Employment law cases

BS v Dundee City Council [2014] IRLR 131 CS

Reports relating to this case:

  • Ill-health dismissal: Length of service is not, of itself, automatically relevant in cases of ill-health dismissal

    6 March 2014

    In BS v Dundee City Council [2014] 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.