Category Archives: incapacity

When does it become fair to dismiss an employee for long term sickness absence?

disability discrimination, incapacity, unfair dismissalBy Martin Malone April 3, 2017

We are often asked what is the best approach to dealing with an employee who has been on extended sick leave. In general, it is necessary to establish that the employee is not going to be fit to return to work (on a full or partial basis) for the foreseeable future. Without this there is…

Dismissal based on sickness absence can be complicated

disability discrimination, incapacity, manner of dismissal, procedure, unfair dismissalBy Martin Malone October 30, 2015

In Monmouthshire County Council -v- Harris the Employment Appeal Tribunal was asked to review a finding in the Cardiff Employment Tribunal that Mrs Harris was unfairly dismissed and that the dismissal was an act of disability discrimination. At a remedy hearing in September 2014 she was awarded £238,216.37. The Employment Appeal Tribunal proceeded on the basis…