The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
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. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.
In BS v Dundee City Council [2014] IRLR 131 CS, the Court of Session found that a tribunal failed to address crucial questions in deciding whether or not an employee had been fairly dismissed for long-term absence and had been wrong to assume that the employee's length of service was a relevant consideration. Long service was relevant only insofar as it could lead to the inference that the employee was a good worker who would return to work as soon as possible.
Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that, on its true construction, a company's long-term disability scheme applied to employees who were permanently incapable of employment in any capacity, rather than merely incapable of working for the company.
In McAdie v Royal Bank of Scotland plc [2007] IRLR 895, the Court of Appeal confirmed that the fact that an employee's stress-related illness was caused by the employer was no bar in law to a fair dismissal on the grounds of capability.