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...