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Equality North East

Dismissing staff on long-term sick leave is not necessarily unfair, says Court of Appeal

Case highlights need for employers to keep medical evidence under ‘regular review’, says employment lawyer

A case involving the dismissal of a teacher on long-term sick leave has led to clarification from the Court of Appeal over when such actions might be carried out fairly, particularly when it is uncertain when or if the employee will be able to return to work.

Claimant Georgina O’Brien won her case on a majority ruling on appeal, after she was dismissed on the grounds of capability, but the subsequent ruling in the ‘borderline’ case offers guidance for employers grappling with similar issues.

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April 11, 2017

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