Practical guidance on dealing with an employee with a poor sickness absence record, including obtaining a medical report; disability discrimination; and dismissal for ill health.
Practical guidance on the situation where an employee goes off sick during a disciplinary process, including medical evidence; and postponement of the disciplinary hearing.
In Schultz-Hoff v Deutsche Rentenversicherung Bund; Stringer and others v Her Majesty's Revenue and Customs Cases C-350/06 and C-520/06 ECJ, the ECJ has held that the Working Time Directive allows member states to prevent workers from taking annual leave during periods of sickness, provided that they are permitted to take it at some other time. If sickness prevents a worker from taking his or her annual leave entitlement, it must be carried over into the next leave year. Workers whose employment is terminated cannot have their payment in lieu of annual leave reduced on account of a period of sickness prior to the dismissal.
The Employment Appeal Tribunal has held that an employee who was sick during her ordinary maternity leave was not entitled to be paid contractual sick pay during that period.