20 March 2017
In the case O’Brien v Bolton St Catherine’s Academy the Claimant had been absent from work for over a year. It was not clear when she would be fit to return to work. She was dismissed on account of her capability/absence.
The Claimant appealed against her dismissal and at the appeal hearing produced evidence suggesting that she was fit to return to work in the near future. Her employer did not take this evidence into account, focussing instead on whether the decision to dismiss at the time (with the information that was then available) should be upheld. The Claimant’s appeal was therefore dismissed.
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Read more on our blog: Justifying dismissal and discrimination – Same outcomes?
Contact: David Hoey, Partner dho@bto.co.uk T: 0141 221 8012