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Home > Courses > Employment Law >

Sickness and Absence

Sickness and Absence Pt.1

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Sickness and Absence three CPD hours in one-hour segments
Alison Russell

Alison Russell

Alison Russell is the Head of the Pump Court Chambers Employment Team and appears in Chambers Directory 2010.

Alison is highly regarded by clients and solicitors who have praised her "razor sharp analysis and highly effective cross examination skills", and offers a wide experience of employment work, specialising in discrimination, whistle blowing, and particularly lengthy and/or complex cases.  

She has considerable experience in TUPE and re-structuring cases, including collective redundancy and trade union issues.  She regularly appears in Employment Tribunals throughout the UK and the Employment Appeal Tribunal.  Alison also appears in the High Court on restrictive covenant and confidentiality injunctions, and in the Court of Appeal.

Topics Include:

Sickness and Absence Part One

An introduction to the key provisions of the Employment Rights Ac 1996 and its application to ill-health dismissals:

  • Capability as a reason for dismissal
  • Relevant factors in determining whether dismissal is fair
  • Medical evidence and malingering
  • Requirements of a fair procedure
  • Ill health caused by the employer
Sickness and Absence Part Two

This second part of the sickness and absence seminar will focus on case law concerning stress and bullying in the workplace.  In particular it will cover:
  • The guidance of the Court of Appeal in Hatton v Sutherland & Barber v Somerset County Council and others
  • Protection from Harassment Act 1997 and its application to employment
  • Bullying and the duty of care
  • The recent stress case of Connor v Surrey County Council
Sickness and Absence Part Three

This final part of the Sickness and Absence seminar will look at some of the practical issues arising out of sickness absence.  In particular, it will consider recent changes in the law regarding:

  • Holiday entitlement and sick leave, with a detailed analysis of the judgments of the ECJ in:
    • Franciso Vicente Pereda v Madrid Movilidad SA
    • Stringer & Others v HM Revenue & Customs
  • New fit notes
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