Health and Safety Law 2024 (October 2024)
Even where an employee is not disabled, if their illness or injury is work-related, an employer should not dismiss them without first investigating all alternative ways of avoiding dismissal, described by the Court of Appeal as “going the extra mile” (McAdie v Royal Bank of Scotland [2007] EWCA Civ. 806). This might include, for example, offering an alternative role, agreeing temporary or permanent changes to hours and duties, or providing access to physiotherapy. An employer who fails to take all reasonable steps to avoid dismissal, where the illness or injury is work-related, risks carrying out an unfair dismissal (although two years’ service would be needed for an unfair dismissal claim where the reason for dismissal is ill-health or injury, unless the employee is disabled).
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