Capability or qualifications dismissals

New and updated

• Unfair dismissal

  Type:

  Employment law manual

  Updated to reflect the Government’s announcement that it has "no plans" to introduce emergency volunteering leave.

• How to deal with employees on long-term sickness absence

  Type:

  How to

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

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

  Type:

  Policies and documents

  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.

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

  Type:

  Policies and documents

  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.

• Letter dismissing an employee who refuses redeployment following a sickness absence management procedure

  Type:

  Policies and documents

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

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

  Type:

  Policies and documents

  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.

• Long-term sickness absence: dismissal was disproportionate and unreasonable

  Date:

  21 March 2017

  Type:

  Law reports

  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.

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

  Date:

  24 September 2016

  Type:

  Law reports

  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.

• Ill-health dismissals: Acas disciplinary code not applicable

  Date:

  9 August 2016

  Type:

  Law reports

  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.

• Acas code on discipline and grievance does not apply to ill-health dismissals

  Date:

  28 June 2016

  Type:

  Law reports

  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.