Disability and longterm sickness absence dismissal guidance

2017-03-27 Jennifer Renney-Butland posted:

Employers and employees will welcome the guidance provided recently by the Court of Appeal on the long-term sickness absence dismissal of a disabled employee in O'Brien v Bolton St Catherine’s Academy.

This case involved a long-term sickness dismissal in which both unfair dismissal and discrimination arising from a disability were claimed. The guidance in the judgment is that, in a long-term sickness absence discrimination case:

  • the decision to dismiss should be assessed as at the date of any internal appeal decision (so that any new evidence that has come to light since the original decision to dismiss should be taken into account)
  • the impact of the absence on the employer will be a significant factor in whether dismissal is a proportionate response
  • if the impact of the absence on the employer is obviously very severe then a general statement to that effect may be all that is required. If it is not, then more detailed evidence should be produced
  • ultimately employers are entitled to some finality. That is all the more so where the employee has not been as co-operative as the employer is entitled to expect about providing an up-to-date prognosis and where the evidence relied on is produced late in the day and is not entirely satisfactory.

If this affects you, call us for advice at 01225 632240 or email info@renneyandco.com.

Share this post

Sign Up to Our Newsletter

Share this post

Twitter

With the new year around the corner many people will be on the hunt for new jobs so it's a great time to start posttwitter.com/i/web/status/1…kR

Twitter

Holiday season is coming up and for some legal profession companies that can mean events leading to HR and legal imtwitter.com/i/web/status/1…i4

Twitter

For the first time in over 100 years the law on restrictive covenants and restraints in #employmentcontracts was chtwitter.com/i/web/status/1…c4

Testimonial

Thank you for your excellent service, advice and guidance, it is much appreciated.

Client on 25th November 2014

Testimonial

Thank you for your advice and expertise as well as your kindness and support. You have made a considerable difference to the way I have managed this experience and I am grateful that I found you! I won't hesitate to recommend you if the need arises.

Client A