This is a dismissal on the grounds of lack of capability due to ill health. The dismissal must be justified and 'related to that capability of the employee for performing the work of the kind which he or she is employed to do' .
Procedures for long-term sickness and the employee's status under the DDA (Disability Discrimination Act) must also be taken into consideration before any type of ill health dismissal.
As a warning, we find that some ill health dismissals are slipping through the net in terms of managers not being able to demonstrate they have complied with the statutory minimum disciplinary and dismissal procedures. Ill health dismissals might not feel like other dismissals and they might have been done with the full consent of the employee concerned however they MUST – no exceptions - comply with statutory dismissal procedures if the dismissal is to have any chance of being found fair.
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