Griffiths v The Secretary of State for Work and Pensions [2014] UKEAT/0372/13; [2015] EWCA Civ 1265 – Law Journals

Ill-Health Dismissals: Waiting game

The Court of Appeal has recently considered whether an employer should postpone dismissing an employee on long-term sick leave who suddenly claims they are fit to return. Lorna Scully reports ‘An employer must assess each decision it takes under a sickness absence procedure and justify it as a proportionate means of achieving a legitimate aim.’In …

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Disability Discrimination: Lessons from recent case law

After two decades, the law on disability discrimination continues to pose challenges for employers and their advisers, reflects Antonia Blackwell ‘One of the key considerations for an employer when managing a disabled employee is whether it can make any reasonable adjustments to enable the employee to return to work in their original role or any …

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Absenteeism: Managing employee sickness

Laura Garner offers some tips for employers when dealing with sickness absence and reviews recent case law developments ‘It is one thing for an employer to discover general performance or disciplinary concerns while an employee is off sick. However, what if the disciplinary issues relate to the sickness absence itself?’ There is no doubt that …

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Disability Discrimination: A minefield for employers

Three recent cases highlight some of the tricky situations that employers face when dealing with employees who have a disability, reports Rachel Farr ‘The Government Equalities Office (GEO) has published guidance on matters to be taken into account in determining questions relating to the definition of disability, which contains examples of normal day-to-day activities.’Disability is …

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The Year Ahead: Ten predictions for 2016

Sarah Parkin rounds up the key employment law cases and legislative developments that practitioners can expect in the coming year ‘2016 looks set to be an interesting year for employment practitioners and in-house counsel. The top ten developments to look out for are outlined in this article.’ With a number of significant Court of Appeal …

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Disability Discrimination: EAT puts its finger on the trigger point

Louise Mason examines a recent ruling on whether employers need to adjust absence policies to avoid treating disabled staff unfairly ‘It was acknowledged that the policy made special further provisions for those with disabilities, but the EAT did not consider that it was necessary to apply these in order to discharge the duty to make …

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