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ILL-HEALTH DISMISSALS: Waiting game

05 May 2017  

The Court of Appeal has recently considered whether an employer should postpone dismissing an employee on long-term sick leave who suddenly claims they are fit to return. Lorna Scully reports

In O’Brien v Bolton St Catherine’s Academy [2017], the Court of Appeal gave some guidance on when it is reasonable to expect an employer to delay in dismissing an employee on long-term sickness absence. This article examines the judgment, which provides a useful reminder of the factors an employer should consider when deciding whether it is appropriate to dismiss.

 

Additional Info

  • Case(s) Referenced:

    Buchanan v The Commissioner of Police of the Metropolis [2016] UKEAT/0112/16/RN

    Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265

    O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145

Last modified on 09 May 2017