The claimant had been dismissed for ill health. He complained to the Tribunal that he had been unfairly dismissed. The grounds of his application amount to a complaint of constructive dismissal. In summary, he was saying that he was being treated by the District Council in a manner which he found degrading, demoralising and upsetting, and which had resulted in a detrimental effect upon his health to such an extent that his early retirement on the grounds of ill health had been approved. His complaint was that he was denied all responsibility and treated as a menial employee.
Held: The Council’s appeal failed.
Phillips P J Said: ‘Unless there are wholly exceptional circumstances, before an employee is dismissed on the ground of ill health it is necessary that he should be consulted and the matter discussed with him, and that in one way or another steps should be taken by the employer to discover the true medical position . . Discussions and consultations will often bring to light facts and circumstances of which the employers were unaware, and which will throw new light on the problem. Or the employee may wish to seek medical advice on his own account, which, brought to the notice of the employers’ medical advisers, will cause them to change their opinion. There are many possibilities. Mr. Daubney complained to an Industrial Tribunal that he had been unfairly dismissed. The grounds of his application amount to a complaint of constructive dismissal. In summary, he was saying that he was being treated by the District Council in a manner which he found degrading, demoralising and upsetting, and which had resulted in a detrimental effect upon his health to such an extent that his early retirement on the grounds of ill health had been approved. His complaint was that he was denied all responsibility and treated as a menial employee.’
Judges:
Phillips P J
Citations:
[1977] UKEAT 7 – 77 – 2004, [1977] ICR 566, [1977] IRLR 181, (1977) 12 ITR 359
Links:
Cited by:
Cited – Rothwell v Pelikan Hardcopy Scotland Ltd EAT 23-Sep-2005
EAT DISABILITY DISCRIMINATION
Reasonable adjustments
UNFAIR DISMISSAL
Procedural fairness
The claimant, who suffered from Parkinson’s Disease, claimed that he had been unfairly dismissed and . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.248971
