Sickness dismissals…….
by Philip
The Court of Appeal have upheld a decision of the EAT, which gives employers greater latitude in dismissing employees who are off sick, even if the employer caused the sickness. In our experience employers are always reluctant to dismiss employees where there is evidence that they have caused the medical condition, as they do not wish to compound the original offence.
Where the employer has caused the sickness the Court of Appeal approved the EAT’s decision, which stated that an employer should go the extra mile in looking for alternative employment in cases where they have caused the condition that has led to the absence.
Just because the employer can dismiss fairly in such circumstances does not mean, of course, that the employer is out of the frying pan as it could be held liable for the losses arising from the dismissal in a personal injury claim, even though a Tribunal has held the dismissal fair. There is always some merit in considering whether to keep the employee on the books in such cases. Masterly inaction is a tried and tested tactic. Read the case here.
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