Court of Session guidance on length of service in ill-health dismissals

This report relates to 1 case(s)

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  BS v Dundee City Council [2014] IRLR 131 CS (1 other report)

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

    Date:

    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.