Jane,
Whether you meant it to be or not, your last reply appears unnecessarily
patronising and sarcastic............. if it meant as such, in my opinion,
it should have been sent off-list.
Regards, Bob Dunn
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
Of Jane Fairburn
Sent: 03 May 2007 13:00
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Legal issues
Greta,
I know you have written a book and I also know who Joan Lewis is. Thank you
so much for your reply.
Jane
Jane Fairburn
Occupational Health Services Director
Mobile : 07770 638 268
Office : 01925 227 000
www.people-am.com <http://www.people-am.com/>
________________________________
From: [log in to unmask] on behalf of Greta Thornbory
Sent: Wed 02/05/2007 18:02
To: [log in to unmask]
Subject: [OCC-HEALTH] Legal issues
Jane
I don't think there is anything to agree or disagree about. I do not have a
law qualification and have written a book with an employment law expert
which has been subjected to scrutiny by several (eminent) employment law
barristers. My employment law expert colleague speaks at many OH conferences
and writes in many OH publications - perhaps it is she you should take your
comments up with. I was just quoting what she wrote in the book about
treating employees fairly when sickness absence is an issue as I thought
this might help others who have similar issues, be they related to
maternity/pregnancy and overtime which may or may not be the cause of
fatigue resulting in sickness absence.
Although I wish you every success with your course - a most valuable field
to study in this day and age - unfortunately most of my OH colleagues do not
have the opportunity to do this; many of them have enough problems getting
support to do their OH courses and then their CPD. I do try to help them as
much as I am able and this book was one way in which we felt that it would
fill a void and offer OH people support. Of course Joan and I would
appreciate comments about its failings and I am sure the editor of OH would
be happy to print another, adverse, review as Anne Harriss, Reader at LSBU
gave it a glowing one. We have already been asked by Blackwells to update it
in 2-3 years and so we take onboard all comments.
Regards, Greta
----- Original Message -----
From: Jane Fairburn <mailto:[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, May 02, 2007 4:09 PM
Subject: Re: [OCC-HEALTH] Legal issues
Lets just agree to disagree. I am doing an ILEX level 6 Higher
Diploma in Employment Law so its my obsession at present.
If you want to look it up though its International Sports Ltd V
Thompson 1980 and its in my revision pack (exam 4th June) as the best case
(old but relevant!) The Lynock case was about it not being necessary to seek
medical evidence in respect of repeated short term absences which was
affirmed by the EAT. I still don't see the link with the original enquiry!
Regards,
Jane
Jane Fairburn
Occupational Health Services Director
Mobile : 07770 638 268
Office : 01925 227 000
www.people-am.com <http://www.people-am.com/>
<http://www.people-am.com/>
________________________________
From: [log in to unmask] on behalf of Greta Thornbory
Sent: Wed 02/05/2007 15:09
To: [log in to unmask]
Subject: [OCC-HEALTH] Legal issues
Jane
The relationship is that employers need to be able to demonstrate to
an ET that they have treated the employee with 'sympathy, compassion and
understanding' . If they can do that then the Tribunal will look favourable
on their case. As I understand it most cases get to ET and win because
employers have not shown 'sympathy, compassion and understanding' . The
barristers may well quote Lynock.
I'm afraid I don't know the case you quote and it is not one that
Joan Lewis put in the book; do you have a date and an EAT no? I have googled
it but nothing comes up - unlike Lynock. Joan always quotes Lynock as the
'gold standard' case that sets the standard for fairness and reasonableness
in managing ill health in employment.
Regards, Greta
Greta Thornbory
Consultant, Occupational Health & Education
Consultant Editor, OH Journal
www.gtenterprises-uk.com <http://www.gtenterprises-uk.com/>
<http://www.gtenterprises-uk.com/>
Tel: 01235 770156
Mob: 07778 518 027
----- Original Message -----
From: Jane Fairburn <mailto:[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, May 02, 2007 10:38 AM
Subject: [OCC-HEALTH] Pregnancy Tiredness
Greta,
Having reviewed Lynock, what is the relationship with the pregnancy
tiredness issue?
If its a short term sickness absence matter (which Lynock is) then
Thompson v International Sports is still the best reference?
Regards,
Jane
Jane Fairburn
Occupational Health Services Director
Mobile : 07770 638 268
Office : 01925 227 000
www.people-am.com <http://www.people-am.com/>
<http://www.people-am.com/> <http://www.people-am.com/>
________________________________
From: [log in to unmask] on behalf of Greta Thornbory
Sent: Tue 01/05/2007 21:11
To: [log in to unmask]
Subject: [OCC-HEALTH] Lynock
Hi Glenn
You can find details of this in our book on page 128. Mind you it
would help if I could type better and give you correct info as it should
have read LYNOCK... However, for those who do not have the book just Google
it and there are a number of references to it you can read.
G
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