Updated to include the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2017.
The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
In Holmes v Qinetiq Ltd  IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.
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 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.
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.
HR and legal information and guidance relating to dismissals for a reason relating to the capability or qualifications of the employee.