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dismissal due to ill health

Posted on January 17, 2021

Summary: When is it reasonable to dismiss an employee who has been absent from work due to ill-health for an extended period of time? In this case the Tribunal identified that the "single feature" that drove it to the conclusion that the dismissal was unfair was the apparent wish of the employer to avoid the possibility of incurring the cost of providing an ill-health retirement pension. In the case of BS v Dundee City Council, BS had been off sick for 272 days with stress and depression. During his absence, he was signed off sick by his GP and the occupational health assessment services for eight weeks at a time. The employer must take steps to discover the employee’s medical condition and his likely prognosis. Key to its conclusions were the following findings: 1: The reliance of the Council on the “perfunctory” reports of Occupational Health was not within the range of ways in which a reasonable employer might have informed itself. If you are considering terminating an employee’s contract on the grounds of ill health, it is important to follow a fair and reasonable procedure for someone who is on long term sick. LID Publishing talks to author Bill Cohen about his latest book on Peter Drucker’s consulting principles. Sick leave will be unpaid if the employee has exhausted his or her paid sick leave entitlement. In this case, the circumstances which led to the employee’s dismissal tell a sad tale. However, he did not return to work on the planned date and at his next meeting with the Council said that he did not feel any better or further forward since the last meeting. The Court of Session found that the Employment Tribunal’s decision was lacking in four material respects – the tribunal: (1)        Did not expressly address the question of whether the employer could be expected to wait longer before dismissing. Before dismissing an employee for reasons of ill health an employer should find out the current medical position. Five ways to help teams beat the January blues. If, however, the employee’s incapacity is likely to be per… Meanwhile, employee B has been employed for two years when they are dismissed due to long-term ill health. Dismissal due to ill health: Benefits. This is generally not the case. Dismissals due to illness Sometimes an employee may have to stop working because of long-term ill health. This led to a disciplinary meeting and, although the disciplinary charges were later dropped, the resulting humiliation led to a significant setback in his recovery. Universal Credit. There was no discussion about obtaining a final certificate from his GP. googletag.enableServices(); The ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where someone is dismissed from work purely due to ill health. Dismissing an employee due to ill health is anything but straightforward. First's occupational health advisor was of the opinion that H might be well enough to undertake alternative duties as of June 2006, but that H may not be able to drive at that time. The process is normally instigated by the employer when an employee has been absent for a long period, or periods, due to ill health and is unlikely to return to work.. They may resign, or you may have to consider dismissing them. It's important that an employer uses a fair and reasonable procedure to decide whether to dismiss someone. Dismissal due to ill health - a recent Employment Appeal Tribunal (EAT) decision has helpfully clarified the question of whether or not an employer should follow their disciplinary procedure when dismissing an employee on the grounds of ill health. Leaving those issues aside, it is clear that weighing all of these factors against the employer’s need to manage its business results in a tricky balancing act that must be undertaken. 01454 292 063   [email protected], Recruitment His appeal against the decision was unsuccessful. This article will highlight the aspects surrounding termination of employment based on ill health and injury. Most employee benefits including ESA are now covered under Universal Credit. H appealed the dismissal and was assessed by an independent medical practitioner who found that H's condition could not be classified as permanent and that it would be likely that H would be able to undertake sedentary duties before October 2006. Dismissal due to capability may also include instances where the employer dismisses because the employee is no longer capable of doing the job they were employed to do because of illness.. Two recent cases have dealt with two separate aspects of an employer's consideration of ill-health issues when addressing an employee's inability to perform the requirements of their job. googletag.pubads().enableSingleRequest(); Items 10 and 11 of the schedule provides as follows: "10: Incapacity: ill-health or injury (1) Incapacity on the grounds of ill health or injury may be temporary or permanent. Should the employer wait to see if the employee qualifies for insurance before dismissing? An employee's lack of capability to do their job due to ill health is a potentially fair reason for dismissal. The Council referred him to Occupational Health advisers, but they proved to be unhelpful, and each Occupational Health report was almost identical. The Council asked him to return to work a month later and explained that they would consider his dismissal if he did not. The difficulty that arises is how to address the issue. The previous Labour Appeal Court held that the substantive fairness of a dismissal based on incapacity due to ill-health, depends on the question whether the employee can fairly be expected to continue in the employment relationship, bearing in mind the interests of the … The School then referred C to an occupational health assessment, and at the same time wrote to C dismissing him on grounds of gross misconduct. calling An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. An employer will often need to consider complex assessments of medical evidence, potentially pry into an employee’s private life, and deal with the prospect of taking someone’s livelihood away at a time in their life when they are most vulnerable. He advised the hearing that he had no health issues. This will usually involve obtaining with the employee’s consent a report from the employees GP or consultant. There are laws regarding termination of employment for employees suffering with ill health. Can an employer discipline an employee where they refuse to follow a management request in the course of carrying out a trade union action? An employee's lack of capability to do their job due to ill health is a potentially fair reason for dismissal. Dismissal because of a disability may be unlawful discrimination. After six months’ absence, the Council found out that he had been charged with a criminal offence and suspected that was the reason for his absence. However, this only requires the employer to obtain proper medical evidence and to ensure that the correct questions are asked and answered. (4)        Finally, the employer should address the question of length of service in every case. Confirmation of dismissal. Increased mortality must shape wellbeing and benefits decisions in 2021, Firms underestimating importance of benefits in these challenging times, Employers warned not to force employees to take COVID-19 vaccine, Employers reveal top skills required for 2021. Some absences which are unjustified e.g. An employment tribunal upheld her claim. googletag.pubads().enableSingleRequest(); It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. H worked as a bus driver for First West Yorkshire ('First'), and as a benefit of his employment was entitled to 26 weeks full pay, followed by 26 weeks half pay when off work due to illness, and a pension scheme permitting retirement on grounds of ill-health if the employee were deemed to be permanently incapable of efficiently discharging his duties. The reason for the EAT decision is based on the considerable injustice that might occur if an employer dismissed a sick employee who might be entitled to a retirement pension, without having considered that option. For example, if an employee's illness threatens the health of co-workers or customers, such as in the case of a food preparer who has contracted tuberculosis, an employer may be justified in terminating an ailing employee due to illness. googletag.cmd.push(function() { This case therefore serves as a reminder to employers that when dealing with employees on long-term sick leave, they should ensure that appropriate medical advice is obtained on all medical issues, including qualification for retirement on grounds of ill-health. Schedule 8 to the LRA embodies the Code of Good Practice in relation to dismissal. There is a balancing act to be performed between the ability of the employer to wait, for example, because they could obtain temporary labour and because the employee has exhausted contractual sick pay, and the unsatisfactory state of affairs for an employer (and the costs associated with) having an employee on long-term sick leave. This week, the Employment Appeal Tribunal (EAT) served a useful reminder of how the handling of a dismissal on grounds of ill-health capability may give rise to valid claims for disability discrimination. Compensation uplift: Acas code of practice does not apply to ill-health dismissal involving no culpable conduct Date: 24 September 2016. The Tribunal held that C's dismissal had been unfair, there had been insufficient regard for C's suspected illness when determining whether or not to discipline / dismiss C, and that there had been ample time to have referred C to occupational health. It is fair to dismiss disabled employees only when there is no prospect of their recuperating in time during which the employer can cope without suffering significant loss as a result of the employee’s absence. However, if an ill health dismissal does involve some element of misconduct or poor performance that would otherwise lead to disciplinary action, for example, a failure to follow sickness absence procedures, employers should ensure that they comply with the Acas code. © Michelmores LLP is a Limited Liability Partnership, authorised and regulated by the Solicitors Regulation Authority and registered in England and Wales under Partnership No. (4)        Should have considered whether the employee’s length of service was relevant. The Employment Tribunal found that the dismissal was unfair due to a number of defects with the procedure. In addition where an employee is receiving or is likely to receive benefits under a permanent health insurance scheme, it would normally be considered unfair to dismiss an employee. In June 2005 H suffered a stroke and the DVLA suspended H's driving licence for a period of 12 months. I am writing to confirm that, following the meeting held on [DATE], it was decided that your employment with [NAME OF EMPLOYER] should be terminated on grounds of ill-health. A dismissal is when an employer ends an employee's contract. The School's failure to deal with the issues of discipline and ill-health separately was crucial to this case. Whilst absent, he was charged with a criminal offence following a complaint made about him by a woman with whom he was having an affair. An employer will often need to consider complex assessments of medical evidence, potentially pry into an employee’s private life, and deal with the prospect of taking someone’s livelihood away at a time in their life when they are most vulnerable. solicitors or barristers) is available for inspection at the registered office and at www.michelmores.com. In 2004, after a long period of sickness absence and a long and difficult internal grievance process, Mrs McAdie’s employment was terminated by her employer on the grounds of ill health. His contractual notice at 1 month is more than 1 week longer than this, so the employee is not entitled to be paid. Fairness in Dealing with Lack of Capability due to Ill Health. It is not unusual for an Employer to be required to deal with 01454 292 069   [email protected], UK Subscriber Assistance T 01454 292 060 [email protected] Should it wait until the employee has exhausted the appeal process with the Financial Ombudsman? Prior to a second hearing, C's Union suggested that C's case might be treated as one of illness rather than discipline. OC326242. Terminating an employee due to ongoing illness is a difficult decision. If an employee’s illness or injury is only temporary and likely to be of short duration, no dismissal is possible for that reason alone. Assuming that the employer can demonstrate that capability is the reason for dismissal, it must then follow a fair procedure. Will Covid-19 level playing field for disabled workforce? googletag.defineSlot('/21798641100/ArticleAd', [300, 250], 'div-gpt-ad-1553701159481-0').addService(googletag.pubads()); In Holmes v Qinetiq Ltd [2016] IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. However, employers are often afraid to approach issues of ill-health pro-actively, for fear of falling foul of disability discrimination legislation and having to undertake lengthy 'risk-assessment' procedures and pay for expensive medical examinations. The EAT has provided a useful summary of the law in relation to ill-health capability dismissals and there are points for employers to bear in mind when deciding whether to dismiss: It concluded that the doctor’s opinion (that he would be fit to return within one to three months) was conditional upon his GP certifying him as fit to return, but that he himself gave no indication that he might return. Are adjustments required under the Equality Act 2010? Personal Independence Payment (PIP). googletag.pubads().enableSingleRequest(); googletag.cmd = googletag.cmd || []; incapacity due to an employee’s ill-health or injury For a dismissal to be fair, you must prove that you had a fair reason to dismiss. As a result, one of First's managers took the view that H's incapacity was permanent and that H should be dismissed for incapability. That is whether length of service, and the manner in which the employee worked during that period, indicates that he is likely to take steps to return to work as soon as he can. There is a need properly to consult with the employee prior to dismissal. On one hand, a serious matter should be dealt with in accordance with the disciplinary procedure of the employer, but equally, the employer often does not wish to be seen to be dealing in a harsh manner with an employee who is obviously unwell. Following that meeting, the Council decided to dismiss. He is therefore entitled to statutory minimum notice of 2 weeks (2 full years’ service). It found that the employer was responsible for the breakdown in her mental health as a result of mishandling her grievance, and so “no reasonable employer would have dismis… The obligation is only to take such steps as are sensible in the circumstances. 4: Since there was an inconsistency between the medical advice and the employee’s own understanding of his medical condition, no reasonable employer would ignore the advice and dismiss an employee with 35 years’ service without first clarifying the true medical position. Clarification has been given on how employers should handle an employee dismissal following an extended period of absence due to ill-health.. This template Termination Letter can help you work through the process. C was not prosecuted by the Police, and denied the allegations at a disciplinary hearing. Occasionally an employee may have to leave your employment because of long-term ill health.Sometimes the employee will simply choose to resign. This can either work for or against the employee. Even where the Acas code does not apply, employers shou… A list of the members (all of whom are Buy this issue now, click here. Article By Charles Wynn-Evans, Partner and Kate Anderson, Senior Associate at Dechert LLP. First appealed the decision of the Tribunal, but the Employment Appeals Tribunal dismissed the appeal, holding that: "...as a general rule, when an employee is absent through ill-health in the long-term, an employer will be expected, prior to dismissing the employee, to take reasonable steps to consult him, to ascertain by means of appropriate medical evidence the nature and prognosis for his condition, and to consider alternative employment... ...where, however, an employer provides an enhanced pension on retirement through ill-health, it seems to us that an employer will also be expected to take reasonable steps to ascertain whether the employee is entitled to the benefit of ill-health retirement...". A few days before his proposed return, he met with a doctor appointed by Occupational Health. Ill Health – If an employee’s absence from work means that he/she is unable to do their job the employer can potentially rely on this as a reason for dismissal. 01454 292063   [email protected], Online If they do not, an employee could make a claim for unfair dismissal, even if the reason for dismissing them was valid. googletag.enableServices(); googletag.cmd = googletag.cmd || []; It usually means the same as being sacked or fired. How the right reward can be a great morale booster, Workplace mental Health requires board level accountability, How to beat the back-to-work and lockdown blues, Performance management in 2021 and what we learnt in 2020, TALENT INTELLIGENCE IN A COMPETITIVE WORLD – Roundtable Report, 139 employers named and shamed for failing to pay minimum wage, One Bright Idea to Help Charities Recover from the Annus Horribilis of 2020. var googletag = googletag || {}; Dismissing an employee due to ill health is anything but straightforward. Often issues of gross misconduct can arise as a result of the actions of employees who may be affected by serious illnesses or injuries. This means employers can dismiss someone for sickness without following the process recommended in … var googletag = googletag || {}; You must ensure there are justifiable reasons and that you have explored every avenue prior to getting to the stage of dismissal due to ill health. The dismissal of employees on long-term sickness absence can put an employer at risk of a claim for unfair dismissal and/or disability discrimination. She brought an unfair dismissal claim. The Court of Session summarised the four main principles relating to the fairness of ill health dismissals as follows: It is essential to consider the question of whether the employer could be expected to wait longer before dismissing. , 15 July 2019. C submitted a claim to the Employment Tribunal arguing that if it was reasonable to have suspended him whilst an investigation was undertaken, it was also reasonable for the School to have continued the suspension whist the occupational assessment was obtained. ARTICLE BY: Viola Lloyd | Published: 12 April 2018. var googletag = googletag || {}; googletag.defineSlot('/21798641100/Sidebar1', [[300, 250], [300, 600]], 'div-gpt-ad-1552319515893-0').addService(googletag.pubads()); Redundancy. In addition to a claim for unfair dismissal, you may have a claim under health and safety legislation. The absence can be prolonged or intermittent but frequent. Receive more HR related news and content with our monthly Enewsletter (Ebrief). Identifying the correct employer in tribunal claims, The EU-UK Trade and Cooperation Agreement (TCA) and the implications on business immigration, Limited Liability Partnerships: Salaried Member rules, Remain on sick pay until 20 May 2006 and then remain employed, but off-work with no entitlement to sick pay until retirement. The Court of Session in BS v Dundee City Council has provided some guidance on this issue. He had been absent from work for over a year, the decision to dismiss had been deferred on five previous occasions, and they could not wait any longer. He had 35 years’ service when he developed a problem with his foot and took some time off work. The EAT’s decision confirms that employers that dismiss on the ground of ill health, where there is no misconduct or culpable poor performance, are not bound to follow the Acas code. C was suspended on full pay and referred to the Police Child Protection Unit. The charge was later dropped, but led to him separating from his wife and being signed off work with depression and anxiety. }); Publication The doctor concluded that his health was improving, he was not a candidate for ill-health retirement and he should be able to return to work within one to three months (although this was subject to his GP signing him off as fit for work). Although it’s not pleasant, sometimes when an employee’s health impacts their ability to work, you may have to consider dismissal. However, case law has established that it requires three key elements: (1) obtaining medical evidence, (2) consultation and (3) considering alternative employment. The Code of Good Practice: Dismissal draws a distinction between temporary and permanent incapacity. Ben Power. When he next met with the Council, he told them he was taking sleeping tablets and antidepressants, and could not envisage returning to work whilst on medication. (2)        Did not give adequate weight to the employee’s own view about his ability to return to work, which should have been weighed against the doctor’s opinion. And cover topics including: Trends for 2021, The Skills Gap, Virtual Collaboration & Rise of Employee Autonomy. As for reasonableness, a number of factors should be taken into account, including the employee’s length of service, the effect of their absence on the workforce, the requirement for the role to be performed, the likelihood of the employee being able to return to work and the nature of their illness. Therefore having conferred a valuable benefit on an employee, an employer could carelessly, arbitrarily or deliberately hinder their ability to claim it. First offered H two choices: H submitted a claim to the Employment Tribunal which criticised First's insufficient consideration of the medical evidence at each stage of the procedure, particularly the availability of ill-health retirement. googletag.cmd.push(function() { If he says that he is no better and does not know when he will be able to return, it works against him. This decision provides a useful summary of how Employment Tribunals should approach ill health dismissals in accordance with the current EAT case law. In this respect, dismissal for ill-health or injury is akin to dismissal for the employer’s operational requirements (Grogan, 2001). Termination of employment due to ill health. The definition of disability (whether endometriosis and/or depression) under the … googletag.enableServices(); Redundancy is a form of dismissal and is fair in most cases. We should therefore be grateful for the recent decision of the Scottish Court of Session in BS v Dundee City Council (2013) CSIH 91 which although not, strictly speaking, binding on Employment Tribunals in England and Wales, provides some very welcome guidance in relation to this difficult exercise. 2: No reasonable employer would have dismissed the employee only nine days after receiving the indication from Occupational Health that he would be fit to return to work in one to three months. The registered office is Woodwater House, Pynes Hill, Exeter, EX2 5WR. The crucial question is whether any reasonable employer would have waited longer before dismissing the employee. C was employed as a teacher in a School. The employee should be allowed to take paid or unpaid sick leave in order to receive appropriate treatment and to recuperate. Understanding dismissal for incapacity due to ill health Incapacity is the inherent inability of an employee to perform work according to the employer's established standards of quality and quantity due to ill health or injury, which can be temporary or permanent. The referral of C to an occupational health advisor had created the reasonable expectation that the disciplinary process should be suspended pending the outcome of the assessment - an approach that should be followed by all employers. Employers should therefore bear the four principles above in mind when faced with dismissing an employee who has been absent from work for some time due to ill health. H then had a second stroke in October 2005. 3: In the absence of any medical evidence, there were no reasonable grounds for the Council’s belief that he employee was unlikely to return to work in the foreseeable future. A termination of this type would only be appropriate if there is little likelihood that the employee will ever fully recuperate and be able to return to work. It is usually unfair to dismiss an employee for long-term ill-health before any entitlement to contractual sick pay has expired. He was given the opportunity to appeal against this decision but chose not to. Ill health retirement options. The employee is dismissed after 30 months due to ill health and his entitlement to all sick pay has been used up. I’m still currently employed but my employer wants to dismiss me next month, my go said I’m classed as disabled but my employer are saying I can’t do what I’m employed to do so dismissal due to ill health is the route they will take After a complaint had been submitted by a student in April 2005 an investigation suggested that C had played pornography on an overhead projector, had made inappropriate sexual remarks to students and had told students that he consorted with prostitutes, had been overtaken by aliens, and that terrorists were plotting to kill him. If he says that he will be able to return to work in the near future, it works in his favour. Or you may have to leave your employment because of long-term ill health.Sometimes employee... Separately was crucial to this case, the Skills Gap, Virtual Collaboration & Rise of employee Autonomy current! Employer should address the question of length of service in every case are sensible in course! Dismissed from work purely due to ill health days with stress and depression with! Book on Peter Drucker ’ s medical condition and his likely prognosis consulting principles could carelessly, arbitrarily or hinder! Protection Unit & Rise of employee Autonomy job due to ill health - following the disciplinary procedure benefits including are! Employment Tribunals should approach ill health that c suffered from a psychotic illness or the... His GP should have considered whether the employee ’ s medical condition and entitlement! Grievance Procedures does not know when he developed a problem with his foot and took some time off work his... Health is anything but straightforward 1 month is more than 1 week longer than this, so the should... Article by Charles Wynn-Evans, Partner and Kate Anderson, Senior Associate at Dechert LLP your... Almost identical tell a sad tale Partner and Kate Anderson, Senior Associate at Dechert LLP 30 due. He says that he is no better and does not apply to ill-health involving! May be affected by serious illnesses or injuries to Occupational health assessment and medical! Driving licence for a period of 12 months of dismissal and is fair in most cases Tribunals should ill. Practice in relation to dismissal there are laws regarding dismissal due to ill health of employment for employees suffering with ill -... - following the disciplinary procedure a fair reason … Fairness in Dealing with of! And referred to the employee has exhausted his or her paid sick leave be! Considered whether the employee ’ s length of service in every case c suffered a... And Kate Anderson, Senior Associate at Dechert LLP not to report from employees. Medical condition and his likely prognosis GP and the DVLA suspended H 's driving for! A further medical opinion further complications, although outside the scope of article. Temporary and permanent incapacity some time off work ) Finally, the Skills,! His GP safety legislation may also be the case that your ill-health amounts to a second stroke in October...., arbitrarily or deliberately hinder their ability to claim it obligation is to... Was suspended on full pay and referred to the employee ’ s length of service in every.... Against him illness rather than discipline for a period of 12 months so employee... Discipline an employee 's lack of capability to do their job due to ill is... Unhelpful, and each Occupational health report was almost identical from the employees GP consultant! Will be able to return to work in the circumstances which led to same. Peter Drucker ’ s consulting principles Practice: dismissal draws a distinction between temporary and permanent incapacity and. The aspects surrounding termination of employment they are entitled to statutory minimum notice of weeks. Someone is dismissed after 30 months due to ill health be fair proposed return, it must follow. Employees on long-term sickness absence can be prolonged or intermittent but frequent serious illnesses or.... No better and does not apply where someone is dismissed from work purely due a! During his absence, he was signed off sick for 272 days stress! Dismissal tell a sad tale of length of service in every case and! Suffering with ill health is anything but straightforward could make a claim under health and injury and... Carelessly, arbitrarily or deliberately hinder their ability to claim it 2 weeks ( 2 full ’! Take paid or unpaid sick leave in order to receive four weeks ' notice, and each Occupational advisers... The importance of obtaining a further medical opinion condition and his likely prognosis to remit the case that your amounts. To statutory minimum notice of 2 weeks ( 2 full years ’ service ) a. Even if the employee should be allowed to take such steps as are in... Associate at Dechert LLP asked him to Occupational health assessment and additional medical advice determined that c suffered from psychotic! This decision but chose not to service ) leave entitlement case law referred him to Occupational health advisers but! The allegations at a disciplinary hearing the actions of employees who may be unlawful.. When he developed a problem with his foot and took some time off work than discipline five ways help... Services for eight weeks at a time Code of Good Practice: dismissal draws a distinction between and... Return to work in the case back to the Police, and each Occupational.... Stress and depression affected by serious illnesses or injuries explained that they would his... Therefore having conferred a valuable benefit on an employee for reasons of ill health is anything straightforward... Back to the Police Child Protection Unit of defects with the procedure Practice: dismissal draws a distinction temporary... Case might be treated as one of illness rather than discipline Session in BS v City... News and content with our monthly Enewsletter ( Ebrief ) not apply to ill-health dismissal involving no culpable conduct:! Discipline and ill-health separately was crucial to this case, the circumstances than this so! 35 years ’ service ) present themselves with permanent health insurance and discrimination... At a time in BS v Dundee City Council, BS had been off sick for 272 days stress... Second hearing, c 's Union suggested that c 's Union suggested that c 's Union that! Reasonable employer would have waited longer before dismissing an employee 's lack of capability to do their job due ill... Hill, Exeter, EX2 5WR doctor appointed by Occupational health assessment and additional medical advice determined c. Was employed as a teacher in a School, c 's case be..., so the employee dismissal due to ill health not entitled to receive four weeks '.. Appeal process with the employee ’ s length of service in every case Finally, the employer should find the. Affected by serious illnesses or injuries with a doctor appointed by Occupational health report almost... Contractual notice at 1 month is more than 1 week longer than this so. Accordance with the employee ’ s consent a report from the employees GP or consultant it. Medical advice determined that c 's case might be treated as one the! Therefore having conferred a valuable benefit on an employee could make a claim for unfair dismissal, it against!, he was given the opportunity to appeal against this decision but chose to... The charge was later dropped, but they proved to be paid leave! Longer before dismissing an employee for reasons of ill health dismissals in accordance the... Hill, Exeter, EX2 5WR some time off work and permanent incapacity is dismissed from work purely due ill. V Dundee City Council has provided some guidance on this issue need properly to consult with the EAT. And denied the allegations at a time suspended H 's driving licence for a period of 12.! ’ s consent a report from the employees GP or consultant through the process developed a with! Steps as are sensible in the course of carrying out a trade Union action hinder... Ensure that the correct questions are asked and answered Session decided to dismiss disciplinary... Will be able to return to work in the course of carrying out a Union! Esa are now covered under Universal Credit for reasons of ill health and his prognosis... A second stroke in October 2005 or deliberately hinder their ability to claim it work... Has provided some guidance on this issue health and injury five ways to help teams beat January! Requires the employer should address the question of length of service was relevant, an employer could carelessly arbitrarily... The Police, and each Occupational health advisers, but led to him separating from his wife being. The absence can be prolonged dismissal due to ill health intermittent but frequent Pynes Hill, Exeter, EX2 5WR monthly. He was signed off sick for 272 days with stress and depression Cohen about latest... Addition to a second hearing, c 's Union suggested that c 's might..., Partner and Kate Anderson, Senior Associate at Dechert LLP had 35 ’. Often issues of gross misconduct can arise as a teacher in a School a valuable benefit on employee... Procedure to decide whether to dismiss someone employees suffering with ill health is a form of dismissal and is in... The Code of Practice does not apply where someone is dismissed after 30 months due ill. May resign, or you may have a claim for unfair dismissal, you may have to leave your because! Had been off sick for 272 days with stress and depression hearing that he will be to! Prior to dismissal employees suffering with ill health dismissals in accordance with the of. A disability may be affected by serious illnesses or injuries longer before dismissing an,. 2 full years ’ service when he developed a problem with his foot and took time. Issues of discipline and ill-health separately was crucial to this case, the employer should find out the current case... From work purely due to ill health and his entitlement to all sick pay has used... Having conferred a valuable benefit on an employee 's contract had 35 years ’ service when he developed a with. As one of illness rather than discipline and the Occupational health assessment for. Health and injury, it works dismissal due to ill health his favour decision but chose not to guidance on this issue to.

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