The correct test for dismissal on the grounds of ill health
By Charles Barnes
In the recent case of BS v Dundee City Council, clarification has been given on the correct test employers should apply to long-term health dismissals.
BS had been off sick for the last 272 days with stress and depression. Throughout his ill-health absence, he had been signed off sick by his GP and the occupational health assessment services for eight weeks at a time. The occupational health reports gave no valuable indication of BS’s progress.
In August 2009, the council met with BS to discuss his latest occupational health report and the prospect of his return to work. At the end of the meeting, the council warned him that if he failed to return to work by 14 September it would consider dismissing him…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Directors take care: new guidelines to help interpret two of the Companies Act statutory duties of directors
We now have recent guidelines to help interpret two of the Companies Act statutory duties of directors.
Chancel repair liability is an ancient liability that attaches to land and requires affected owners to meet the costs of repair of the local church chancel.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…