Source: All England Reporter
Publisher Citation: [2008] All ER (D) 207 (Jan)
Court: Employment Appeal Tribunal
Judge:

Judge Richardson, Mr G Lewis and Ms P Tatlow
Representation Deshpal Panesar (instructed by Laytons, Manchester) for the employee.
  Simon Robinson (instructed by Ford & Warren, Leeds) for the employer.
Judgment Dates: 20 November 2007

Catchwords

Employment - Unfair dismissal - Complaint - Employee dismissed on ground of incapability - Employee lodging internal appeals - Employer confirming dismissal - Employee appealing to employment tribunal - Tribunal finding employer acting unreasonably when dismissing employee - Whether dismissal unfair.

The Case

As a general rule, where an employee was absent through ill-health in the long-term, an employer would be expected, prior to dismissing the employee, to take reasonable steps to consult him to ascertain by means of appropriate medical evidence the nature and prognosis for his condition, and to consider alternative employment. Where, however, an employer provided an enhanced pension on retirement through ill-health, the employer would also be expected to take reasonable steps to ascertain whether the employee would be entitled to the benefit of ill-health retirement before dismissing him.

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