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…

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