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Unions defend absence management ruling

Unions defend absence management ruling

Prospect, the FDA and PCS were at the Court of Appeal on 16 February to defend a successful High Court judgment which held that the sickness absence policies applied to employees in the central Department for Transport and its agencies are contractual.



In 2012 the DfT had attempted to impose harsh changes in sickness absence procedures, including reducing the “trigger points” for acting against workers taking sick leave. For example, a formal written warning would result from absences of eight working days and this would start the dismissal procedure.

The DfT appealed the judgment of the High Court in Sparks & others v Secretary of State for Transport and still wishes to impose the new central absence management policy on all employees.

Judgment in the Court of Appeal has been reserved and this will be reported in due course.

More information about the case: