Heather Theunissen v Department for Employment and Learning

The claimant argued that she had been advised and it had been agreed by HR that if she left her post on the grounds of inefficiency that she would receive a compensation package of £25,000. The respondent contended that she had been fairly dismissed on the ground of incapability arising from ill health. The claimant was absent from work for considerable periods for an array of health problems and received a final written warning noting that a failure to demonstrate an immediate and sustained improvement in her attendance during the two year warning period could ultimately lead to her dismissal.

The claimant was incorrectly informed that she would be entitled to a lump sum compensation