Essays /

Occupational Health Essay

Essay preview

Case of the month: First West Yorkshire Limited t/a First Leeds v Haigh and The Governing Body of Hastingsbury School v Clarke On 15 May 2008 in Case law, Employment law, HR practice, Occupational health, Sickness absence, Wellbeing

In two recent cases the EAT considered how employers should conduct themselves when faced with the question of whether to dismiss employees suffering from ill-health. First West Yorkshire Limited t/a First Leeds v Haigh

“Capability” is one of the potentially fair reasons for dismissal, and will normally cover the dismissal of an employee suffering from ill-health but the employer must still follow a reasonable procedure in order to dismiss fairly. However, the employer’s failure to do so (apart from statutory procedures) does not neces...

Read more


12 15 2005 2008 abl absenc act advic alien anoth anyway apart appeal appoint argument ask associ attend avoid basi benefit bodi bus capabl case claim clarifi clark compani compens complet condit conduct consid consult contract contractu cost cover deal decid decis depart desir disciplinari dismiss doctor driver duti eat employ employe enhanc entitl even evid expert face fail failur fair fault featur find first follow form found fundament get given govern gross haigh hastingsburi health howev hr ie ill ill-health import incap insur investig june key lack law least leav leed licenc limit long lost manag may mean medic meet misconduct month mr must necessarili normal noth oblig occup occupationalhealth octob offer one order pension perform perman play point pornographi potenti practic procedur process produc prostitut psychot qualifi question rais reason recent reduc refer regard reject report retir said school sick simpli singl specialist statutori still stroke student suffer suffici suspend suspicion t/a take taken teacher term therefor told tribun two unfair upheld use v wait wellb west whether without would wrong yorkshir