Updated to include information on Khan v Stripestar Ltd, in which the EAT considered the extent to which a defective disciplinary process can be cured through an appeal; and Grayson v Paycare concerning the correct approach to a Polkey reduction.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) confirmed that the Acas code of practice on disciplinary and grievance procedures does not apply to dismissals on the ground of ill health where there is no element of culpability on the part of the employee.
The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not extend to dismissals on the ground of ill health.
On this week's XpertHR Weekly, we discuss the issues that employers face when dismissing an employee for ill-health capability.
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).
Definition from the XpertHR glossary.
Employment lawyer and XpertHR contributing author Darren Newman sets out a practical three-step approach to performance management that is lawful, fair and commercially sensible.
A table summarising the potentially fair reasons for dismissal.
Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to dismissals for a reason relating to the capability or qualifications of the employee.