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Ill health: No need for individual diagnosis in sickness dismissal

This report relates to 1 case(s)

An employee who had been off sick with an inner ear disorder for some months, but who wanted to return to work to see if she could cope, was nevertheless fairly dismissed because the employer acted in accordance with its policy on absenteeism, holds the EAT in GN Netcom Ltd v Whitwell. The EAT also holds that the employer - which sought medical advice, but not from the employee's own doctors - was not obliged to obtain an individual diagnosis but simply had to establish the medical position insofar as it was relevant to the question of whether the employee was fit to return to work.