The law

  • Unfair dismissal
  • Discrimination
  • Contractual and other claims
  • ACAS ­ Code of Practice on Disciplinary and Grievance Procedures (together with the Guide)
  • Access to Medial Reports Act 1998
  • Data Protection Act 1998

Unfair dismissal

  • Capability / conduct / SOSR as potentially fair reasons (PFR)
  • PFR depends on the specific circumstances:
    • Short-term persistent absence ­ SOSR/Capability
      • Int’l Sports v Thompson [1980] IRLR 340
      • Wilson v Post Office [2000] IRLR 834
    • Short-term “absenteeism” ­ Conduct
    • Long-term absence ­ Capability
  • The PFR will dictate the process to use
  • All have separate considerations but all subject to “band of reasonable responses” test (Iceland Frozen Foods Ltd v Jones [1982] IRLR 439)

Discrimination

  • Maternity/pregnancy discrimination
  • Indirect Sex Discrimination (CIPD data)
    • Disability
  • i.e. direct, indirect, “arising from disability”, and failure to make reasonable adjustments
  • Objective justification (not direct)

Contractual and other claims

  • Company sick pay
  • Permanent Health Insurance (PHI)
  • Personal injury (e.g. stress)
  • Health and Safety