Ensuring eSignature Lawfulness for Leave of Absence Agreement in United Kingdom

How to eSign a document: eSignature lawfulness for Leave of Absence Agreement in United Kingdom

this employment law video is on long term absence it is a misconception that employers cannot dismiss employees who were on long term sickness capability is a potentially fair reason for dismissal and a dismissal on the grounds of ill health could be fair an employer would be required to follow a fair process also an employee could depending on the particular circumstances come within disability discrimination protection support for the employee employees who are on long term sickness should be supported by their employers this could include keeping in regular contact with the employee and agreeing a preferred method of communication ensuring that any statutory sick pay or contractual sick pay obligations are met also exercising any discretion to pay sick pay fairly and before an employee returns to work consider referring the employee for an occupational health assessment and agreeing a back to work plan unfair dismissal generally employees who have at least two years continuous service with their employer have the right not to be unfairly dismissed in long term sickness cases relevant matters for determining whether the employer acted fairly could include inviting the employee to hearings and providing warnings obtaining adequate medical evidence prior to any decision considering alternative options to dismissal inviting the employee to a hearing prior to any decision to dismiss allowing the employee to put forward their case giving the employee a right of appeal disability discrimination an employee on long-term sickness absence may come within disability discrimination protection to fall within scope a person would need to have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities long term means that the adverse effect has lasted more than one year or is likely to last more than one year where a person comes within the definition an employer must not discriminate and that would include complying with the duty to make reasonable adjustments adjustments could include for example obtaining an occupational health assessment altering duties changing hours providing a phased return to work and making changes to a workstation medical reports it's important for employers to be aware of the provisions of the access to medical reports Act the provisions apply when the medical report is sought from a medical practitioner who has previously been responsible for the clinical care of the employee in such cases the employee must have given their explicit consent to the employer before the employer asks the doctor to examine the employee also when asking for consent the employer must notify the employee of their rights under the legislation that's my video on managing long term absence the usual caveat is that this video is for guidance only and should not be relied upon for specific advice for more information do visit my website and if you're interested in receiving notifications on other employment law videos do subscribe to my channel