Managing ill and injured workers: best practice
An employee has been absent on a number of occasions. The medical certificates state that the employee is suffering from a “medical condition”. The workplace relies on that employee to function as a member of a team and his/her absences are impacting on the work being done and their colleagues. The employee does not provide any further information about his/her medical condition. Can you require the employee to submit to a medical examination and what happens if the employee refuses?
Often, the first step is for an employer to ask, and if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that direction will stand up and what the consequences of that direction are (that is, can the employer dismiss the employee?).
Typically, the employee will challenge the employer’s right to give that direction by alleging that such a direction is not a lawful or reasonable direction or that it amounts to disability discrimination or adverse action because it constitutes a “detriment” in employment and the detriment is due to the disability…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The High Court of Australia has held that the termination of an employee for holding up a ‘scab’ sign while engaging in lawful industrial activity did not breach the Fair Work Act.
Pensions News — September 2014: budget reforms; legislation; public service pension schemes; and more
This edition of Pensions News summarises the key developments from September 2014.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.