Updated to reflect the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2018.
A model letter informing an employee of the outcome of a stage 3 long-term sickness absence formal review meeting.
A model letter to invite an employee to an appeal hearing where the employee has appealed his or her dismissal under the long-term sickness absence management procedure.
A model letter informing an employee of the outcome of a stage 3 short-term sickness absence formal review meeting.
A model letter dismissing an employee who has refused redeployment following a formal sickness absence management procedure.
The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
In Holmes v Qinetiq Ltd  IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) confirmed that the Acas code of practice on disciplinary and grievance procedures does not apply to dismissals on the ground of ill health where there is no element of culpability on the part of the employee.
The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not extend to dismissals on the ground of ill health.
HR and legal information and guidance relating to capability or qualifications dismissals.