The employee was dismissed having been off sick for more than 150 days, which were spread across a six-year period, for a variety of unconnected ailments. The employee brought an employment tribunal claim against the food manufacturer, claiming unfair dismissal.
How we helped
Our employment lawyers worked with the organisation to defend the claim at the Employment Tribunal, which included conducting the advocacy at the multi-day tribunal hearing.
The employment judge dismissed the claim on the basis of our argument that the employee had been fairly dismissed for “some other substantial reason”, namely the employee’s unsatisfactory attendance and failure to reach the attendance levels that were required by the employer’s absence policy.
In addition to avoiding having to pay compensation to the former employee, the outcome of the case also sent a clear message to the rest of the organisation’s workforce that persistent absenteeism can lead to a fair dismissal.
Posted on April 29, 2018