Labour & European Law Review
01 June 2016
New research published last week by Acas into the use of ACAS conciliation where an employment tribunal claim had been lodged revealed that 71% of claims reported to ACAS did not proceed to a hearing.
The Employment Appeal Tribunal (EAT) in Lincolnshire County Council v Lupton has held that, when making an order for reengagement, tribunals must take into account whether it is “practicable” for the employer to comply. They must also specify the nature of the employment in which the claimant is to be re-engaged “with a degree of detail and precision”.
Although it is common for sickness absence procedures to be set out in a non-contractual policy, the Court of Appeal held in Department for Transport v Sparks and ors that there was no reason why sickness management procedures could not have contractual force, if that was “the proper effect of the documents as a whole”.