Updated to include additional information on the risks of dismissing employees who are entitled to receive payments under a permanent health insurance scheme.
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.
Updated to include information on Phoenix House Ltd v Stockman, in which the EAT considered whether or not covertly recording a meeting was gross misconduct.
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.
Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018.
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.
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.