Labour & European Law Review
16 December 2015
The TUC has published guidance on well-being at work to help reps identify the work practices which may be the cause of workforce ill health and ensure they are involved in resolving them.
The law says that employers only have to apply the same sanctions when disciplining an employee if the circumstances are “truly parallel”. In MBNA Ltd v Jones, the Employment Appeal Tribunal (EAT) confirmed that there are very few cases in which the circumstances will be sufficiently similar to require employers to administer the same sanctions.
The Employment Appeal Tribunal (EAT) has held in Monmouthshire County Council v Harris that tribunals should ask in a claim of unfair dismissal on grounds of capability following ill-health absence whether the employer could have been expected to wait longer before deciding to dismiss.