BS v Dundee City Council  IRLR 131 CS
Reports relating to this case:
Ill-health dismissal: Length of service is not, of itself, automatically relevant in cases of ill-health dismissal
- 6 March 2014
In BS v Dundee City Council  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.
- 20 February 2014
In DLA Piper's case of the week, the Court of Session considered the relevance of length of service in an unfair dismissal claim to deciding how long to wait before dismissing someone because of incapability (ill health).