East Lindsey District Council v G E Daubney

The facts

Mr Daubney was dismissed by East Lindsey District Council (his employer since the reorganisation of local government in 1974) on grounds of ill health by a letter dated 23.7.75, the dismissal taking effect on 13.11.75. The decision to dismiss was reached acting upon the report of the District Community Physician who had been asked to advise on whether Mr Daubney's state of health was such that he should be retired prematurely on grounds of ill health. The advice given by the District Community Physician to the effect that Mr Daubney should be retired early was based upon an examination of the employee by a Dr O'Hagan of the Lincolnshire Area Health Authority.