In HJ Heinz & Co Ltd v Kenrick, the EAT upholds an employment tribunal's decision that an employer unlawfully discriminated against an employee who had been off work for 10 months with undiagnosed chronic fatigue syndrome, and was still incapable of doing his job, by dismissing him
An employment tribunal erred in law in finding that the reason for an employee's dismissal in accordance with a collectively agreed attendance procedure was a reason related to his capability, holds the EAT in The Post Office v Wilson.
In British Coal Corporation v Bowers, the EAT overturns an industrial tribunal's finding that an employee was unfairly dismissed for his persistent intermittent absences from work.
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 G N Netcom Ltd v Whitwell.
An industrial tribunal was wrong to find a dismissal unfair solely on the grounds that the employee's unfitness to continue work as a firefighter had been caused by the employer's treatment of him, holds the EAT in London Fire & Civil Defence Authority v Betty.
A dismissed employee's failure to pursue an internal appeal procedure after their dismissal cannot, as a matter of law, amount to a failure to mitigate their loss, holds the EAT in Lock v Connell Estate Agents.
In Grimsby Carpet Co Ltd v Bedford (9.7.87) EOR16D, the EAT holds that dismissal of a woman rendered incapable of adequately doing her work because of a pregnancy-related illness falls within the exception to the general principle that pregnancy-related dismissals are automatically unfair.
HR and legal information and guidance relating to dismissals for a reason relating to the capability or qualifications of the employee.