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Malingerers' Charter to Hit Firms During Christmas Shutdown- 23/11/2009
Black Country firms could face a host of claims for extra holidays from workers claiming they were sick during the traditional Christmas shutdown, warns a leading Wolverhampton employment lawyer.
Tracy Worthington, a partner in the Employment Department at West Midlands’ law firm FBC Manby Bowdler LLP, says that a European Court of Justice ruling earlier this year means that workers who fall sick while on holiday can now legally claim extra time off.
“This Christmas will be the first time when many local firms have to face up to their obligations under what has already been dubbed a ‘Malingerers’ Charter’,” says Mrs Worthington, who is based in FBC Manby Bowdler’s Wolverhampton office.
“Under the ruling if an employee produces a sick note for all or some of the time when the employer was on annual shutdown, the employee is entitled to re-take those days when he was sick as holiday.
“This includes sick notes where employees have self-certified their illness, which they can do for up to seven days, making the system particularly open to abuse by workers who have over-indulged during the Christmas fortnight, as the long holiday makes it especially difficult for employers to check up.”
According to Mrs Worthington, employers will have to take this change on the chin, but should look closely at their sick pay provisions.
She warns: “Employers who offer generous amounts of days off sick and enhanced sick pay may find themselves hit more heavily. As a result more employers may change their terms and conditions to offer only Statutory Sick Pay, but as with any alteration to terms of employment, employers should first seek legal advice about the best way of achieving this.”
With 36 partners, FBC Manby Bowdler is the fourth largest law firm in the West Midlands. It has offices in Wolverhampton, Shrewsbury, Telford, Bridgnorth and Willenhall.