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Stress-related sickness absence and unfair dismissal
[ch 3: page 31]If an employee’s sickness absence is the employer’s fault, for example, because of poor working conditions leading to work-related stress, this does not mean that the employee cannot eventually be dismissed as a result of sickness absence. However, the employer must have done all it can practically do to help him or her back to work. The case of McAdie v Royal Bank of Scotland [2007] EWCA Civ 806, is an important decision on long-term sickness absence in the context of mental health problems:
Ms McAdie was on long-term sick leave suffering from work-related stress, following her employer’s failure to deal properly with her grievances, including alleged bullying by her line manager. She had turned down offers of redeployment and had confirmed openly to the bank that she was unable to return to work at all. The Court of Appeal confirmed that even where (as in Ms McAdie’s case) an employer has caused or contributed to the illness or injury, a dismissal carried out after proper consultation, and having exhausted all reasonable options, is likely to be fair.
McAdie v Royal Bank of Scotland [2007] EWCA Civ 806
An employer whose behaviour caused or contributed to an employee’s illness will be expected to “go the extra mile” in looking at all the available alternatives before dismissing. However, eventually a point will be reached at which there is no alternative to dismissal.