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Capability: Dismissal for intermittent sickness absence

This report relates to 2 case(s)

  • expand disabled

    International Sports Co Ltd v Thomson [1980] IRLR 340 EAT (0 other reports)

  • expand disabled

    Rolls-Royce Ltd v Walpole [1980] IRLR 343 EAT (0 other reports)

EAT lays down guidance on the criteria for determining when it is fair to dismiss for intermittent sickness absence.

Where an employee is absent from work for a substantial period of time through illness it is well established that employers must take proper steps to ascertain the true medical position and, once this has been done, to consult with the employee before deciding whether or not to dismiss.