Updated for 2024
Croner have created some case studies based on real calls received from our members. All personal details have been removed to retain anonymity. If the following examples sound like a situation you are facing, do not hesitate to contact --Croner for support on 0844 561 8133.
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January to March 2024
Case study: A pattern of lateness to work
The situation: 'I have a member of staff who is persistently late to work. We've carried out an investigation and presented the employee with an improvement plan. Things haven't improved in the last couple of weeks, and now the employee is saying the lateness is due to a disability. Is there anything more we should do before proceeding to a disciplinary?'
Croner's advice: In this situation, it’s important not to discriminate the employee due to their disability. Assess whether you can provide reasonable adjustments such as pushing back the employee’s start time. If the lateness persists, we’d recommend obtaining a medical report to see if there are any further reasonable adjustments for the employee. If no further adjustments can be made, and lateness is still persisting, we’d recommend conducting a formal meeting to assess the employee’s medical capability
Case study: Standardising leave time for long-serving employees
The situation: ‘We have a long service employee who has an enhanced holiday allowance. For financial reasons, we’re looking to reduce this to match all other employees. Do we need to consult with the employee before doing so?’
Croner's advice: As you’re looking at making contractual changes, you will need to consult with the employee to obtain agreement, in order for the changes to be lawful. We recommend that these discussions are documented, and the agreement is confirmed in writing. If you proceed with enforcing the changes without the employee’s agreement, you will be in breach of contract. In this instance, the employee would have a valid claim for tribunal.