Capability or qualifications dismissals

New and updated

• 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.

• Date:

  9 August 2016

  Type:

  Law reports

  Ill-health dismissals: Acas disciplinary code not applicable

  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.

• Date:

  28 June 2016

  Type:

  Law reports

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

  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.

• Type:

  Tasks

  Dismiss an employee for poor performance

• Type:

  FAQs

  Does an employer have an obligation to offer an employee any suitable alternative employment before dismissing them by reason of sickness absence?

• Date:

  6 March 2014

  Type:

  Law reports

  Ill-health dismissal: Length of service is not, of itself, automatically relevant in cases of ill-health dismissal

  In BS v Dundee City Council [2014] IRLR 131 CS, the Court of Session found that a tribunal failed to address crucial questions in deciding whether or not an employee had been fairly dismissed for long-term absence and had been wrong to assume that the employee's length of service was a relevant consideration. Long service was relevant only insofar as it could lead to the inference that the employee was a good worker who would return to work as soon as possible.

• Date:

  20 February 2014

  Type:

  Law reports

  Court of Session guidance on length of service in ill-health dismissals

  In DLA Piper's case of the week, the Court of Session considered the relevance of length of service in an unfair dismissal claim to deciding how long to wait before dismissing someone because of incapability (ill health).

• Type:

  Policies and documents

  Letter inviting employee to attend performance dismissal hearing

  A model letter inviting an employee to attend a performance dismissal hearing.

• Type:

  Policies and documents

  Order of proceedings - performance dismissal hearing

  A model order of proceedings for a performance dismissal hearing to assess an employee's capability following a warning and establish whether or not it is now appropriate to dismiss.

• Type:

  Policies and documents

  Letter to employee following performance dismissal hearing offering redeployment

  A model letter offering redeployment to an employee following a performance dismissal hearing.