New guidance published for employers on the Fit for Work Scheme

The Government has produced new guidance for employers, employees and GPs on the Fit for Work Scheme. The scheme is due to be rolled out April 2015.

Fit for Work is free and there are two elements: (a) an advice service providing health and work advice through a website ( (England and Wales) and (Scotland)) and a telephone line (0800 032 6235 (England and Wales) and 0800 019 2211 (Scotland)) to help with absence prevention, and (b) a referral service providing an occupational health assessment and a return to work plan for employees who have been off sick from work, or who are likely to be off sick from work, for

“Day One” Right to Unfair Dismissal for Reservists

Reservists are entitled to a “day one” right to claim unfair dismissal if they feel that the reason for their dismissal is the result of absences from work due to their membership of the Reserve forces.

This change to the law became effective from 1st October 2014 and means that from the first day of employment a reservist can make a claim for unfair dismissal rather than, as previously, having to meet the qualifying period of 2 years which is usual for many other types of unfair dismissal claims.

Previously, meeting this length of qualifying service was difficult for reservists as time not spent in active service did

Sickness Absence Management Advice For Employers

Most organisations accept that some level of sickness absence is inevitable; however the costs associated with high levels of absence are significant. Organisations are often unaware of how to tackle this problem or even if the law permits this to occur. By following our procedures we can solve this problem within your business.
Sickness Absence Management Advice For Employers - Identifying the extent of the problem
The first step towards eliminating significant sickness absence problems is to collect data on individual absence and identify individual and collective trends. Retained Clients of EBS Law can request our template that will assist and simplify this part of the process.

There are

Retiring An Employee

Retirement is no longer a potentially fair reason for dismissal in itself; any retirement dismissal must fall within one of the other potentially fair grounds for dismissal, most commonly some other substantial reason (SOSR). If an employee decides to take retirement it is usually a resignation or a termination by mutual agreement rather than a dismissal. In the case of a resignation an employee must hand in a written notice and will remain employed for the notice period.

It is still possible to dismiss staff on grounds of their age however the company must be able to evidence a compulsory retirement age must be a “proportionate” means of achieving

Right To Work In The UK

Employers have a duty to prevent illegal working in the UK by carrying out prescribed document checks on people before employing them to ensure they are lawfully allowed to work in the UK. On 16 May 2014 changes to strengthen and simplify the civil penalty scheme for employees came into force. The maximum penalty that employers can receive for employing someone without the right to work increased from £10,000 to £20,000 per illegal worker.

Should the employer be found to be employing an illegal employee, by following the correct procedures they ensure a statutory excuse to avoid payment of the civil penalty.

This procedure includes checking the validity