We discuss common issues associated with dismissal for long-term poor attendance recently highlighted in the EAT decision of Kelly v Royal Mail Group.
In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.
Updated to include information on Awan v ICTS UK Ltd, in which the EAT considered the dismissal of an employee entitled to disability benefits.
In Hawkes v Ausin Group (UK) Ltd, the Employment Appeal Tribunal (EAT) held that the employer's failure to hold a meeting with a reservist employee, before making the decision to dismiss, did not make the dismissal for some other substantial reason unfair.
Updated to include information on Afzal v East London Pizza Ltd t/a Dominos Pizza, concerning the right of appeal against dismissal following the employee's failure to produce evidence of his right to work.
In Afzal v East London Pizza Ltd t/a Dominos Pizza, the Employment Appeal Tribunal (EAT) held that an employee who was dismissed when he failed to produce evidence of his continuing right to work in the UK should have had the right to appeal.
Chris Cook is partner and Keely Rushmore senior associate at SA Law. They round up the latest rulings.
In Phoenix House Ltd v Stockman and another  IRLR 848 EAT, the EAT held that, while the "Acas code of practice on disciplinary and grievance procedures" did have some application to elements of a "some other substantial reason" dismissal, it was not appropriate to apply the uplift in compensation for unfair dismissal in such a case.
The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to dismissal for some other substantial reason.