Court of Appeal backs unions on sick absence

Court of Appeal backs unions on sick abseence

Civil service unions have recorded a major victory on sickness absence. A Court of Appeal ruling released on 15 April has confirmed that the Department for Transport (DfT) is unable to change contractual sickness absence rules without the agreement of unions. In 2012 DfT imposed major changes to sickness absence procedures, including reducing the “trigger points” for taking disciplinary action when workers were off sick (Risks 740). The imposed measures included a formal written warning for absences of eight working days, the first step in the dismissal procedure. Unions Prospect, the FDA and PCS brought breach of contract claims against the DfT on behalf of members in the department and in affected agencies, the Driving Standards Agency, DVLA, Highways Agency, Maritime and Coastguard Agency, Vehicle Certification Agency and Vehicle and Operator Services Agency. “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.” The unions argued that the DfT handbook identified the sickness arrangements as being contractual and the terms could not be changed without agreement from either the employees or recognised unions. Linda Sohawon said: “This ruling is good news for employees suffering under these new procedures, as the old sickness absence policy must now apply.” The DfT terms were unusual in expressly stating that the sickness procedures were contractual.

•  Prospect news release. PCS news release. The appeal court judgment in full.