Sickness absence change unlawful 


Imposed changes to a Department for Transport (DfT) sickness absence policy were unlawful, an appeal court judge has confirmed.


The DfT had tried to impose draconian changes to its procedures in 2012, including reducing the trigger points before action would be taken, but a court ruled them unlawful last year.


“The new trigger points were much stricter,” said Prospect legal officer Linda Sohawon. “They would stigmatise individuals who may have chronic complaints or unrelated illnesses and create anxiety because of the threat of disciplinary action.”


Now the appeal court has agreed terms set out in the staff handbook for the DfT and its agencies were contractual and could not be amended without agreement.


In echoes of the 2013 ruling against the Department for Communities and Local Government over check-off, Lord Justice McCombe said they were “apt for incorporation as a contractual term”.


The court heard the handbook stated it set out “many of your terms and conditions”, including the section on health that outlined “your terms and conditions of employment relating to sick leave” and “… to the management of poor attendance”.


The case, which was supported by the PCS, the FDA and Prospect unions, was taken by seven employees from the DfT, Driving Standards Agency, DVLA, Highways Agency, Maritime and Coastguard Agency, Vehicle Certification Agency and Vehicle and Operator Services Agency.


www.pcs.org.uk/en/news_and_events/pcs_comment/pcs_comment.cfm/key-legal-ruling-on-sick-absence


www.prospect.org.uk/news/id/2016/April/15/Court-Appeal-finds-change-sickness-absence-procedure-unlawful


www.bailii.org/ew/cases/EWCA/Civ/2016/360.html