Sickness and absence

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Latest Employment News

Step into step 3: Employer’s guide to the next stage of the government’s roadmap

The following Employment news provides comprehensive and up to date legal information on Step into step 3: Employer’s guide to the next stage of the government’s roadmap

The gender pay gap in a COVID-19 world — Are we falling back on old habits?

The following Employment news provides comprehensive and up to date legal information on The gender pay gap in a COVID-19 world — Are we falling back on old habits?

Will a digital only immigration status for EU nationals be discriminatory?

The following Employment news provides comprehensive and up to date legal information on Will a digital only immigration status for EU nationals be discriminatory?

Employment weekly highlights—13 May 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—13 May 2021

Featured Employment content

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Nov

Precedents

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

9th Nov

Practice notes

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

9th Nov

In-house

Most recent Sickness and absence content

Practice notes

Coronavirus (COVID-19)—issues for employers

Coronavirus (COVID-19)—issues for employersSTOP PRESS (11/5/21): The Prime Minister confirmed on 10 May 2021 that planned Step 3 easements would go...

15th May

COVID-19

In-house

Practice notes

Dealing with stress and mental ill health in the workplace

Dealing with stress and mental ill health in the workplaceThe Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to...

15th May

COVID-19

Practice notes

Coronavirus (COVID-19)—sickness and other absence

Coronavirus (COVID-19)—sickness and other absenceUPDATE (13/5/21): The Prime Minister confirmed on 10 May 2021 that planned Step 3 easements would go...

15th May

COVID-19

Practice notes

Dealing with long-term or chronic sickness

Dealing with long-term or chronic sicknessThis Practice Note provides a toolkit for employers and advisers for the management of long-term ill health...

15th May

In-house

Practice notes

Risk assessments, suspension or removal from work relating to maternity

Risk assessments, suspension or removal from work relating to maternityCoronavirus (COVID-19): Issues relating to risk assessments, suspension and...

15th May

COVID-19

Practice notes

Dealing with persistent, intermittent, short-term absences

Dealing with persistent, intermittent, short-term absencesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

15th May

Practice notes

Holiday and sickness absence

Holiday and sickness absenceCoronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are...

15th May

COVID-19

In-house

Practice notes

Sick pay

Sick payIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

15th May

COVID-19

In-house

Practice notes

Dealing with pregnancy-related sickness

Dealing with pregnancy-related sicknessIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

15th May

Practice notes

Disability

DisabilityIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the...

15th May

In-house

Practice notes

Medical reports—data protection issues and AMRA 1988

Medical reports—data protection issues and AMRA 1988This Practice Note sets outs the issues an employer will need to consider when seeking medical...

15th May

Practice notes

Discrimination arising from disability

Discrimination arising from disabilityThis Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied...

15th May

Practice notes

Evidence in disability discrimination claims

Evidence in disability discrimination claimsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...

15th May

Practice notes

Duty to make reasonable adjustments

Duty to make reasonable adjustmentsNature of the dutyThe duty to make reasonable adjustments (referred to below simply as 'the duty') comprises three...

15th May

COVID-19

In-house

Practice notes

Smoking in the workplace

Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...

15th May

Practice notes

Pregnancy and maternity discrimination

Pregnancy and maternity discriminationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

15th May

In-house

Practice notes

Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave

Detriment or dismissal on grounds of pregnancy, childbirth or maternity leaveIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...

15th May

Practice notes

Dealing with malingerers

Dealing with malingerersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

15th May

Precedents

Policy—smoking

1Purpose and scope1.1The Company has a duty to ensure, so far as reasonably practicable, the health, safety and welfare of its employees at work. The...

4th May

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

27th Apr