Unfair dismissal and ill-health retirement

• Authors:
• Kim Pattullo
• Sheila Gunn
• Blair Adams

The EAT has held in First Leeds v. Haigh that a capability dismissal will normally be unfair if an employer who provides an enhanced pension on ill-health retirement dismisses an employee before taking reasonable steps to ascertain whether an employee is entitled to ill-health retirement.

Background
Mr Haigh worked as a bus driver for First Leeds. In 2005 he suffered two suspected strokes and went on long-term sick leave.  First Leeds dismissed him.  An Employment Tribunal critici... (87 more words)

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