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Archive for July, 2008

Absence Management

By Susan Montgomery on the 28th July, 2008. No comments

Attached are 4  x PDF files from CIPD which are intended to be a summary of how to manage absence. This includes:
1) Do you have an absence problem?
2) How do you develop an absence strategy?
3) How do you deal with short term recurrent absence?
4) How do you deal with long term absence
These 4 papers are [...]

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Sickness absence and holidays

By Susan Montgomery on the 19th July, 2008. 1 comment

 
The advocate general has recommended that workers on sick leave should
accrue annual leave, but should not be able to take holiday during sickness absence. 
The advocate general has also suggested that workers on sick leave for an entire holiday
year should be able to carry forward their accrued but untaken holiday to the
following holiday year.  This would [...]

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Can I sack a long-term sick employee?

By Susan Montgomery on the 13th July, 2008. 1 comment

M R L writes: One of my employees, who has been with me for 18 months, is currently off ill due to stress.
He has now been absent for three months on full pay.
I am paying somebody to perform a job when he is not even at work. Am I able to dismiss him or do [...]

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Contracts of Employment: SG and R Valuation Services v Boudrais

By Susan Montgomery on the 9th July, 2008. 1 comment

The High Court gave an analysis of the law relating to gardening leave and
confirmed that an employer can insist on a period of garden leave even where no express
clause exists in the contract of employment.

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Yorkshire Housing –v- Swanson

By Susan Montgomery on the 9th July, 2008. No comments

The EAT held that a delay of five months between a disciplinary hearing and notice of
dismissal for gross misconduct rendered the dismissal automatically unfair.

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London Borough of Lewisham –v- Malcom

By Susan Montgomery on the 9th July, 2008. No comments

he House of Lords considered the meaning of s3 of the Disability Discrimination Act 1995.
It was held that the correct comparator in disability discrimination cases is a person who does not have
the disability but whose circumstances are otherwise the same, overturning the decision in
Clarke –v- Novacold. In the case of an employee dismissed for long-term [...]

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Alan Sugar’s Apprentice pulls a “sickie”

By Susan Montgomery on the 3rd July, 2008. No comments

From the Metro.
It can happen to the best of us.
Apprentice winner pulls a sickie on first day
Wednesday, July 2, 2008
Lee McQueen It was the job he beat 15 other people on national TV to win but on his first day Apprentice winner Lee McQueen was forced to pull a sickie.
The 30-year-old, who returned [...]

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