Capability dismissal can be fair where employer causes employee's illness

• Author:
• Pinsent Masons Employment Group

The Court of Appeal has upheld a judgment of the Employment Appeals Tribunal (EAT) and confirmed that the fact that an employer is wholly or partly responsible for an employee's incapacity does not preclude the dismissal from being fair.

The employee developed a stress-related illness which the tribunal found was attributable to the conduct of one of her managers which was then exacerbated by the mishandling of her grievance. After a year of sickness, she was dismissed for incapacity in ci... (328 more words)

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