Anthony Robinson Solicitors

Archive for September, 2012

Conduct dismissal and medical reports

Saturday, September 1st, 2012

If an employee who is accused of serious dishonesty raises his health as an issue how far does this need to be taken into account? A recent case has highlighted that where an employee’s health may be affecting their conduct or performance an employer should take steps to investigate health issues before deciding whether or not to dismiss.

In British Telecommunications Plc v Daniels it was not disputed that the employee made repeated unauthorised use of his company vehicle, misused his company fuel card and repeatedly ordered items for which he had no work requirement. However he had been suffering from stress and depression for several years and his GP had recommended an occupational health report. The failure to adopt this recommendation meant that the dismissal was found to be unfair.