David Hodge provides insights on the legal implications of severing remote access for long-term sick employees.
- The Equality Act 2010 safeguards against indirect discrimination, impacting those on long-term sick.
- Case law highlights potential pitfalls when cutting email access for disabled employees on extended leave.
- Chawla v Hewlett Packard Ltd exemplifies the consequences of not making reasonable adjustments.
- The tribunal emphasised the necessity of keeping employees informed during organisational changes.
David Hodge, a legal expert, raises concerns about the potential indirect discrimination when employers cut off remote access for employees on long-term sick leave. The Equality Act 2010, a vital piece of legislation, protects employees from both direct and indirect discrimination. Indirect discrimination occurs when a seemingly neutral condition disadvantages a ‘protected’ group, including those who are disabled or chronically ill.
The case of Chawla v Hewlett Packard Ltd serves as a key example of the complexities involved. Mr. Chawla, who suffered from a stress-related illness, had his access to company email and intranet suspended following a company policy aiming to minimise hacking risks. This restriction occurred shortly after his transfer to Hewlett Packard through a process governed by the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). Although his financial detriment was not proven, the tribunal found it was a failure to ensure that Chawla was adequately informed of changes affecting his employment terms.
As noted in the tribunal’s decision, Hewlett Packard’s policy inadvertently caused Mr. Chawla to miss critical updates related to share purchase options and the TUPE transfer. Consequently, he lodged grievances highlighting his exclusion from essential communications and opportunities available to his colleagues. The lack of timely information, which other employees received, underscored the company’s failure to make reasonable adjustments for an employee on long-term sick leave.
In rendering its decision, the Employment Tribunal recognised that not keeping Mr. Chawla informed amounted to a breach of both reasonable adjustments under the Equality Act and TUPE regulations. The tribunal underscored the necessity for employers to ensure equity among all employees, especially when pertinent information is pivotal for their welfare and professional opportunities.
This case is a cautionary tale for organisations considering severing email or other forms of communication access to employees on extended leave. It stresses the importance of maintaining open channels for essential updates and highlights the potential legal ramifications of failing to do so.
The Chawla case underscores the imperative for employers to carefully consider the equality and communication needs of employees on long-term sick leave.
