Employment Snapshot March 2026
Thursday 19th March 2026
Welcome to Gordons Employment Team’s latest update
This month we cover:
- Managing sickness absence;
- A case where a flawed appeal process in a capability dismissal rendered the dismissal unfair; and,
- A case on dismissal based on “some other substantial reason” (SOSR).
Sickness absence: why getting it right has never mattered more
Various employment law changes are scheduled to take effect next month, with one of the most notable being a substantial alteration in statutory sick pay (SSP) provisions.
These reforms broaden both the range of individuals who may claim SSP and increase the likelihood of claims occurring. Since SSP is a non-recoverable cost for employers, there is increased commercial motivation to implement effective absence management strategies.
Flawed appeal process in a capability dismissal rendered the dismissal unfair
Recent case, Milrine v DHL Services Limited [2026] EA 31, acts as a reminder to employers to ensure a clear and fair process is followed in relation to appeals. Here, a flawed appeal process in a capability dismissal rendered the dismissal unfair.
No guilt by association: using SOSR for basis of dismissal
Recent case, Smith v North West Ambulance Service (NWAS) Trust serves as an important reminder to employers about the limits of a dismissal based on “some other substantial reason” (SOSR).
If you require any further information on the above topics, please do not hesitate to get in contact with a member of the Employment Team.
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