This week's case of the week, provided by Addleshaw Goddard, covers ill-health retirements.
The Employment Appeal Tribunal has held that an employee who was sick during her ordinary maternity leave was not entitled to be paid contractual sick pay during that period.
In E A Gibson Shipbrokers Ltd v Staples EAT/0263/07, the Employment Appeal Tribunal (EAT) has held that an employment tribunal had not explained its reasoning when deciding that an employer had failed to make reasonable adjustments with regard to a disabled employee. The employer was not required to pay full pay to the employee when contractual sick pay expired.
In Commissioners for Her Majesty's Revenue and Customs v Thorn Baker Ltd and others  EWCA Civ 626 CA, the Court of Appeal has held that agency workers engaged on fixed-term contracts of less than three months are not entitled to statutory sick pay.
In O'Hanlon v Commissioners for HM Revenue & Customs  EWCA Civ 283 CA, the Court of Appeal has held that failing to pay a disabled employee full pay when on sick leave will not normally breach the duty to make reasonable adjustments.
In Fowler v London Borough of Waltham Forest EAT/0116/06, the Employment Appeal Tribunal (EAT) has reiterated that the duty to make reasonable adjustments for the disabled does not normally include giving full pay to an individual during sickness absence.
In Burlo v Langley and another  EWCA Civ 1778 the Court of Appeal holds that an employee's compensation for lack of notice was restricted to her actual loss where she would have been in receipt of statutory sick pay during the notice period.
HR and legal information and guidance relating to health-related benefits.