Posts Tagged ‘employment law’

Will flight disruptions cause eruptions in the workplace?

Friday, April 23rd, 2010

Last Cawthra Feather SolicitorsAs airlines continue to face a huge logistical operation to return holidaymakers to the UK after an unprecedented six-day shutdown, employers and stranded employees have another challenge to face which may cause further post Eyjafjallajokull eruptions.

Steve Willey, HR and Employment Law Consultant with Yorkshire Law firm, Last Cawthra Feather offers local employers clarification on returning employee issues:

Airlines such as Ryan Air initially announced that they will not pay their customers a penny more than the cost of their flight in compensation, asking the Government to foot the bill instead. This added insult to injury for the thousands of Yorkshire people stranded overseas and unfortunately many will be faced with yet more hurdles to jump when they return to work – a real prospect many employers will have to be prepared for.

In a nutshell, if an employee is on holiday and unable to report for work at the end of their pre-booked time they have three options. They can forfeit any remaining holiday entitlement to make up the shortfall, ask their employer to grant them unpaid leave or agree to make up the time. This is obviously at the discretion of the employer or based upon the terms of employment.

Employees are prevented by law from using holiday entitlement from the last or next years allocation unless that leave is over and above the minimum statutory entitlement of 5.6 weeks. However, any leave used to compensate the unrequested holiday will have to be given with the employers consent as the employee has no legal right to take it without agreement.

However for those employers whove not been informed of a member of staffs absence, theyre well within their rights to take the matter further. They can also request specific information about their absence if they strongly believe that the information provided is an inaccurate account.

Employees who are abroad on business are however entitled to their normal salary and allowances if they are delayed. This would typically include any out of pocket expenses, but doesnt have to include private costs, such as additional child care – yet again this is discretionary.

Steve concludes: The after effects of this natural disaster have been catastrophic for not just the travel sector, but British business as a whole. The domino effect will continue to be felt throughout industry for the months to come, so its incredibly important that those involved seek professional advice to smooth the difficult times predicted ahead. 

For further information, contact Steve Willey at Last Cawthra Feather on Tel:01274 848800 or visit www.lcf.co.uk

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Fit notes replace sick notes

Tuesday, April 20th, 2010
Victoria Robertson, Employment Law Specialist at the Needle Partnership

Victoria Robertson, Employment Law Specialist at The Needle Partnership

The Social Security (Medical Evidence) Regulations and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations came into force on 6 April. This means that ‘sick notes’ are now a thing of the past, replaced by ‘fit notes’.

The government hopes that fit notes will encourage further discussions between employee and
employer and doctor and employee, putting the emphasis on the return to work rather than on the absence from work.

What’s changed?

There are various differences between sick notes and fit notes. The “fit for work” option has been removed, replaced by a new option for a GP to tick a box stating that the employee “may be fit for work” with some support (note the word “may” – the onus is on the employer to ascertain if the GP’s recommendations can be put in place). GPs have the option to recommend a phased return to work, altered hours, amended duties, or workplace adaptations, and to include some comments about the effect of the employee’s condition.

The ‘not fit for work’ box is still an option and is bound to remain the most commonly-used feature, especially for short-term absence (after all, altered hours would not help, for example, a broken back!). The maximum length of a fit note in the first six months’ absence is three months, reduced from six months with sick notes.

What’s the effect for employers?

We will be watching with interest to see how helpful fit notes actually are to employers.

Employees can still self-certify illnesses of up to seven days, so ‘fit notes’ are only useful for managing long term absence. Unfair dismissal law already requires employers to consider measures to assist employees in returning to work as an alternative to dismissal, but the fit-note will bring the GP’s opinion more firmly into the equation. As always, if an employee requests flexible working, the employer is obliged to consider the request, but can decline for various business reasons.

We think it likely that employers will still need full medical reports on employees on long-term sick leave, to understand more fully the reason for and estimated length of their absence. The fit note is a good starting point but in certain situations employers will need more details, especially where the employee may have a disability.

Employers already have a duty to make reasonable adjustments for disabled employees, but whilst the fit note does not introduce any new duties it may be useful in opening up a dialogue on adjustments, and establishing what may be reasonable.

The main effect of fit notes is perhaps a psychological one upon employees, as they are now being asked from the outset to consider their return to work. For employers dealing with sickness absence and its financial and organisational ramifications, this can only be a good thing.

For assistance with employment questions please contact Victoria Robertson, a specialist employment law solicitor at The Needle Partnership Tel: 08445 611484 or email victoria.robertson@needlepartners.com 

The Needle Partnership
 

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