EAT Unfair dismissal – Reasonableness of dismissal
Where an employee is long-term absent on grounds of ill health, and his pension scheme contains provisions entitling him to an ill health pension on grounds of permanent incapacity, an employer will generally be expected to give consideration to ill health retirement before dismissing for incapacity.
The Tribunal did not err in law in approaching the case on that basis, and further it did not err in law in holding that it was unreasonable for the employer to give the employee an ultimatum whereby it would retain him if he agreed to make no application for ill health retirement and dismiss him if he did not agree.
Judges:
Richardson J
Citations:
[2007] UKEAT 0246 – 07 – 2011, [2008] IRLR 182
Links:
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Cited – Spencer v Paragon Wallpapers Ltd 1976
The court set out what was expected of an employer undertaking a dismissal on ill-health grounds. Philips J emphasised the importance of scrutinising all the relevant factors:- ‘Every case depends on its own circumstances. The basis question which . .
Cited – Alexander and Hatherley v Bridgen Enterprises Ltd EAT 12-Apr-2006
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The . .
Cited – Aspden v Webbs Poultry and Meat Group (Holdings) Limited QBD 1996
The employer had provided a permanent health scheme for directors and senior managers, which included the complainant. After its introduction the complainant, who up to that point had no written contract of employment, entered into a written . .
Cited – Brompton v AOC International Limited v Unum Limited CA 25-Jun-1997
Where an employer uses insurance policies for the benefit of employees there is an implied duty on the part of the employer to use its best endeavours to ensure that the insurance company gives proper consideration to the employees’ claims. The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 24 July 2022; Ref: scu.342114
