Going through a dismissal process is extremely difficult for any employee. However, even after the decision has been made and the termination notices have been sent, the employer still owes their employee an obligation to consider the fairness of any dismissal. Read on for more information.
An Employment Tribunal will consider whether a dismissal is fair or unfair at the point it takes effect: this means the very last day of employment. Unfortunately, employers sometimes forget they have an ongoing obligation to consider the fairness of the dismissal. This is especially where the employee has a long notice period. Employers sometimes believe that because they’ve gone through a procedure, that is their responsibility finished. In fact, a dismissal can become unfair because of events which take place during the employee’s notice period.
My Client’s Story
My client was dismissed due to her absence from work. She had been unwell for several months and her doctor was struggling to diagnose her condition. Consequently, her employers went through their sickness absence procedures and terminated her employment with twelve weeks’ notice.
Mid-way through her notice, there was a breakthrough in diagnosing her condition and she began to receive and respond to treatment. She wrote to her employers explaining the change in her circumstances. She explained she was recovering so well she would be able to return to work. She was even able to suggest a date for a phased return to work. Her doctor gave some guidance that within a month of going back, she would be able to return to her full hours and duties.
Her employer responded by saying that as they had completed their procedure and as the time for an appeal had expired, they were not willing to reconsider their decision to dismiss her. Despite my client and her doctor confirming she was able to return to work, they terminated her employment at the end of her notice period.
When my client came to see me, I explained that she had an excellent claim for unfair dismissal. I explained that the Employment Tribunal would consider whether the dismissal was fair or unfair at the point she was dismissed being, of course, at the end of her notice period. At that point, she was able and willing to return to work and therefore her dismissal for continued absence was unfair.
I assisted my client through ACAS Early Conciliation and submitted her Employment Tribunal claim. Her employer initially disputed the claim but long before the final hearing, my client started receiving offers to settle. In the event, my client happily settled her claim for the equivalent of a year’s pay.
Lincs Law Employment Solicitors Can Help You
If you are going through an absence management process at work because of your ill-health, please contact Lincs Law Employment Solicitors on 01522 440512 for a free initial telephone consultation. Alternatively, more information about unfair dismissal is available on our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/
Sally Hubbard
Specialist Employment Solicitor
Lincs Law Employment Solicitors, Lincoln
Tags: lincs law employment solicitors sally hubbard sickness absence sickness absence dismissal sickness absence from work unfair dismissal for sickness
