next leave year if a worker is unable to take that holiday due to his or her sickness, the Court of Appeal has said.”

Full story, 27th July 2012


NHS Leeds v Larner – WLR Daily

Posted July 27th, 2012 in dismissal, law reports, remuneration, sick leave, working time by sally

NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227

“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”

WLR Daily, 25th July 2012


Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others – WLR Daily

Posted July 9th, 2012 in EC law, law reports, sick leave, working time by sally

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others (Case C-78/11); [2012] WLR (D) 194

“Article 7(1) of Parliament and Council Directive 2003/88/EC concerning certain aspects of the organisation of working time precluded national provisions under which a worker who became unfit for work during a period of paid annual leave was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.”

WLR Daily, 21st June 2012