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21 April 2016 0 Comments
Posted in Employment, Opinion

Caution against raising written concerns to employee on sick leave

Author headshot image Posted by , Partner

In a case which sounds a cautionary note to employers about writing to employees on sick leave, the case of Private Medicine Intermediaries Limited and others v Hodkinson is an EAT decision upholding the decision of the Employment Tribunal that the employer writing to the employee while she was on sick leave for work related stress, raising concerns about her employment which were neither serious nor urgent, was in repudiatory breach of the implied term of mutual trust and confidence and the employee had been constructively dismissed.

The Tribunal also held that the letter amounted to disability related harassment – which the EAT set aside. It considered that the Tribunal had not established facts to show that the conduct related to the employee’s disability or that it had the purpose or effect of creating an intimidating, hostile, degrading humiliating or offensive environment for her.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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