EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other reason – Reasonableness of dismissal
Unfair dismissal. Long term sickness absence. Tribunal erroneously requiring that employers follow a particular procedure re further medical enquiries before determining on dismissal. Tribunal wrongly taking account of length of service when considering reasonableness of investigation. Remit to a fresh Tribunal to consider, on facts already found, whether or not the Respondent could reasonably have been expected to wait longer.
Judges:
Lady Smith
Citations:
[2011] UKEAT 0009 – 11 – 1110
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 September 2022; Ref: scu.449406