Bullying and Absence
by Philip
The EAT has recently re-visited the issue of handling sickness absences where the reason for the sickness absence might be either wholly or partly the fault of the employer. In this case, where the employee was off sick as a result of bullying in the workplace, the the EAT were keen to stress that employers should wait longer before dismissing and make more strenuous attempts to find alternative employment than in a case where the sickness absense could not be laid at the foot of the employer. Therefore one size does not fit all when employers come to deal with dismissal through long term absence, a distinction is drawn between sickness where the employer is (or may be) wholly or partly to blame and sickness which is no fault of the employer. More is expected in the former case.
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