In the recent case in the Scottish Court Of Session of BS v Dundee City Council, the Court set out factors for an Employment Tribunal to consider when deciding an unfair dismissal case where an employer has dismissed an employee on the grounds of ill-health. Ill health is a potentially fair reason for dismissal under the Employment Rights Act 1996.
The Court said that relevant factors to consider are:
1. Whether the employer can be expected to be expected to wait any longer.
2. The employer should consult with the employee regarding their condition and when they expect to return.
3. To discover the employee's condition and likely prognosis.
The Claimant had worked for the employer for 35 years. The Court Of Session said that length of service was only a relevant factor if, during that service, the employee had shown that the employee was likely to return to work as soon as he was able.
