This is a preview. To continue reading please log in or Register to read this article

Ill health: Unacceptable attendance record may be sufficient reason for dismissal

This report relates to 1 case(s)

  • expand disabled

    British Coal Corporation v Bowers EAT/1021/93 (0 other reports)

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. The EAT says that an employer is not required to embark on a detailed analysis as to whether the reason for the dismissal relates to incapability because of sickness, misconduct or some other substantial reason. Furthermore, the tribunal in this case placed too much emphasis on ACAS's guidance in its booklet Discipline at work, by treating it as being akin to a Code of Practice.