Labour Research August 2005

Law Matters

Sending employees home can be hostile

If an employer thinks that an employee is becoming unwell through workplace stress, but the employee has indicated that s/he wishes to continue work and has been declared fit to work by their doctor, s/he should not be sent home.

To do so, the Court of Appeal has ruled, could be seen as a hostile act; it indicates a lack of confidence in the employee, which itself may worsen the condition.

Vahidi v Fairstead House School Trust [2005] EWCA Civ 765