Caution against raising written concerns to employee on sick leave

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.