Employment and Trade Union Law
In most employment contracts an employee is not required to provide medical evidence that they are unfit for work unless they have been sick and absent for seven calendar days. At that point they will normally need to provide a 'fit note' from their GP certifying that they are not fit for work. The NHS … Continue reading Coronavirus and fit notes
Following a meeting of the union's NEC last week PCS has announced announced that this year's conference (groups and national) due to be held in Brighton this year has been cancelled. The website explains the decision in this way: The NEC also agreed that it would not be possible to go ahead with our conferences … Continue reading PCS 2020 Conference Cancelled
I have discussed the prohibition on pre-employment health enquiries imposed by the Equality Act before on this blog. Section 60 of the Equality Act 2010 imposes a prohibition on an employer making health related enquiries of a prospective employee. Section 60(1) states (1)A person (A) to whom an application for work is made must not … Continue reading Covid-19: License to discriminate?
Can an employer part pay salary with season tickets for a football club even if this takes the employee's wage below the national minimum wage? This is the interesting case that presented itself in the EAT's decision in HMRC v Middlesbrough Football and Athletic Company (1986) Limited. The case began as HMRC, who are responsible … Continue reading Middlesbrough FC not paying National Minimum Wage
The FOI Man blog has reported on the first prosecution by the Information Commissioner (ICO) under section 77 of the Freedom of Information Act 2000. This provides that where a public authority has received a request for information it is a criminal offence for a person to alter that information with intent to prevent disclosure. … Continue reading FOI and Subject Access Request Misconduct
The Burchell Test, taken from the EAT's decision in BHS v Burchell is still, over 40 years after it was first delivered, the main (but by no means only) test by which the fairness of a conduct dismissal is judged. The three-fold test sets out three questions which must each be answered positively: Did the … Continue reading Health Related Investigations
