Claims of Unfair Dismissal and Disability Discrimination Rejected following persistent Sickness Abse

The Employment Appeal Tribunal has found in favour of the employer by ruling that the employer was justified in dismissing an employee following recurrent sickness absence.

The employer had issued a final written warning to the employee for the repeated absences, the vast majority of which were related to the employee’s disability. The employee’s further absence caused by a shoulder injury which did not constitute a disability, lead to the employee being dismissed.

Despite the fact that the shoulder injury was not a disability, the
Employment Appeal Tribunal rejected the employee’s argument that the employer should have ignored the final written warning when deciding whether to dismiss the employee for the later absence. The fact that it had shown leniency in the past did not mean it was legally bound to do so again regardless of the business impact.

(General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14).

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