Sickness and absence

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The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct

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,

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will

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),

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...

7th Oct

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...

26th Sep

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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....

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

25th Sep

Practice notes

Striking out and unless orders in employment tribunal proceedings

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

25th Sep

In-house

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),...

25th Sep

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...

25th Sep

In-house

Most recent Sickness and absence content

Practice notes

Smoking in the workplace

FORTHCOMING CHANGE: The smoke-free provisions of the Public Health (Wales) Act 2017 (not yet in force) replace, in Wales, the current regime under the...

25th Sep

Practice notes

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

Employees are protected against dismissal and from suffering a detriment for reasons related to pregnancy, childbirth and maternity leave.Protection...

25th Sep

Practice notes

Risk assessments, suspension or removal from work relating to maternity

The Pregnant Workers Directive 92/85/EEC (PWD) requires Member States of the EU to implement measures to encourage improvements in the safety and...

25th Sep

COVID-19

Practice notes

Dealing with persistent, intermittent, short-term absences

Many employers find dealing with this type of absence particularly frustrating, as often the employee will have periods of good attendance,...

25th Sep

Practice notes

Dealing with malingerers

The term 'malingerer' is used in this Practice Note to refer to an employee who is absent and gives illness or injury as the reason for absence, but...

25th Sep

Practice notes

Duty to make reasonable adjustments

Nature of the dutyThe duty to make reasonable adjustments (referred to below simply as 'the duty') comprises three requirements.The element that is...

25th Sep

COVID-19

In-house

Practice notes

Disability

This Practice Note considers the definition of disability for the purposes of protection from discrimination and other prohibited conduct under the...

25th Sep

In-house

Practice notes

Evidence in disability discrimination claims

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

25th Sep

Practice notes

Medical reports under GDPR and AMRA 1988

This Practice Note sets outs the issues an employer will need to consider when seeking medical reports on employees and prospective employees.Before...

25th Sep

Practice notes

Holiday and sickness absence

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...

25th Sep

COVID-19

In-house

Practice notes

Dealing with pregnancy-related sickness

An employee who is pregnant may take time off sick, either due to a pregnancy-related sickness or due to illness unconnected to the pregnancy. As a...

25th Sep

Practice notes

Pregnancy and maternity discrimination

This Practice Note sets out the law regarding discrimination because of pregnancy, pregnancy-related illness or maternity under the Equality Act 2010...

25th Sep

In-house

Practice notes

Dealing with long-term or chronic sickness

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

26th Sep

In-house

Practice notes

Dealing with stress and mental ill health in the workplace

The Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to excessive pressures or other types of demand placed on...

26th Sep

COVID-19

Precedents

Medical report during employment (employer’s doctor)—employee consent form

Date:[insert date]Employee name:[insert name]Employee date of birth[insert date of birth]Employee address:[insert address]Employer name:[insert...

26th Sep

Precedents

ET1 grounds of unfair dismissal claim—conduct

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [service engineer] from [insert date]. [[His OR Her OR Their]...

26th Sep

Precedents

Medical report during employment (employee’s doctor)—statement of employee rights under AMRA 1988

As an employee, you have certain rights under the Access to Medical Reports Act 1988 (AMRA 1988) where we want to apply for a medical report for...

26th Sep

Precedents

Medical report during employment (employee’s doctor)—letter to employee requesting report

[insert date][insert employee’s name and address]Private and confidentialDear [insert name]Consent to medical report from your doctorFollowing [your...

26th Sep

Precedents

Policy—smoking

FORTHCOMING CHANGE: The smoke-free provisions of the Public Health (Wales) Act 2017 (not yet in force) replace, in Wales, the current regime under the...

26th Sep

Precedents