We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Where covertly filmed evidence would suggest to a lay person that an employee is feigning illness, employers should not take disciplinary action without first obtaining a medical opinion on whether the evidence supports this view
Overturning a High Court ruling, the Court of Appeal has decided that an NHS Trust's termination payment was not ultra vires even though it exceeded the maximum the employee could be awarded had she gone to tribunal
A worker who is sick during statutory holiday should be allowed under EU law to take the holiday at a later date, if necessary in the following holiday year, according to the ECJ
An employer cannot claim for loss caused by an employee's mental illness merely because the employee fails to mention a history of mental illness at the recruitment stage
