This week's case of the week, provided by Addleshaw Goddard, covers dismissal following work-induced stress.
In McAdie v Royal Bank of Scotland  EWCA Civ 806 CA, the Court of Appeal has confirmed that a capability dismissal following long-term stress-related sickness absence brought on by the employer's actions can be fair.
In Royal Bank of Scotland Plc v McAdie EAT/0268/06, the Employment Appeal Tribunal has handed down an important decision dealing with the fairness of a dismissal where the employee was on long-term stress-related sick absence caused by bullying at work and the employer's mishandling of her grievance.
Tina McKevitt, lecturer in employment law at University of Sheffield, provides a round-up of employment tribunal decisions on discrimination.
In Selective Beauty UK Ltd v Hayes, the EAT holds that the correct approach to quantifying loss dependent on an uncertain future event is for the court to assess in percentage terms the risk of the event happening following the authority of Allied Maples Group v Simmons and Simmons.
An employment tribunal was wrong to conclude that an employee's allegations, that unfair treatment over a period of years at the hands of his employer caused, perpetuated and exacerbated the problems of work-related stress and depression that led to his dismissal, were irrelevant to the question whether it would be "just and equitable" to make a compensatory award for unfair dismissal under s.123(1) of the Employment Rights Act ("the ERA"), holds the EAT in Edwards v Governors of Hanson School.
To determine under which of the categories of potentially fair reasons for dismissal the reason given by an employer comes is a question of legal analysis, holds the Court of Appeal in Wilson v Post Office.
HR and legal information and guidance relating to dismissals for a reason relating to the capability or qualifications of the employee.