Q: Can I contact an employee who is off sick, or does this count as harassment by the company?
A: Harassment is defined as unwanted behaviour that creates an intimidating or hostile environment for an employee, related to a protected characteristic.
An employment tribunal ruling earlier this year found in favour of a claimant who filed a disability harassment claim after being contacted while off sick, so it is important for employers to get this right. In the case of McCallum v Royal Mail the tribunal found that the employer had harassed an employee because of his disability during a phone call when the employee was off sick.
He had submitted a fit note for stress, which the manager had received. The manager telephoned the