Ill health dismissal and the EqA Summary It can sometimes be lawful under the Equality Act to dismiss a disabled person who is unable to do the job. However, an employer sho...
Dismissal for long-term absence: Overview In the case of long-term absence, what are the key points, and what difference does it make whether a person has a ‘disability’? Introductio...
Illness and unfair dismissal Summary There is a separate section on Unfair dismissal generally. This page looks at unfair dismissal particularly in the context of illnes...
Unfair dismissal: the rules Summary Claims for unfair dismissal represent the largest individual type of claim brought in the employment tribunal. Unfair dismissal can ...
Disability: Direct discrimination Summary Direct discrimination effectively sets a boundary to the objective justification defence, since this defence is not available for di...
Lying at pre-employment A controversial subject concerns what should happen to an employee who is found to have lied about, or withheld health information requested...
Long-term disability benefits scheme: rights to dismiss The EAT implied a contractual term restricting the employer’s right to dismiss an employee entitled under such a scheme, and said brea...
Tribunal claim against dismissal by police misconduct tribunal The Supreme Court has held an employment tribunal has jurisdiction to consider a dismissal by a police misconduct tribunal. The claimant had...
No defence that employer didn’t know misconduct was disability-related A misconduct dismissal was held to breach EqA s.15 even though medical evidence that it was related to the disability was not available to t...
Attendance management and reasonable adjustments A key decision of the Court of Appeal has made clear that it may be a reasonable adjustment to increase the number of days’ absence that wil...
