Capability or qualifications dismissals

New and updated

• Type:

  Employment law manual

  Unfair dismissal

  Updated to include additional information on criminal offences and misconduct outside the workplace.

• Type:

  Policies and documents

  Example structure of initial settlement discussion during performance improvement procedure

  An example structure for use when holding an initial settlement discussion with an employee who is, or who is about to be, subject to a performance improvement procedure.

• Type:

  Policies and documents

  Letter confirming terms of settlement offer following settlement discussions related to performance

  A model letter to confirm the terms of a settlement offer following settlement discussions related to performance.

• Type:

  How to

  How to deal with employees on long-term sickness absence

  Updated to include additional information on the risks of dismissing employees who are entitled to receive payments under a permanent health insurance scheme.

• Type:

  Policies and documents

  Letter confirming outcome of stage 3 short-term sickness absence meeting

  Updated to highlight the EAT decision in Kelly v Royal Mail Group Ltd, in which a long-serving employee was dismissed for frequent and lengthy absences.

• Type:

  Policies and documents

  Letter confirming outcome of stage 3 long-term sickness absence meeting

  Updated to include information on Awan v ICTS (UK) Ltd, in which the EAT held that an implied term prevented the dismissal of an employee with long-term disability cover.

• Type:

  Policies and documents

  Letter dismissing employee who refuses redeployment following sickness absence management procedure

  Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018.

• Type:

  Policies and documents

  Letter inviting employee to attend long-term sickness absence dismissal appeal hearing

  A model letter to invite an employee to an appeal hearing where the employee has appealed their dismissal under the long-term sickness absence management procedure.

• Date:

  21 March 2017

  Type:

  Law reports

  Long-term sickness absence: dismissal was disproportionate and unreasonable

  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.

• Date:

  24 September 2016

  Type:

  Law reports

  Compensation uplift: Acas code of practice does not apply to ill-health dismissal involving no culpable conduct

  In Holmes v Qinetiq Ltd [2016] 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.