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 has to be determined in every case is whether, in all the circumstances, the employer can be expected to wait any longer and, if so, how much longer?
Relevant circumstances included the nature of the illness, the likely length of the continuing absence, the need of the employers to have done the work which the employee was engaged to do.’
Citations:
[1976] ICR 301, [1976] IRLR 373
Jurisdiction:
England and Wales
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 . .
Cited – First West Yorkshire Ltd (T/A First Leeds) v Haigh EAT 20-Nov-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 07 May 2022; Ref: scu.377522
