L v M (Unfair Dismissal: Reasonableness of dismissal) [2014] UKEAT 0382_13_1605 (16 May 2014)

L v M (Unfair Dismissal: Reasonableness of dismissal) [2014] UKEAT 0382_13_1605 (16 May 2014)

The Employment Tribunal correctly considered the Respondent's partial responsibility for aggravating the Claimant's illness by failing to release exonerating information, and found that dismissal in reliance on the attendance policy in January 2011 was unreasonable and procedurally unfair. The Tribunal applied the correct legal principles and was entitled to its conclusions.

Citation
[2014] UKEAT 0382_13_1605
Parties
Respondent: L; Claimant: M
Jurisdiction
United Kingdom
Judgment Date
16 May 2014
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment on Unfair Dismissal Liability
Outcome
Appeal dismissed; Employment Tribunal's finding of unfair dismissal upheld; remedy to be determined.
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Disability Discrimination, Procedural Fairness, Polkey Principle
Employment Law Unfair Dismissal Reasonableness of Dismissal Disability Discrimination Procedural Fairness Polkey Principle

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Parties

L

Respondent

M

Claimant

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment on Unfair Dismissal Liability

Legal Issues

  1. 1 Whether the Respondent acted reasonably in dismissing the Claimant for sickness absence under section 98(4) Employment Rights Act 1996
  2. 2 Whether the Respondent's failure to release information aggravated the Claimant's illness and affected fairness of dismissal
  3. 3 Whether procedural fairness was observed in the dismissal process

Ratio Decidendi

The Employment Tribunal correctly considered the Respondent's partial responsibility for aggravating the Claimant's illness by failing to release exonerating information, and found that dismissal in reliance on the attendance policy in January 2011 was unreasonable and procedurally unfair. The Tribunal applied the correct legal principles and was entitled to its conclusions.

Court Disposition

Appeal dismissed; Employment Tribunal's finding of unfair dismissal upheld; remedy to be determined.

Orders

  • Matter remitted to Employment Tribunal for determination of remedy, including Polkey issue.