An interesting case, Donelien v Liberata UK, recently highlighted the difficulty around identifying disability. The Court of Appeal confirmed that there is a duty on employers to consider all information, not just the OH report.
An Occupational Health referral can take time to complete, but the time and effort you put in is worth it in order to get the best out of the process. Here are our top tips on things to consider.
Case-law has given some guidance in relation to dismissing someone due to ill health. In order to fulfil these obligations and follow a fair process we would recommend considering these points.
It’s inevitable that your employees will at some point during their employment be absent due to illness. Most ailments last only a day or so – some a week or two – but the policy you have in place for managing absences, your contractual entitlement to sick pay and how you manage absences will all determine the level of impact on the organisation.