Unfair Dismissal Capability (ill health) Claim
Unfair Dismissal Ill health
An Unfair Dismissal Capability (Ill Health) Claim arises when an employee believes they have been unfairly dismissed due to their inability to perform their job because of ill health. This type of claim focuses on whether the dismissal was fair and reasonable in the circumstances, particularly when the dismissal was related to the employee’s health condition.
Key Elements of an Unfair Dismissal Capability (Ill Health) Claim
Eligibility to Claim
The employee must have at least two years of continuous service (or one year if employed before 6 April 2012) to qualify for unfair dismissal protection.
The dismissal must fall under the definition of unfair dismissal under the Employment Rights Act 1996.
Definition of Capability (Ill Health)
Capability in this context refers to the employee’s inability to perform their job due to physical or mental health issues. This can include:
Short-term illness: Frequent absences due to illness.
Long-term illness: A prolonged or permanent health condition affecting performance.
Disability: If the employee’s health condition meets the definition of a disability under the Equality Act 2010, additional protections apply.
Fair Reason for Dismissal
Dismissal for ill health reasons can be fair, but only if the employer:
Has a genuine belief in the employee’s inability to perform the job due to ill health.
Can demonstrate that they acted reasonably in treating the ill health as a sufficient reason for dismissal.
Followed a fair and proper procedure.
Fair Procedure
To ensure fairness, the employer must:
Obtain medical evidence: Consult with the employee and obtain up-to-date medical reports to understand the nature and extent of the illness.
Communicate with the employee: Keep the employee informed and involved in discussions about their health and employment.
Consider adjustments: Explore reasonable adjustments to the role or workplace to accommodate the employee’s health condition.
Assess the impact: Consider the impact of the employee’s absence or reduced capability on the business.
Hold formal meetings: Conduct meetings to discuss the situation, allowing the employee to be accompanied by a colleague or trade union representative.
Warn of consequences: Inform the employee that dismissal is a possibility if no other solutions can be found.
Consider alternatives: Explore whether there are other roles or adjustments that could accommodate the employee.
Unfair Dismissal
A dismissal for ill health may be considered unfair if the employer:
Did not obtain adequate medical evidence.
Did not follow a fair procedure (e.g., failing to consult with the employee or consider adjustments).
Did not act reasonably in treating the ill health as a sufficient reason for dismissal.
Dismissed the employee without considering alternatives (e.g., redeployment or adjustments).
Disability Discrimination
If the employee’s health condition meets the definition of a disability under the Equality Act 2010, the employer must also avoid discrimination. This includes:
Making reasonable adjustments to the workplace or role.
Not treating the employee unfavorably because of their disability.
Burden of Proof
The employer must show that the dismissal was for a potentially fair reason (capability due to ill health) and that they acted reasonably in treating that reason as sufficient to dismiss.
Potential Outcomes
If the tribunal finds the dismissal unfair, it may award:
Reinstatement (returning to the same job).
Re-engagement (returning to a different job with the same employer).
Compensation, which includes:
Basic Award: Calculated based on age, length of service, and weekly pay.
Compensatory Award: Covers financial losses (e.g., lost earnings), subject to a statutory cap (currently £105,707 or 52 weeks’ pay, whichever is lower).
Common Reasons for Unfair Dismissal in Ill Health Cases
Failure to obtain adequate medical evidence.
Lack of consultation with the employee.
Failure to consider reasonable adjustments or alternatives to dismissal.
Dismissal without proper warnings or opportunities to improve.
How to Bring a Claim
The employee must submit a claim to the employment tribunal within 3 months less one day from the date of dismissal.
Early ACAS conciliation is required before submitting the claim.
The claim is made using the ET1 form, and with this completed Template.
Defending an Ill Health Dismissal:
Employers defending an ill health dismissal must demonstrate:
They had a genuine belief in the employee’s inability to perform the job due to ill health.
They obtained and considered relevant medical evidence.
They followed a fair procedure and acted reasonably in dismissing the employee.
Importance of Legal Advice:
Both employees and employers should seek legal advice when dealing with unfair dismissal capability (ill health) claims to ensure compliance with employment law and to present their case effectively.
If you are involved in such a claim, it is crucial to gather all relevant evidence (e.g., medical reports, correspondence, and records of meetings) to support your position.
Unfair Dismissal Capability (ill health) Claim Template
Depending on the specific situation, an employer who fired someone for being unwell or using sick days. Employers should take the ACAS Code into consideration as well as the fact that it will be a conduct dismissal if they feel the employee is not really unwell but is instead using illness as an excuse to avoid working. You may fill out the Unfair Dismissal ill health Particulars of Claim online, download a copy, print it, and deliver it in person to the relevant courts with the ET1 Form. Section 8.2 of the ET1 form requires an explanation of the claim(s).
An ET1 Particulars of Claim is used to start a unfair dismissal claim. If the matter proceeds to a hearing, the employment tribunal will examine this document first. Thus, the claim specifications must be detailed about the claim or claims that the claimant wants the tribunal to decide.
The ET1 Particulars of Claim template may be used to create this document, ensuring that it has the relevant dates and information. It will provide the reader a summary of what occurred and explain why the claimant believes the dismissal was unfair. If you need help to finalise one of our free ET1 Particulars of Claim Templates we can coach you or check it for you.
Unfair Dismissal Ill health
An Unfair Dismissal Capability (Ill Health) Claim arises when an employee believes they have been unfairly dismissed due to their inability to perform their job because of ill health. This type of claim focuses on whether the dismissal was fair and reasonable in the circumstances, particularly when the dismissal was related to the employee’s health condition.
Key Elements of an Unfair Dismissal Capability (Ill Health) Claim
Eligibility to Claim
The employee must have at least two years of continuous service (or one year if employed before 6 April 2012) to qualify for unfair dismissal protection.
The dismissal must fall under the definition of unfair dismissal under the Employment Rights Act 1996.
Definition of Capability (Ill Health)
Capability in this context refers to the employee’s inability to perform their job due to physical or mental health issues. This can include:
Short-term illness: Frequent absences due to illness.
Long-term illness: A prolonged or permanent health condition affecting performance.
Disability: If the employee’s health condition meets the definition of a disability under the Equality Act 2010, additional protections apply.
Fair Reason for Dismissal
Dismissal for ill health reasons can be fair, but only if the employer:
Has a genuine belief in the employee’s inability to perform the job due to ill health.
Can demonstrate that they acted reasonably in treating the ill health as a sufficient reason for dismissal.
Followed a fair and proper procedure.
Fair Procedure
To ensure fairness, the employer must:
Obtain medical evidence: Consult with the employee and obtain up-to-date medical reports to understand the nature and extent of the illness.
Communicate with the employee: Keep the employee informed and involved in discussions about their health and employment.
Consider adjustments: Explore reasonable adjustments to the role or workplace to accommodate the employee’s health condition.
Assess the impact: Consider the impact of the employee’s absence or reduced capability on the business.
Hold formal meetings: Conduct meetings to discuss the situation, allowing the employee to be accompanied by a colleague or trade union representative.
Warn of consequences: Inform the employee that dismissal is a possibility if no other solutions can be found.
Consider alternatives: Explore whether there are other roles or adjustments that could accommodate the employee.
Unfair Dismissal
A dismissal for ill health may be considered unfair if the employer:
Did not obtain adequate medical evidence.
Did not follow a fair procedure (e.g., failing to consult with the employee or consider adjustments).
Did not act reasonably in treating the ill health as a sufficient reason for dismissal.
Dismissed the employee without considering alternatives (e.g., redeployment or adjustments).
Disability Discrimination
If the employee’s health condition meets the definition of a disability under the Equality Act 2010, the employer must also avoid discrimination. This includes:
Making reasonable adjustments to the workplace or role.
Not treating the employee unfavorably because of their disability.
Burden of Proof
The employer must show that the dismissal was for a potentially fair reason (capability due to ill health) and that they acted reasonably in treating that reason as sufficient to dismiss.
Potential Outcomes
If the tribunal finds the dismissal unfair, it may award:
Reinstatement (returning to the same job).
Re-engagement (returning to a different job with the same employer).
Compensation, which includes:
Basic Award: Calculated based on age, length of service, and weekly pay.
Compensatory Award: Covers financial losses (e.g., lost earnings), subject to a statutory cap (currently £105,707 or 52 weeks’ pay, whichever is lower).
Common Reasons for Unfair Dismissal in Ill Health Cases
Failure to obtain adequate medical evidence.
Lack of consultation with the employee.
Failure to consider reasonable adjustments or alternatives to dismissal.
Dismissal without proper warnings or opportunities to improve.
How to Bring a Claim
The employee must submit a claim to the employment tribunal within 3 months less one day from the date of dismissal.
Early ACAS conciliation is required before submitting the claim.
The claim is made using the ET1 form, and with this completed Template.
Defending an Ill Health Dismissal:
Employers defending an ill health dismissal must demonstrate:
They had a genuine belief in the employee’s inability to perform the job due to ill health.
They obtained and considered relevant medical evidence.
They followed a fair procedure and acted reasonably in dismissing the employee.
Importance of Legal Advice:
Both employees and employers should seek legal advice when dealing with unfair dismissal capability (ill health) claims to ensure compliance with employment law and to present their case effectively.
If you are involved in such a claim, it is crucial to gather all relevant evidence (e.g., medical reports, correspondence, and records of meetings) to support your position.
Unfair Dismissal Capability (ill health) Claim Template
Depending on the specific situation, an employer who fired someone for being unwell or using sick days. Employers should take the ACAS Code into consideration as well as the fact that it will be a conduct dismissal if they feel the employee is not really unwell but is instead using illness as an excuse to avoid working. You may fill out the Unfair Dismissal ill health Particulars of Claim online, download a copy, print it, and deliver it in person to the relevant courts with the ET1 Form. Section 8.2 of the ET1 form requires an explanation of the claim(s).
An ET1 Particulars of Claim is used to start a unfair dismissal claim. If the matter proceeds to a hearing, the employment tribunal will examine this document first. Thus, the claim specifications must be detailed about the claim or claims that the claimant wants the tribunal to decide.
The ET1 Particulars of Claim template may be used to create this document, ensuring that it has the relevant dates and information. It will provide the reader a summary of what occurred and explain why the claimant believes the dismissal was unfair. If you need help to finalise one of our free ET1 Particulars of Claim Templates we can coach you or check it for you.
Unfair Dismissal Ill health
An Unfair Dismissal Capability (Ill Health) Claim arises when an employee believes they have been unfairly dismissed due to their inability to perform their job because of ill health. This type of claim focuses on whether the dismissal was fair and reasonable in the circumstances, particularly when the dismissal was related to the employee’s health condition.
Key Elements of an Unfair Dismissal Capability (Ill Health) Claim
Eligibility to Claim
The employee must have at least two years of continuous service (or one year if employed before 6 April 2012) to qualify for unfair dismissal protection.
The dismissal must fall under the definition of unfair dismissal under the Employment Rights Act 1996.
Definition of Capability (Ill Health)
Capability in this context refers to the employee’s inability to perform their job due to physical or mental health issues. This can include:
Short-term illness: Frequent absences due to illness.
Long-term illness: A prolonged or permanent health condition affecting performance.
Disability: If the employee’s health condition meets the definition of a disability under the Equality Act 2010, additional protections apply.
Fair Reason for Dismissal
Dismissal for ill health reasons can be fair, but only if the employer:
Has a genuine belief in the employee’s inability to perform the job due to ill health.
Can demonstrate that they acted reasonably in treating the ill health as a sufficient reason for dismissal.
Followed a fair and proper procedure.
Fair Procedure
To ensure fairness, the employer must:
Obtain medical evidence: Consult with the employee and obtain up-to-date medical reports to understand the nature and extent of the illness.
Communicate with the employee: Keep the employee informed and involved in discussions about their health and employment.
Consider adjustments: Explore reasonable adjustments to the role or workplace to accommodate the employee’s health condition.
Assess the impact: Consider the impact of the employee’s absence or reduced capability on the business.
Hold formal meetings: Conduct meetings to discuss the situation, allowing the employee to be accompanied by a colleague or trade union representative.
Warn of consequences: Inform the employee that dismissal is a possibility if no other solutions can be found.
Consider alternatives: Explore whether there are other roles or adjustments that could accommodate the employee.
Unfair Dismissal
A dismissal for ill health may be considered unfair if the employer:
Did not obtain adequate medical evidence.
Did not follow a fair procedure (e.g., failing to consult with the employee or consider adjustments).
Did not act reasonably in treating the ill health as a sufficient reason for dismissal.
Dismissed the employee without considering alternatives (e.g., redeployment or adjustments).
Disability Discrimination
If the employee’s health condition meets the definition of a disability under the Equality Act 2010, the employer must also avoid discrimination. This includes:
Making reasonable adjustments to the workplace or role.
Not treating the employee unfavorably because of their disability.
Burden of Proof
The employer must show that the dismissal was for a potentially fair reason (capability due to ill health) and that they acted reasonably in treating that reason as sufficient to dismiss.
Potential Outcomes
If the tribunal finds the dismissal unfair, it may award:
Reinstatement (returning to the same job).
Re-engagement (returning to a different job with the same employer).
Compensation, which includes:
Basic Award: Calculated based on age, length of service, and weekly pay.
Compensatory Award: Covers financial losses (e.g., lost earnings), subject to a statutory cap (currently £105,707 or 52 weeks’ pay, whichever is lower).
Common Reasons for Unfair Dismissal in Ill Health Cases
Failure to obtain adequate medical evidence.
Lack of consultation with the employee.
Failure to consider reasonable adjustments or alternatives to dismissal.
Dismissal without proper warnings or opportunities to improve.
How to Bring a Claim
The employee must submit a claim to the employment tribunal within 3 months less one day from the date of dismissal.
Early ACAS conciliation is required before submitting the claim.
The claim is made using the ET1 form, and with this completed Template.
Defending an Ill Health Dismissal:
Employers defending an ill health dismissal must demonstrate:
They had a genuine belief in the employee’s inability to perform the job due to ill health.
They obtained and considered relevant medical evidence.
They followed a fair procedure and acted reasonably in dismissing the employee.
Importance of Legal Advice:
Both employees and employers should seek legal advice when dealing with unfair dismissal capability (ill health) claims to ensure compliance with employment law and to present their case effectively.
If you are involved in such a claim, it is crucial to gather all relevant evidence (e.g., medical reports, correspondence, and records of meetings) to support your position.
Unfair Dismissal Capability (ill health) Claim Template
Depending on the specific situation, an employer who fired someone for being unwell or using sick days. Employers should take the ACAS Code into consideration as well as the fact that it will be a conduct dismissal if they feel the employee is not really unwell but is instead using illness as an excuse to avoid working. You may fill out the Unfair Dismissal ill health Particulars of Claim online, download a copy, print it, and deliver it in person to the relevant courts with the ET1 Form. Section 8.2 of the ET1 form requires an explanation of the claim(s).
An ET1 Particulars of Claim is used to start a unfair dismissal claim. If the matter proceeds to a hearing, the employment tribunal will examine this document first. Thus, the claim specifications must be detailed about the claim or claims that the claimant wants the tribunal to decide.
The ET1 Particulars of Claim template may be used to create this document, ensuring that it has the relevant dates and information. It will provide the reader a summary of what occurred and explain why the claimant believes the dismissal was unfair. If you need help to finalise one of our free ET1 Particulars of Claim Templates we can coach you or check it for you.