This updated version of the guide originally published in 2004 includes an overview of developments in government policy, such as incapacity benefit reform, which will have a major effect on how employers deal with incapacitated employees as well as covering important changes to employment law.
Key areas of employment law with implications for managing incapacity are explained in plain English including the employment contract, personal injury, disability discrimination, unfair dismissal and health and safety. New changes to disability discrimination are covered including the law on stress-related mental health. And managers are advised on how to avoid less favourable treatment of disabled staff, with real life examples.
The guide offers expert advice on issues such as when an employer may lawfully dismiss an employee on long term sick leave, and how to develop policies and a company culture which differentiate clearly between performance and sickness issues.
There is a new section providing clear explanations for managers of good practice in managing incapacity including absence management systems, early occupational health interventions, vocational rehabilitation and case management.
As well as a number of practical case studies, the main sections covered by the guide are:
- The employment contract
- Health and safety
- Managing stress lawfully
- Disability law guidance
- Unfair dismissal
- Drugs and alcohol
- Document management
- Good practice in managing incapacity