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Sexual harassmentBullying and harassmentMaternityDisciplineLatest News

Top 10 HR questions September 2024: Sickness during disciplinaries

by Brightmine 2 Oct 2024
by Brightmine 2 Oct 2024 Short-term sickness absence should not pose much of a problem for a disciplinary process. Photo: Dmytro Zinkevych/Shutterstock
Short-term sickness absence should not pose much of a problem for a disciplinary process. Photo: Dmytro Zinkevych/Shutterstock

Brightmine logoSickness absence during a disciplinary process is a common obstacle for employers to navigate.

A delay to accommodate short-term sickness absence should not pose too much of a problem, but a more difficult situation arises if the employee is likely to be absent for a significant length of time.

In exceptional circumstances, it may be fair to go ahead with a disciplinary hearing in the employee’s absence, but there are a number of steps that the employer should take before even considering this.

The top FAQ for September looks at how an employer can maintain a fair process when an employee is on sickness absence.

Another of the questions in the top 10 looks at which employers are required to publish a slavery and human trafficking statement, to set out how they make sure modern slavery is not taking place in their business or supply chains. Recent news about victims of human trafficking working at McDonald’s and in supermarket supply chains highlights the importance of making sure this is not just a tick-box exercise.

An FAQ on liability for harassment at work-related social events also features in the top 10 for the month, ahead of the new preventative duty on sexual harassment coming into force later in October.relx_copyright – This article is Brightmine content – Copyright 2024 LexisNexis Risk Solutions

The top 10 HR questions in September 2024:

1. Can an employer invite an employee to attend a disciplinary hearing when they are on sick leave?

2. Can employers be held liable for harassment that takes place during a work-related social event?

3. Which employers are required to publish a slavery and human trafficking statement?

4. Where a fixed-term employee’s contract is due to terminate while they are on maternity leave, must the employer re-employ them at the end of the maternity leave?

5. If a third party harasses an employee, will the employer be liable for the third party’s actions under the Equality Act 2010?

6. What counts as “working time” for the purposes of the Working Time Regulations 1998?

7. Can an employer dismiss an employee because they are in prison?

8. Where an individual’s employment offer is withdrawn due to an unsatisfactory reference do they have any right to see the reference?

9. Who is covered by the definitions of irregular hours workers and part-year workers in the Working Time Regulations 1998?

10. In what circumstances may an employer deduct wages from an employee?

Brightmine

Brightmine is the UK's most comprehensive online source of legal compliance, good practice and benchmarking information made available to HR professionals as a single subscription service.

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