Labour Research August 2005

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Law Matters

Sending employees home can be hostile

If an employer thinks that an employee is becoming unwell through workplace stress, but the employee has indicated that s/he wishes to continue work and has been declared fit to work by their doctor, s/he should not be sent home.

To do so, the Court of Appeal has ruled, could be seen as a hostile act; it indicates a lack of confidence in the employee, which itself may worsen the condition.

Vahidi v Fairstead House School Trust [2005] EWCA Civ 765


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