Managing absence and capability , Termination

Employment Appeal Tribunal - December 2013 An employee claimed unfair dismissal after depression and anxiety caused him to be off work for 12 months and the local authority terminated his employment because of his continued absence.   Deciding whether to dismiss an employee is a finely balanced and difficult decision, particularly where the reason is linked with ill-health. Thankfully, a Scottish Court of Session case has provided some welcome clarity for employers who are unsure of how…

Managing absence and capability

Employment Appeal Tribunal - September 2013 A store manager was dismissed for taking a long lunch break to watch a football game. When his appeal against the dismissal failed, he claimed unfair dismissal. The tribunal decided the main reason for his dismissal was the employer's belief that he had lied, and ruled that the sanction of dismissal was not within the range of reasonable responses. The employer appealed and the EAT disagreed with the tribunal’s reasoning, remitting the case to a…