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Successfully defended employment tribunal claim for food manufacturer

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 result

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.

For more information or advice on employment tribunal claims or any employment and HR issue, please contact Nic Elliott on 0115 9 100 253 or click here to send an email.

Posted on April 29, 2018

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