Ill Health Dismissals - Key Considerations by TribunalsPosted in : Tribunal Guidance from Kennedys on 19 August 2020 Issues covered: Tribunal Procedures; Disability; Ill Health Dismissals; Unfair Dismissal; Policies and Procedures.
When I am asked to defend a claim for unfair dismissal involving an employee who has been dismissed due to long-term ill-health absence my first step is always to map out the chronology of the procedure followed. In any dismissal it is essential that an employer can show that it has followed a fair procedure in order to demonstrate that an employee has been treated justly. However, this is particularly pertinent when dismissing on the grounds of ill health. Procedure is key in these circumstances and can often place an onerous administrative burden on an employer.
When considering the procedure followed, key aspects which a Tribunal will focus on when assessing a fair process include:
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